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Agenda 05-20-08 The City of Boynton Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA MA Y 20, 2008 Jerry Taylor Mayor - At Large Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV Kurt Bressner City Manager James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES 8r. PROCEDURES FOR PUBUC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. . Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. . Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. . Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA May 20, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Ron Weiland D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission III. ANNOUNCEMENTS, COMMMUNITY 8r. SPECIAL EVENTS 8r. PRESENTATIONS A. Announcements: None B. Community and Special Events: None C. Presentations: 1. Procla mations a. Boynton Veterans Council Memorial Day Celebration - May 25, 2008 b. Code Enforcement Officers Appreciation Week - June 2-6, 2008 2. Presentation of Certificates of Appreciation to approximately 112 volunteers who participated in the Great American Cleanup held on Saturday, April 19 and Saturday, April 26, 2008 3. Workshop on 2008-09 Preliminary Budget and Fire Assessment 4. Authorize the Notice to Proceed for Phase II - Scope of Services to Government Services Group, Inc., in the amount of $26,500 for the 2008/2009 Fire Rescue Assessment Program. 1 Agenda Regular City Commission Boynton Beach, FL May 20, 2008 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS {at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission> V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Expiration Date II Hay Bldg. Bd. of Adj. & Appeals Reg 3 yr term to 12/10 Tabled (2) IV Ross Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/08 Tabled (2) II Hay Code Compliance Board Alt 1 yr term to 12/08 III Rodriguez Code Compliance Board Alt 1 yr term to 12/08 II Weiland Community Relations Board Alt 3 yr term to 12/10 Tabled (2) III Rodriguez Community Relations Board Alt 1 yr term to 12/08 Tabled (2) Mayor Taylor Education & Youth Advisory Board Alt 1 yr term to 12/08 Mayor Taylor Library Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Library Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Recreation & Parks Reg 3 yr term to 12/08 IV Ross Senior Advisory Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (2) VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - May 6, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 1. Approve Chaz Equipment of Wellington, FL to repair a 10" Force Main for a total cost of $27,460 utilizing the City's approved bid "Repair and Emergency Services" contract #065-2821-07/JA. 2 Agenda Regular City Commission Boynton Beach, FL May 20, 2008 2. Approve the purchase of Acuity FL State FDLE Interface from Queues Enforth Development for $40,612, via sole source, to allow officers to run tags for stolen vehicles, names for wants and warrants, DL numbers for driver information, and serial numbers on guns, found property, etc. 3. Approve Chaz Equipment of Wellington, Florida to repair a 24" Storm Water Main in the area of SW 18th Street near Ocean Avenue in Leisureville for a total cost of $83,750 utilizing the City's approved bid, "Repair and Emergency Services", Contract #065-2821-07/JA C. Resolutions 1. Proposed Resolution No. R08-060 Re: Assessing the costs for nuisance abatement on properties within the City of Boynton Beach. 2. Proposed Resolution No. R08-061 Re: Approving and authorizing execution of Amendment No.1 to Task Order U07-4-3 with CDM, for the final design and permitting of the Sodium Hypochlorite Onsite Generation (OSG) system for the East Water Treatment Plant in the amount of $167,500. 3. Proposed Resolution No. R08-062 Re: Approving and authorizing signing of an Agreement for Water Service Outside the City Limits with John and Charmaine Westerman for the property at 1025 Ridge Road, Lantana, FL (Ridge Grove Lot 28) 4. Proposed Resolution No. R08-063 Re: Approving Amendment No. 2 of Task Order No. U04-14-02 with Mathews Consulting, Inc. (MCI) in the amount of $28,161 for additional data collection services provided by MCI for the Phase 1, Reclaimed Water System Project 5. Proposed Resolution No. R08-064 Re: Approving Task Order #U08-01-04 with Arcadis U.S., Inc., to drill a replacement raw water well #12E in the grounds of Forest Park Elementary School, for the sum of $482,165. D. Approve donation to the Boy Scouts of America in the amount of $5,000 from the Police Department's Law Enforcement Trust Fund. E. Approve the full release of surety for the projects known as Renaissance Commons Phase 4A (Villa Lago), in the amount of $49,424.10 and returning Letter of Credit No. SM222088W from Wachovia Bank to RCR Holdings, II, the developer of the project 3 Agenda Regular City Commission Boynton Beach, FL May 20, 2008 F. Approve the full release of surety for the projects known as Renaissance Commons Phases 1A and 1B in the amount of $43,901.75 and returning Performance Bond No. 08780439 from Fidelity and Deposit Company to K. HovnanianjTown and Country Builders, Inc., the developer of the project. G. Approve the release of a performance bond for the Knollwood Groves PUD project in the amount of $105,621.50. H. Accept the written report to Commission of purchases over $10,000 for the month of April 2008. I. Authorize the use of $1,000 of Vice Mayor Rodriguez's Community Investment Funds to help the Boynton Beach Police Athletic League in sending three basketball teams to the Nationals in Hampton, Virginia from June 23-29, 2008. J. Authorize the use of $750 of Vice Mayor Rodriguez's Community Investments Funds to help defray the cost of the Annual Health Fair & Pre-Back-to-School Bash at the Beacon Center at Forest Park Elementary School. VII. CODE COMPLIANCE 8r. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Safe 8r. Secure Phase III (MSPM 08-001) Agent: Robert Basehart, Pugliese Company Owner: Boynton Properties, LLC Location: 3010 South Congress Avenue Descri ption: Request for Major Site Plan Modification approval for the addition of a separate 7,953 square foot storage building to a 3.39-acre site, currently improved with a 95,588 square foot self-storage facility and 4,575 square foot automotive car wash, all zoned M-1 Industrial. 4 Agenda Regular City Commission Boynton Beach, FL May 20, 2008 B. Project: Safe 8r. Secure Phase III (CDPA 08-001) Agent: Robert Basehart, Pugliese Company Owner: Boynton Properties, LLC Location: 3010 South Congress Avenue Descri ption: Request for approval of a Community Design Plan Appeal to allow overhead bay doors to face Congress Avenue, in conjunction with an application for Major Site Plan Modification (MSPM 08-001) C Project: 947 Isles Road (ZNCV 08-003) Agent: Jose Rodriguez Owner: Jose Rodriguez Location: 947 Isles Road Description: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet for a proposed addition to a single-family residence within the R-1-AA Single-family Residential Zoning District. D. Project: Boynton Vistas II (MSPM 07-004) Agent: Jeff Wolff, Wolff & Company, Inc. Owner: Wolff & Company, Inc. Location: 420 NW 17th Avenue Description: Request for Major Site Plan Modification approval to allow construction of 7 additional multi-family residential apartment units in two, 1-story buildings and a 1,000 square foot rental office on a 1.76-acre site zoned R-3, Multi-family Residential. IX. CITY MANAGER'S REPORT: A. Brownfield Follow-up Report B. Approve a six-day work schedule for Solid Waste residential refuse collection and change current collection from Monday, Tuesday, Thursday, and Friday to Monday through Saturday. X. FUTURE AGENDA ITEMS: A. Review new resolution for enclave annexation (Tabled on February 19, 2008) B. Report on existing "Green" efforts within the City of Boynton Beach - June 3, 2008 C. Discussion of funding electronic agenda software - June 3, 2008 5 Agenda Regular City Commission Boynton Beach, FL May 20, 2008 C. Closed-door session for BOYNTON BEACH ALUANCE; and DESIDERIO COPRORATION, a Florida Corporation, EWELL L. MILLER, individually; and SIR ELECTRIC, INC., a Florida Corporation, Plaintiffs vs. The City of Boynton Beach, Defendant - Case No. CA 02 01704 AN - June 3, 2008 D. Follow-up on CIP Budget - June 3, 2008 E. Review of the 10-Year Comprehensive Plan Amendments - June 17, 2008 F. Reconsideration of conveyance of Old High School from CRA to City of Boynton Beach - October 7, 2008 XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING 1. Proposed Ordinance No. 08-010 Re: Approving the amendment to Chapter 2, Article V, Section 2-79 (a) of the City of Boynton Beach Code of Ordinances expediting the procedures with respect to abatement of certain nuisances. C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-012 Re: Amending Chapter 10, Article II. Refuse, Garbage and Trash allowing for unlimited amounts of vegetation and bulk trash for residential curbside pickup and approving a 25 cents per month residential rate increase. D. Resol utions: None E. Other: None XIII. UNFINISHED BUSINESS: None 6 Agenda Regular City Commission Boynton Beach, FL May 20, 2008 XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CIlY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESITMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CIlY SHALL FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNIlY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVIlY CONDUCTED BY THE CIlY. PLEASE CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST lWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVIlY IN ORDER FOR THE CIlY TO REASONABLY ACCOMMODATE YOUR REQUEST. FINAL AGENDA - 5/13/2008 12:28 PM JMP S:\CC\WP\CCAGENDA\AGENDAS\year 2008\052008 FINAL AGENDA.doc 7 III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.a CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FOKlVl Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) [8J May 20, 2008 May 5, 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) [8J Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: To proclaim Sunday, May 25, 2008, "Boynton Veterans' Council Memorial Day Celebration." EXPLANATION: The Boynton Veterans' Council conducts an annual Memorial Day Celebration at the Boynton Beach Memorial Park. PROGRAM IMP ACT: The Recreation and Parks Department provides staff support for the setting up and taking down of the necessary equipment to perform services at this celebration. FISCAL IMPACT: Staff time is included in the budgetary process for the department. ,. AL TERNA TIVES: Not applicable. c:') -..- (0--. '::::.:> n_.__.(.. --'I '. ::::>0 -,'_-..J ~< .'-'CJ .."'."..., :;;u ..) . -~ .' N ! .&;- -", -~ ':.J " ._~ , ..',_. ~.~ - ---" City Manager's Signature ~_..,.. -'.. -- -..... \..D _,;c~ CJ Assistant to City Manager ~.~. -~J-~ , . ~ Risk Management \.0 r;l:~ - Department Name City Attorney / Finance RM/Veterans Advisory Commission/Memorial Day Agenda Request 2008,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC I WHEREAS, Monday, May 26,2008 has been declared Memorial Day and has been designated as a national holiday by legislative enactment; and WHEREAS, the Citizens of this Nation, the State of Florida, and the City of Boynton Beach, live in freedom because of the sacrifices and contributions made by those who served in the Armed Forces of the United States of America in time of national danger; and WHEREAS, Boynton Beach Memorial Park is the final resting place for so many of our citizens who sacrificed their lives for their country, I declare this ground to be hallowed ground sacred to their memories; and WHEREAS, the Veterans Council of Boynton Beach, representing all veterans' posts in Boynton Beach, is hereby commended for its efforts in promoting this Memorial Day ceremony for our veterans who served in all wars; and WHEREAS, during peacetime there have been occasions when our active military personnel have become casualties due to the hazardous nature of their duties; and WHEREAS, these servicemen and women deserve only the highest honors equal to those who died in combat. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, do hereby proclaim Sunday, May 25,2008, as "THE BOYNTON VETERANS COUNCIL MEMORIAL DAY CELEBRATION" in the City of Boynton Beach and urge all citizens to remember the sacrifices and contributions of all those who served this Nation in time of war to preserve our cherished heritage of freedom, and further urge that we all join together to commemorate our veterans with an appropriate observance at 2:00 p.m. at Boynton Beach Memorial Park and by prayers in our homes and houses of worship. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Boynton Beach, Florida to be affixed this 20th day of May in the Year 2008. [ ~. -~- -....---.- I Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) I ! III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.b CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FL.n...LH Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15,2008 March 31,2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) D July 1, 2008 June 16,2008 (Noon) ~ D July 15,2008 June 30,2008 (Noon) ,. :, May 20, 2008 May 5, 2008 (Noon) -- --.1 '::.) ? -- .., ", D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) :; :;() :.~) -~) (::J .' " D Announcements/Presentations D City Manager's Report --... NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal r',...) -. .. D f'..) --:> ~ Code Compliance & Legal Settlements Unfinished Business ,- "-"j D Public Hearing D - RECOMMENDATION: Read enclosed Proclamation (Exhibit "A") into the record recognizing the week of June 2-6, 2008 as "Code Enforcement Officers Appreciation Week." EXPLANATION: This Proclamation recognizes Code Enforcement professionals for the work they do in helping to protect the safety, health & welfare of the citizens in our community. PROGRAM IMP ACT: Recognizes the efforts of our Code Compliance staff and the significance of their efforts in not only protecting the life, health and safety of our residents and business owners, but in preserving and enhancing the quality of life for all that live and work in our community. FISCAL IMPACT: Not applicable ALTERNATIVES: Not applicable k City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC P~OC!IAHA7l0N WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and. WHEREAS, The Florida Association of Code Enforcement (FACE) has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, I, Jerry T aylor, by virtue of the authority vested in me as Vice Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of June 2-6, 2008 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK in Boynton Beach in accordance with the state-wide observance of the same and encourage citizens of Boynton Beach to join this Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. 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, this 20th day of May, Two Thousand and Eight. CITY OF BOYNTON BEACH . .--.-- '._'---~-- Jerry Taylor, Mayor ATTEST Janet Prainito, CMC, City Clerk Corporate Seal II I ! III.-ANNOUNCEMENTS &. PRESENTATIONS CITY OF BOYNTON BEAC Item C.2 AGENDA ITEM REQUEST FO Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 o June 17,2008 ~ -~ ,,-.- April 15, 2008 March 31, 2008 (Noon) June 2.2008 (Noon) - , o May 6, 2008 April 14, 2008 (Noon) o July 1,2008 June] 6, 2008 (Noon) ~ ! ~ May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) -~ o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon)__ ~ Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: To present Certificates of Appreciation to approximately 112 volunteers who participatedin~he Great American Cleanup held on Saturday, April 19 and 26, 2008. " " EXPLANATION: On Saturday, April 19,2008 the City of Boynton Neighborhood Services Division coordiii~ted the 9th annual Great American Cleanup with thirteen neighborhoods, civic and business organizations throughout.the City of Boynton Beach, The organizations are as follows: Inlet Cove Association (INCA), Boynton Terrace Neighbo~h.<;>od Assn, Boynton Hills Neighborhood Assn, MLK Neighborhood Assn, Ridgewood Neighborhood Assn, Village Royale OIl the Green, Four Seas Sun Condo Assn, MAD DADS of Greater Boynton Beach, Boynton Beach Faith-Based CDC Pelleemakers, Boynton Beach Schoolhouse Children's Museum, Rolling Green North Neighborhood, Department of Juvenile Jusitse Youth, and Golfview Harbour Homeowner's Association held on April 26th . PROGRAM IMPACT: The Great American Cleanup campaign made a significant impact on the environment and quality of life in the City of Boynton Beach, This program improved the city's image, instilled a sense of pride in our community and galvanized volunteers to emphasize the need to keep our community safe and free of trash and litter, Approximately 300 bags of trash were picked up by the City of Boynton Beach Solid Waste Division and Solid Waste Authority of Palm Beach County as a result of our volunteer efforts, FISCAL IMP ACT: Program was funded by the Keep Palm Beach County Beautiful, Inc" the Solid Waste Authority of Palm Beach County and the City of Boynton Beach ($23) #00124175595227. Refreshments were provided by the Boynton Beach CRA. rtkip.te i" G".t American Cleanup D.y pmgram~ - City Manager's Signature Assistant to City Manager UM~ Neighborhood Services Division Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC III.-ANNOUNCEMENTS & PRESENTATIONS Item C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31,2008 (Noon) o June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April ]4,2008 (Noon) o July I, 2008 June 16,2008 (Noon) [gJ May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May] 9,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) [gJ Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Review of preliminary budget for Fiscal 08-09 beginning October 1,2008. Important Note: We have not yet received official taxable value information from the Property Appraisers Office. Therefore, this report is based on early estimates only. EXPLANA TION: With the approval of Amendment One in January, the City projected a property tax revenue reduction of $3.5M based o~ the increase of the exemption for homestead exemptions, personal property exemption and portability. That has been factored into the budget projections. In addition, however, due to an economic slump in Florida, property values in Boynton Beach are expected to drop also. Staff has prepared budget estimates based on a 15% taxable value reduction ($900 M). This would drop the overall City taxable value from the current level of$6.1 B to $5.2 B. Staffalso has prepared budget projections based on a taxable value loss of 10%. In this case the taxable value would drop a total of $720 M or reduce the overall City taxable value from $6.1 B to $5.4 B. In order to finalize the proposed budget, staff has prepared four options based on the above taxable value projections; a 15% or a 10% taxable value loss over and above the Amendment One loss of $3.5M. PROGRAM IMPACT: Staff has prepared a summary table showing the projected budget cuts needed with two basic property tax proposals. Options 1 A and I B reflect this basic scenario: Option Taxable Value Tax Rate 8udQet ShortaQe {current rate frozen} Option #1A 10% Decrease 6.4553 $12.334.063 Option 15% Decrease 6.4553 $13.956.742 #18 This rate is equal to the current FY 2007-2008 tax rate that produces less tax revenue due to decreased property assessments; hence it is considered a tax decrease. To achieve this rate, it will be necessary to reduce current program services by the "Budget Shortage" amount. SIBULLETIN\FORMS\AGENDA ITEM REQUEST FORM, DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Option Taxable Value Tax Rate 8udaet Shortaae (projected) Option #2A 10% Decrease 7.2170 $8.820.255 Option #28 15% Decrease 7.6201 $8.820.255 This rate raises the same amount of property taxes as the current FY 2007-2008 budget; it is considered a tax increase that requires a super majority vote. To achieve this rate, it will be necessary to reduce program services by the "Budget Shortage" amount. Regretfully, the City will not receive firm numbers on the actual taxable value from the Property Appraisers Office until June. The projections of a 15% or a 10% reduction have also factored the growth in taxable value by new construction. We do not believe the taxable value loss will be less than 10%. However, if the figures are show less ofa drop, that will help the budget process. FISCAL IMP ACT: Staff has prepared a preliminary budget based on expected operational needs. The budget represents the first round of reviews. Staff has identified targeted program adjustments (reductions in service) to balance the budget based on the above two scenarios. In short, the targets of cuts have been met in program reductions. To complete this impact analysis, we needed to project the operational needs of the City based on current program levels. This resulted in a General Fund increase of 10.1 % in operational costs. This assumes continuation of all 2007-08 programs and approximately the same staffing levels. Here is a summary of the current budget and the initial requests: Department Expenditures: I 2007-08 I 2008-09 Dept ! ..-..---.-'---'-.'.---~,-,--- ~ Budget I Request ---i Police 16.6% $24,910,736 1 $29,041,304 i -Flre'('F'i'200s.:09Includes Costs Funded By Fire''''7.4% I 16,907,662 I 18,156,210 1 6?sessm~nt in_IV 2007-0~_._..___.~~n.... J + -i Public Wor:..~.___._.,___..___,____, _. 9.5% 5,933,62~+__ 6,494,449~ Recreation & Parks 4.2% I 5,068,364 : 5,279,449 ' . c::;lli' Hall. Com m, rv1,gr, Atty, Clerk _..,=___=._=____ -OcQ~o,~.,~ 4,535,206 l... 4,514,109 -1 Development . ...' 7.7% 4,148,795 4,469,591 i L1brary==--~~~~=~-=~==~,'~=. ---;- 3.6% 2,490,441 2,579,090 _~ ITS / GIS I 6.2% 2,174,435 2,308,241' . ______..... ,m _________.....n ...___ n' ..m_______ __,n"" ~ Finance__~_____.__.__._____,___.",J 7.3%'11, 1,176,149 _1 1,262,221 ~ Human Resources n .. '13.7% 1.096.599 i 1.247,007 ' Total Expenditures'----" ""'--'-.-10.1%'- $68,442,011 I $75,351,671 ---_._._._---_._~---- ---------..-- - --- -_._---------_...~ Based on the noted projections of taxable value reductions, the proposed budget requests need to be reduced or alternative revenues found to fund levels of service. A special budget team made up of the Assistant City Manager, Finance Director, Fire Chief, Police Chief, Public Works and Engineering Director and the Utilities Director assisted the City Manager in assessing departmental requests. alternate revenue sources and program service levels. The revenue projections for the City also include an assumed reduction of about $1.2M in state shared revenues under what we budgeted for the current fiscal year and an additional $1 M reduction (over the revised 2007-08 base) next fiscal year The Budget Team has developed the four scenarios for the City Commission to review. This is summarized on the attached summary sheet as well as the worksheet information. In essence, in order to reach targeted reductions, program cuts are S\BLLLETIN\FORMS\/\GENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM needed, employee reductions, possible use of un-obligated reserves (the General Fund has $24M in unobligated reserves) and alternative revenues. ALTERN A TIVES: 1. Retain the current tax rate at 6.4553 and proceed with program and budget cuts totaling $12.3 M based on a 10% taxable value reduction. This will result in a substantial reduction of service levels in all areas of City operations. Additional non-property tax revenues could be used to reduce the program impacts. 2. Retain the current tax rate at 6.4553 and proceed with program and budget cuts totaling $13 .9M based on a 15% taxable value reduction. This will result in a substantial reduction of service levels in all areas of City operations. Additional non-property tax revenues could be used to reduce the program impacts. 3. Allow the tax rate to "roll-up" to capture the same amount of property tax revenue as the current year. Staff projects that based on a 10% decrease in taxable value, the tax rate would be approximately 7.2170. The amount of budget and program cuts, assuming no replacement revenue would be $8.8M. Additional non-property tax revenues could be used to reduce the program impacts. 4. Allow the tax rate to "roll-up" to capture the same amount of property tax revenue as the current year. Based on a 15% reduction of taxable value, the rate will be 7.6201. The amount of budget and program cuts, assuming no replacement revenue would be $8.8M. Additional non-property tax revenues could be used to reduce the program impacts. Note: In both alternatives, there are a number of program adjustments that staff can implement without a reduction in service levels to the city at large. These are identified on Sheet 5 attached. Exhibits: Sheet I: General Fund Worksheet with Program Reductions and Revenue Options Option I A -- 10% Taxable Value Loss and Millage Left at 2007 Rate of 6.4553 Sheet 2: General Fund Worksheet with Program Reductions and Revenue Options Option] B -- ] 5% Taxable Value Loss and Millage Left at 2007 Rate of 6.4553 Sheet 3: General Fund Worksheet with Program Reductions and Revenue Options Option 2 A -- ] 0% Taxable Value Loss and Millage Rolled Up to Meet 2007 Property Tax Extension Rate of7.2170 Sheet 4: General Fund Worksheet with Program Reductions and Revenue Options Option 2 B -- 15% Taxable Value Loss and Millage Rolled Up to Meet 2007 Property Tax Extension Rate of7.6201 Sheet 5: Supplemental Data on Cost Savings Ideas Sheet 6: Property Tax Impact Analysis Comparing 2007 Tax Rate with Projected 2008 Rate Options for Residential and Non- Residential Property. Detail of Program Cuts by Department Based on Retaining the 6.4553 Tax Rate and the Roll-Up Rates Assumptions & Comments FY 2009 Budget Alternatives FY 2008-09 Projected @ 10% Reduction of Tax Base FY 2008-09 Projected @ ] 5% Reduction of Tax Base S\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Budgeted Expenditures & Other Funding Requirements Less Revenues & Other Funding Sources To Determine Property Tax Requirement Summary of Reduction Alternatives General Fund Balances 2003-20] 0 Historic City Property Tax and Fire Assessment Cost for 28 Lawrence Lake Drive - City Manager's Home Department Head's Signature ~ City Manager's Signature Assistant to City Manager _._~_.-._--_. 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Exemption Tax Value 084345 18 130000280 S181:10z!$-'- 25co.O() ~ $ i 56.H)7 City Taxes 2001 Mill.agEl Taxes 2001 ; Paid 2001 City of Boynton Beach ,uT8i60~' .$ 'i.22'oi3 ' CitYOfBoynton'seaCii-DebtO.41i:jT $ . 64:21-nJJ.r~-~.~ejsmeiii ..............$. 70.00 Total 8.2273 $ 1,284,34 ._:.T.otal.."'ith_fire Assessmer. $ 1 j'54':34 PropertyControl# 2002. .2.00Li . _2..0()2_ %\/a!u~ . ., \llII.u~..... E:xer11Eti~!:,+Ta"-"!lI.uEl.. IncrEl.a.~El..., 08434518130000280 $ 184,005 $ 25,0001$ 159,005 1.86% City Taxes 2002 M~lage iTa)(~s_. ..CPI:2~OLsOH~O:O[i I 2002 'Pai~20021,6%, 160'/0; City of Eloynton Beach 7,6000 $ 1,208.44 Tax Cost . .- City of Boynton Beach Debt 0.3950 $ 62.81 Change 'iFireASSeSSment 70.00 Total 7,9950 $ 1,27124 $ (13.09) n.ITotalwithFireAssessmel 1,341 24 Property Control # 2003 2003 2003 % Value I Value Exemption Tax Value Increase I 08434518130000280 $ 188.421 $ 25,000 $ 163.421 2.78% , City Taxes 2003 Millage Taxes CPI-2003.. . !SOHzoo:j'i 2OQLn' Pa.'d.2003 _ I --uT4"1~i'--.2.40'fn City of Boynton Beach . 7.5000; $ 1,225.66iTax Cost ' City of Boynton BeachDebt'0'380-.C $ '6217 i Change 'Fire-Assessment $ 70,00 Total 7.8804 $ 1,287.82 $ 16,58 )otal with Fire Assessmei $ 1357'82 Property Control # 2004 2004 2004 I % Value Value Exemption Tax Value Increase 08434518130000280 $ 192,001$ 25:000 $ 167,001 '2i'9'/,' City Taxes 2004 Millage Taxes. CPI.2004 ... SOH 2004 '2004 .Paici2D04. '19%: 1,90% City of B01'"lon Eleactln 7.5000 $ 1,25251; TaxCost City of Boynton Beach Debt 0.1800 $ 3006 Change Fire Assessment $ 70.00 Total 7,6800 $ 1,28257 $ (5,26) :Total'wTih Fire Assessmer $ 1,35257 Property Control # 2005. 1005 .2.00.5 Value Value . Exemption . Tax Value Increase 08434518130000280 $ 197,761 '$ . '25,000 . $ 172,761 3.45% City Taxes 2005 Millage Taxes CPI.2005 .SOH200.5_ 2005 Paid 2005 3,3% 3.00% City of Boynton Beach 7.5000 $ 1,29571 ,:raxc:;ost City of Boynton Beach Debt 0,1300 $ 22.46 iChange Fire Assessment $ 70,00 Total 7.6300 $ 1,31817 $ 35,60 )otal wilh-Fire'As:sessmel $ 1,38817 PropertyControl # 2006 2006 2006 % Value Value Exemption Tax Value Increase 084345 18 130000280 $ 203,694 $ 25,000 $ 178,694 3.43% City Taxes 2006 Millage ,Ta"es. CPI.2006 SOH 2006 2006 Paid 2006 3.4% 3.00% City ofElo}'nton ElEl.8.ch 7.1000 '$ c1,26~73 Tax Cost City of Boynton Beach Debt 0.0400 $ 7.15 Change FirEl. A.ssessment $ 70.00 Total 7.1400 $ 1,275.87 $ (42.29 Total with Fire Assessmel $ 1.345.87 Prop TaxAnalysIs6 62008 ProPertLC_ontrol '----=:: -"-+-'.2007 2007 2007! % Value . u u._____LValue Exem tion I Tax Value Increase I 08 434518.13()OQ0280.. ___---J-208,786_-L1--..25,00_0+:t 183,786 2.85%1 City}:axesjo.IL-- I Millage_ I -=:--":raxes 'CPI-2007 'SOH 2007 ' r==-- __ ____.. u_ ______ -_or 2007 Est 2007 2.5% 2.50% -I--- Cit}tof El.Cl}'nt()11. Beach ______~- _ 6.4553 i ___ '$ 1,186.39 fTax Cost City of Boynton Beach Debt , 0.0250. I $ 4.59 Change Fire Assessment $ 70.00 Total 6.4803 $ 1,190.99. $ (84.89).. Total with Fire Assessme' $ 1,260.99 , I r---' 200s"~sil;"ate~-i~~ii~=~-=~ Rate Kept c~nsta;t---I~-=_-~i=--~__lL_____ u. .. 1 , -f'roperti~onsrol~==-~~=~_~_ - v~~~ __T EX;~~~ion Ta~~~ue D~~;~:se _L_- I r==~==L~= 08434!;1813Q()002~0___-+. ~...~~,05~~. O,00~~_..._.1~5,050 ,300%+ I ~_~___~ l' I, . City Taxes i007(Est) :_i=!-1~e_H_J.== ===~~_ICPI-2008 J::OH 2008 I __1___.____,________ CityoiBoyni~;,Eleach. . ...,. ....:L:_2I::553T_=_=- =:-_~:~t~~:5.4-rhax co:; 1~1o '.. 3.00% I -i---+- ------ City of Boynton Beach Debt I 0.0250, ' $ 4.13 ICha~_____=lFire Assessment \O!I35% 1$ 68.00 Total 6.4803 $ 1,069.57 $ (121.42) Total with Fire Assessmell $ 1,137.57 -. -...-=t.... ---- -+--___._~____~_J__. ,--- Increaseover2007.., $ (123.42 .. ~. I I ~Q<>:H~t(n:!~~.cll!..xi::~~!.._:..... PropeifLTax Extension Matches 2007 Leve/ roll-up ra~e ' (Based on 10% City Taxable Vaiue ~ I Propedyc.o~tioTILn ----T 2008 Value -------.------- 08 43_4~..1.a13._00..o. 0280 215,050 I CityTa~S-2(j07..kst)--- Milia e CPI-2008 2008 4.1%1 cTtyol]'oynton-Seach _ -----=r_____Jc2170 Tax Cost City of Boynton Beach Debt I 0.0250; ,Change $ 68.00 Total 7.2420 $ 1,195.29 $ 4.30 Total with Fire Assessme $ 1,263.29 ___+_ ----.t..---____+_.- I--L..__ Increase over 2007 $ _~.o.. -. - - --- -.---.- .....-... ..---------.-..-----.L............--L--.------....J.~---.L---.----._T--t' .- 2008EstlmatedTaxc."-st_____L~rofJerty Tax Exte,nsion_lr1a..tches 2.007 Lev~l(!O!!:UPraJe.L___ Ln_______ ._... _ _ ~__ (Based on15't'C;ityTa)(ablelJalu~Loss) _ . _ . ...._____: :....: _,. Property Control # 2008 ~008_, _ 2,OQ8. I 'I, \,l~u~__:_ _ --L __ _ i Value , . Exemption '. Tax lIalue Increase' : 08434518130000280 ,$215,050 . $ 50,0061$ '-165~050-Q60o/~L :.:- nl City Taxes 2007 (Est) 1 ~illa9.e..... :..:..:lt~x~!..==::g:~E2_908 -=-t=-=~-:=:..-=-~=::.t ----- t:~:~=..::= 2008 :Est 2008 . 4.1% ' , CityofBoynt~']'e~~__ -.J.. _ ~~I620L-- =:......_..L.1,..257.69 ITax Cost - --~---r- ' City of Boynton Beach Debt 0.0250 I $ 4.13 I Change I Fire Assessment 35% I $ 68.00 Total 7.6451 $ 1,261.82 $ 70.83 Total with Fire Assessme $ 1,329.82 _u-+__+--" -- -----i- I j"~"'~b' "." --<:l-l- ,-=. T -I _, _ :S!'>E>.:FiOfjda ~~ent of Revenue ~ Florida Property Tax Valuation Inco~e Tax Limitations I htt :/ldor.m orida.com/dor/ ro e /Iimitations.html : --, Prop TaxAnalysisBB2008 IU.-ANNOUNCEMENTS & PRESENTATIONS Item C.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15,2008 March 3 l, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon) o May 6,2008 April 14,2008 (Noon) 0 July 1,2008 June 16,2008 (Noon) ~ May 20, 2008 May 5,2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) ~ Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal o Code Compliance & Legal Settlements 0 Unfinished Business o Public Hearing 0 RECOMMENDATION: A motion to authorize the Notice to Proceed for Phase II - Scope of Services to Government Services Group, Inc. in the amount of $26,500 for the 2008/2009 Fire Rescue Assessment Program. Approval of this item allows the use of Commission Contingency funds until such time that the funds are provided for in a Fire Assessment Budget and transferred back into the contingency account. EXPLANATION: Resolution No. 08-019 approved a two phase Scope of Services agreement (see attachments) with GSG, Inc. to update the 2008/2009 Fire Rescue Assessment Roll and to develop the necessary legal instruments to implement a program. Phase I services are complete. GSG will present the 2008/2009 Fire Rescue Assessment Program and Initial Assessment Memorandum. PROGRAM IMP ACT: Completion of the phase two documents will allow the Commission the ability to proceed with implementing a fire assessment program should they desire to do so. FISCAL IMP ACT: A budgetary Transfer of $26,500 will be made from Commission Contingency account and will be placed in the Other Professional Services account within the Fire Department budget to fund the consulting fees. Should the Fire Assessment Program be continued for FY 2008/09 these funds will be budgeted in the 2008/2009 Fire Rescue Assessment Budget and subsequently be transferred back into the Commission Contingency account. AL TERNA TIVES: Do not authorize Phase II - Scope of Services to GSG, Inc. This would cease the efforts to levy a fire asse.ss..m entJ..ior FY2008/2009. .. . ~ i' · - / . / " ''-~.~, l'c,L~"'-( aA/\.9-> Dejfartment Head's Signature City Manager's Signature Assistant to City Manager ~ CC City Attorney 1 Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 0 ''1 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 5 APPROVAL OF THE SCOPE OF SERVICES FOR THE 6 CONTINUATIONIUPDATING OF THE FISCAL YEAR 2008- 7 09 FIRE ASSESSMENT WORK PLAN WITH GOVERNMENT 8 SERVICES GROUP, INC. IN THE AMOUNT OF $58,000.00; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, City staff has determined that it would be in the best interest of the 12 City should the City decide to continue the Non-Ad Valorem Assessment Program 13 (NA V AP) to stay with Government Services Group, Inc.; and 14 WHEREAS, contracting with GSG will preserve the progress that has been made to- 15 date in the data collection/maintenance of this program and save a large amount of time and 16 expense in instituting a new fire assessment program should the City Commission desire to 17 do so. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does 24 hereby authorize approval of the Scope of Services for the 2008-09 Fire Assessment Work 25 Plan with Government Services Group, Inc., a copy of which is attached hereto. 26 Section 3. This Resolution shall become effective immediately upon passage. I I S:\CA\RESO\Fire Assessment Resos\Fire Assessment Scope of Services 08-09.doc I 1 PASSED AND ADOPTED this L day of February, 2008. 2 I CITY OF BOYNTON BEACH, FLORIDA 3 4 5 i 6 i 7 - \ 8 9 10 11 12 13 14 15 ATTEST: 16 17 18 19 20 21 22 23 24 '~' 25 ,~,(":~:;,.....~:...~.,,...r;'.. '/' ~ ~ C:\Documents and Settings\PrainitoJ\Local Settings\Temporary Intemet Files\OLK104\Fire Assessment Scope of Services 08-09.doc ROB - orr G S G pub}ic sector 'f/""r':;:? /--\~~. t.~ solutions GOVERNMENT SERVICES GROUP, INC. January 14, 2008 Via Electronic Transmission Mr. Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Fire Assessment Program Dear Mr. Bressner, As you know, Government Services Group, Inc. (GSG) and Nabors, Giblin & Nickerson, P.A. (NG&N) originally assisted the City of Boynton Beach (City) in successfully implementing a fire assessment program in 2001, and since its initial year, we have assisted in the maintenance of the annual assessment program on behalf of the City, However, when the assessment program was initiated in 2001-02, the City made the decision to "sunset" the assessment program effective Fiscal Year 2008-09. Therefore, if the City would like to continue to use this annual recurring revenue source in the future, the City will need to conduct a complete new analysis of the fire assessment program to address issues such as changes in boundaries of the City (such as the addition of new fire department service areas), delivery of fire protection services, new case law (such as the Supreme Court decision regarding EMS services) or new legislation (such as the legislation regarding RV parks). Accordingly, we have provided as Appendix A, a proposed scope of services, fees, deliverables and payment schedule to assist the City in the development of a new fire assessment program. Please note your proposed fees for the development of a new fire assessment program have been reduced from our standard fees for a similar city to reflect our previous experience with the City. This scope of services provides a phased approach to the work effort. Phase One of the proposed Scope of Services includes those tasks associated with the development of preliminary proforma assessment rates. The Assessment Memorandum will be prepared and presented at the end of Phase One. Phase Two includes the specific work effort required for the implementation of the program based on the City's pOlicy direction as determined from the findings provided in Phase One. Of course, the development of a new fire assessment program will require first class notice to every affected property owner, either by separate notice or using the Truth-in-Millage (TRiM) notice mailed by the Palm Beach County Property Appraiser in late August. Mr. Kurt Bressner January 14, 2008 Page 2 Please review the attached scope of services. We are currently preparing our schedule for the upcoming assessment season, and would appreciate your prompt reply. This will help us to accommodate your requests and provide you with thoughtful and deliberate attention to ensure the continuation of this successful recurring revenue source. The execution of this letter agreement indicates acceptance of the proposal and notice to proceed. Upon execution of this agreement, please provide us with a signed copy for our files. If you have any questions, please do not hesitate to contact me. We look forward to working with the City of Boynton Beach again this year. Sincerely, ~~/ Camille P. Tharpe Sr. Vice President CPT/jmu Enclosure ACCEPTED AND AGREED TO: ~. ';2./ J/ I C' )' Ii l/)~ BY: ,A/:t . . City of Boynton Beach Date ~VEO AS TO FORM: ~, ..Le'~.>-y (/1) ~'j- / A s ~ . CITY ATTORNEY Appendix A SCOPE OF SERVICES FOR FIRE ASSESSMENT PROGRAM Scope of Services PHASE ONE: Task 1: Evaluate the City's ad valorem tax roll information, fire call data, agreements, reports and other data perta in ing to the provision of fire services. Task 2: Identify the full cost of the fire protection service delivery using the City's most current financial information and identify service delivery issues which may affect the apportionment methodology. Identify the alternative sources of revenue to fund the service delivery costs and determine the net service delivery revenue requirements. Task 3: Determine the total fire assessment revenue requirements to ensure the City recovers the costs of: (a) net fire service delivery revenue requirements, (b) implementing the program and (c) collecting the assessments. Task 4: Using the ad valorem roll and existing assessment roll, updated fire incident data and revenue requirements, develop an apportionment methodology and apply to the assessment roll database to test the data validity and legal suffiCiency. Revise the apportionment methodology, as necessary. Task 5: Calculate proforma schedule of rates based on the apportionment methodology and revenue requirements for the Fiscal Year 2008-09 assessment program. Task 6: Prepare and present an Assessment Memorandum which documents the proposed apportionment methodology and proforma assessment rates. PHASE TWO: Task 7: Prepare a fire services assessment ordinance as necessary to establish the procedures for implementation of the fire services assessment program. Task 8: Assist the City in drafting a/l legal documents to conform to the service assessment ordinance to impose the fire assessment to implement the City's policy decisions and proposed methodology. Task 9: Assist the City with the legal requirements for the adoption of the annual assessment rate resolution and certification of the assessment roll in accordance with section 197.3632, Florida Statutes including: a) the development of the first class notice or TRIM notice and its distribution to any affected property owners, if required, b) publication of the pUblic hearing, and c) the certification of the assessment roll to the Palm Beach County Tax Collector. FEES AND COSTS For the professional services and specialized assistance described in the provided and proposed Scope of Services, GSG and NG&N will work under a "lump sum" fee arrangement of $40,000 for Phase One and $35,000 for Phase Two. However, the professional fees for GSG will be discounted by 10% if your organization is a member of FFCA; this discount results in a reduced lump sum fee for both GSG and NG&N of $38,000 for Phase One and $32,700 for Phase Two. Because of our firms' prior experience with the City Govemment Services Group. Inc. I A -1 and our knowledge of City operations, we have agreed to further reduce our lump sum fee for both GSG and NG&N to $31,500 for Phase One and $26,500 for Phase Twp. The lump sum fee for professional services and specialized assistance will be due and payable in installments on the following basis. Payment will be based on the following schedule, assuming that notice to proceed is received by February 6, 2008. If notice to proceed occurs after this date, payment will be adjusted on the basis of a condensing of the anticipated number of months remaining to complete the project. PHASE ONE: Payment Schedule 25% of lump sum fee March 2008 25% of lump sum fee April 2008 25% of lump sum fee May 2008 25% of lump sum fee June 2008 PHASE TWO: Payment Schedule 25% of lump sum fee JuJy2008 25% of lump sum fee August 2008 25% of lump sum fee September 2008 25% of lump sum fee October 2008 The lump sum fee for professional services for the assessment program includes three on-site visits by representatives of GSG and/or NG&N for Phase One and two on-site visits by representatives of GSG and/or NG&N for Phase Two. Additional on-site meetings (together with any actual costs associated therewith) may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences in lieu of on-site visits. Please note that the lump sum fee does not Include the costs of producing and mailing the statutorily required first cla88 notices. Mailing and production costs depend on the number of aS8888able parcels of property within the City, but average apprOXimately $1.27 per parcel. Payment of mailing and production costs Is due at the time of adoption of the Initial a88e88ment resolution. In the event that the U.S. postage rates Increase during the course of this engagement, the mailing and production costs will Increase by the exact amount of the U.S. postage rate Increase. The City Is responsible for any and all newspaper publications, Including, but not limited to, making arrangements for publications and any costs a880clated thereto. Government Services Group, Inc. I A2 DELlVERABLES SCHEDULE Phase One Event Schedule Notice to Proceed February 2008 Determine Net Revenue Requirements February - March 2008 Calculate Proforma Assessment Rates March - April 2008 Prepare Assessment Memorandum April - May 2008 Phase Two Event Schedule Prepare Fiscal Year 2008-09 Assessment Roll May - June 2008 Preliminary Rate Resolution June 2008 TRIM or First Class Notices July - August 2008 Published Notice July - August 2008 Annual Rate Resolution July - August 2008 Government Services Group, Inc. I A -3 City of Boynton Beach Fire Assessment Memorandum MAY 2008 Presented by: Government Services Group, Inc. 1500 Mahan Drive, Suite 250 Tallahassee, Florida 32308 (850) 681-3717 (850) 224-7206 Fax T able of Contents EXECUTIVE SUMMARY. .................... .............. ....... ......... .............. ." ..... ..... .............. ............ ...................... ... ..'...... i ASS ESSM ENT REPORT.................................................................................... ................................................,....1 SERVICE DESCRIPTION AND ASSESSABLE COST CALCULATIONS....................................................................3 DETERMINATION OF FIRE RESCUE SERVICES DEMAND .................................................................................13 COMPUTATION OF FIRE RESCUE ASSESSMENTS ................................................................................... ..... ... ..15 I MPLEM ENTATION - PHASE II .. .............. ....... ................... ................. .............. .......... ....... .......... ...................... ... 24 -----------~.._-_.._--_._--------_.__._._------_.__..,------------------._-- ------------. - ---------------- Government Services Group. Inc. List of Tables Table 1- Cost Apportionment (FY 2008-09) ..................................................................................................... iii Table 2 - Fire Department Building/Facility Inventory ......................................................................................3 Table 3 - Boynton Beach Fire Rescue Department Organizational Chart 2008 .............................................4 Table 4 - Fire Department Apparatus Minimum Staffing Requirements .........................................................5 Table 5 - Fire Department Apparatus Fire Flow.................................................................................................5 Table 6 - Fire Department Minimum Response Protocol .................................................................................6 Table 7 - Fire Assessable Cost Calculations (FY 2008-09) ..............................................................................10 Table 8 - Fire Calis by Category (Calendar Year 2007) .....................................................................................14 Table 9 _ Cost Apportionment (FY 2008-09) .......................................................................................... ...........16 Table 10- Parcel Apportionment within Property Use Categories ....................................................................16 Table 11 - Parcel Apportionment Residential Property Use Category ..............................................................17 Table 12 - Parcel Apportionment Non-Residential Property Use Category ......................................................18 Table 13 - FY 2008-09 Preliminary Fire Assessment Rates (100% of Assessable Costs = $10,963,784 Gross Revenues) ...............................................18 Table 14 - FY 2008-09 Preliminary Fire Assessment Rates (75% of Assessable Costs = $8,222,838 Gross Revenues)....................................................18 Table 15 - FY 2008-09 Preliminary Fire Assessment Rates (50% of Assessable Costs = $5,481,892 Gross Revenues) ....................................................19 Table 16 - FY 2008-09 Preliminary Fire Assessment Rates (25% of Assessable Costs = $2,740,946 Gross Revenues)....................................................19 Table 17- Estimated Impact of Exemptions (FY 2008-09) (100% Fund ing) ...................................................21 Table 18 - Estimated Impact of Exemptions (FY 2008-09) (75, 50 & 25% Funding).....................................21 Table 19 - Critica I Events Sched u Ie ........... ........... ........................... ....................... ...... ........ ..................... ........25 Government Services Group, Inc. Appendices Appendix A - Situation Found Codes & Descriptions Appendix B - Fixed Property Use Codes & Descriptions Appendix C - Department of Revenue Property Use Codes & Descriptions Appendix D - Palm Beach County Property Appraiser Building Improvement Codes & Use Descriptions -" -----~~-------.~~--~_._.._- ---------..----------.--.-.---'--------- Government Services Group, Inc. Executive Summary INTRODUCTION The City of Boynton Beach (City) has entered into a professional services agreement with Government Services Group, Inc. (GSG) to provide specialized services in the development and implementation of a non-ad valorem assessment program to fund fire services within the incorporated areas of the City (Fire Assessment Project). The City retained Nabors, Giblin & Nickerson, P.A. (NG&N) to provide legal guidance on the study. Government Services Group, Inc. (GSG) specializes in government finance and taxation issues by working with cities, counties, special districts and state agenci~s to develop unique funding and service delivery solutions for critical infrastructure and service needs. GSG has developed extensive experience in structuring and implementing alternative revenue sources in Florida. NG&N is a law firm dedicated to the representation of local governments on issues of finance and taxation. Both firms have developed extensive experience in structuring and implementing alternative revenue sources in Florida. The objective of the Fire Assessment Project was to develop and implement an annual assessment program to fund the City's provision of fire services (Fire Assessment). The annual assessment will, subject to City Commission approval, be collecteql:>Y using the proPElrty tax bill beginning in November 2008. This document is the Fire Assessment Memorandum (Assessment Memorandum), which is one of the project deliverables specified in the scope of services. The work effort, documented. by this Assessment Memorandum, focused on the calculation of assessment rates and classifications required to fully fund the identified assessable costs to provide fire services within the City for Fiscal Year 2008-09. However, the City has the choice of funding all or only a portion of the assessable costs based on policy direction. In addition, the work effort recorded in this Assessment Memorandum required the identification of the full costs of assessable fire services (minus all revenues) and the allocation of those costs to properties that specially benefit from the provision of such fire services. Currently, fire services provided within the City are funded by the General Fund and a fire rescue non-ad valorem assessment. The City's non-ad valorem fire assessment, pursuant to Ordinance 01-56, funds a portion of the City's fire rescue services, facilities and programs. The current fire rescue assessment expires em September 30, 2008. OBJECTIVES The City retained GSG to develop an annual recurring special assessment program so that it is capable of funding all of the assessable costs associated with providing fire services. Commencing with Fiscal Year 2008-09, subject to City Commission approval, the fire assessment will be collected using the property tax bill collection process provided in section 197.3632, Florida Statutes (Uniform Method). Because the fire assessment will be collected using the Uniform Method, the data available on the ad valorem tax roll will be used to develop the Fiscal Year 2008-09 assessment program, as well as the subsequent years' programs. Accordingly, the challenge for the City is to develop a non-ad valorem assessment program which uses property information that is or will be on the ad valorem tax roll. To this end, GSG has been charged to fully cost the services to be provided by the City, develop a fair and reasonable apportionment Government Services Group, Inc. I i methodology for such assessable costs, and determine assessment rates and parcel classifications that are accurate, fair and reasonable. The fire non-ad valorem assessments must meet the Florida case law requirements for a valid special assessment. These requirements are: 1. The service provided must confer a special benefit to the property being assessed; and 2. The costs assessed must be fairly and reasonably apportioned among the properties that receive the special benefit. The work effort of this project required the evaluation of data obtained from the City, Palm Beach County, and from the State Fire Marshal's database to develop a fire assessment program based on Fiscal Year 2008-09 assessable cost calculations. The objectives of this initial effort were to: . Determine the full costs of providing fire services within the City. . Review such final cost determination with the City to determine which elements provide the requisite special benefit to the assessed properties. . Determine the relative benefit anticipated to be derived by categories of property use within the City from the delivery of fire services. . Recommend the fair and reasonable apportionment of assessable costs among benefited parcels within each category of property use. . Calculate assessment rates and parcel classifications for Fiscal Year 2008-09 based on the proposed Fiscal Year 2008-09 assessable cost calculation. . Ensure that the recommended assessment rates and parcel classifications conform to the statutory requirements of the Uniform Method. APPORTIONMENT METHODOLOGY The calculation of assessment rates for fire services depends on three separate, but interconnected, pieces of data. The first data element is the identification of the full cost of providing fire services through the development and determination of the assessable costs of providing such services. The second data element is the analysis of service delivery data, segregated to property use categories (i.e., fire call data). The third and final data component is a comprehensive analysis of all property use categories within the City to determine which parcels receive a special benefit from the provision of fire services and to identify a fair and reasonable method of apportioning the assessable costs among all benefited parcels within each property use category. The recommended fire services apportionment methodology allocates assessable costs on the basis of the anticipated demand for fire services by categories of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. The assessable fire costs are allocated among real property use categories based upon the historical demand for these services. This demand is identified by examining the fire incident data as reported by the City to the State Fire Marshal's office. - --,---,._.._...~-_.,_.__..,-"._..,- .----_. ~.- ~--~---------------- --_._-----_._._-~~-_._...._._._..._----,._-_. ..----.----.--,.-.- Government Services Group, Inc, ! PRELIMINARY ASSESSMENT RATES AND CLASSIFICATIONS Table 1 details the preliminary fire assessment rates on a per dwelling unit or square footage basis for Fiscal Year 2008-09 at 100 percent of the assessable cost calculations. Table 1 FY 2008-09 Preliminary Fire Assessment Rates (100% of Assessable Costs = $10,963,784 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $194.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0.10 Institutional $0.48 Nursing Home $1.07 *Estimated Gross Revenue: $10,963,784; Estimated Exempt Buy-down: $1,379,942; Estimated Net Revenue: $9,583,841 Tables 14, 15 and 16 provide additional rate scenarios at 75, 50 or 25 percent of the total assessable costs of providing fire services. The net revenue generated from the application of these rates will require the application of revenues from other available revenue sources to fund exemptions as will be discussed in the Outstanding Issues section of the Assessment Memorandum. Government Services Group, Inc. I iii Assessment Report OBJECTIVES The City retained GSG to develop an annual recurring special assessment program so that it is capable of funding all of the assessable costs associated with providing fire services. Commencing with Fiscal Year 2008-09, the fire assessment will be collected using the property tax bill collection process provided in section 197.3632, Florida Statutes (Uniform Method). Because the fire assessment will be collected using the Uniform Method, the data available on the ad valorem tax roll will be used to develop the Fiscal Year 2008-09 assessment program, as well as the subsequent years' programs. Accordingly, the challenge for the City is to develop a non-ad valorem assessment program which uses property information that is or will be on the ad valorem tax roll. To this end, GSG has been charged to fully cost the services to be provided by the City, develop a fair and reasonable apportionment methodology for such assessable costs, and determine assessment rates and parcel classifications that are accurate, fair and reasonable. The fire non-ad valorem assessments must meet the Florida case law requirements for a valid special assessment. These requirements are: 1. The service provided must confer a special benefit to the property being assessed; and 2. The costs assessed must be fairly and reasonably apportioned among the properties that receive the special benefit. The work effort of this project required the evaluation of data obtained from the City, Palm Beach County, and from the State Fire Marshal's database to develop a fire assessment program based on Fiscal Year 2008-09 assessable cost calculations. The objectives of this initial effort were to: . Determine the full costs of providing fire services within the City. . Review such final cost determination with the City to determine which elements provide the requisite special benefit to the assessed properties. . Determine the relative benefit anticipated to be derived by categories of property use within the City from the delivery of fire services. . Recommend the fair and reasonable apportionment of assessable costs among benefited parcels within each category of property use. . Calculate assessment rates and parcel classifications for Fiscal Year 2008-09 based on proposed Fiscal Year 2008-09 assessable costs calculation. . Ensure that the recommended assessment rates and parcel classifications conform to the statutory requirements of the Uniform Method. ._~..._"~~ - ---------------~-~--~_._--~---,.__.~-_.__.,--_._--------..--- Government Services Group. Inc. j APPORTIONMENT METHODOLOGY The calculation of assessment rates for fire services depends on three separate, but interconnected, pieces of data. The first data element is the identification of the full cost of providing fire services through the development and determination of the assessable costs of providing such services. The second data element is the analysis of service delivery data, segregated to property use categories (Le., fire call data). The third and final data component is a comprehensive analysis of all property use categories within the City to determine which parcels receive a special benefit from the provision of fire services and to identify a fair and reasonable method of apportioning the assessable costs among all benefited parcels within each property use category. The recommended fire services apportionment methodology allocates assessable costs on the basis of the anticipated demand for fire services by categories of real property use as identified on the real property assessment roll prepared for the levy of ad valorem taxes. The assessable fire costs are allocated among real property use categories based upon the historical demand for these services. This demand is identified by examining the fire incident data as reported by the City to the State Fire Marshal's office. Government Services Group, Inc. I 2 Service Description and Assessable Cost Calculations SERVICE DESCRIPTION The Boynton Beach Fire Rescue Department facilities inventory is comprised of four stations.1 Table 2 identifies the Fire Department's Building/Facility Inventory, as well as the corresponding physical location address for the facility. Table 2 Fire Department BulldingfFacllity Inventory Station Address Station 1 100 East Boynton Beach Blvd. Station 2 2615 West Woolbright Road Station 3 3501 North Congress Ave. Station 4 1919 S. Federal Highway Source: City of Boynton Beach The Fire Department provides standard fire suppression, advanced life support, emergency medical services transport, extrication, rescue operations, search and rescue, state disaster response, emergency management and disaster preparedness, fire prevention, and training and safety education. The City has entered into a statewide mutual aid agreement to provide assistance during emergencies and disasters. The City has a mutual aid agreement with the City of Boca Raton, City of Delray Beach and Palm Beach County Fire Rescue Department to provide mutual assistance on emergency scenes. There is no monetary compensation for this agreement. The City provides contractual services for fire rescue services to Ocean Ridge, Briny Breezes, Village of Golf and Town of Hypoluxo. The City is compensated for these contractual services. Ocean Ridge, Briny Breezes, Village of Golf and Town of Hypoluxo are all located outside the city limits; these calls were not included in the study. Tables 3 through 6 outline the Fire Department's current service operations and service components. Table 3 outlines the Fire Department's organizational structure. Table 4 describes the minimum staffing for each apparatus. This information is used in the development of the Administrative Factor, as further discussed in the "Development of Factors" section of this Assessment Memorandum. Table 5 lists the location and the fire flow/pumping capacity of the Fire Department's apparatus. This information is used to determine the square footage cap for non-residential properties. Table 6 details the Fire Department's response protocol. 1 The City has an additional fire station (Station 5) which is in the early stages of construction and scheduled to open in June 2009. Station 5 is located at 2080 High Ridge Road. --~- --~-~- ---- - ---- - Government Services Group, Inc. I :, '<t - c.i .E c: .. ~l~le ::J 0 i rom c'; i01l .. ~.n~! Gl u "E Gl III .. Ii c: Gl ~ E 5 c 'Clii ~ ~j Cii i~ i,15 n fjtill > 0 :15 c:J 11:::5 .2 ~~ .5 tl ~ Illls lI. .u .dlJOI l ~. i ~Ii~j I! I Ie. Ii :! ~ i 'iii .95 bi 1:- 1::0. Ii f :lID j~ II! .; .I- I . I I ~ \~ to ", 1'- L,I III ~ t; !. ~ II J I " 1 I JIUlij' \; f .: ti..,. ~ I ! ~ ~ j !~! I d iihtilld It'll! :: i,i c ;R .. .... ill il MI 8 ! 6 ~f 1~8 Jocco (.) C'.l= I.;: i~ =-0 Q~ t~ ei -- :10 ~o l:i'.:o; 5! 41 =. lD .= ~ ~i '5 .!:$ = = lU DS = ~ ... go .... ~ = := II) Gl :a ~ Table 4 Fire Department Apparatus Minimum Staffing Requirements Apparatus Minimum Staffing Engine 3 Rescue 3 Truck3 3 Special Ops 3 Source: City of Boynton Beach Table 5 Fire Department Apparatus Fire Flow Apparatus Location Fire Flow (GPM) 2003 Pierce Quint Station 1 1500 gpm 2006 Medtec Station 1 2007 Medtec Station 1 1999 Pierce Quint Station 2 1500 gpm 1992 K.M.E. Pumper Station 2 Reserve 1999 Trailer for SjE Cart Station 2 1999 Special Event Cart Station 2 2003 Medtec Station 2 Reserve 2004 Medtec Station 2 2004 Pierce Pumper Station 3 1500 gpm 2008 Sutphen Aerial Ladder Station 3 2004 Medtec Station 3 2000 Pierce Heavy Rescue Station 3 1988 Wells Fargo Trailer Station 3 2001 Pierce Quint Station 4 1500 gpm 1993 K.M.E. Pumper Station 4 Reserve 2001 Wheeled Coach Station 4 Reserve 2007 Medtec Station 4 Source: City of Boynton Beach The current pumping capacity is defined as the combined amount of water that all personnel and primary apparatus in the Fire Department can pump to a first alarm, non-residential fire in gallons per minute (GPM). Based on the primary apparatus detailed in Table 5 and the available personnel, the effective pumping capacity of the City's Fire Department is 6,000 GPM. Accordingly, based on NFPA Uniform Fire Code (2006 Edition), Annex H, Table H.5.1 (assuming ordinary construction), the Fire Department currently has sufficient fire-flow capacity to provide service coverage in the event of a structure fire involving 77,001 square feet. Therefore it is reasonable and appropriate to place a cap on the square footage of non-residential structures of 77.001 square feet. ~-- ~---_.-_._-~--_._._..._----~..~._._._._-_._----- -~._---,-~--------'-'~--------'-- Government Services Group, Inc. ' . , -, Table 6 Fire Department Minimum Response Protocol TYPE RESPONSE Fire Alarm Only . Zone Engine Structure Fire: First Alarm . Shift Commander (Echo 1) . Zone Engine 1. Single Family Residence . Zone Rescue . Truck Three . Special Ops . Shift Commander (Echo 1) . 2nd Engine 2. Commercial, Multi-family, Industrial, . Zone Engine Target Hazards, and building . Zone Rescue equivalent to three or more stories . 2nd Rescue . Truck Three . Special Ops Structure Fire: Second Alarm . Second Engine 1. Single Family . Second Rescue 2. Commercial, Multi-family, Industrial, . Third Engine Target Hazards, and building . Third Rescue equivalent to three or more stories Structure Fire: Third Alarm . Deputy Chief of Operations (Car 3) . Mutual Aid Move-up - Location to respond to by Battalion Chief request . PBCFR or Delray Fire Rescue will be contacted - depending on location needed . Safety Officer (Division Chief of Training) and PIO to be notified High Rise Buildings: First Alarm . Battalion Chief . 3 - Engines . 3 - Rescues . Truck Company . Shift Captain High Rise Buildings: Second Alarm . Deputy Chief of Operations . 3 - Engines . 3 - Rescues . Truck Company . Chief of Training . Mutual aid units . Breathing air support vehicle/trailer . PIO Brush Fire: First Alarm . Zone Engine Brush Fire: Second Alarm . Squad 3 . Shift Commander . Zone Rescue Brush Fire: Third Alarm . Mutual Aid Brush Truck from PBCFR Vehicle or Boat Fire: First Alarm . Zone Engine . Zone Rescue Vehicle or Boat Fire: Second Alarm . 2nd Engine Government Services Group, Inc. I 6 TYPE RESPONSE . Shift Commander (Echo 1) Dumpster/Trash Fire (Known to be outside of . Zone Engine building - non-attached)* EMS First Out Responses BLS Calls . Zone Engine . Ambulance (by unit request) ALS Calls Zone Rescue (Assign Zone Engine with Rescue for critical EMS calls (e.g. cardiac or respiratory arrest, major trauma, etc.) EMS Second Out Response BLS Calls . Zone Rescue . Ambulance (by unit request) ALS Calls Zone Rescue (Assign Zone Engine with Rescue for critical EMS calls (e.g. cardiac or respiratory arrest, major trauma, etc.) Accidents: MVA . Zone Rescue(s) . Zone Engine(s) . Shift Commander (at his/her discretion) . Ambulance (by unit or Shift Commander request) . Special Operations Vehicle (at Shift Commander's discretion) Hazardous Materials, Building Collapse, and . Zone Engine Special Operations . Zone Rescue . Special Operations . Shift Commander . Safety Officer * If attached to structure, refer to structure response Source: Boynton Beach Fire Rescue Department DEVELOPMENT OF FACTORS FIRE RESCUE v. EMERGENCY MEDICAL SERVICES In June 2000, litigation over the City of North Lauderdale fire rescue assessment program resulted in a decision by the Fourth District Court of Appeals in the case of SMM Prooerties. Inc. v. City of North Lauderdale, (the "North Lauderdale" case). The Fourth District Court of Appeals concluded that emergency medical services (EMS) did not provide a special benefit to property. The Court, however, reaffirmed that fire suppression, fire prevention, fire/building inspections and first response medical services do provide a special benefit to property. In August 2002, the Florida Supreme Court upheld the decision of the Fourth District Court of Appeals. To address these concerns, GSG has developed a methodology that removes the costs associated with emergency medical services. The apportionment methodology only utilizes fire incident report data related to non-EMS calls. The projected Fiscal Year 2008-09 departmental costs were allocated between fire rescue and emergency medical services because of the Florida Supreme Court's opinion in City of North Lauderdale v. SMM Prooerties that emergency medical services (above the level of first response) does not provide a special benefit to property. Accordingly, the fire rescue costs were split from emergency medical service costs based on the following general guidelines. -~.__._'------'-",---"'----'-'- ------ .~~~--~..,--~ --~-_.._--~_..~,,_.- ,-,-.--,-.-.,---------,-,.----------...- Government Services Group, Inc. DIRECT ALLOCATIONS To the extent that certain line items could be allocated directly to fire, direct allocations were made. All costs directly related to fire such as "Fire Extinguisher Service," "Safety Clothing/Equipment," "Hardware/Tools" and "Fire Prevention Supplies" were totally allocated to fire. All costs directly related to emergency medical services were removed entirely. ADMINISTRATIVE FACTOR Certain line items were allocated between fire and EMS based on an Administrative Factor. This Administrative Factor is derived by creating a ratio between non-EMS or fire personnel and total combat personnel across all shifts within a 24-hour period. On average, under typical staffing, the City has 23 non-EMS personnel and 18 EMS personnel, for a total of 41 combat personnel. This normal staffing yields a 56.1% non-EMS Administrative Factor. The Administrative Factor was then adjusted to account for any expenses directly related to fire prevention. The number of fire prevention positions across all shifts within a 24-hour period is added to the total fire combat personnel for the same 24-hour period. The ratio of these total positions to the total number of combat positions across all shifts within a 24-hour period results in an adjustment to the Administrative Factor. The City's adjusted Administrative Factor for non-EMS is 59.7%. This percentage was then applied to all applicable line items to allocate the costs that c::ol.lldnot be directly allocated as fire costs or EMS costs, and that could not be operationally allocateq. For example, an adjusted Administrative Factor was applied to the personnel expenditures for salaries and benefits, and the line item expenditures for "Electric Services," "Employee Recognition," and "Office Supplies" to determine the fire service costs of these line items. OPERATIONAL FACTOR Other assessable cost line items may also be allocated between fire and EMS based on an Operational Factor. The Operational Factor is derived by creating a ratio between non-EMS (i.e. fire) calls and EMS calls, and this ratio which is based on the Fire Rescue Department's operations, was applied to certain budget line items such as "Equipment Maintenance" and "Vehicle Service Costs." To develop the Operational Factor for the City, GSG obtained fire rescue incident data identifying the number of fire rescue calls made to property categories within the City over a one-year period (calendar year 2007). The City fire rescue incident data was used to determine the demand for fire rescue services. The State Fire Marshal's office uses the Florida Fire Incident Reporting System (FFIRS). This system is a tool for fire rescue departments to report and maintain computerized records of fire rescue incidents and other department activities in a uniform manner. Under this system, a series of basic phrases with code numbers are used to describe fire rescue incidents. Appendix A provides a codes list for the "type of situation found" as recorded on the fire rescue incident reports used to identify EMS and non-EMS calls. The ratio between non-EMS (i.e. fire) calls and EMS calls is then applied to all applicable line items to allocate the costs that could not be directly allocated as fire costs or EMS costs, and that could not be administratively allocated. For the one-year period (Calendar Year 2007), the City reported 11,093 total fire rescue incident calls to FFIRS, of which 2,945 were non-EMS (i.e. fire) calls and 8,148 were EMS calls. This information results in a 26.55% non-EMS Operational Factor. Government Services Group, Inc. I 8 ASSESSABLE COST CALCULATIONS The assessable cost calculations for Fiscal Year 2008-09 are based on the following assumptions for the purpose of this Assessment Memorandum. . The City provided the actual adopted FY 2007-08 fire rescue budget. . Unless more accurate information was available, a 4.5 percent annual increase was applied across all line items in the Fiscal Year 2007-08 budget to create the proforma budget for Fiscal Year 2008- 09. . Revenues are shown as a reduction of the total projected expenditures, thereby reducing the total assessable costs. Revenues received from fire inspections and plan review fees were allocated directly to fire. Revenues received from Ocean Ridge, Briny Breezes, Village of Golf, and Hypoluxo were applied the administrative factor since the services provided are for both fire protection and EMS. . The line item "Statutory Discount" under "Miscellaneous Assessment Expenditures" reflects a 95% collection of the Fire Assessment to cover the 4% statutory discount allowed by the Uniform Method and 1% reserve for under collection. Accordingly, the statutory discount is budgeted at 5% of the total assessable costs. . The line item "Study Reimbursement" under "Miscellaneous Assessment Expenditures" is the reimbursement to the City for the cost of conducting the assessment study. These costs are reimbursable through the assessment program. . The line item "PA TRIM Costs" is the Property Appraiser's cost for including notice of the fire assessment on the TRIM notice. . Pursuant to section 197.3632, Florida Statutes, the tax collector and property appraiser may each enter into an agreement with the local government for reimbursement of necessary administrative costs incurred from the collection of the non-ad valorem assessment. Accordingly, if any such feels) is charged, the fee may be recouped as an add-on to the total assessable costs for the year. The line item "Collection Costs (Tax Collector)" under "Miscellaneous Assessment Expenditures" reflects reimbursement for the collection costs associated with the non-ad valorem assessment incurred by the TaX Collector. Pursuant to section 197.3632, Florida Statues, a municipal or county government shall only compensate the tax collector for the actual costs of collecting the non-ad valorem assessment. The applied collection charge is estimated to be adequate to cover the Tax Collector's actual collection costs. _______,_.____~__._____ ._,.._.__~_~____ - --------...-.-,.-.__.-_'0__-_.-------- Government Services Group, loe i 9 Table 7 shows the projection of the full cost of the fire assessment program for Fiscal Year 2008-09 based on the above assumptions. Table 7 Fire A.....able Co.t Calculation. (FY 2008-09) FY 2008-09 FY 2007-08 Approved Fiscal Year 2007-08 Proforma Budget Assessable Budget Assessable Budget EXPENDITURES PERSONNELSER~CES Regular Salaries/Wages 9,965.492 5,949.399 6,217,122 Holiday Pay 372,780 222.550 232,564 Holiday Bonus 1.296 774 809 Overtime 463,250 276,560 289,005 Reimbursable Overtime 10.000 5.970 6,239 Car Allowance 7,365 4.397 4,595 I nce ntive Pay 39.450 39.450 41,225 New Personnel/Reclass 0 0 0 Employer FICA 845.440 504.728 527,440 General Employees Pension 113.423 67,714 70,761 Firefighters Pension 2,074.830 2,074,830 2.168,197 Deferred Comp 14.500 14,500 15,153 Life Insurance 27.063 16,157 16,884 Disability Insurance 9.859 5.886 6.151 Health Insurance 843.192 503.386 526,038 Firefighters' suppl insurance 161,227 161.227 168,482 Dental Insurance 61,740 36,859 38,517 Vision Insurance 8.085 4.827 5,044 TOTAL PERSONNEL SER~CES 15,018,992 $9,889,211 10,334,226 OPERATING EXPENSES Medical Director 24.504 0 0 Fire Dispatch Costs 131.808 131.808 137.739 Other Professional Services 25,000 14.925 15,597 Audit Fees 4.300 2,567 2,683 Business Meetings 32.450 19.373 20.244 Cellular Phone/Beeper 42.000 25,074 26.202 Electric Service 95,000 56.715 59,267 Water/Sewer Service 2.500 1.493 1,560 Fuel/Propane 2,500 1.493 1,560 Copy Machine Rental 14,500 8,657 9.046 PIT Accident Insurance 4,500 2,687 2,807 Equipment Maintenance 43.430 11,531 12,050 Fire Extinguisher Service 0 0 0 Computer Maintenance 2,000 1,194 1,248 Vehicle Service Cost 205,660 54.603 57,060 Software Maintenance 23,612 14,096 14,731 Printing & Binding 9,200 5.492 5,740 Employee Recognition 3,500 2,090 2,184 Wellness Program 4.500 4,500 4,703 Self Insurance Charges 180,945 108,024 112,885 Warehouse Service Charge 24.450 14.597 15,253 Government Services Group, Inc. I 10 FY 2008-09 FY 2007-08 Approved Fiscal Year 2007-08 Proforma Budget Assessable Budget Assessable Budget Recruiting Expense 5,000 5,000 5.225 Other Contractual Services 71,400 18,957 19,810 Licenses, Fees & Permits 400 239 250 Office Supplies 25.000 14.925 15.597 Computer Software < $750 4,600 2.746 2.870 Supplies 4,300 2,567 2,683 OPR Equipment < $750 28,197 16,834 17,591 Chemicals & Lab Supplies 2,000 2,000 2.090 Uniforms 69,000 41.193 43.047 Safety Clothing/Equipment 49.000 49.000 51.205 Janitor Supplies 26.000 15,522 16.220 Hardware/Tools 9,750 9.750 10,189 Fire Prevention Supplies 15,000 15.000 15.675 Medical Supplies 170.000 0 Suppression EquipmenVSupply 29,700 29.700 31.037 Radio Batteries/Supplies 21,000 5.576 5.826 Training Aids 3,500 2,090 2.184 Honor Guard 1,750 1.045 1.092 Miscellaneous Supplies 2,500 1,493 1.560 Books and Pu blications 7,450 4,448 4.648 Memberships 4.525 2.701 2.823 Training 144,700 86,386 90.273 Recertification 23,300 13.910 14.536 New Personnel/Supplies 2,600 2,600 2,71"7 TOTAL OPERATING EXPENSES 1,597,031 $824,596 861,703 CAPITAL OUnAY Building Improvements 0 0 0 Grounds Improvements 0 0 0 General Equipment 13,600 8.119 8.485 Safety Equipment 270.000 270,000 282.150 Fire Special Ops Equipment 9,900 9.900 10.346 Computer Software 9.000 5.373 5.615 Computer Equipment 18,750 11.194 11.697 Furniture & Fixtures 0 ." \.J Offices Machines/Equipment 0 0 Communication Equipment 22,000 13,134 13.725 Paramedic Equipment 25,400 0 Automotive Accessories 1,500 1,500 1.568 New Personnel - Capital 13,600 8,119 8,485 TOTAL CAPITAL OUTLAY 383,750 $327,339 342,069 NON-OPERATING EXPENSES Transfer to Self Insurance 0 0 :) Transfer to Grants - Match 70,000 70.000 73.150 Transfer/Vehicle Service Fund 0 0 :) TOTAL NON-OPERATING EXPENSES 70,000 $70,000 73,150 TOTAL EXPENDlnJRES $17,069,773 $ll,lll,146 11,611,148 -_._.,~--------~~-------~------------- Government Services Group, Inc. FY 2008-09 FY 2007-08 Approved Fiscal Year 2007-08 Proforma Budget Assessable Budget Assessable Budget REVENUES Fire Inspections 312,228 312,228 326,278 Plan review fees 291.914 291,914 305,050 Ocean Ridge Interlocal Agreement 739,798 441,659 461,534 Briny Breezes Interlocal Agreement 249,236 148,794 155,490 Village of Golf Interlocal Agreement 114,870 68,577 71,663 Hypoluxo Interlocal Agreement 281,733 168,195 175,763 TOTAL REVENUES 1,989,779 $1,431,367 1,495,779 TOTAL EXPENDITURES $17,069,773 $11,111,146 11,611,148 TOTAL REVENUES $1,989,779 $1,431,367 1,495,779 TOTAL NET EXPENDITURES $15,079,994 $9,~79, 779 10,115,369 MISCELLANEOUS ASSESSMENT EXPENSES Study Reimbursement/Annual Maintenance 58,000 58,000 PA TRIM Costs (estimated 30,400 parcels x $.75 + $150) 22,950 22,950 Statutory Discount @ 5% (4% early payment /1% non-call) 524,770 548.189 Collection Costs @ 2% (tax collector) 209.908 219,276 TOTAL MISC ASSESSMENT EXPENSES $815,629 848,415 TOTAL ASSESSMENT FUNDING REQUIREMENT $10,495,407 10,963,784 Source: City of Boynton Beach Government Services Group, Inc. I 12 Determination of Fire Rescue Services Demand INCIDENT DATA GSG obtained information from the City in an electronic format, identifying the number and type of fire incident responses by City fire vehicles for calendar year 2007. The City uses the Florida Fire Incident Reporting System (FFIRS) to record its fire incidents. The FFIRS is a tool for fire departments to report and maintain computerized records of fire incidents and other department activities in a uniform manner. Under this system, a series of basic phrases with code numbers are used to describe fire incidents. A data field in the FFIRS, "type of situation found," identifies the incident as an EMS or non-EMS type of call for each incident. Appendix A provides a codes list for the "type of situation found" as recorded on the fire incident reports used to identify EMS and non-EMS calls. Another data field in the FFIRS, "fixed property use," identifies the type of property that fire departments respond to for each fire incident. The fixed property uses correlate to property uses determined by the Palm Beach County Property Appraiser on the ad valorem tax roll. Appendix B provides a codes list for the "fixed property use" as recorded on the fire incident reports. GSG analyzed the 2007 calendar year's fire incident data from theFFIRS files to evaluate trends and determine if aberrations were present. City fire incident data for the 2007 calendar year represents 11,093 fire rescue incidents. Of the 11,093 fire rescue incidents, there were 8,153 incidents classified as EMS type incidents based on the type of situation found indicated on the incident report. The 8,153 EMS type incidents were not included in the analysis. There are certain fire rescue incidents that could not be assigned to a specific property or parcel. These calls represent non-specific type incidents, which are incidents that either could not be correlated to a specific parcel or calls that involved auto accidents and other types of incidents along roads and highways. Of the 2,940 remaining fire type incidents, 2,280 were calls to specific property uses. The remaining 660 incidents were considered non-specific type incidents. Because of the inability to correlate these non-specific type incidents to specific property categories, the call analysis does not include these 660 incidents. Because of the urbanized character of the City, the suppression of fires on vacant land and agricultural property primarily benefits adjacent property by containing the spread of fire rather than preserving the integrity of the vacant parcel. Thus, incidents to vacant and agricultural property were not included in the final analysis of the fire call database. The 43 calls to these two property use categories were removed. Using the fixed property use codes, the remaining 2,237 fire type incidents corresponding to specific properties were initially assigned to the following property use categories: residential, commercial, industrial/warehouse, institutional and nursing home. Incidents to government properties, religious buildings, institutional parcels, and educational properties were aggregated into an "institutional" category. Table 8 outlines the property use category assignment of fire incidents based on the analysis conducted. ---_.._---_...~-----~-~_._----~-_._-----_.._------~- Government Services Group, Inc, 3 Table 8 Fire Calls by Category (Calendar Year 2007) Category Number of Percentage Incidents of Calls Residential 1,287 57.53% Commercial 550 24.59% Industrial/Warehouse 77 3.44% Institutional 200 8.94% Nursing Home 123 5.50% Total 2,237 100% Source: City of Boynton Beach Fire Department PROPERTY DATA GSG obtained information from the ad valorem tax roll from the Palm Beach County Property Appraiser's office to develop the assessment roll. Each property use within the assessable area on the ad valorem tax roll was assigned to one or more of the property use categories based on their assignment of use by the Palm Beach County Property Appraiser or verification of use obtained through field research. The Property Appraiser assigns a four- digit code based on the Florida Department of Revenue (DOR) property use codes reflected in Rule 12D- 8.008, Florida Administrative Code. A listing of DOR codes and associated property description is provided as Appendix C. Further analysis regarding buildingimprQvement types was conducted relative to each building's use on a parcel of property based on their assignment of use by the Palm Beach County Property Appraiser or verification of use obtaineg through field research. A list of building improvement codes used by the Palm Beach County Property Appraiser is provided as Appendix D. For parcels assigned to the Residential Property yse Category, GSG utilized the total number of dwelling units within the City as determine<:l.from the building files on the ad valorem tax roll or through the use of field research. For parcels within the Non-Residential Property Use Category (commercial, industrial/warehouse, institutional, and nursing home), GSG utilized the amount of square footage of the non-residential structures as determined from the building files on the ad valorem tax roll or through the use of field research to determine the building use. Government Services Group, Inc. I 14 Computation of Fire Rescue Assessments ASSESSMENT CLASSIFICATIONS This section of the report includes the recommended parcel classifications and preliminary assessment rates as calculated within this Assessment Report. The fire protection assessment cost calculations provided herein are primarily based on information supplied by the City. The assessable cost projections developed by GSG are designed to forecast preliminary assessment rates within each property use category for Fiscal Year 2008-09. SPECIAL BENEFIT ASSUMPTIONS The following assumptions support a finding that the fire services, facilities, and programs provided by the City provide a special benefit to the assessed parcels. . Fire services, facilities, and programs possess a logical relationship to the use and enjoyment of property by: (i) protecting the value and integrity of improvements, and structures through the availability and provision of comprehensive fire services; (ii) pr()tecting the life and safety of intended occupants in the use and enjoyment of property; (iii) lowering the cost of fire insurance by the presence of a professional and comprehensive fire program; and (iv) containing fire incidents occurring on land with the potential to spread and endanger other property and property features. . The availability and provision of comprehensive fire services enhance and strengthen the relationship of such services to the use and enjoyment of the parcels of property, the market perception of the area and, ultimately, the property values within the assessable area. APPORTIONMENT METHODOLOGY The following section describes the recommended assessment apportionment methodology for fire services based on: (i) the fire assessable cost calculations; (ii) the ad valorem tax roll maintained by the property appraiser and the availability of the data residing on the database; and (iii) the fire incident data. COST APPORTION M ENT The Fiscal Year 2008-09 assessable costs calculation was apportioned among property use categories based upon the historical demand for fire services reflected by the fire incident data for the calendar year 2007. This apportionment is illustrated in Table 9. .._~---~~------_._------------~-----_.- Government Services Group, Inc. 15 Table 9 Cost Apportionment (FY 2008-09) Category Number of Percentage Allocation of Assessable Incidents of Calls Costs Residential 1287 57.53% $6,307,729 Commercial 550 24.59% $2,695,611 I nd ustrialjWa rehouse 77 3.44% $377,385 Institutional 200 8.94% $980,222 Nursing Home 123 5.50% $602,837 Total 2237 100.00% $10,963,784 PARCEL APPORTION M ENT The share of the assessable costs apportioned to each property use category was further apportioned among the individual buildings of property within each property use category in the manner described in Table 10. Table 10 Parcel Apportionment within Property Use Cat.gorl.. Category Parcel Apportionment Residential Dwelling Unit Non-Residential -Commercial -I nd ustrialjWa rehouse Square Footage -Institutional -Nursing Home Applying the foregoing parcel apportionment methodology, fire assessment rates were computed for each property use category. The specific methodology, underlying special benefit and fair apportionment assumptions are included below and generally described. RESI DENTIAL PARCEL APPORTION M ENT ASSU M PTIONS The following assumptions support findings that the parcel apportionment applied in the Residential Property Use Category is fair and reasonable. The Residential Property Use Category includes such properties as single-family dwelling units and multi-family dwelling units. . The size or the value of the residential parcel does not determine the scope of the required fire services. The potential demand for fire services is driven by the existence of a dwelling unit and the anticipated average occupant population. . Apportioning the assessed costs for fire services attributable to the residential property use category on a per dwelling unit basis is required to avoid cost inefficiency and unnecessary administration, and is a fair and reasonable method of parcel apportionment based upon historical fire call data. . The historical demand for fire rescue services for multi-family and single family residential property is substantially similar and any difference in the percentage of documented fire rescue calls to such specific property uses is statistically insignificant. Government Services Group, Inc. I 16 RESIDENTIAL PARCEL APPORTIONMENT CALCULATION Based upon the historical demand for fire services, the percentages of assessable costs attributable to residential properties were calculated. The amount of the assessable costs allocable to the residential property use category was divided by the number of dwelling units in the City to compute the fire assessment to be imposed against each dwelling unit. For each residential parcel, the actual number of dwelling units located on the parcel will be multiplied by the residential dwelling unit rate to compute the residential fire assessment amount for the parcel. Table 11 illustrates the assignment of dwelling units under this apportionment methodology to the Residential Property Use Category. Table 11 Parcel Apportionment Residential Property Use Category Residential Property Use Category Number of Dwelling Units Residential 34.371 Source: Palm Beach Co. Property Appraiser, (2008). NON-RESIDENTIAL PARCEL APPORTIONMENT ASSUMPTIONS The Non-Residential Property Use Category includes commercial, industrial/warehouse, institutional, and nursing home property uses. The capacity to handle fires in Non-Residential Property Use Category is governed by the following: The current pumping capacity is defined as the combined amount of water that all available personnel and primary apparatus in the Fire Department can pump to a first alarm non-residential fire. As outlined by Table 5 above, the pumping capacity for the Fire Department is 6,000 GPM. Accordingly, based on NFPA Uniform Fire Code (2006 Edition), Annex H, Table H.5.1 (assuming ordinary construction), the Fire Department currently has sufficient fire-flow capacity to provide service coverage in the event of a fire involving structures for 77,001 square feet. Therefore, based upon the findings outlined herein, it is fair and reasonable to place a cap on the square footage of non-residential structures of 77.001 square feet. The following assumption supports findings that the parcel apportionment applied in the Non-Residential Property Use Category is fair and reasonable. . The separation of the non-residential buildings by actual square footage is fair and reasonable for the purpose of parcel apportionment because the demand for fire services is determined and measured by the actual square footage of structures and improvements within benefited parcels. NON-RESIDENTIAL PARCEL APPORTIONMENT CALCULATION Based upon the historical demand for fire services, property in the Non-Residential Property Use Category will be responsible for funding a percentage of assessable costs. The amount of the assessable costs allocable to each non-residential parcel will be based upon the aggregate of all non-residential building square footage situated on the parcel. The non-residential assessment rate was determined by multiplying the percent of total fire calls attributable to non-residential property by the total assessable costs. This calculated amount of assessable costs was then divided by the number of non-residential square feet to obtain an assessment per square foot. For buildings containing non-residential improvements over 77,001 square feet, an assignment of improved area of 77,001 square feet was made. Table 12 illustrates the assignment of square footage for parcels under this apportionment methodology in the Non-Residential Property Use Category. ------------_._--,-----------,------~~.~--------- -- Government Services Group, Inc, 17 Table 12 Parcel Apportionment Non-Residential Property Use Category . Non-Residential Number of Property Use Categories Square Feet Total Commercial 6,296,4 77 Total Industrial/Warehouse 4,057,826 Total Institutional 2,076,262 Total Nursing Home 568,054 Source: Palm Beach Co. Property Appraiser, (2008) COMPUTATION OF FIRE ASSESSMENT RATES Applying the parcel apportionment methodology, fire assessment rates were computed for each specified property use category. Based on the assessable costs of providing fire services, the number of fire calls apportioned to specific property categories and the number of billing units Within the specified property categories, Table 13 illustrates the preliminClry assessment rates after application of the assessment methodology based on 100 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 13 FY 2008-09 Preliminary Fire Assessment Rates (100% of Assessable Costs = $10,963,784 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $194.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0.10 Institutional $0.48 Nursing Home $1.07 *Estimated Gross Revenue: $10,963,784; Estimated Exempt Buy-down: $1,379,942; Estimated Net Revenue: $9.583,841 Table 14 iUustrates the preliminary assessment rates after application of the assessment methodology based on 75 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 14 FY 2008-09 Preliminary Fire Assessment Rates (75% of Assessable Costs,,,, $8,222,838 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $145.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.33 Industrial/Warehouse $0.07 Institutional $0.36 Nursing Home $0.80 *Estimated Gross Revenue: $8,222,838; Estimated Exempt Buy-down: $1.034,651; Estimated Net Revenue: $7,188.187 Table 15 illustrates the preliminary assessment rates after application of the assessment methodology based on 50 percent funding of the total assessable costs for Fiscal Year 2008-09. Government Services Group, Inc. I 18 Table 15 FY 2008-09 Preliminary Fire As_ssment Rates (50% of As_ssable Costs = $5,481,892 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $97.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.22 Industrial/Warehouse $0.05 Instituti ona I $0.24 Nursing Home $0.54 *Estimated Gross Revenue: $5.481.892; Estimated Exempt Buy-down: $690.499: Estimated Net Revenue: $4,791.393 Table 16 illustrates the preliminary assessment rates after application of the assessment methodology based on 25 percent funding of the total assessable costs for Fiscal Year 2008-09. Table 16 FY 2008-09 Preliminary Fire A.....ment Rates (25% of Assesseble Costs = $2,740,946 Gross Revenues) Residential Property Use Categories Rate Per Dwelling Unit Residential $49.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.11 Industrial/Warehouse $0.03 Institutional $0.12 Nursing Home $0.27 *Estimated Gross Revenue: $2,740.946; Estimated Exempt Buy-down: $346.065; Estimated Net Revenue: $2.394,881 EXEMPTIONS AND IMPACT OF EXEMPTIONS Because the fire assessment is being developed to meet the case law standards for a valid special assessment, any proposed exemptions require special scrutiny. The crafting of an exemption must be founded upon a legitimate public purpose, and not tramp on state or federal constitutional concepts of equal protection and constitutional prohibitions against establishment of religion or the use of the public treasury directly or indirectly to aid religious institutions. Furthermore, to ensure public acceptance, any exemption must make common sense and be fundamentally fair. Finally, the impact of any proposed exemption should be evaluated in terms of its magnitude and fiscal consequences on the City's general funds. Whenever crafting an exemption, it is important to understand that the fair apportionment element required by Florida case law prohibits the shifting of the fiscal costs of any special assessment from exempt landowners to other non-exempt landowners. In other words, the funding for an exemption from a special assessment must come from a legally available external revenue source, such as the City's general fund. Funding for fire assessment exemptions cannot come from the proceeds derived directly from the imposition of special assessments for fire services and facilities. Because any exemption must be funded by an external funding source, the grant of any exemption will not have any impact upon the fire assessment to be imposed upon any other non-exempt parcels. Whether or not the City decides to fund exemptions for fire assessments on property owned by non- governmental entities would be based upon a determination that such exemptions constituted a valid ----~---"---_._.- ...__.._~-~,--~-----_.~----------~._..-.__.-_._--_...."--~_.._-- Government Services Group. Inc 19 public purpose. The importance of special assessments on non-governmental, tax-exempt parcels has been addressed by the Florida Supreme Court in Sarasota County v. Sarasota Church of Christ. 667 So.2d 180 (Fla. 1995) (In reciting the facts of the case on appeal, the Court stated that the party challenging the assessment consisted of religious organizations or entities owning developed real property in Sarasota County [the Churches] that are exempt from ad valorem taxes but not from special assessments.) The funding of exemptions for non-governmentally owned institutional property wholly exempt from ad valorem taxes could be based on a finding that such properties provide facilities and uses to their ownership, occupants or membership, as well as the public in general, that otherwise might be required to be provided by the City. Such a finding would be the basis for a determination that such properties served a legitimate public purpose or provided a public benefit that merited the City's funding of an exemption from the fire assessment. In identifying an appropriate exemption scheme, the City should be cautious not to confuse the ownership of a parcel with the parcel's use. For example, a determination to exempt properties used for institutional purposes would have to be extended to similar institutional property owned by entities created for profit, as well as institutional property owned by non-profit or governmental entities. However, if the City wanted to make the policy decision to narrow the exemption to only institutional property owned by not-for-profit entities, it might consider adding a second test to the exemption which afforded exemptions to institutional properties which were wholly exempt from ad valorem taxes. Adding the tax- exempt criteria further narrows the exemption on a well-tested tax-exempt premise. Whether the City decides to charge governmental entities or fund exemptions on governmentally-owned property requires somewhat different considerations. First, a forced sale of government property is not available as an enforcement mechanism. The. c;harge to governmentally-owned parcels would be more akin to a service fee for each governmenfpar9rl'~ proportionate. benefit from the availability and provision of fire services by the City. The billing would bE3 direct, received by government buildings and facilities. Enforcement would be by judicial proceedillgs to require ... payment. As to each level of government, differing concepts of immunity and other statutory provisions or case law decisions may prevent collection or frustrate speCIal assessment imposition. State and federal laws contain a patchwork of provisions exempting certain governmental property owners from the payment of special assessments. For example, section 423.02, Florida Statutes, exempts certain housing projects from the payment of special assessments. This general law does provide that a housing authority may agree with a local government to make payments in lieu of taxes, but past experience is that such an agreement, if in existence at all, under-funds the impact of such properties on a City's fire assessable cost calculations. Accordingly, if the City chooses to exempt governmentally-owned property from the fire assessment and fund such costs from inter-local agreement with the affected government or from the City's general fund, it is important that the City take steps to set up a reasonable contingency within its general budget to fund the cost incurred in providing fire services to governmentally-owned properties. Based on fire incident data, Nursipg Home rates have been developed which reflect the moderately high call frequency for this land use category. Applying these rates to the relatively small number of nursing homes results in a higher aSsessment burden being placed upon these properties than other properties in the institutional category. The effect of these facilities providing a public service and assessing them at a rate which might constitute an undue hardship, require that the rates for this land use category be further analyzed. Based on future rate calculations, the City should review these rates by a comparison to other non-residential properties to ensure that they do not constitute an unfair burden. The City may determine that it is appropriate to cap the assessment charges to these facilities at the highest rate calculated for other institutional property uses of the same size and to pay the unfunded portion of the fire rescue assessment for such land use category from other available City revenues. Table 17 illustrates the estimated impact for Fiscal Year 2008-09 of the policy decision to exempt institutional, tax-exempt properties (including government properties) from the assessment program and Government Services Group, Inc. I 20 provide a cap for the assessment charges for nursing home properties based on 100 percent of the assessable costs. Table 17 Estimated Impact of Exemptions (FY 2008-09) (100% Funding) Financial Classification Amount Estimated Assessable Costs $10,963,784 Estimated Buy-down for Institutional Tax Exempt and ($1,379,942) Government Properties and Nursing Home Cap Inst. Tax Exempt ($460,507) Government ($589,265) Nursing Home ($330,170) Total Estimated Net Revenue $9,583,841 Table 18 illustrates the estimated impact for Fiscal Year 2008-09 of the policy decision to exempt institutional, tax-exempt properties (including government properties) from the assessment program and provide a cap for the assessment charges for nursing home properties based on 75,50 and 25 percent of the assessable costs. Table 18 Estimated Impact of Exemptions (FY 2008-09) (75, 50 Be 25% Funding) Financial Classification 75% 50% 25% Estimated Assessable Costs $8,222,838 $5,481,892 $2,740,946 Estimated Buy-down for Institutional Tax-Exempt and Governmental ($1,034,651) ($690,499) ($346,065) Estimated Buy-down for Institutional Tax-Exempt (345.309) (230,395) (115,197) Estimated Buy-down for Governmental (441,714) (295,019) (148,325) Estimated Buy-down for Nursing Homes (247,628) (165.085) (82,543) Estimated Revenue Generated $7.188,187 $4,791,393 $2,394,881 OUTSTANDING ISSUES EXEMPTION OF INSTITUTIONAL, TAX-EXEMPT PARCELS (NON-GOVERNMENTAL) The aggregate cost for the fire services that are available to institutional, wholly tax-exempt properties was estimated as part of the Institutional Property Use Category based on an analysis of each parcel's use. The fair apportionment concepts in the methodology provided within this Assessment Report require an identification of the calls for service to these properties and, therefore, their respective costs. In the event that a policy decision is made to exempt institutional, tax-exempt property, the proportional assessed costs allocated to such exemptions must be funded from other legally available sources because the financial burden of such exemption cannot be apportioned to non-exempt parcels. With any exemption, care should be taken to craft and ensure a non-discriminatory exemption class based upon valid public purpose concepts. EXEMPTION OF GOVERNMENTAL PARCELS In addition to the institutional, wholly tax-exempt properties, the aggregate cost for fire services provided to schools and governmental properties (municipalities, county, state, federal and any sovereign state or -. ____~__,____""_~__. .._n______.__.________._ ___________.__.___.__._______._,___~__._.____ '. . ,--.-------- Government Services Group, Inc. i 21 nation) was also estimated as part of the Institutional Property Use Category based on an analysis of each parcel's use. The fair apportionment concepts in the methodology provided within this Assessment Report require an identification of the calls for service to these properties and, therefore, their respective costs. In the event that a policy decision is made to exempt governmental property, the proportional assessed costs allocated to such exemptions must be funded from other legally available sources because the financial burden of such exemption cannot be apportioned to non-exempt parcels. COLLECTION OF ASSESSMENTS FROM GOVERNMENTAL PROPERTY A special assessment can be imposed against governmental property to pay for the benefits that such property receives. However, as to each level of government, differing concepts of immunity and other statutory provisions or case law may prevent collection or frustrate special assessment imposition. In addition, Florida case law is clear that the payment of such assessments cannot be enforced by a lien against the public property. Rather, the enforcement remedy would be a judicial action to compel payment. A collateral issue in enforcing payment is the legislative authorization of the public agency to pay the charge or special assessment imposed. Thus, the law establishing the expenditure authority of the specific governmental or public agency or its appropriation discretion must be examined to determine whether the governmental unit has the authority to pay a charge or assessment for fire rescue services provided by the City. From a collection standpoint, each governmental unit should be sent a separate bill and no attempt should be made to collect the special assessment using the Uniform Method. ASSESSMENT OF NURSING HOME PROPERTY Based on fire incident data, Nursing Home rates have been developed which reflect the moderately high call frequency for this land use c9tegory. Applying these rates to the relatively small number of nursing homes results in a higher assessment burden being placed upon these properties than other properties in the institutional category. The effect of these facilities providing a public service and assessing them at a rate which might constitute an undue hardship, require that the rates for this land use category be further analyzed. Based on future rate calculations, the City should review these rates by a comparison to other non-residential properties to ensure that they do not constitute an unfair burden. The City may determine that it is appropriate to cap the assessment charges to these facilities at the highest rate calculated for other institutional property uses of the same size and to pay the unfunded portion of the fire rescue assessment for such land use category from other available City revenues. Approximately $330,170 would be required from the City's general fund or other legally available source to assess nursing home properties at the institutional rates, based on funding 100% of the assessable costs. Further verification of this data, and refinement of rates based on City direction will take place during the implementation phase of the assessment process. EXEM PTION CALCU LATIONS GSG utilized the most current data to identify institutional, tax-exempt and governmental parcels within the City in order to calculate the aggregate cost ('buy down') of these parcels. In addition, best efforts were made by GSG to reconcile any differences necessary to calculate the estimated buy down for these two exemption categories. Missing or incorrect property data could affect the estimated aggregate costs. ADMINISTRATIVE FACTOR CALCULATION The administrative factor calculation was based on information provided by the City for typical staffing levels. Any changes to the staffing levels could result in a revised administrative factor which could increase or lower the amount of assessable costs to be collected. Government Services Group, Inc. I 22 NON-SPECIFIC CALLS In the fire call analysis, certain fire related calls were classified as non-property specific, because of the location of occurrence in the incident report. These calls represent non-specific incidents that either could not be correlated to a specific parcel or involved auto accidents or other types of incidents along roads and highways. These calls are excluded from the analysis that determines the percentage of calls for service to respective property types and therefore, are not considered in the determination of the extent of budget required to fund the department. Because the budget is established based on the ability of the department to adequately protect structures, no adjustment has been made to the budget due to non-property specific calls. Further, even if such calls did affect the cost of the department's operations, there are sufficient non-assessment revenues available to offset any impact upon the budget. -,_._"--------~---- "--~--~_.._----~-_._------_.-----------_.._-_..._-- Government Services Group, Inc. I 23 Implementatilln - Phase II TAX BILL FISCAL YEAR 2008-09 AND THEREAFTER The following section describes all of the steps required to implement and collect the Fire Assessment on the ad valorem tax bill in Fiscal Year 2008-09 and thereafter. Following this section is a critical events schedule identifying specific dates for all significant remaining events for the City to comply with those expected to be prescribed by the City's proposed home rule ordinance authorizing the imposition of the annual Fire Assessments. Assuming the City decides to proceed, a draft home rule ordinance will be provided that will outline the procedural steps and notifications required to impose a recurring annual Fire Assessment using the tax bill collection method. To use the tax bill collection process, a local government must follow the strict procedures provided in section 197.3632, Florida Statutes (Uniform Method). A local government must initiate the process almost a year before it intends to begin using the Uniform Method to collect the assessments. The process begins with the passage of a resolution of intent priorto January lor, if the property appraiser, tax collector, and local government agree, March 1. The adoption of a resolution of intent does not obligate the local government to use the method Qr to impose a special assessment, but it is a prerequisite to using the Uniform Method. The local government must publish notice of its intent to consider a resolution to use the Uniform Method weekly for four consecutive weeks prior to a public hearing on the matter. If the resolution is adopted, the governing board must send a copy of it to the property appraiser, the tax collector, and the Florida Department of Revenue by January 10 or, if the property appraiser, tax collector, and local government agree, March 10. The City must comply with this requirement by adopting a resolution of intent and timely notifying the Palm Beach County Property Appraiser, the Palm Beach County Tax Collector and the Florida Department of Revenue. The City completed this requirement by adopting a resolution of intent on February 5, 2008. Under section 197.3632, Florida Statutes, property appraisers must annually provide certain information to local governments by June 1 to assist the local government in the preparation of special assessment rolls to be collected under the Uniform Method. Assuming the City decides to proceed, a draft home rule ordinance will be provided that will outline the procedural steps and notification required to impose a recurring annual fire assessment using the tax bill collection method. Pursuant to the Home Rule Ordinance, an initial assessment resolution to be adopted by the City will be required. Such initial assessment resolution should, among other things, briefly describe the Fire Assessment Program, the method of apportionment, set a public hearing date for final consideration, and direct and authorize the mailed and published notifications to those property owners included on an initial assessment roll. Upon adoption of the initial assessment resolution, the City will have made the tentative decision to move forward with the imposition of special assessments to fund the fire assessable cost calculations. After adopting the necessary implementing documentation, the local government must develop a computerized, non-ad valorem assessment roll that contains the basis and rate of the assessment and electronically applies it to each building subject to the assessment. The non-ad valorem assessment roll must utilize the parcel identification number and property use code classifications maintained by the property appraiser and be compatible with the ad valorem tax roll. Government Services Group, Inc. I 24 Statutory requirements to use the tax bill collection method provide that a service assessment roll must be adopted at a public hearing between January 1 and September 15 so the tax collector can merge it with the ad valorem tax roll and mail a single bill for the combined collection of assessments and ad valorem taxes. At least 20 days prior to the public hearing, a local government must publish notice of the hearing in a newspaper of general circulation within the government's boundaries and by individual first class United States mail to the owners of property subject to the assessment. The mailed notice can either be a separate notice or the City may have the option to use the Truth-In-Millage (TRIM) notice to notify property owners of their respective fire assessment amount. The use of TRIM is dependent upon the agreement of the property appraiser. Should the City obtain the permission of the Palm Beach County Property Appraiser, notification of the assessment amounts for Fiscal Year 2008-09 may be accomplished using the TRIM notice. If the City expects to employ the use of the TRIM notice, it is imperative to begin coordinating with the property appraiser early in the calendar year. At the public hearing, the City will adopt a final assessment resolution, which, among other things, will confirm the initial assessment resolution, articulate the rate of assessments, approve the assessment roll, and direct and authorize the method of collection. Once the final assessment resolution is adopted and the roll certified on September 15 to the Palm Beach County Tax Collector to be collected along with ad valorem taxes, any minor modifications, corrections or errors must be made in accordance with the procedure applicable to the correction of errors on the tax roll, upon written direction from the City to the Palm Beach County Tax Collector. Collection of the special assessments and ad valorem taxes begins in November. Failure to pay the assessments and taxes results in the issuance of a tax certificate and may result in the sale of a tax deed. IMPLEMENTATION SCHEDULE Outlined in Table 19 is a critical events schedule identifying specific dates for all significant remaining events for the City to implement the fire assessment program and collect the assessments using the tax bill collection method for Fiscal Year 2008-09. Table 19 Critical Events Schedule Event Date City has first reading of Ordinance June 17. 2008 City Advertises Ordinance By June 20, 2008 City adopts Ordinance (2nd reading) July 1, 2008 City adopts Initial Assessment Resolution July 1, 2008 City Publishes Notice of Public Hearing to Adopt Final Assessment Resolution August 21, 2008 Mail First Class Notice to Affected Parcel Owners/TRIM August 21,2008 Public Hearing to Adopt Final Assessment Resolution September 11, 2008 Certify Assessment Roll to Tax Collector By September 15, 2008 -~-~-_.."-----_._~.....---- -----_.,---~-----~_._---~----_.._._._- Government Services Group, Inc. l :~5 Appendix A SITUATION FOUND CODES & DESCRIPTIONS Situation Found Description EMS Type Call 100 Fire, Other N 111 Building Fire N 112 Fires in structures other than in a building N 113 Cooking fire, confined to a container N 116 Fuel burner/boiler malfunction, fire confined N 118 Trash or rubbish fire, contained N 130 Mobile property (vehicle) fire, other N 131 Passenger vehicle fire N 132 Road freight or transport vehicle fire N 134 Water vehicle fire N 137 Camper or RV fire N 140 Natural vegetation fire N 141 Forest, woods or wildland fire N 142 Brush, or brush and grass mixture fire N 143 Grass fi re N 150 Outside rubbish fire, other N 151 Outside rubbish, trash or waste fire N 154 Dumpster or other outside trash receptacle fire N 160 Special outside fire, other r~ 162 Outside equipment fire N 173 Cultivated trees or nursery stock fire N 200 Overpressure rupture, explosion, overheat, other N 220 Overpressure rupture from air or gas, other N 251 Excessive heat, scorch burns with no ignition N 300 Rescue, EMS call, other y 300N Rescue, EMS call, other, NON-SPECIFIC FPU y 311 Medical assist, assist EMS crew y 32 Emergency medical call y 321 EMS call, excluding vehicle accident with injury y 322 Vehicle accident with injuries y 323 Motor vehicle/pedestrian accident (MV Ped) y 324 Motor Vehicle Accident, No Injuries y 331 Lock-in (if lock out, use 511) N 341 Search for person on land N 351 Extrication of victim(s) from building,lstructure N 353 Removal of victim(s) from stalled elevator N 381 Rescue or EMS standby y 400 Hazardous condition, other N 410 Flammable gas or liquid condition, other N 411 Gasoline or other flammable iiquid spill N 412 Gas leak N 413 Oil or other combustible liquid spill N 440 Electrical wiring,lequipment problem, other N 441 Heat from short circuit (wiring). defective/worn N 442 Overheated motor N 443 Light ballast breakdown N 444 Power line down N 445 Arcing, shorted electrical equipment N 460 Accident, potential accident, other N 463 Vehicle accident, general cleanup N 480 Attempted burning, illegal action, other N 500 Service call, other N 510 Person in distress, other N 511 Lock-out N 512 Ring or jewelry removal N 520 Water problem, other N 522 Water or steam leak N ----~~--~~.~-~._._-----~-'-_._------- ---~._-----~._---"--"- Government Services GrouP. Inc. I t, J Situation Found Description EMS Type Call 531 Smoke or odor removal N 540 Animal problem, other N 542 Animal rescue N 550 Public service assistance, other N 551 Assist police or other governmental agency N 552 Police matter N 553 Public service N 554 Assist invalid Y 555 Defective elevator N 561 Unauthorized burning N 571 Cover assignment, standby, moveup N 600 Good intent call, other N 611 Dispatched & canceled en route N 621 Wrong location N 622 No incident found upon arrival N 641 Vicinity alarm (incident in other location) N 650 Steam, other gas mistaken for smoke, other N 651 Smoke scare, odor of smoke N 652 Steam, vapor, fog or dust thought to be smoke N 653 Barbecue, tar kettle N 661 EMS call, party transported by non-fire agency Y 671 Hazmat release investigation wino hazmat N 700 False alarm or false call, other N 710 Malicious, mischievous false call, other N 711 Municipal alarm system, maliciOus false alarm N 712 Direct tie to FD, malicious/false alarm N 713 Telephone, malicious false alarm N 714 Central station, malicious false alarm N 715 Local alarm system, malicious false alarm N 721 Bomb scare - no bomb N 730 System malfunction N 731 Sprinkler activation due to malfunction N 733 Smoke detector activation due to malfunction N 734 Heat detector activation due to malfunction N 735 Alarm system sounded due to malfunction N 740 Unintentional transmission of alarm, other N 741 Sprinkler activation, no fire - unintentional N 742 Extinguishing system activation N 743 Smoke detector activation, no fire - unintentional N 744 Detector activation, no fire - unintentional N 745 Alarm system sounded, no fire - unintentional N 746 Carbon monoxide detector activation, no CO N 813 Wind storm, tornado/hurricane assessment N 814 Lightning strike (no fire) N 900 Special type of incident, other, Dumpster fire N 911 Citizen complaint N Government Services Group, Inc. I A-2 Appendix B FIXED PROPERTY USE CODES & DESCRIPTIONS Fixed Property Use Description Category Assigned 000 FIXED PROP USE UNDETERMINED NON-SPECIFIC 100 UNKNOWN OTHER NON-SPECIFIC 110 FIXED USE RECREATION, OTHER COMMERCIAL 111 BOWLING ESTABLISHMENT COMMERCIAL 113 AMUSEMENT CENTER COMMERCIAL 116 SWIMMING FACILlIY COMMERCIAL 120 VARIABLE USE AMUSEMENT/RECREATION COMMERCIAL 121 BALLROOM,GYMNASIUM COMMERCIAL 122 EXHIBITION HALL COMMERCIAL 123 ARENA/STADIUM COMMERCIAL 124 PLAYGROUND COMMERCIAL 129 AMUSEMENT CENTER INDOOR/OUTDOOR COMMERCIAL 130 PLACES OF WORSHIP,CHURCH,FUNERAl PARLOR INSTITUTIONAL 131 CHURCH/CHAPEL INSTITUTIONAL 134 FUNERAL PARLOR/CHAPEL INSTITUTIONAL 140 CLUBS, OTHER COMMERCIAL 141 ATHLETIC CLUB/YMCA COMMERCIAL 142 CLUB HOUSE COMMERCIAL 144 CASINO, GAMBLING CLUBS COMMERCIAL 150 PUBLIC, GOVT, OTHER INSTITUTIONAL 151 LIBRARY INSTITUTIONAL 160 EATING/DRINKING PLACES COMMERCIAL 161 RESTAURANT COMMERCIAL 162 NIGHTCLUB COMMERCIAL 170 TERMINALS OTHER COMMERCIAL 173 BUS TERMINAL COMMERCIAL 181 PERFORMANCE THEATER COMMERCIAL 183 MOVIE THEATER COMMERCIAL 200 EDUCATIONAL PROPERlY OTHER INSTITUTIONAL 210 SCHOOLS NON-ADULT OTHER INSTITUTIONAL 211 PRE-SCHOOL INSTITUTIONAL 213 ELEMENTARY SCHOOL INSTITUTIONAL 215 HIGH SCHOOL/JR HIGH/MIDDLE SCHOOL INSTITUTIONAL 241 COLLEGE/UNIVERSIIY INSTITUTIONAL 254 DAY CARE-IN COMMERCIAL PROPERlY COMMERCIAL 255 DAY CARE-IN RESIDENCE-LICENSED COMMERCIAL 300 HEALTHCARE/DETENTION OTHER INSTITUTIONAL 311 CARE OF THE AGED/NURSING STAFF NURSING HOMES 321 MENTAL RETARDATION/DEVELOPMENT DISABILlIY FACILlIY INSTITUTIONAL 322 ALCOHOL/SUBSTANCE ABUSE RECOVERY CENTER INSTITUTIONAL 323 ASYLUM/MENTAL INSTITUTION INSTITUTIONAL 331 H OSPIT AL -M ED ICAL/PSYCH IA TR IC INSTITUTIONAL 340 CLINICS, OTHER INSTITUTIONAL 341 CLINIC, CLlNIC-IYPE INFIRMARY INSTITUTIONAL 342 DOCTOR/DENTIST/SURGEONS OFFICE COMMERCIAL 343 HEMODIALYSIS UNIT INSTITUTIONAL 361 JAIL/PRISON - NOT JUVENilE INSTITUTIONAL 365 POLICE STATION INSTITUTIONAL 400 RESIDENTIAL OTHER RESIDENTIAL 4191 ONE-FAMILY DWELLING RESIDENTIAL 4192 TWO-FAMILY DWELLING RESIDEDNTIAL Government Services Group, Inc. I B-1 Fixed Property Use Description Category Assigned 429 MULTI-FAMILY DWELLINGS RESIDENTIAL 439 ROOMING, BOARDING, RESIDENTIAL HOTELS RESIDENTIAL 449 HOTELS, MOTELS, INNS, LODGES COMMERCIAL 459 RESIDENTIAL BOARD AND CARE NURSING HOMES 460 DORMITORIES OTHER INSTITUTIONAL 500 MERCANTILE PROPERTIES OTHER COMMERCIAL 511 CONVENIENCE STORE COMMERCIAL 519 FOOD, BEVERAGE SALES, GROCERY STORE COMMERCIAL 529 TEXTILE, WEARING APPAREL SALES COMMERCIAL 539 HOUSEHOLD GOODS SALES, REPAIRS COMMERCIAL 549 SPECIALTY SHOPS COMMERCIAL 557 BARBER, BEAUTY SHOP, PERSONAL SERVICES COMMERCIAL 559 RECREATIONAL, HOBBY,HOME SALES, PET STORE COMMERCIAL 564 SELF-SERVICE LAUNDRY/DRY CLEANING COMMERCIAL 569 PROFESSIONAL SUPPLIES COMMERCIAL 571 SERVICE STATION COMMERCIAL 579 MOTOR VEHICLE, BOAT SALES/SERVICE/REPAIRS COMMERCIAL 580 GENERAL ITEM STORES, OTHER COMMERCIAL 581 DEPARTMENT STORE COMMERCIAL 592 BANK W/FIRST STORY BANKING FACILITY COMMERCIAL 593 MEDICAL, RESEARCH, SCIENTIFIC OFFICE COMMERCIAL 596 POST OFFICE OR MAILING FORMS INSTITUTIONAL 599 BUSINESS OFFICES COMMERCIAL 600 BASIC INDUSTRY, UTILITY, DEFENSE OTHER INDUSTRIAL/WAREHOUSE 629 LABORATORIES INDUSTRIAL/WAREHOUSE 639 COMMUNICATIONS CENTER INDUSTRIAL/WAREHOUSE 642 ELECTRIC TRANSMISSION DISTIB. SYSTEM INDUSTRIAL/WAREHOUSE 644 GAS DISTRIBUTION SYSTEM, PIPELINE INDUSTRIAL/WAREHOUSE 647 WATER UTILITY INDUSTRIAL/WAREHOUSE 648 SANITARY SERVICE INDUSTRIAL/WAREHOUSE 700 MANUFACTURING PROPERTY, PROCESSING INDUSTRIAL/WAREHOUSE 800 STORAGE PROPERTY OTHER INDUSTRIAL/WAREHOUSE 880 VEHICLE STORAGE; OTHER INDUSTRIAL/WAREHOUSE 882 GENERAL VEHICLE PARKING GARAGE INDUSTRIAL/WAREHOUSE 888 FIRE STATIONS INSTITUTIONAL 891 GENERAL WAREHOUSE INDUSTRIAL/WAREHOUSE 899 RESIDENTIAL OR SELF STORAGE UNITS INDUSTRIAL/WAREHOUSE 900 OUTSIDE, SPECIAL PROPERTIES; OTHER NON-SPECIFIC 919 DUMP SANITARY LANDFILL NON-SPECIFIC 921 BRIDGE, TRESTLE NON-SPECIFIC 926 OUTBUILDING, EXCLUDING GARAGE NON-SPECIFIC 931 OPEN LAND, FIELD NOT USED 935 CAMPSITE WITH UTILITIES COMMERCIAL 936 VACANT LOT NOT USED 937 BEACH NON-SPECIFIC 938 GRADED AND CARED FOR PLOTS OF LAND NOT USED 940 WATER AREAS, OTHER NON-SPECIFIC 941 IN OPEN SEA, TIDAL WATERS NON-SPECIFIC 946 LAKE/RIVER/STREAM NON-SPECIFIC 951 RAILROAD RIGHT OF WAY NON-SPECIFIC 952 SWITCH YARD, MARSHALLING YARD NON-SPECIFIC ~-_..._---_._._--~----_._.._----_._,~~---_._----~------.--------. Government Services Group, Inc. 82 Fixed Property Use Description Category Assigned 960 STREET, OTHER NON-SPECIFIC 961 DIVIDED HIGHWAY, HIGHWAY NON-SPECIFIC 962 PAVED PUBLIC STREET, RESIDENTIAL NON-SPECIFIC 963 PAVED PRIVATE STREET, COMMERCIAL NON-SPECIFIC 965 UNCOVERED PARKING AREA NON-SPECIFIC 981 CONSTRUCTION SITE NON-SPECIFIC 983 PIPELINE, POWER LINE RIGHT OF WAY NON-SPECIFIC 984 INDUSTRIAL PLANT YARD INDUSTRIAL/WAREHOUSE UUU UNDETERMINED NON-SPECIFIC Government Services Group, Inc. I B-3 Appendix C DEPARTMENT OF REVENUE PROPERTY USE CODES & DESCRIPTIONS DOR Dor Desc 0000 VACANT 0100 SINGLE FAMILY 0200 MOBILE HOME 0210 TANGIBLE MOBILE HOME 0300 MULTIFAMILY 0304 MULTIFAMILY CONDO CONVERSION 0400 CONDOMINIUM 0410 TOWNHOUSEjVlLLA 0420 TIMESHARE 0430 ZERO LOT LINE 0450 SFR-C 0460 CONDO COMMERCIAL 0469 COMMERCIAL CONDO 0500 MHT COOP 0510 COOPERATIVE 0600 RETIREMENT 0620 LIFE CARE HX 0700 MISC RESIDENCE SFR 0800 MUL TIFAMIL Y < 10 UNITS 1000 VACANT COMMERCIAL 1100 STORES 1200 STORE/OFFICE/R ESI DENTIAL 1300 DEPARTMENT STORE 1400 SUPERMARKET/DRUG STORE 1500 SHOPPING CENTER REGIONAL 1600 SHOPPING CENTER CMM1TY 1700 OFFICE ONE STORY 1800 OFFICE MULTISTORY 1900 PROF OFFICES 2000 AIRPORT/MARINA 2100 RESTAURANT 2200 RESTAURANT, DRIVE IN 2300 FINANCIAL 2400 INSURANCE 2500 SERVICE SHOPS 2600 SERVICE STATION 2700 AUTO SALES 2800 PKG L T / MH PK 2900 WHOLESALER 3000 FLORIST 3100 DRV-IN THEATER 3200 THTR/AUD/CLBHS 3300 NIGHT CLUBS 3400 BOWLING ALLEY 3500 TOURIST ATTRAC 3600 CAMPS 3700 RACETRACK 3800 GOLF COURSE 3900 MOTEL 4000 VACANT INDUSTRIAL 4100 LIGHT MFG Government Services Group, Inc. I C-l DOR Dor Desc 4200 HEAW MFG 4300 LUMBER YARD/MILL 4400 PACKING 4500 BOTTLER 4600 FOOD PROCESSING 4700 MIN PROCESSING 4800 WAREH/DIST TERM 4900 OPEN STORAGE 5000 IMPROVED ARGI 5100 CROP SOIL CLASS 1 5200 CROP SOIL CLASS 2 5300 CROP SOIL CLASS 3 5400 TIMBER SI 90+ 5500 TIMBER SI 80-89 5600 TIMBER SI 70-79 5700 TIMBER SI 60-69 5800 TIMBER SI 50-59 5900 TIMBER NOT CLASSED 6000 GRAGSOIL CLASS 1 6100 GRZGSOIL CLASS2 6200 GRZGSOIL CLASS3 6300 GRZGSOIL CLASS4 6400 GRZGSOIL CLASS5 6500 GRZGSOIL CLASS6 6600 ORCHARD GROVES 6700 POUL/BEES/FISH 6800 EQUESTRIAN 6900 ORN/MISC AGRI 7000 VACANT INSTIT 7100 RELIGIOUS 7200 PRV SCHLjCOLL 7300 PRV HOSPITAL 7400 NURSING HOME 7500 ORPHNG/NON-PROF 7600 MORT/CEMETERY 7700 CLB/LDG/UN HALL 7800 SANIj REST HOME 7900 CULTURAL 8000 DISTRICTS 8100 MILITARY 8200 FOREST/PK/REC 8300 PUB CTY SCHOOL 8400 COLLEGE 8500 HOSPITAL 8600 CITY INC NONMUNI 8700 STATE 8800 FEDERAL 8900 MUNICIPAL 9000 LEASEHOLDINT 9100 UTILITY 9200 MING/PETRO/GASLND ~_.__._-~~_._..._._-_.~--_._-~----_._--_._-----_.~-- _._- Government Services Group, Inc. r; 2 DOR Dor Desc 9300 SUBSURF RIGHTS 9400 R/W - BUFFER 9500 RIVER/LAKES 9600 SEWG/WASTE LAND 9700 OUTDR REC/PARK LAND 9800 CENTRALLY ASSESSED 9900 NON AG 9999 EXEMPT Government Services Group, Inc. I C-3 Appendix 0 PALM BEACH COUNTY PROPERTY APPRAISER BUILDING IMPROVEMENT CODES & USE DESCRIPTIONS BUC BUC Description Category Name 00 GSG - VACANT/BLDG RAZED Not Used 0000 CONDO ONLY LAND Not Used 0100 SFR Residential 0200 SFT-MFG Residential 0300 SFR-ZERO LOT LINE Residential 0400 CONDO Residential 0410 TOWNHOUSE Residential 0420 TIMESHARE Residential 0430 ZERO LOT LINE Residential 0440 TWNHS-VILLA Residential 0450 SFR-C Residential 0460 CONDO COMM Commercial 0460D DOCK CONDOMINIUM Not Used 0500 EXC-ZERO LOT Not Used 0510 CO-OP Residential 060 EFFICIENCY APT Residential 0600 RENTAL UNIT Residential 0700 EXC TWHSE/VILLA Residential 0800 MOBILE HOME Residential 0900 EXC-RESIDENT Residential 0909 EXC-LUX.RES Residential 1000 CONDO L.RISE Residential 170 DORMITORY Institutional 210 APARTMENTS Residential 220 APARTMENTS LOW RISE Residential 2200 MFR LOW RISE ReSidential 230 APARTMENTS HIGH RISE Residential 240 APARTMENTS - TO Residential 2500 MFR ROW HOUSE Residential 260 APARTMENTS - SENIOR Residential 2700 DUPLEX Residential 2800 TRIPLEX Residential 2900 QUADRAPLEX Residential 301 SFR CONVERT TO COMM Commercial 340 COMMERCIAL MIXED Not Used 350 RETAIL SINGLE OCC Commercial 351 DRUG STORE FREE Commercial 360 DISCOUNT DEPT S Commercial 362 VETERINARY CLlN Commercial 364 HOME IMPROVEMEN Commercial 365 FURNITURE STORE Commercial 370 DEPARTMENT STORE Commercial 371 DOWNTOWN ROW TY Commercial 374 RETAIL MULTI OCC Commercial 380 STRIP SHOPPING Commercial 390 COMM SHOPPING CTR Commercial 400 REGIONAL SHPMAL Commercial 410 SUPER REG SHOPM Commercial 420 SUPERMARKET Commercial 430 CONVENIENCE FOOD Commercial 440 HOTEL/MOTEL BUS Commercial Government Services Group, Inc. I Dl BUC BUC Description Category Name 450 RESORT HOTEL Commercial 460 HOTEL/MOTEL LO Commercial 470 HOTEL- HI RISE Commercial 490 OFFICE BLDG L/R Commercial 500 OFFICE H-R 5ST Commercial 520 MEDICAL OFFICE Commercial 530 HOSPITALS Institutional 540 NURSING HOME Nursing Homes 550 BAR/TAVERN Commercial 551 COCKTAIL LOUNGE Commercial 560 RESTAURANT Commercial 570 FRANCHISE FOOD Commercial 580 BOWLING ALLEY Commercial 582 SKATING RINK Commercial 583 HEALTH CLUB Commercial 587 COUNTRY CLUB Commercial 588 PRIVATE CLUB Commercial 589 COUNTRY CLUB/W Commercial 590 ARENA Commercial 591 GYMNASIUM Commercial 593 DOG/HORSE TRACK Commercial 600 AUDITORIUM Commercial 610 CINEMAjTHEATER Commercial 614 RADIO/lV/ PIC S Commercial 620 BANK/MAIN OFFIC Commercial 630 NEIGHBORHOOD BA Commercial 640 SERVICE STATION Commercial 641 SERVICE STATION Commercial 650 CAR WASH - AUTO Commercial 651 CAR WASH - MANU Commercial 652 CAR WASH SERVIC Commercial 660 AUTO SERVICE GA Commercial 662 KWIK LUBE Commercial 665 GARAGE STORAGE Industrial/Warehouse 670 OFFICE/WAREHOUS Not Used 680 FUNERAL HOME Institutional 690 CLUBHOUSE Institutional 691 SOCIAL/FRATERNAL Institutional 695 GUARDHOUSE Commercial 700 COLD STORAGE Industrial/Warehouse 710 RAIL/BUS/AIR TE Commercial 712 TELECOMMUNICATI Commercial 720 PARKING GARAGE Industrial/Warehouse 721 RADIO/lV TRANSM Not Used 730 DAY CARE CENTER Commercial 750 AUTO DEALER/F-S Commercial 800 LIGHT MANUFACTURING Industrial/Warehouse 810 HEAW MANUFACTURING Industrial/Warehouse 820 WAREHOUSE DISTR I nd ustrial/Warehouse 830 MINI WAREHOUSE Industrial/Warehouse 840 WAREHOUSE STORAGE Industrial/Warehouse ~ ~---~_."'-'--'--'--- _.-----_._._._--,------,._._.----------~- Government Services Group. Inc. I D-2 BUC BUC Description Category Name 841 WAREHOUSE SINGLE Industrial/Warehouse 850 HANGAR Commercial 860 BARNS Not Used 861 RESIDENTIAL BARN Not Used 870 PREFAB WAREHOUSE Industrial/Warehouse 880 TECHNICAL MANUF Industrial/Warehouse 900 SCHOOL Institutional 901 COLLEGES / UNIV Institutional 910 RELIGIOUS Institutional 912 LIBRARY Institutional 920 EDUCATION/RELlG Institutional 930 GOVERNMENTAL Institutional 950 POLICE/FIRE STN Institutional 960 CORRECTIONAL Institutional 970 CULTURAL FACILITY Institutional MHPK GSG - MOBILE HOME PARK Residential Government Services Group. Inc. I D-3 ~ E 0 .~ ~ 0) . S E () rJ:J (j) ~ rJ:J rJ:J ~ 0) (j) r-. rJ:J ~ ~ rJ:J ~ ~ < E 0 (j) ~ .~ d ~ 0 .~ ~ ~ 00 rJ:J 0 0 0) ,..q (j) N () ~ "" U 0 .~ cd N C 0 ~ 0) ~ ro 0) ~ ~ r:/) ~ ~ 0 E 0 .~ E rJ:J 0) rJ:J ~ ~ .~ ~ 0 ~ 0) ;> ~ 0 0 0 u d ~ ~ ~ .~ ~ U .~ U I:.Q. c>_""",,_~,.~_,,.._~ ~ ~"""--- ._~--_.. 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Q.) .08 .", +-", ' '00 +-' > 0 +-' ' CI)". 4~;'? )~'i"~ Q.) ::J CI) lo- E Q) "'0 "'0 0 a..CI) u::: 0""';" .a- (,) <( CO Q.) .-1~1; Hi:....... .~ ~ ~ ~ ~CI) .o',! >"1:: 0 C3 .- CI) ,.,~~1i.,,'~., z () (.) (.)<( c..c I:':] .r::. +-' ~ .- ~ "'C Q) Q) (.) o ~ Q. o +-' ~ C/) I: ~ o .8 -- Q) .. (.) U +:i ~ .0(.) Z 00 = .. 0 0 -- ~ .~ Q. ~ Q "'C 0 CC C ::J .- ~ C 0 Q) 00 ......... > I- Q) . - - 00 ~ 0 (.) "5.::J- ~ ~ C:: Q) 00 E "'C ~ ., 00 Q) Q) Q) -- ~ CO +-' Q) .r::. .r::. -0 .~.r::. CC >< (.) +-' () a.. c:: u.J C/) 0 ~ . .... Government Services Group, Inc. Boynton Beach Fire Assessment FY 2008-09 Rate Scenarios - Boynton Beach Fire Assessment CURRENT RATES - FY 2007-08 FY 2007.08 Adopted Rates - $3,027,215.00 Gross Revenue RESIDENTIAL PROPERTY USE Rate Per CATEGORIES Dwelling Unit Single Family Residential $70 Multi-Family Residential $42 NON-RESIDENTIAL PROPERTY USE Building Classification (In Industrial! Nursing CATEGORIES square foot ranges) Commercial Warehouse I nstltutlona I Homes ~ 1,999 $ 126 $ 35 $ 198 $ 198 2,000 - 3.499 $ 252 $ 69 $ 396 $ 396 3,500 - 4.999 $ 441 $ 121 $ 693 $ 693 5,000 - 9.999 $ 629 $ 173 $ 990 $ 990 10,000 - 19.999 $ 1.259 $ 347 $ 1,980 $ 1,980 20,000 - 29,999 $ 2.518 $ 693 $ 3,960 $ 3,960 30,000 - 39.999 $ 3,777 $ 1,040 $ 5.940 $ 5,940 40,000 - 49,999 $ 5,036 $ 1,386 $ 7,921 $ 7,921 Z. 50,000 $ 6,295 $ 1,733 $ 9.901 $ 9,901 FY 2008-09 RATE SCENARIOS FY 2008-09 - 100% Rates. $10,963,784 Gross Revenue Residential Property Use Categories Rate Per Dwelling Unit Residential $194.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.43 Industrial/Warehouse $0.10 Institutional $0.48 Nursing Home $1.07 Total Estimated Gross Revenue $10,963,784 Total Estimated Exempt Buy-down ($1,379,942) Inst. Tax Exempt ($460.507) Government ($589,265) Nursing Home ($330.170) Total Estimated Net Revenue $9,583,841 1 May 9, 2008 FY 2008-09 - 75% Rates - $8,222,838 Gross Revenue Residential Property Use Categories Rate Per Dwelling Unit Residential $145.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.33 Industrial/Warehouse $0.07 Institutional $0.36 Nursing Home $0.80 Total Estimated Gross Revenue $8,222,838 Total Estimated Exempt Buy-down $1,034,651 Inst. Tax Exempt (345,309) Government (441,714) Nursing Home (247,628) Total Estimated Net Revenue $7,188,187 FY 2008-09 - 50% Rates. $5,481,892 Gross Revenue Residential Property Use Categories Rate Per Dwelling Unit Residential $97.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.22 Industrial/Warehouse $0.05 Institutional $0.24 Nursing Home $0.54 Total Estimated Gross Revenue $5,481,892 Total Estimated Exempt Buy-down ($690,499) Inst. Tax Exempt (230,395) Government (295.019) Nursing Home (165,085) Total Estimated Net Revenue $4,791,393 ,., L May 9, 2008 FY 2008-09 - 40% Rates - $4,385,514 Residential Property Use Categories Rate Per Dwelling Unit Residential $78.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.18 Industrial/Warehouse $0.04 Institutional $0.19 Nursing Home $0.43 Total Estimated Gross Revenue $4,385,514 Total Estimated Exempt Buy-down ($549,893) Inst. Tax Exempt (182,467) Government (234,222) Nursing Home (133,204) Total Estimated Net Revenue $3,835,620 FY 2008-09 - 35% Rates - $3,837,324 Gross Revenue Residential Property Use Categories Rate Per Dwelling Unit Residential $68.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.15 Industrial/Warehouse $0.04 Institutional $0.17 Nursing Home $0.38 Total Estimated Gross Revenue $3,837,324 Total Estimated Exempt Buy-down ($486,671) Inst. Tax Exempt (163,126) Government (209,121) Nursing Home (114,424) Total Estimated Net Revenue $3,350,654 3 May 9. 2008 FY 2008-09 - 30% Rates - $3,289,135 Gross Revenue Residential Property Use Categories Rate Per Dwelling Unit Residential $58.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.13 Industrial/Warehouse $0.03 Institutional $0.15 Nursing Home $0.32 Total Estimated Gross Revenue $3,289,135 Total Estimated Exempt Buy-down ($422,434) Inst. Tax Exempt (143,502) Government (183.289) Nursing Home (95,643) Total Estimated Net Revenue $2,866,701 FY 2008-09 - 25% Rates - $2,740,946 Gross Revenue Residential Property Use Categories Rate Per Dwelling Unit Residential $49.00 Non-Residential Property Use Categories Rate Per Square Foot Commercial $0.11 Industrial/Warehouse $0.03 I nstitutiona I $0.12 Nursing Home $0.27 Total Estimated Gross Revenue $2,740,946 Total Estimated Exempt Buy-down ($346,065) Inst. Tax Exempt (115.197) Government (148.325) Nursing Home (82,543) Total Estimated Net Revenue $2,394,881 4 May g. 2008 V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT OS/20/08 Last Name First 1 st Choice 2nd Choice 3ra Choice Name Dwork Jonathan Planning & Dev. Bd. Caudell Scott Police Officers' Retirement Trust Fund Grace Joyce Arts Commission Melley Paula Community Community Code Compliance Redevelopment Agency Relations Board Norfus Victor Planning & Dev Bd. Rodriguez Luis Education & Youth Adv. (STUDENT) Bd. Tengbergen Sherie Arts Commission Timm H. Warren Planning & Dev Bd. S:\CC\WP\BOARDS\APPMENTS\Board Year 2008\Applicants Eligible for Appointment 5 06 08.doc 1 VI.-CONSENT AGENDA ITEM B.1_ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April IS, 2008 March 31, 2008 (Noon) D June 17, 2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 ONoon) ~ May 20, 2008 May 5, 2008 ONoon) D July IS, 2008 June 30, 2008 ONoon) D lune3,2008 May 19,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) .:) 0 ('j'-'-i '::J ~~=i -< ~,.. D D ."::J AnnouncementslPresentations City Manager's Report :.J .--.... rv -~n NATURE OF D Administrative D New Business 0, -;\=, -:'-J _ , , AGENDA ITEM ~ D --.... Consent Agenda Legal "'_.':'~, .....-. ~--. ''','' .....;, ,._' , D Code Compliance & Legal Settlements D Unfinished Business _._.,~ C) &.~- D D - Public Hearing (....) ---I"'-j c-J......'" c:;) fTiC) RECOMMENDATION: Motion to approve Chaz Equipment of Wellington Florida to repair a 10" Force Main for a= total cost of $27,460.00 utilizing the City's approved bid "Repair and Emergency Services" contract #065-2821-07/JA. EXPLANATION: The Utility Department received Commission approval to develop an extensive Infiltration and Inflow program. During Phase II inspections, the contractor discovered a manhole that was in urgent need of repair. The department received authorization to repair the structure and issued a purchase order to Chaz Equipment to rehabilitate the manhole. Further inspections found that the 10" force main that pumps into this manhole has deteriorated and also needs to be replaced. The repair of the force main pipe should be scheduled first prior to the manhole rehab so we do not have a pipe failure. Once the force main pipe has been repaired we can complete the manhole rehab. The SewperCoat manhole coating will seal the force main pipe to the structure. The department would like to utilize their approved "Emergency Repair" contract #065-2821-07/JA with Chaz Equipment for repairing the force main so they can continue to rehabilitate the manholes with SewperCoat. Attached is the proposal based on unit prices in the contract. PROGRAM IMPACT: The total cost is $27,460.00 and is available by utilizing the City's "Emergency Repair" contract #065-2821-07/JA FISCAL IMPACT: The total cost is $27,460.00 and funding is available in account #406-5000-590-65-04 SWR 064 ALTERNATIVES: The alternative of not repairing the force main will cause the pipe to continue to leak and eventually fail. We must schedule the force main repair prior to the manhole rehab. The SewperCoat rehab process will seal the force main pipe where it enters the manhole. ~~e W \, Q,.' ~~ \t..?, \..L~\Qi', Department Head ignature . . A";"",,, to C;ty M~ 1 ~ ~ 1 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Att ey / Fmance CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM TL/kb Attachments XC: Pete Mazzella Michael Low Barb Conboy Tony Lombardi Dan Spooner George Peck File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC <E :lit, ,... I, j... ... ; I, Proposal To: Mr. Anthony J, Lombardi, Supervisor WIW Division Date: February 13, 2008 City of Boynton Beach * Revised March 21,2008 124 East Woolbright Road Boynton Beach, FI 33435 Manhole Rehab I Force Main Connection Replacement. Seacrest Blvd north of Golf Road {SW 23rd Ave Scope includes: Mobilization;Maintenance of Traffic; Excavate existing force main and bypass to adjacent sanitary manhole; install flow through plug through existing MH; Remove existing "P" trap connection into Manhole and replace with new tandem "P" trap connection;Restore surface to a "like or better" condition. Scope for work is per attached Schedule A and as per on-site discussion with Tony Lombardi (City of Boynton Beach) and Gary Czajkowski (Chaz Equipment). Pricing is in accordance with City of Boynton Beach Bid # 065-2821-07/JA titled "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems" dated August 7, 2007. Total Lump Sum price) $ 27,460.00 I Prices include: labor, equipment and materials to replace the existing 10" DIP FM w/new 10" C-900 FM at 1 the MH conncetion including Maintenance of Traffic, asphalt and sodding removal/ disposal, pipe removal/replacement, and restoration of disturbed areas to like or better condition. The price also includes all associated bypass pumping. 2 Prices Exclude: Permits, Shutdown of existing force main for bypass setup/remove; Sewpercoat, bench removal/ reconstruct inside manhole 3 Completion Time: Work to be completed with 10 cale r days after issuance of NTP By City Respecffull, sz ~ I Howard Wight, V P 8 8888 8 8 o ggoo I 0 10 I I 8 ~ ~ g ~ ~ ~ - \l'i ....: r0 .a o Ci:' I- o lLJ w. cj cj W. ffl ffl ffl ffl ffl ffl ffl ffl W. lf7 __ "-"'-f--~_..- -, -........--+" -, _.._,-,.. -,-", \01 ~ZZ"-"-<DNO 0 0 ~ 000 ~ N ~ ~ ~ o ~ ~ ! ~ 0 I ,.... ~ o CI) ..... 0 00000 0 00000 ~ C!" C!C!C!C!C! C! C! C! 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N C c E I .... ~ ~ It) UJ CD CD CD f'oo f'oo ~ C 0 CIl N t') t') C"l t') t') t') M M t') <0:: VI.-CONSENT AGENDA ITEM 8.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15,2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) o July 1, 2008 June 16,2008 (Noon) cg] May 20, 2008 May 5, 2008 (Noon) o July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM cg] Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Purchase Acuity FL State FDLE Interface from Queues Enforth Development for $40,612, via sole source. EXPLANATION: Integrated software into CAD/RMS to allow officers to run tags for stolen vehicles, names for wants and warrants, DL numbers for driver information, and serial numbers on guns, found property etc..., to confirm it was stolen. Use car to car messaging feature to submit NCIC/FCIC entries from the field to Records, so the information can be entered into the State system immediately, thus keeping the officer in the field and reduce trips to the station. PROGRAM IMPACT:. Will streamline communication process between Dispatchers and Officers, increase officer safety, reduce data entry tasks by Dispatchers and Officers, and eliminate need for standalone application on computers. FISCAL IMP ACT: Savings of $6,800 in annual maintenance costs after eliminating Mobile Cop maintenance and adjusting for increase in annual CAD/RMS Maintenance ALTERNATIVES: Maintain status quo and continue to pay $17,800 annually for existing software. f6 (.C ~ Assistant to City Manager (#- Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO: Chief Immler DATE: 04/17/2008 FILE: SUBJECT: Acuity CAD FDLE Software Justification FROM: Doug Solomon REFERENCES: ENCLOSURES: Please let this memo serve as justification for the purchase of the Acuity CAD FDLE State Interface from QED for $40,612. Currently Officers use a separate application called Mobile Cop from their laptops in the car. With this application, they are able to run tags for stolen vehicles, names for wants and warrants, DL numbers for driver information, and serial numbers on guns, found property etc..., to confirm it was stolen. They also use the messaging feature to submit NCIC/FCIC BOLO entries from the field to Records, so the information can be entered into the State system immediately, thus keeping the officer in the field and reduce trips to the station. Currently we pay BIO-KEY approximately $17,800 per year for continued software maintenance, and are limited to 110 users. Additionally, we have to have a dedicated network server to run this software. With the Acuity CAD State FDLE Interface, we will have the same functionality as with Mobile Cop, with many added features. . This will run as part of Acuity CAD, eliminating the need for user to run a separate application. . Because it is integrated with CAD, when either an Officer or the Dispatcher enters in a license tag or name in CAD, it will automatically run the information against FDLE, and return any results. . With a site license, we will be able to add as many users as we need, with no added cost. Purchasing this software module will also allow us to cancel our maintenance on Mobile Cop ($17,800 per year). Due to the complexities of this software, we will realize an increase of $11,000 in our annual CAD/RMS maintenance, with an end result of saving $6,800 per fiscal year. 00 00 o 0 ---.. ---.. pc; l!) l!) riI ..-1..-1 m ---.. ---.. ::s '<t' '<t' ~ E-<o 0 0 0 .. .. E-< sC: 0 0 0 riI riI pc; 00 0 C\l C\l E-< E-< <x: ::So 0..-1 ..-I <x: <x: 0. <x: '<t' l!) r-- \D o 0 '<t' C\l M 0 pc; ..-I C\l '<t' :>< 0 m 0 Z pc; riI riI > > H H I riI I o I I I I I I I I I I I OE-< 0 0 0 0 : g g g ) U Zoo I 0 0 0 0 I '*' Z ril0 I 0 0 0 H E-<U 0 0 C\l C\l I 0 0 0 ~ ~ 0 0..-1..-1 I ..-1..-1..-1 E-< riI '<t' l!) r-- \D I Z '<t' C\l MOl , Q ril..-l C\l '<t' I ___- ::s I ~~ ---. ~ : ~ H I ~~ ril E-<E-< 0 0 0 .. 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H 0 I <x: u:><o H:><O H:><Q I E-<o 0 0 Z E-< HI ...:l Pc;::;:: ZPC;E-<O PC;E-<O E-<E-<O I Z..-I..-I..-I o <x: E-<I Ii< riI P>:DH::;:: o.H::;:: <X:H::;:: I DOl 00 Ol H U 0. I ~ - DOO::;:: P>:O::;:: ...:l0::;:: I 0..-1..-1..-1 E-< 0 H I :>< Z E-<OO00 rilOO ...:l00 I U..-I..-I..-I H H Pc; I E-< riI riI ::;::U E-<::;::U <x:::;::U I Uo 0 0 00 UI H 000 PC;riI::;::m Z::;::m E-<::;::m I <x:o 0 0 H 0 001 DO ...:l ......:lOD ril0D OO0D I D E-< rill UriI'<t'<X: "'OUOO IUOO ZUoo I o 0 I <X:O..-l::;:: ... 00 ..-I H l:tlo riI 0. I I pc; H riI I I riI ::r:: ZPC; I ..-I C\l M I Z..-I C\l M CJ) HCQ I I H ...:lZ I I ...:l I I City of Boynton Beach State of Florida Price Estimate Date: April 10, 2008 Acuity FL State FDLE Interface Base station license $14,400 $3,600 Includes car-to-car, person-to-person, group-to-group and all other combinations of messaging within the Acuity CAD/RMS system. Allows state FCIC and NCIC queries with returns automatically attaching to CAD incidents, - Enterprise License $22,500 $7,500 (unlimited workstation licenses when used by Boynton Beach PO Personnel) Installation and TestinQ $3,712 Acuity FL State FDLE Interface $40,612 Maintenance is included for first year; annual maintenance begins at the start of year 2 in the amount of: $11,100. ( 1,,'0 .C,o., lt~; \J-,('\ b\~~ ~O{'f'~ \~\O' Page 1 00\" QuclIe,: Entorrh Development, Ine. 14 Summer Street, Malden, MA 02148 T (781) 870-1100. Fe (781) 870-1199 \I,,'ww.oed.com April 10, 2008 Purchasing Director City of Boynton Beach 100 Boynton Beach Blvd Boynton Beach, FL 33425 Dear Director: This letter is written in regard to the recent request made by the Police Department to procure the Acuity Florida FDLE Mobile Interface System. This enhanced software will attach to their current system and will allow FCIC/NCIC queries to be run automatically from the CAD system with returns automatically being posted back into the CAD system. The police department wishes to procure this enhanced software that will integrate with the existing Acuity CAD software. This add-on enhanced software will need to have access to proprietary codes and data in the current Acuity CAD system to provide the inter-connectivity and tight integration that is desired by the police department. The existing CAD software is a proprietary product of Q.E.D. and only Q.E.D. has access to the internal codes and data structures that will allow the upgraded software to operate with the existing CAD system. This product is only available from Q.E.D., Inc. There are no authorized resellers of this product. Due to the security requirements and the proprietary nature of Q.E.D.'s software on both the current system and the proposed upgrade, no other vendor is able to offer this updated data product. If you have any questions concerning the availability of this software, please contact me at 781- 870-1127. Sincerely, Oallid 0 f/aJ<tro/j David Varney President Q.E.D., Inc. VI.-CONSENT AGENDA ITEM B.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J April 15,2008 March 31, 2008 (Noon) c=J June 17, 2008 June 2, 2008 (Noon) c=J May 6, 2008 April 14, 2008 (Noon) c=J July I, 2008 June 16,2008 (Noon) I2J May 20, 2008 May 5, 2008 (Noon) c=J July 15,2008 June 30, 2008 (Noon) "-_.~ c=J June 3, 2008 May 19,2008 (Noon) c=J August 5, 2008 July 14,2008 (Noon) c=J Announcements/Presentations c=J City Manager's Report NATURE OF c=J Administrative c=J New Business AGENDA ITEM I2J c=J ~._- Consent Agenda Legal c=J Code Compliance & Legal Settlements c=J Unfinished Business c=J Public Hearing c=J ~..... RECOMMENDATION: Motion to approve Chaz Equipment of Wellington Florida to repair a 24" Storm Water Main for a total cost of $83,750.00 utilizing the City's approved bid "Repair and Emergency Services" contract #065- 2821-07/JA. EXPLANATION: Storm Water crews responded to a call on SW 18tb St. near Ocean Ave. in Leisureville regarding numerous small sinkholes along the road easement over the top of the storm main. After televising the line, crews determined that the storm water line had multiple cracks and serious deterioration to the line. A crew "in-house" assembled to make the repair. It was decided to try a slip-lining method to rehab the line. Crews tried but failed to push the pipe through the existing pipe. InfIltration and massive amounts of sand still entering the existing pipe, even after cleaning, made the slip lining impossible. The Utility Department utilized their "Repair and Emergency Services" contract #065-2821-07/JA with Chaz Equipment to excavate the existing line and replace it with new pipe. Chaz Equipment is using the pipe the City has purchased and is discounting the pipe installation line item price to reflect the changes in installation only. The department would like to utilize their approved "Emergency Repair" contract #065-2821-07/JA with Chaz Equipment for repairing the Storm Water. Attached is the proposal based on unit prices in the contract. PROGRAM IMPACT: The total cost is $83,750.00 and is available by utilizing the City's "Emergency Repair" contract #065-2821-07/JA. FISCAL IMPACT: The total cost is $83,750.00 and funding is available in account #403-5000-590-96-09 STM 017 ALTERNATIVES: The alternative of not repairing the Storm Water main will cause the pipe to continue to leak, eV~Z;:f~~~~'. ~~ v Department Head's Signature City Manager's Signature ~~ Assistant to City Manager CNvvt/ -<5g- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~ Attorney / Finance ' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM TL/kb Attachments XC: Pete Mazzella Michael Low Barb Conboy Tony Lombardi Dan Spooner Louis Johnson File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC REQUEST FOR REQUISITION d.T.E. ENTRY DATE: 4/22/2008 H.T.E. REQUISITION # 46012 Clerk: H.Sagel Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Emergency repair of collapsed 24" storm water main in Leisureville (SW 18th St). City of Boynton Beach "Emergency Repair" Contract #065-2821-07/JA On agenda for Commission Approval May 20,2008 VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Chaz Equipment Admin. ( ) Date: 4/22/2008 ASAP (x) Address: 3460 Fairlane Farms Road, Suite 8 Construction ( ) Date Needed: 4/29/2008 Confmn. ( ) Wellington, FL 33414 Cust. ReI. ( ) ASAP/Conf. (x) Distribution ( ) BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Bradley Miller Water Qual. ( ) Quotes/V erbal ( ) E. Admin. 40 (x) (over $500) 561-333-2109 Pumping ( ) Quotes/W ritten (x ) E.WTP 41 ( ) (over $2000) Vendor Number: 7476 PWTreat. ( ) Bid Docs. ( ) W.WTP 42 ( ) Meter Serv. ( ) Sole Source Ltr. ( ) PIU 99 ( ) INITIATOR: Tony Lombardi Sewage ( ) Insurance (x) Special Instructions: Requirements: APPROVED: Strmwtr. (x ) SNAPs/GSAlPiggy-back Project Number: STMO 17 #: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 83750.00 Installation of 300 LF 22" HDPE pipe 403 5000 590 96 09 83,750.00 ea The City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX: (561742-6298 OFFICE OF THE DIRECTOR OF UTILITIES QUOTATIONS ITEMS REQUESTED: Emergency Storm Drain culvert replacement - SW 18th St - Leisureville VENDOR #1: Chaz Equipment DATE: 4/22/2008 CONTACT PERSON: Bradley Miller PHONE NUMBER: 561-333-2109 QUOTE: $83,750.00 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3 : DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. e Proposal To: Mr. Anthony J. Lombardi, Supervisor WfW Division Date: April 9,2008 City of Boynton Beach 124 East Woolbright Road Boynton Beach, FI 33435 Emergency Strom Drain Culvert Replacement- SW 18th St Scope Includes: Mobilization, Removal and Disposal of Sodding! Sidewalk! Driveways! Existing Culvert, Installation of 300 LF 22" pipe provided by City, Connection of new pipe to existing pipe end installed by City; and Restoration to a "like or better" condition. Scope for work is per attached Schedule A and as per on-site discussion With Tony Lombardi and Les Sarkknen (City of Boynton Beach), Gary Czajkowski and Howard Wight (Chaz Equipment). priclngis in accordance With City cifBoynton Beach Bid # 065-2821-07!JA titled "Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Storm water Utility Systems" dated August 7, 20Q7. Total Lump Sum pricel $ 83,750.00 I 1 Prices Include: labor, equipment and materials to replace the existing culvert w!new 22" pipe provided by City including Maintenance of Traffic, concrete and sodding removall disposal, pipe removaU replacement, and restoration of disturbed areas to like or better condition. 2 Prices Exclude: Permits, Pipe 3 Completion Time: Work to be completed with 10 calendar s after issuance of NTP By City 8 8888 8 8g g gggg' 0 00 o NU'ltON 8 815 ~ .0 ri ~ t::: ~ , 117 0 0 117 117 117 lI7 117 117 It7 117 117 ...: ...: -'>> .... ZZ NNO 0 00 0 ~ 000 (") (") M .s::: o b ns 0 Q) CO l:: ~ ~ ~ 888 88888 8 888 8 ~ 000" oooujo 0 .nouj 0 o ggg ~~1t)~.~ ~ ~~~ 8 M _ .ocici eO ...., J!l ........ '+... 0 o I- ~ _, ,(3 117 117 117 117 117 117 117 117 117 117 117 It7 117 lI7 117 (J ~ 10.. ~ Cu ~ ~ -. u:" <C..O '2 Ul Ul Ul Ul Ul Ul In <C <C <( u.. u.. u.. u. <C ~ ~' - ~.' 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Q,I-Olll - ~ ~];~~~!i~~ft.3 ~ -tlci ~,gz 0 ... <I: N M i1; Lt) CD r-- co 0> "'" 2c:E ~ ~ ~ ~ ~ M ~ ~ ~ ~ ~ ~ ... 0 ll> ....(.)~ CITY OF BOYNTON BEACH VI.-CONSENT AGENDA ITEM C_1 AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Requested City Commission Date Final Form Must be Commission Meetinq Dates Turned in to Citv Clerk's Office Meetinq Dates Turned in to Citv Clerk's Office 0 April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008 June 16, 2008 (Noon) [gJ May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19, 2008 (Noon) 0 August 5, 2008 July 14, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to adopt a Resolution to assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Code Compliance for nuisances abated by a City-contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: la,~ . m. . ~ Department Head's Signature City Manager's Signature City Clerk's Office As~ ~Ity Manager CJW/ City Attorney / Finance S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\RECORD LIENS.doc 1 RESOLUTION NO. 08- 2 3 A RESOLUTION OF THE CITY OF 4 BOYNTON BEACH, FLORIDA ASSESSING 5 THE COSTS OF ABATEMENT OF CERTAIN 6 NUISANCES AGAINST THE OWNERS OF 7 THE PROPERTIES INVOL VED; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 12 WHEREAS, beginning in October, 2007 and continuing through February, 2008, 13 a contract vendor was requested by Code Compliance to mow the lots of the properties 14 described in Exhibit "A"; and 15 16 WHEREAS, the owners of the parcel(s) of property hereinafter described were 17 invoiced by the Finance Department on two occasions in an effort to recoup these costs 18 with no response; and 19 20 WHEREAS, said nuisance was not abated as required; and, 21 22 WHEREAS, on March 21, 2008, all of the property owners listed in the attached 23 Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in 24 order to avoid incurring a lien on their property; and 25 26 WHEREAS, the City Manager or his authorized representative has made a report 27 f costs actually incurred by the City and abatement of said nuisance as to the property(s) 28 'nvolved, which is described in Exhibit "A" attached to this Resolution; and 29 30 WHEREAS, upon passage of this Resolution, the property owners will be 31 rnished with a copy of this Resolution, and given one more opportunity to remit all 32 osts associated with the abatement in full within 30 days of the passage of the 33 esolution, before transmittal to the County for recordation of Liens; and 34 35 WHEREAS, at the time of recordation of Liens in the Public Records of Palm 36 each County, the City Clerk's office will add an additional administrative fee in the 37 mount of $270.00; and 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 40 F THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 41 42 Section 1: Each Whereas clause set forth above is true and correct and 43 ncorporated herein by this reference. 44 45 Section 2: The amount of costs incurred by the City and the abatement of the 46 bove-described nuisance as to the parcels of land, owned and indicated to wit: ,\CAIRESOILegislative ActionslNuisance Abatement Liens 050808.doc 1 2 3 SEE ATTACHED COMPOSITE EXHIBIT "A" 4 5 (Charges cover Invoices dated October, 2007 through February, 2008) 6 Subject amount is hereby assessed as liens against said parcels of land as 7 indicated, plus an additional administrative charge of $30.00 for each 8 Lien. Liens shall be of equal dignity with the taxes there from for the year 9 2003, and shall be enforced and collected in like manner pursuant to 10 applicable provisions of law. In the event collection proceedings are 11 necessary, the property owner shall pay all costs of the proceedings, 12 including reasonable attorneys fees. 13 14 Section 3. This Resolution shall become effective immediately upon passage. 15 16 PASSED AND ADOPTED this _ day of May, 2008. 17 18 CITY OF BOYNTON BEACH, FLORIDA 19 20 21 Mayor - Jerry Taylor 22 23 24 Vice Mayor - Jose Rodriguez 25 26 27 Commissioner - Ronald Weiland 28 29 30 Commissioner - Woodrow L. Hay 31 TTEST: 32 33 Commissioner - Marlene Ross 34 35 anet M. Prainito, CMC 36 ity Clerk 37 38 39 40 Corporate Seal} :\CA\RESO\Legislative Actions\Nuisance Abatement Liens 050808.doc ,~(JO i (JO ui~ TI ~ (JO ~-11~-l:--~ ' '~~ a, iJ: c (JO! cr, cro cr, :~ 0 10 :0 m 0 f'-, 0 0 r---. 0 0 'l;J- 010 ,-, 0 , . I. '. M . r--.. . . 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Z 0:::' IZ >- <(...... ......J 1~'lz in Z ~ :.% 1:5 ~ 11:5 IlY Iw !z 0 I,~ '"LL ~ jz I,z lY ~I~ ~ ,~ co I <( lY 0 LL 0 <( IZ iI f- ,Z 'w '-' II '<(lY<( 1 (J) ZOO I <( <(.... I W '0 Z '0 'W 0 10 I~ w ,0 I Irr:,::; m "U L ;;: L > U .~ !ro <( I" ...J ,~ !ro ~...J f- L~_ .~ ' I _ _ ~~_____~",_,,_L~_~ _~ ___~ ,~_____,L.........,_'-__~,__ ~ VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) ~ May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Approval and authorizing the City Manager to sign Amendment No.1 to Task Order U07-4-3 with CDM, for the final design and permitting of the Sodium Hypochlorite Onsite Generation (OSG) system for the East Water Treatment Plant. EXPLANATION: This Amendment governs the final design and permitting of the structural, mechanical and electrical system upgrades required to install the recently purchased Sodium Hypochlorite Onsite Generation system at the East Water Treatment Plant. To expedite this installation, the City and CDM will utilize a Design-Build approach, with CDM acting as designer and general contractor to complete the work. This Amendment no. 1 will include the development of 90% complete plans and specification.s,1Q.d the furnishing of a Guaranteed Maximum Price for the construction phase, but does not autho~e tiii.-( commencement of construction until the pricing is obtained, and a future authorization is apprC!!-fd 6~~e City Commission. -;.CJ ,,' x:- Based upon the current level of design, the construction cost for the project, minus the cost of theJHrea~~ purchased OSG system, is approximately $2 million. Overall project construction cost, with the 6SG coStS included, bring the total to $3.5 million. r::?~:_\ 0 '.') T'.':\ The final design, permitting, and Guaranteed Maximum Price determination are scheduled to be :;;:- completed within 120 days from the issuance of this Task Order Amendment. PROGRAM IMPACT: This design work is a necessary step in the replacement of the East Water Treatment Plant's gas chlorination system with the OSG liquid system. FISCAL IMPACT: $167,500 from Account no. 406-5000-590-65-02 (WTR 112) ALTERNATIVES: None. Upon completion ofthis design and permitting task, the City Commission will have the option of proceeding with either the Design-Build approach mentioned above, or the conventional Design-Bid-Build approach utilized on other City projects. S:\BULLETINFORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~~ City Manager's Signature CNv UTILITIES Department Name XC: ~eter Mazzella (w/attachments) Barbara Conboy " City Attorney " Karen Riseley " File " s, BUU,ET1NFORMS AGE",DA ITEM REQUEST FORlvl.DOC I 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AUTHORIZING THE CITY 5 MANAGER TO EXECUTE AMENDMENT NO 1. TO 6 T ASK ORDER NO. U07-4-3 IN AN AMOUNT NOT TO 7 EXCEED $167,500.00 WITH CAMP, DRESSER & 8 McKEE, INC., FOR THE FINAL DESIGN AND 9 PERMITTING OF THE SODIUM HYPOCHLORITE 10 ONSITE GENERATION SYSTEM; AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS, Amendment No 1 to Task Order No U07-4-3 governs the final design 15 and permitting of the structural, mechanical and electrical system upgrades required to install 16 the recently purchased Sodium Hypochlorite Onsite Generation system at the East Water 17 Treatment Plant; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon 19 recommendation of staff, deems it to be in the best interest of the citizens of the City of 20 Boynton Beach to authorize the City manager to execute Amendment No.1 to Task Order 21 U07-4-3 in the amount of$167,500.00 with Camp Dressker & McKee, Inc. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the approval and execution by the City Manager of Amendment 29 No.1 to Task Order U07-4-3 in the amount of $167,500.00 with Camp Dresser & McKee, S,\CAIRESOlAgreementslTask - Change OrderslCamp Dresser Amendment No, 1 to TO U07-04-3 doc I 1 Inc., for the final design and permitting of the Sodium Hypochlorite Onsite Generation 2 System to be located at the East Water Treatment Plant, a copy of which is attached hereto 3 as Exhibit "A". 4 Section 3. This Resolution shall become effective immediately upon passage. 5 PASSED AND ADOPTED this __ day of May, 2008. 6 7 CITY OF BOYNTON BEACH. FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 Janet M. Prainito, CMC 27 City Clerk 28 29 30 (Corporate Seal) S'\CA\RESO\Agreements\Task - Change Orders\Camp Dresser Amendment No 1 to TO U07-04-3 doc CITY OF BOYNTON BEACH Amendment No.1 to ENGINEERING SERVICES TASK ORDER NO. U07- 4-3 1. PROTECT TITLE City of Boynton Beach East Water Treatment Plant Disinfection System Upgrade - Final Design and Design-Build Services II. BACKGROUND Governmental agencies, such as the Environmental Protection Agency (EP A) and the Department of Homeland Security, have been strongly encouraging utilities to stop the use of gaseous chlorine facilities. With the potential health impacts due to accidental exposure and the increased liability associated with gaseous chlorine, many utilities have considered alternative, safer disinfection practices. The City of Boynton Beach (City) wishes to convert their existing gaseous chlorine disinfection system at the East Water Treatment Plant (EWTP) to an on-site sodium hypochlorite generation system. Camp Dresser & McKee Ine. (hereinafter referenced as ENGINEER) shall perform the following Scope of Services to complete the Final Design and Construction with a Guaranteed Maximum Price (GMP) of the EWTP Disinfection System Upgrade Project. At 90% design, the GMP for the construction of the Project will be provided to convert the project from a traditional Design-Bid-Build to a Design-Build delivery by CDM. At that stage, if the City desires, a new Task Order will be issued for the final completion of the Design-Build Project. The East Water Treatment Plant Disinfection System Upgrade Project includes the following components: - Conversion of chlorination system from chlorine gas to on-site sodium hypochlorite generation (OSG). The on-site sodium hypochlorite generation system equipment will be procured through a direct purchase; - Design of a new hypochlorite storage tank area and brine storage tank structure. This design will include a secondary containment structure with a salt loading station and water softening equipment; - Design of modifications to the existing chlorine gas building and chlorine gas scrubber area, including installation of new metering equipment and removal of existing chlorine gas equipment; and - Design of the new FPL service that provides a dedicated feed from a temporary transformer located near the OSG system and a new 1,200 amp service entrance rated distribution switchboard distributing power to the OSGs; and design of modifications to the existing MCC-3. Under a separate contract, the plant electrical system will be modified. The CDI\II 1 N ,\6276\W LB335e. FI NAL, doc modifications include the increase of the existing main service entrance and additional standby generation to handle the entire plant at 24 mgd capacity, including the new OSG system. The feed to the OSG system will be transferred to the main plant service after the electrical improvements are completed. III. CONTRACT REFERENCE This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services RFQ No. 065-2821-03jCJD, Scope A: Water Plant Expansion and Capacity Replacement. N. SCOPE OF SERVICES Task Order no. U07-4-3 was approved on August 23,2007 to complete the preliminary design and permit application for the OSG system. The following is a description of the Scope of Services to be provided under this Task Order Amendment No.1. Task 1 - Final Design This task includes the preparation of drawings and specifications, conducting formal reviews of the contract documents at 60% and 90% completion levels, and developing an opinion of probable construction cost for the design. Specific work products will include two draft contract document sets during 60% and 90% levels of completion. An opinion of probable cost will be developed at 60%. At 90% a Guaranteed Maximum Price (GMP) for the construction of the Project will be provided to convert the project from a traditional Design-Bid-Build delivery to a Design-Build delivery by CDM. At that stage, if the City desires, a new Task Order will be issued for the final completion of the Design-Build Project. Subtask 1.1 Preparation of Procurement Packages Engineer will prepare early procurement documents. A procurement package will be prepared as follows: - Specification section 11515 - Onsite Sodium Hypochlorite Equipment ENGINEER will issue the documents for procurement package based upon specification section 11515 to single system supplier to procure system through a direct purchase based upon pricing extended to another local utility. ENGINEER will review bill of materials and shop drawings to select the specific items to be included in this package. Subtask 1.2 Preparation of Contract Documents ENGINEER will prepare final construction drawings and specifications suitable for conversion to a Design-Build project. The technical specifications will utilize the Construction Specifications Institute (CSI) sixteen-division, three-part format. The design shall be complete (as applicable to the Project) site improvements, building, appurtenances, process and ancillary CDNI J N6276\WL83356,CINAlooe equipment, accessories, wiring, piping, foundations, substructures, electrical controls, instrumentation, telemetry, metering, process equipment and mechanical facilities. The design shall also include detailed drawings, specifications, tables, charts, schedules, and other documentation as may be necessary for the Project. ENGINEER will utilize the City's standard specifications and front end documents. The preliminary list of drawings is provided in Exhibit A. The list of drawings may change as the design occurs and the final list will include necessary drawings required to construct all included improvements to the complete water treatment plant facilities. Subtask 1.3 Periodic Review of Work Perfonned At approximately the 60% and 90% completion levels of the contract documents, the ENGINEER will submit three sets (3) of progress drafts of the contract documents to the City staff for review. A review meeting will be conducted with City staff, and address appropriate City review comments. Sub task 1.4 Opinion of Probable Construction Cost ENGINEER will prepare an opinion of the probable construction cost at the 60% completion level for the project. The opinion of probable construction cost shall be delivered to the City with the 60% drawings and specifications. Subtask 1.5 Constructability Review ENGINEER will involve the CDM Constructors and subcontractor staff during the design to obtain input on potential constructability issues. An initial site visit and constructability review of the current design will be performed. A more detailed constructability review will be performed at the 60% and 90% levels. Subtask 1.6 Design-Build Construction Cost ENGINEER will prepare an estimate of construction cost at the 90% completion level for the project. A Guaranteed Maximum Price (GMP) will be prepared at this level to convert the Project to a Design-Build delivery project. The GMP will include both the remainder of the design and the construction of the Project by CDM. Task 2 - Permitting Services ENGINEER will prepare application for permits as may be required and related to the Project. Permit-related work shall include furnishing required data, drawings and other information requested to obtain required permits. ENGINEER will submit permit applications to City staff for review and will meet with the City as required to discuss the City's review comments. ENGINEER will revise the applications as required and submit to appropriate regulatory agencies for review and approval. The permits to be obtained by ENGINEER include the following: - Palm Beach County Health Department permit (applied for under original Task Order) ~ 3 N, \6276\WL 83356- FINAL, doc . The construction contractor will be required to obtain a building permit for the Project. The City's building permit process will require project approval during the design phase. A set of drawings and specifications will be submitted to the City for review at the 90% completion level. Three (3) signed and sealed sets of drawings will be submitted to the Building Department at the start of the bidding process to begin the permitting process. . The Palm Beach County Department of Environmental Resources Management (DERM) will require permits for the storage of water treatment plant chemicals (i.e., commercial grade sodium hypochlorite). . EP A may require an NPDES Stormwater Construction Notice of Intent application and preparation of a Stormwater Pollution Prevention Plan if any offsite discharges are anticipated. These plans are required to be submitted by the construction contractor. ENGINEER will provide drawings and specifications requested by the construction contractor for the submittal, if applicable. V. ASSUMPTIONS The City shall provide the following contributions to the work order unless otherwise available through public resources: . Copies of all record drawings for the existing site plan and chlorine gas facilities, electronic format preferred. . Monthly operating reports for EWTP including chlorine dosing and plant flows; and . Review of ENGINEER work products within the time assigned in the project schedule. The schedule allows for one (1) week of reviewing period by the City. VI. COMPENSA TION FOR SERVICES The compensation for the work set forth in this Work Order for Tasks 1 and 2 shall be a not-to- exceed amount of $167,500 as detailed in Exhibit B. CDM shall submit monthly invoices to the City. Payments shall be based on actual documented costs for labor, subconsultants and expenses of the project, as supported by written monthly status reports. VII. DELIVERABLES . CDM will prepare 60% and 90% design drawings and specifications for review and comment by the City. CDM will provide three (3) copies of each for review by the City. . At the 90% level, following receipt of the City's review comments, CDM will provide updated drawings and specifications per City's comments. CDM will provide three (3) copIes. . Opinion of probable cost will be submitted with the 60% design. . GMP for completion of design and construction will be submitted at 90% level. CDNI -t '\J :'.6276\WLB3356-;:: I NAL. dOC VIII. PROTECT SCHEDULE AND COMPLETION DATES The duration and completion times of all tasks are summarized as follows: Task Time to Complete from Notice to Proceed (Working Days) Task 1 - Final Design 90 Task 2 - Permitting (services) 60 The project as described above will be completed within 120 working days from the time a notice to proceed is received. There are many factors that can affect the completion of this project within the time expected. It is assumed that major equipment will be pre-purchased by the City. Equipment to be pre-purchased by the City includes: . Onsite generation Sodium Hypochlorite Equipment. It is expected that equipment supplier will have the availability to provide the equipment within the time frame required for accelerated construction. Also, the time to obtain permits can vary depending upon the reviewers' comments. Permitting delays can defer both the final design development and the construction start date. APPROVED BY: SUBMITTED BY: CAMP DRESSER & MCKEE INC. By: By: d=Lf CJ2L Kurt Bressner David L. Collins, P.E., BCEE City Manager Associate Dated this _ day of 2008 Dated this ~ day of ~ 2008 CONI ::> N, \6276\W LB3356- FI NAL, doc 0000000 0000 0 ~......0'lU")..--r-..,.... ................C"';I 0 ro ~~~~~~~ ~~~~ ~ ~ O'l~N~~~~ U")U")U")~ ~ ~ ~ ~ fhWEfltfl~(fl-W Eflfflfflffi ..,.. g~~g8gg 8888 :i: ~ ~~WNV~M NNNW ~ U ri~ w- iii o o fflfflffltl'tfflfflffl fflfflfflffl ..... 0000000 0000 0 o g~~~~~~ ~~~~ ~ ~~ m~~~~~~ ~~~~ ~ ~8 >- fflEflEflffltf.loWffi ffltftffiffl .,. ,., .0 ....::.:: <.D 0 ~~ ~~~~~~~ ~~~~ ~ 01-- w...... ..... ..... ..... ..... ........... I '" <D ~ OOOONvv~ 0000 ~ WN........... ...............M ~ U <( >- ~ ~ " 0 "0 ,~ 0 "ii co ...... u:c om 0000000 0000 ~ ~ If) " a: ~ '" ~ <X> 1/1 " ~ .~ ~~~~~~~ ~~~~ .. " If) 0 ~ ffl ~ 0 CI:l ~ '- QI ._ w~ g~ N~.OON~ NNNW ~ ~; ~~ ...........NNN.....N ................M ~ We 0 UJ :!:tn ffl ~ .: 0 :5 ~ ...... 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CUJCDOZ-g >-~ U::c.... co ~ ("") v o I VI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.3 AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) ~ ...., .. , -~ -..., -} " --. - - , May 6, 2008 April 14, 2008 (Noon) o July I, 2008 June 16,2008 (Noon) , ~.-< ~ May 20,2008 D July 15,2008 I May 5, 2008 (Noon) June 30, 2008 (Noon) r'.,,~) D June 3, 2008 D August 5, 2008 ::"""-'OtJ May 19,2008 (Noon) July 14,2008 (Noon) -....,,", C.J .. , " > 0 Announcements/Presentations D City Manager's Report - ~ ..~ ~.,- NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with John and Charmaine Westerman for the property at 1025 Ridge Rd, Lantana, FL (Ridge Grove Lot 28). EXPLANATION: The parcel covered by this agreement includes a single-family home located in the San Castle/Ridge Grove area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by Palm Beach County as a part of a neighborhood improvement project. (See location map). PROGRAM IMPACT: A Water Distribution main has 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. FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. ~ ~;g~~~ City Manager's Signature ~ UTILITIES '\ A"ist,nllo City M,mge, Department Name ~ F' Ity Attomey I mance Yc: Peter Mazzella (wi attachments) City Attomey " File " S:'.BULLETI"JFOR\lS'AGENDA ITEM REQUEST FOR\I DOC 1 RESOLUTION NO. R08- J " A RESOLUTION OF THE CITY OF BOYNTON BEACH, ,) 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXA TION BETWEEN THE 8 CITY OF BOYNTON BEACH AND JOHN AND 9 CHARMAINE WESTERMAN; PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 1025 Ridge Road, Lantana, Florida (Ridge Grove Lot 15 28); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the San Castle/Ridge Grove project area; and 18 WHEREAS, a water distribution main has recently been completed on this street, 19 Ticinity, allowing for the service to this parcel; and 20 WHEREAS, no additional construction will be required by the City to serve this 21 roperty. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as )- eing true and correct and are hereby made a specific part of this Resolution upon adoption -) 26 1ereof. 27 Section 2. The City Commission hereby authorizes and directs the City Manager 28 o execute a Water Service Agreement between the City of Boynton Beach, Florida and John 29 nd Charmaine Westerman, which Agreement is attached hereto as Exhibit "A", 30 Section 3. This Resolution shall become effective immediately upon passage :\CA\RESO\AgreementsIWater Service\Westemlan Water Service Agreement.doc 1 2 3 PASSED AND ADOPTED this _ day of May, 2008. 4 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor - Jerry Taylor 10 11 12 Vice Mayor- Jose Rodriguez 13 14 15 Commissioner - Ronald Weiland 16 17 18 Commissioner - Woodrow L. Hay 19 20 21 Commissioner - Marlene Ross 22 Attest: 23 24 25 26 anet M. Prainito, CMC 27 City Clerk 28 29 30 Corporate Seal) :\CA\RESO\Agreements\Water Service\Westennan Water Service Agreement.doc TI-nS INSTRUMENT PREPARED BY: Jame:- A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P .A. 3099 East Commercial Blvd. Suite 200 Ft Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this 25TH day of APRIL , 200L, by and between WESTERMAN, JOHN P .JR. AND CHARMAINE hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation ofthe State of Florida , hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida 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 earliest 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 ONE Equivalent Residential Connections which City shall service. 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 written 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 ofthe 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 consideratiqn 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. Annexation is intended to be and is hereby made a covenant running with the land described in Paragraph 1 of this Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns. 10. lt 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 S:\CA\AGMTS\Water Service\Water Service Agreement - Rev )~6.doc 2 prohibitions, restrictions, limitations or requirements ofloca1, 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, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. II. 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 including disputes for breach of warranty oftitle. 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. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. (RE1\1AINDER OF PAGE INTENTIONALLY LEFT BLANK) S:\CA \AGMTS\Water ServicelWater Service Agreement - Rev] -6-06.doc 3 ~$Jj IN WITNESS WHEREO~ have hereunto set our hands and seals the - day of ~ r- ' in the year 200. ealed and delivered in the presence of ~ ~~~ {A-J.- / ~1J;:.L~~--!-# Witness Signature ~er Signature SHANE MCQUEARY iJ JOHN P VF.~'l'F.RMAN. TR Print Name Print Name Wi' \~ ~ ~ - WItness Signature ADRIENNE CARTER Print Name f ~! 4 c!ffi/l'-- ~ . 0!. A - '.J ;:'lX. /"~ 19.-( C; ,}c'V.A ~4.+J Witness Signature Owner Signature CHERYL HADDEN CHARMAINE WESTERMAN Print Name Print Name rJa1L6.J (,Jy)/A. Witness 0 NANCY GOVER Print Name STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) !JIt:..TIfE FOREGOIN~STRUMENT was acknowledged befure me this ~f1> day of Q , 20 a , by JOHN P. WESTERMAN, JR. and INE WESTERMAN , who are known to me or who have produced KY DRIVER' S LICENSE W93-175--076, as identificatiO~ho didldid not take an oath. I (}+r)JJA- NOTARY PUBLIC CHRIS CADDELL Type or Print Name My Commission Expires: 1/ q !~ 0 0_ Commission No. S:\CA\AGMTS\Water Service\power-ofatty.doc-l-6-06 H:\1990\900 182.BB\AGMT\Power of Attomey-lnd 1-30-06.doc AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND WESTERMAN, JOHN P. JR. AND CHARMAINE (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to fonn: City Attorney 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 m the County aforesaid to take acknowledgments, personally appeared , City Manager 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 'aJfixed 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 My commission expires: s, \CA \AGMTS\ Water Service\Water Service Agreement - Rev 1-6-06,doc 5 P.:llrrl Beach County Property Appraiser Property Search System Page 1 of 1 II ,,~ ,""c:.y -i,;j-,,-,:,~ .'" "~"~';P;rDp3rty AppnH:er"s Pi bbe ;,CCHS SVE.!em .' f):l:::~~f~:~}::~~~,~~~';'~ ,~j> ...~~. ; : :~"::'" :' - - : ~i.iI;li~,0~~ :c.=..,...,,,,..~.l, . Property Information ljj(JMj\mwl""IBWllfdaDI~Gil Location Address: 1025 RIDGE RD ~J "..' "F'P' , '" ,w.'."". , ,. ..~^:..-- '. -- " ; _ ~, .A,cR~:"bik::;;i; Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-09-08-000-0280 Subdivision: RIDGE GROVE IN Official Records Book: 05217 Page: 1731 Sale Mar-1987 Date: LeQal Description: RIDGE GROVE LT 28 Owner Information Name: WESTERMAN J P JR & CHARMAINE ....--.1) Mailing Address: 2728 AMSTERDAM RD COVINGTON KY 410174401 Sales Information Sales Date Book/Page Price Sale Type Owner Mar-1987 05217/1731 $36,000 LI FE ESTATE r Exemptions Exemption Information Unavailable. Appraisals Tax Year: 2006 2005 Property Information Improvement Value: 62 736 44 287 Number of Units: 1 Land Value: 35 917 23 323 *Total Square Feet: 829 Total Market Value: 98 653 67 610 Use Code: 0100 Description: RESIDENTIAL * in residential properties may indicate living area. Tax Year: Assessed Value: I~.if~. Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Collector WebSite NOTE: Lower the top and bottom margins to 0.25 on File-> Page Setup menu option in the browser to print the detail on one page. http://www.co.palm-beach.fl.us/papa/aspx/web/detaiUnfo.aspx?p _ entity~0434509080000280&'''';; 14/29/2008 All C ,v~er Page All Owner(s) peN Number: 00-43-45-09-08-000-0280 Owner Names WESTERMAN J P JR & CHARMAINE ~1J~_j] Ij!I--;~I..1II1iJJ http://www.co.palm-beach.fl. us/papa! aspx/we bl all Owner .aspx?entity _ id=004 34 5090800002 80&Owner _' " 4/29/2008 THIS INSTRUMENT PREPARED BY: James A. Cheraf, Esquire Goren, Cheraf, Doody and Ezro!. PA 3099 East Commercial BIIItI. Suite 200 Fl Lauderdale, FL 3330B IRREVOCABLE SPECIAL POWER OF A ITORNEY (By Individuals) STATE OF FLORIDA COUNTY OF PALM BEACH I1We, JOHN P. jR. AND CHARMAINE WESTERMAN , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORID~ 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 descnbed 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 descnbed as follows: PCN No.:' 00-43-45-09-08-000-0280 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 25TH day of APRIL , 20 08 and the powers and authority shall ~ irrevocable by Grantee. AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA, TION BETWEEN THE CITY OF BOYNTON BEACH AND WESTERMAN, JOHN P. JR. AND CHARMAINE (INSERT NAlVIE) ,/j I' /1~ '\, , W;WITNESS WHEREOIf-lhe parties hereto have set their hands and seals this f...~ - day of f~ (/l{ I L--' ,200J-. Ii ~ WITNESS: INDNIDUAL(S) AS OymER(S): n ; jJ P',' '-, ~ I "; r" ~ ", '.' -, f' f ;)Jt~ /)....:..0'" ,/ !-"{; ,1/ l p'!/~.,u,<J'.J/'I.-- IL/ '/,' ' 'Pi...... _ ... .... ,.-.,.., Witness Signature l./ Owner SignatureJ ". SHANE MCQUEARY .JOHN P _ WF.~TF.RMAN, TR Printed Witness Name Printed Owner Name CL:-tw~ryul ~ ~ Witness Signature ADRIENNE CARTER Printed Witness Name ~'IJ ~-". . . . U . ~,;::.Ij1/'-- --e:XdA~~<€;~} (Z(,j,~d1'~ Witness ignature Owner Signature CHERYL HADDEN CHARMAINE WESTERMAN Printed Witness Name Printed Owner Name / Vi'AJ ) tt<v Witness Si ature NANCY GOVER Printed Witness Name FOR INDIVIDUAL(S) NOTARlZATION: STATE OF KENTUCKY ) ) ss: COUNTY OF 'KENTON ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and In the County aforesaid to take aclrnowledgments, personally appeared JOHN P. WESTERMAN, JR. AND CHARMAINE WESg:~own 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 personally known to me or provided the following proof of identification: KY DRIVER'S LICENSE \193-175-076 /1 - K !"~ , '8'lTNES S my hand and o{ji cia] seal in the County and State last aforesaid this A2> . - day of n.'\; I L , 200D-. 'J ," . . f, /) /-. (Notary Seal) / ,U/~" ,.. '~' '" / I 'I A ! ! L/ ( 1:; V' , 1 ' My Commission expires: I / q ! J'D I:J-- Notary Public - I Page 1 of 1 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System ._"~"W;;~~\'l~,~"'~~,,"":f<[: li:?,",~.~,,~~,,;~,,-w:.~~,~ "',..,""'S'.,'"""'ir....."""",..," ,,~..., ~~t'~1 ,,' ."" ,ea. '.H"'''',"" 'rClrce..'~ s: , .~' ;", -, "-,,~ Owner Information peN: 00434509080000280 04&1 1IS1lt ~ lIS3II 0.5411 1t5Slt '" ~i!1'tReruTii"lo~RAP~1~i! ~, . . " N WESTERMAN J P JR & ame: CHARMAINE '1 ,. Location: 1025 RIDGE RD Mailing: 2728 AMSTERDAM RD COVINGTON KY 41017 4401 Appraisal Value Market Value: lIGIt1 Assessed Value: lI2:lHt ~ 0270 CI2fiII Exempt Amnt: "'JIll(" Taxable: Tax Value Ad Valorem: $1,750.5 Non ad valorem: $226.0 Total: $1,976.5 f'i!{;" ~: 00;(1 rsales Information ~ Sales Date Price l Mar-1987 $36,00 lIZSll 1561 _ lHIl.cI Legend Palm Beach County Property Map r--l P eI B d Map Scale 1 :858 ~ arc om ary ~ Lot nurrber Map produced on 4/30/2008 from PAPA http://www.pbcgov.com/papa http://gisweb.co.palm-beach. fl. us/ipapagis/presentati on/mapping/printnew. asp ?MAPURL=... 4/3012008 VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2,2008 (Noon) o May 6, 2008 April 14, 2008 (Noon) o July I, 2008 June 16, 2008 (Noon) [8J May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) ,',,, _.' I o June 3,2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) ::-' r"'-.. '; t.,,~_.,~ 0 Announcements/Presentations 0 City Manager's Report .,.- 0 0 ~ , NATURE OF Administrative New Business --.- AGENDA ITEM [8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve and execute by resolution Amendment No.2 of Task Order No. U04-14-02 with Mathews Consulting, Inc. (MCI). Amendment No.2 for $28,161 is compensation for additional data collection services provided by MCI for the Phase 1, Reclaimed Water System Project. EXPLANATION: Under the original task order, MCI completed a study that included an analysis of a proposed pipeline corridor, hydraulic modeling, a recommendation with a cost evaluation and completion of an Alternative Water Supply application for grant funding from the South Florida Water Management District (SFWMD). Amendment No.1 was approved by the City Commission on May 15, 2007 for MCI to provide design, permitting, bidding, inspections and construction phase services as the project moved forward. MCI completed the design after obtaining the necessary additional data listed below: . Survey information based on expanding the limits of the project location, and exploring alternative routes based upon customer preferences . Six (6) easement descriptions and sketches for location of the reclaimed water system outside the City's rights-of-way. These will be needed to procure the necessary permanent or temporary construction easements. . Additional soil borings required at the Lake \Vorth Drainage District aerial canal crossing . Additional underground utility locates (e.g. soft digs) All direct fees are based upon actual hours expended, multiplied by the approved contract rate for each Mel employee. Subcontractor fees for surveying and soft digs are substantiated by the attached documentation from the subcontractors. s f3LLLETI:'-. rOR~1SAG[NDA ITE\l RH)USr FUR \1. DC>C CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The SFWMD awarded a $1,500,000 grant for this project with specified construction deadlines; MCI was able to complete the design of Phase 1, Reclaimed Water System Project without unnecessary delays by obtaining the additional data in a timely manner. The project has been successfully bid through two (2) separate contracts; a Notice to Proceed for Contract 1 is being issued for May 5, 2008 and Contract 2 is on the May 6th commission agenda for City's award and approval. FISCAL IMPACT: Funds are available in Utilities Account #404-5000-590-96-11 REUI00. AL TERNA TIVES: MCI acted in good faith to procure the necessary data to complete the project design and maintain the critical schedule. Utilities staff recommends the approval of Amendment No.2 to compensate MCI for their additional services; there is no alternative. ;b~ .r~/otP- ~~ Kofi Boateng, Utilities Director City Manager's Signature Assistant to City Manager ~ ~- ~~ Ci Attorney / Finane' , xc: Kofi Boateng, Utilities Director Pete Mazzella, Deputy Utilities Director Barb Conboy, Utilities Manager Finance/Admin Karen Riseley, Contract Administrator (Project File) SBl'LLETI,\; FOR\1SACL,\;DA ITL\l REl)l'EST HlR\1 DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF AMENDMENT 2 TO TASK ORDER 6 NO. U-04-14-02 IN AN AMOUNT NOT TO EXCEED 7 $28,161.00 TO MATHEWS CONSULTING, INC., FOR 8 ADDITIONAL DATA COLLECTION SERVICES 9 PROVIDED FOR THE PHASE 1 RECLAIMED WATER 10 SYSTEM PROJECT; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, on February 28, 2006, the City Commission approved via Resolution 15 R06-054, Task Order U04-14-02 with Mathews Consulting, Inc., for the purpose of 16 developing the Supplemental Phase 1 Reclaimed Water System Plan; and 17 WHEREAS, on May 15,2007, the City Commission approved via Resolution R07- 18 055, Amendment No. 1 to Task Order U04-14-2 to provide design, permitting, bidding, 19 inspections and construction phase services as the project moved forward; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon 21 recommendation of staff, deems it to be in the best interest of the citizens of the City of 22 Boynton Beach to approve and authorize execution of Amendment No.2 to Task Order 23 U04-14-02 in an amount not to exceed $28,161.00 to Mathews Consulting, Inc. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does S,\CA\RESOlAgreements\Task - Change Orders\Mathews - Amendment 2 to TO U04-14-02,doc 1 hereby approve and authorize execution of Amendment NO.2 to Task Order U04-] 4-02 In 2 an amount not to exceed $28,161.00 to Mathews Consulting, Inc., for additional data 3 collection services provided by Mathews Consulting, Inc., for the Phase I Reclaimed Water 4 System Project. 5 Section 3. This Resolution shall become effective immediately upon passage. 6 PASSED AND ADOPTED this _ day of May, 2008. 7 8 CITY OF BOYNTON BEACH. FLORIDA 9 10 11 Mayor - Jerry Taylor 12 13 14 Vice Mayor - Jose Rodriguez 15 16 17 Commissioner - Ronald Weiland 18 19 _.~--~----- 20 Commissioner - Woodrow L. Hay 21 22 23 Commissioner - Marlene Ross 24 25 ATTEST: 26 27 28 29 Janet M. Prainito, CMC 30 City Clerk 31 32 33 34 (Corporate Seal) 35 S\CAIRESOlAgreementslTask - Change Orders\Mathews - Amendment 2 to TO U04-14-02 doc TASK ORDER NO, U04-'4-o2 (AMENDMENT No, 2) - PHASE I RECLAIMED WATER SYSTEM Task Order No. U04-14-02 (Amendment No.2) Phase I Reclaimed Water System A. Background Mathews Consulting completed the design for the Phase J Reclaimed Water System. During the design process, additional infonnation was required to be collected in order to complete the design. This Amendment No.2 to Task Order No. U04-14-02 provides the scope of work and fees for additional data collection services for the Phase I Reclaimed Water System. The following is a brief description of the additional services: . Additional survey infonnation was required based on ex.l'anding the limits of the project location based on tie-in locations of existing reclaimed water mains, meter box locations, and obtaining additional survey infonnation along 13th A venue lmd SW 3rd Street. . A total of six (6) easement descriptions and sketches were required for location of the reclaimed water system outside of City R-O-W. . Additional soil borings were required at the L WOO aerial canal crossing for the pilings. The original design intention was to attach the piping to the: existing bridge, however it was determined the bridge is not structurally sound and will be decommissioned in the future. . Additional underground utility locates (e.g. soft digs) were required due to underground utility conflicts. This was covered as an allowance in Amendment I. B. Scope of Services The Engineering Services of Mathews Consulting, Inc. (CONSULTANT) shall include the following tasks: . Task I - Data Collection The specific scope of services to be provided by CONSULTANT in this Task Order Amendment includes the following: Task 1 . Data Collection Subtask 1.1 Topographical Survey CONSULTANT shall fumish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. This control will be referenced from the Palm Beach County Control Network, which is the North American Datum of 1983 on the 1990 adjustment. All existing faCilities and utilities within the full right-of-way of the design limits will be referenced by baseline station with an offset distance (left or right) from the baseline for the project. Surveying and legal work is also required to prepare document(s) for and to secure easements (temporary for construction and/or pennanent) required for installation of the piping and improvements. 4/16/2008 1 ~ ~o~~l&~g.,I,~:. TASK ORDER NO, UQ4.14.(l2 (AMENDMENT No.2) - PHASE I RECLAIMED WATER SYSTEr: The above topographical survey data will be prepared in AutoCAD (Version 2005) fom1at at a scale of ]"=20'. Subtask 1.2 Geotechnical CONSULTANT shall furnish the services of a professional geotechnical engineer to provide subsurface investigations (data shall be incorporated into the design documents) of the project area. Subtask 1.3 Field Verification CONSULTANT shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal, vertical, width and depth data of affected utilities within the project limits. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November] 8, 2003 between the City of Boynton Beach and Mathews Consulting, Inc. G. Compensation Compensation by the CITY to the CONSULTANT for all tasks will be on a Not-to-Exceed (time utilized) basis in accordance with the above mentioned Agreement. The estimated compensation for the services described in this Amendment No.2 to Task Order U04-] 4-02 is $28,1 61.00 as shown in Table 1 below and detailed in Attachment I. TABLE 1: LABOR AND EXPENSE SUMMARY Labor Labor Expenses Total Cost Hours Cost Task 1 - Data Collection 8 $ 1,040 $ 17,606 $18,646 Utility Location Allowance $9,515 $9,515 I $ 27,121 $ 28,161 Totals 8 $ 1,040 I '") MATHEWS 4116/2008 ~ CO~.~YbI!~9.^,I.~:, TASK ORDER NO. U04-14-{)2 (AMENDMENT No, 2) - PHASE I RECLAIMED WATER SYSTEM APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner City Manager Dated this _day of ,2008. SUBMITTED BY: Mathews Consulting, Inc. By: Rene L. Mathews, P.E. President Dated this _day of ,2008. 4/16/2008 3 t:? ~o~~l&~.9~.I.~:. City of Boynton Beacl, Task Order No, U04-14-1)2 (Amendment Nn. 2) Phase J Reclaimed Water Syslem Proiect Summar\' Fees Labor Classification and Hout1V Rates -- Sentor Prioopal Semor F16ld Resident Senior Cadd Admin. Sub- Engineer Engmeer Repres Inspector Eng Tech Designer Suppa" Total Consultant Reimbursable Task No Tesk Des_lion $130 $120 S94 S75 S85 $aO S50 Labor ServIces Expenses 1 Data Collec:tJon -'---'- ----- -, .. ~-- -~ '---- - ""~ --..---- __,., T ooooraphical Survey & Easement Descriptions 4 $520 -~ ~---'-_.~- 1.2 Geotechnical 4 -- -0- ----0- S520 $1.805 Subtotal 8 0 0 . ---2__ . _....2_ S1,040,_, S16,006 - ----~- -- - --.- ----- -- - -- '----.~-- --------,_.- 1----------- __~_I-- n '___,n Labar SubtoUiI Haurs 8 0 -il- -----0--.. - -- 0 0 0 -. ---",.-.-----"- - Labor Subtotal Costs $1,040 SO SO __...$.P___ _,~!.O__, -. $0 SO S1040 S16.005 -.- .'.------ Labor Total Costs $1040 -_.~- -- -- - ------ ------ -.- .---- Subconsullant Costs To,," $16,005 --- -- ---- -' --.---- -- ---- ------ ---- SubCOnsuhanl Multiplier - 11 -,..- _....._--_.~ ---- ~--'- --- ,---, -....,-----i----,-- --_ ______ Subconsultant Total $17,606 ------- ---- -.--.-- ---,- --~-----+-_._-, UtJ:ltty LocaUon Allow.nee $9,515 i ! I : ' I 'i' Reimbursable Expenael SO i I Project T oUlI S28,161 i I Attachment 1 Mathews Consulting Dennis J. Leavy & Associates, Inc. Invoice 460 Business Park Way, Suite D Royal Palm Beach, FL 33411 DATE INVOICE # Phone : (561) 753-0650 2/2812008 15511 BILL TO Mathews Consulting Inc. 1475 Centrepark Blvd. #250 West Palm Beach. FL 33401 P.O. NO. TERMS DUE DATE PROJECT MC#1420 Net 30 3/29/2008 07-035 City of Boyn Bch PH1 Ree... ITEM DESCRIPTION QTY RATE AMOUNT SKETCH & DESC Prepare a description accompanied by a sketch for reelaimed water 6 325.00 1.950.00 main service locations. THANK YOU FOR YOUR BUSINESS. I Total $1,950.00 UIL,.. DUNKELBERGER ENGINEERING & TESTING, INC. 1225 Omar Road, West Palm Beach, FL 33405 Invoice No, 35399 Phone: (561) 689-4299 Fax: {561} 689-5955 Invoice Date January 30, 2008 To: Mathews Consulting, Inc. O~ 1475 Centrepark Blvd. pc-__ Suite 250 ~-I:J-o'O West Palm Beach, FL 33401 Attention: David Mathews, P.E. ft l'f 2.-? Project: WPB-07 -7065 Reclaimed Water System. Phase I B...y...+ " City of Boynton Beach, Florida -T.... > Ie. .1. - D":+... C - i1 Co :::I:.. .., Project Manager: Jason Dubois Professional Services for the Period: 1/1/2008 to 1/2512008 Bill Group: 21.2 Geotechnical Services Contract Amounl $1,805.00 Percent Complete 100.00% Fee Earned SI,805.00 Prior Fee Billings $0.00 Current Fee Total $1,805.00 Project Totals: Total Project Invoice Amount $1,805.00 Page 1 Dennis J. Leavy & Associates, Inc. Invoice 460 Business Park Way I Suite D Royal Palm Beach, FL 33411 DATE INVOICE # Phone: (561) 753-0650 212612008 15509 BILL TO Mathews Consulting Inc. 1475 Centrepark Blvd, #250 West Palm Beach, FL 33401 P.O. NO. TERMS DUE DATE PROJECT MC#1420 Net 30 312712008 07..Q35 City of Boyn Bch PH1 Rec... ITEM DESCRIPTION QTY RATE AMOUNT Unit Field Crew 01/15/08 through 2/19/08 - Obtain additional topography along 13th 2,265 4.00 9,060.00 Avenue and SW 3rd Street and prepare survey. Unit Field Crew 01/15108 through 2/19/08 - Obtain additional topography and locations 720.00 720.00 at Congress Avenue near the Bethesda site. Unit Field Crew 01/15/08 through 2/19/08 - Obtain topography along existing road 780.00 780.00 through cemetery south of Woolbright Road, west of Sea crest Blvd. Unit Field Crew 01/15/08 through 2/19/08 - Obtain additional topography and locations 725.00 725.00 at Congress Avenue and SW 35th Avenue intersection. Unit Field Crew 01/15108 through 2/19/08 - Obtain additional topography and locations 725.00 725.00 west of existing tennis courts south of Palmland Drive, Unit Field Crew 01/15108 through 2/19108 - Obtain additional topography and locations 240.00 240.00 at Congress Avenue and Golf Road intersection. THANK YOU FOR YOUR BUSINESS. I Total $12,250.00 VI.-CONSENT AGENDA ITEM C.5 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) cgj May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM cgj Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D . RECOMMENDA TION: Motion to approve task order #U08-01-04 with Arcadis U.S. Inc to drill a replacement raw water well, #12E, for the sum of $482,165. EXPLANATION: Well12E is situated in the grounds of Forest Park Elementary School. The utility has been working to shallow up a number of the deeper wells in the eastern well field in order to minimize the risk of salt water intrusion. Due to the underground formation and the type of well construction there were problems with the original well resulting in the need to abandon it. We now wish to replace this well at a new location some 100 feet to the south within our existing easement. Arcadis has been retained under our existing consulting agreements to undertake this task on a designlbuild basis. They will therefore manage the entire project, including permitting, bidding and construction management. Pricing for the drilling has been determined through their bidding process. The designlbuild approach is being utilized in order to construct the well during the school's summer break and achieve completion by August 1,2008. PROGRAM IMPACT: The eastern well field is required to produce an average of 8MGD of raw water for treatment at the East Water Treatment Plant. The wells in the ball field and the school have the best potential for long term cost efficient production. A potential area of concern is up-coning; this is when a deep well causes salt water below the aquifer to be drawn up into the production zone. The utility has a computer model to do this analysis, and it shows conclusively the benefit of raising the zone that we pump from on reducing the risk of up-coning. Well12E is considered one of the best options for long term use following implementation of the water supply plan. FISCAL IMPACT: Funds for this work will come from account # 403-5000-590-96-02-WTR075 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERN A TIVES: The alternative is to not replace this well. Since we also have concerns from the geological studies taken at the time of drilling about raising 14E successfully this would mean shutting down one of our potentially better fields permanently, 1<,: ;1- .../t;../ r/lluy i~ t Head's Signature CIty Manager's SIgnature Assistant to City Manager [,; ! f if', 1 ('c,\:'\(,[ "ilA Ifl:\1 REQUEST FORM DOC TASK ORDER NO. U08-01-04 City of Boynton Beach East Water Treatment Plant Construction of Replacement Well 12E. A. Background ARCADIS is pleased to submit this proposal for "design build" services in connection with the replacement of Well 12 E at the City of Boynton Beach, East Water Treatment Plant (WTP) Wellfield. The existing Well 12 E has been abandoned and the City requires the well to be replaced in-kind as close to the same site as possible. The well is located near the west boundary of the Forest Park Elementary School site. It is important that all construction is completed before school commences. Therefore, the City requires completion of all drilling, mechanical and civil construction work prior to August 1,2008. Authorization to proceed must be issued by May 20,2008 to meet this schedule. This timetable necessitates a "fast track" approach; therefore all construction contracts are to be held and administered by ARCADIS. Preliminary design discussion meetings have already been held, and initial selection of a well construction subcontractor via a competitive proposal process has been completed. The City has requested that all electrical and instrumentation services associated with this replacement well be provided by DCR Engineering Services Inc., the City's preferred instrumentation contractor who is fully familiar with the wellfield. ARCADIS will subcontract DCR Engineering Services. ARCADIS shall perform the services as outlined below for the City of Boynton Beach, hereinafter referred to as the City. B. Scope of Services ARCADIS understands that the project will include: design, construction and start-up of a new well, mechanical piping, electrical and instrumentation, site work; solicitation Page 1 of6 of prices for work to be performed; liaison with the South Florida Water Management District for permitting the replacement well; construction of well and associated piping and surface devices. The following items or activities shall be performed by ARCADIS and its team: Task 1 - Design Services Prepare preliminary plans and technical specifications for the proposed well. The design shall include the following: a. Replacement well with final cased and screened diameter of 16 inches outside diameter to approximately 100 feet below land surface. b. Piping and fittings from well head to raw water main including gate valve, check valve, meter and tapping valve for 30-inch diameter raw water main. e. Surface equipment including 6-foot fence with 8-foot wide gate access on the east side, concrete slab for piping, SCADA panel and electrical panel. d. Electrical service from Well 14 E to Well 12 E. e. Survey location for new Well 12 E. Task 2 - Permitting Services The siting of the replacement well and proposed well design modifications make necessary the preparation and submittal of a letter modification to the South Florida Water Management District. ARCADIS will ensure the well construction subcontractor submits a well construction permit application to the Palm Beach County Health Department (PBCHD), and will act as the City's liaison with the permitting agencies during the permitting process. Task 3 Construction Administration ARCADIS will be responsible for construction administration for both construction subcontracts and will provide the following services: Pre-construction Meeting. ARCADIS will hold one pre-construction conference with both contractors present. ARCADIS will be responsible for preparing the agenda, chairing and preparing minutes from the meeting. Attendance by the City's Project Manager will be required to ensure all City requirements are addressed. This meeting will be the formal "kick-off' meeting for the project. Bi-Monthh Pro!2ress Meetings. ARCADIS \vill conduct joint bi-monthly progress meetings with the awarded contractors, and the City's Project Manager to ensure the Page 2 of 6 construction schedule is met and all issues that arise are dealt with in a timely manner. ARCADIS will be responsible for preparing the agenda, chairing and preparing minutes from the meetings. Submittal Review. ARCADIS will review submittals from the subcontractors including shop drawings, product data, schedules, and progress payments. ARCADIS will distribute copies of all approved submittals to the City. Pav Reauests. ARCADIS will make payment directly to the Contractors. Copies of all contractor payments made will be produced to support all monthly invoices made to the City. Requests for Information. ARCADIS will review and respond to Requests for Information (RFI) and Clarification submitted by the Contractors. Field and Change Orders. ARCADIS will issue field change orders, requests for quotation, work change directives, and change orders as needed throughout the project. If Change Orders financially impact the project, ARCADIS will request a meeting with the City to review contract modifications prior to approval. An owner-controlled allowance is included under this task order to set against any additional costs. Task 4 . Construction Observation Services ARCADIS will provide all necessary construction oversight services required for both construction subcontracts to ensure compliance with the specifications. Observation services will be provided on an as-needed basis, ensuring all critical construction activities are inspected. This will include the use of qualified field geologists to ensure correct selection of well depth, screen and gravel pack design, well development and testing so that we are confident that the optimum possible well yield with acceptable sand concentrations is obtained from the replacement well. Task 5 - Well Handover and Final Reports Task 5a Proiect Close Out and Start-Up ARCADIS shall conduct project close-out services including: . Conducting substantial completion and final completion inspection and issuing punch lists following each inspection. . Reviewing final close-out change orders and payment requests from the Contractor for agreement with the City. . Obtaining final water quality (bacteriological) sampling in accordance with PBCHD requirements. . Conducting one walk-through inspection with City Utility staff prior to final acceptance by the City. Task 5b Final Report and O&M Manual. ARCADIS shall produce a final report and basic O&M manual for the operation of the well. The final report shall be a technical memo that summarizes well construction, geology, gravel and screen Page 3 of6 design, pumping test results, baseline well performance and water quality results. As-built information provided by the subcontractors will be incorporated into a final set of Record Drawings which will also form part of the O&M manual. C. Assumptions The above scope is predicated on the assumption that the City shall furnish, at no cost to ARCADIS, all available pertinent information including previous reports, plans, specifications, permits and other data relevant to the performance of the above services for the project. In addition, the City shall designate, in writing, a person to act as the representative for services performed under this agreement. ARCADIS also assumes the following: 1. The City will be responsible for providing a fully functional pump, re-trimmed if necessary and ready for installation. 2. The City will be the liaison for access on the school property. 3. Adequate access is available for completion of all construction, including required lay-down areas for drilling construction. 4. ARCADIS will be responsible for obtaining a well construction permit from PBCHD (via the well contractor), a modification to the SFWMD water use permit, and required electrical permits (via DCR Engineering). It is assumed that general building department permits for the wellhead construction, fencing, and associated piping are not required 5. The well is currently permitted for a depth of 100 feet bls. D. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated November 18, 2003, and amended with revised labor rates dated February 2008, between the City of Boynton Beach and ARCADIS U.S., Inc. E. Additional Services An owner-controlled allowance of $50,000 has been provided to allow for any additional work not covered by this task order. If additional services are required in the performance of the above scope of services, which must be sublet, ARCADIS shall order the work after obtaining written authorization from the City. If ARCADlS is requested to subcontract any work directly, then a 10% markup will be applied to the subcontractor invoice for risk and coordination services provided ARCADIS. Page 4 of6 F. Fees ARCADIS Fees for the described tasks are summarized below. Lump-sum prices are proposed. Actual construction sub-contract cost with a mark-up of 10% will be applied to all construction sub-contracts to cover all costs associated with administering these sub-contracts. There are some variables in the construction of the well regarding the depth of the pilot hole, depth of reamed hole, depth of outer casing, depth of inner casing, depth of screening, the quantity of gravel required, additional development time, stand-by time, and hours of step rate testing. A lump-sum contract with additive I deductive amounts for these quantities is proposed. Due to this uncertainty, a construction contingency sum for these unforeseen items is included within the owner-controlled allowance. The fees for this work will be per task as follows: Eneineerine Services Labor Expense Total Task 1 -Design Services $11,727 $440 $12,167 Task 2 - Permitting Services $4,760 $110 $4,870 Task 3 - Construction Administration $11,910 $385 $12,295 Task 4 - Construction Oversight $34,389 $2,365 $36,754 Task 5a - Proiect Close-out and Start-Up $8,994 $385 $9,379 Task 5b - Final Report and O&M Manual $11,051 $550 $11,601 Engineer Sub-Total $87,066 Well Construction Sub-Contract $251,900 Electrical I&C Sub-Contract $93,198 Construction Sub-Total $345,098 Construction and Enxineer Sub-Total $432,165 Owner-controlled allowance $50,000 TOTAL $482,165 H. Schedule ARCADIS will begin work immediately following receipt of the notice to proceed. A project schedule will be delivered by the project team and submitted to the City within 10 days of NTP. The schedule will be prepared with the target completion date of 1 August 2008 for completion of all well construction. Page 5 of6 APPROVED BY: CITY OF BOYNTON BEACH By: Kurt Bressner, City Manager Dated this day of ,2008 SUBMITTED BY: ARCADIS U.S., INe. I~~I..../~ By: Thomas L. Tessier, P.G., Vice President Dated this 1 st day of May ,2008 By: ..a Dated this MA'1 ,2008 Page 6 of6 04/21/2008 14:03 8137413170 A C SCHULTES PAGE 13 {~ " t SCIlEDULE A. UNIT PRICE CON'J1tAcr PROPOSER wiD c:omplete the Won: for the foUowiDg aDit priee($>: ITEM ESTlMA'IED 1JNJT EXTEl'IDED NO. DESCRII'TfON QUAN'lII1ES 1lNU PRICE AMOUNT 1. Provide all equipnaeat, materials aad 1 Ea. labor~ to iMDIl. t.e.V .NI......... CJPmltiDllal ReplacemeDt Well11E, iDdadIq tJNl wdl pad, weIIbad aDd "'"-llGCS,pamp~ meter, pipiDg IlIId pipe mpports, tap b;J 3I-iIIeh n. ......., ~ ~ I""""'" aDd eoordlMtioa wId1 eIectrbI .. COIltroI COIrtntctor BT/DeR, ,0 accordiq to tile / ,~ IfJ(J. - /81!J. ~ . -" S~ :L MobllbatlRa (W;')J~ 1 16 ~ ~ (35%) <{( tx.V . 'It; ~ . DepCh and tDlltaiIl ~ aro..ppllWmade. TOTAL $ Ut t:JI)l) . ~o \ --+- Tulll. .. words; AD.JIJSTMENTS: For more or less 1ban 1-10 feet ofriot hole $ S- := 1ft For JDOre or less tbaD 90 fild ofraaed hole IDlIlDstalled ouIer casiDg $ ~~ 1ft Por more or less than 90 feet of installed iImer ~ $ }o,? 1ft For tnQR or _1bID 45 feet ofrearned hole -' iDIIalW (40 feet of) gmwl-paclbd "M:ll ..... saecn 8Dd (an additioml 5 fbt of~ot, 'tigJltwfDd') sump $~Ift For Adc:IitioaaI d.w1opmeDt time (pater than 100 hours) if diRlctcd by die ~ $~Ihr For stlIndhy lime if direeted by the BIlsi- -" s ~r"b · /br For day Tate for rig time it'dlrw:1ed by the Engineer -" $ .3 rW. lday . For more or less than 4 boon; of~ resting and S hours of OOntI:Iut-rale Ulsting (DOt S - Ihr iDcIuding recovery time after each test) .3.sZ1 , Prices sha1l TerDUin VDlid for 90 days. BF-J] . PO. Box 935 DC R Engineering 502 County Road 640 East Mulberry, Florida 33860 Telephone 663.428.8080 _ Services, Inc. Fax 663.428.8036 April 21 , 2008 Mr. Jay Ameno Associate VP Arcadis G&M, Inc. 2081 Vista Parkway West Palm Beach, FL 33411 Re: Boynton Beach Well 12E Relocation Mr. Ameno: Please accept this proposal per our discussions and walkthrough for the City of Boynton Beach Well 12E relocation. We have included all design, engineering, submittals, manufacturing, installation, RTU programming, Central programming, HMI programming, software licensing, instrument calibration, startup and acceptance testing. RTUs include radio programming, setup and calibrated installed antennas. We have included the following: 1. Installation of an in ground junction box 15' - 20' north of the old well on the existing feeder conduit. 2. Furnish and install a 2" PVC conduits underground with GRS elbows from the new junction box to the new well location . 3. Remove the existing conductors from the existing feeder conduit from we1l14E. 4. Fumish and install new copper conductors wI ground between the new well 12E and well 14E. 5. Fumish and install a new well pump control panel a. Up to 30HP, 480VAC, 22KAIC, 100A, UL Rated Simplex Pump Control Panel b. Main Disconnecting breaker c. Soft starter with bypass contactor d. 1500V A Control Transformer e, Integrated Remote Telemetry Unit f. Antenna and infrastructure g, Convenience Receptacle and Lighting switch h Surge suppression 6. Fumish a 8" magnetic flow meter for installation by others 7. Fumish and install a 100 watt lighting fixture 8. Installation of motor, lighting and instrument conduits and wiring. 9. Well pump motor terminations 10. Furnish and install a new ground grid; bonding of equipment and fencing. We have included delivered equipment, installation, startup and checkout services. We expect 6-8 weeks for completion. rJJ0 AD " "~ .....__.T' ,~" 'L ~ OCR EnfI.-.,." - ..,.... '-- Page 2 of 2 March 18, 2008 The total price for these professional services is $83,887.00. Applicable sales tax is included in this price. We have not included any finance charges in our pricing; if retainage is required, please add 1% to the pricing above. Terms are 85% upon installation, 15% upon acceptance by the City. Thank you for the opportunity to provide you with this proposal. We look forward to working with you on this project. As always, feel free to contact me if you have any questions. Regards, Kevin Mathes SCADA Manager OCR Engineering Services, Inc. (863) 581-4902 @MOSCAD 'M ~L' INSTRUCTIONS TO PROPOSERS l. DEFINED TERMS Terms used in these Instructions to Proposers which are defined in the General Conditions of the contract have the meanings assigned to them in the General Conditions. The term "PROPOSER" means one who submits a proposal directly to the ENGINEER (ARCADIS U.S., Inc.), as distinct from a "subcontractor", who submits a Proposal to a PROPOSER. The term "Successful Proposer" means the qualified, responsible PROPOSER to whom ENGINEER (on the basis of the ENGINEER'S evaluation as hereinafter provided) makes an award. The term "Proposal Documents" includes the Request for Proposal, Instructions to Proposers, the Proposal Form, Specifications, Construction Detail (well drawing), General Conditions and the Contract Documents (including all Addenda issued prior to receipt of Proposal). 2. COPIES OF PROPOSAL DOCUMENTS 2.l. Complete sets of the Proposal Documents stated in the Request for Proposal may be obtained from the ENGINEER and may be viewed at offices ofthe ENGINEER. 2.2. Complete sets of Proposal Documents shall be used in preparing Proposals; neither OWNER (City of Boynton Beach Utilities Department) nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. 2.3. The ENGINEER in making copies of Proposal Documents available on the above terms does so only for the purpose of obtaining Proposals on the Work and does not confer a license or grant any other use. 3. OUALIFICA TIONS OF PROPOSERS Contractors proposing the work shall demonstrate that they have satisfactorily complete at least three similar projects within the previous 2 years and shall in their Proposals (and upon request of ENGINEER provide letters from) Public Entity Owners and/or Engineers who can verify the Contractor's performance. Letters shall include the project scope, Contract amount, date of notice to proceed, date of project final completion, number and amount of change orders and magnitude of assessed liquidated damages, if applicable. Letters shall be similar to that provided in the Proposal Form. Failure to identify these references will be cause for rejection. The ENGINEER will review said letters, references and qualifications and may reject any Proposal if these qualifications and references do not adequately support the Contractor and, if, in the opinion of ENGINEER or OWNER, that it is in the OWNER's best interest to reject said proposal. Each PROPOSER shall provide documentation in the Proposal submittal to demonstrate qualifications to perform the Work, each PROPOSER must be prepared to submit, within five (5) days of ENGINEER's request, written evidence of the types set forth in the General Conditions, such as financial data, previous experience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Proposal must contain evidence of PROPOSER's qualification to do business in the State of Florida or covenant to obtain such qualification prior to award of the contract. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid or proposal on a contract to provide any goods or services to a public entity, may not submit a bid or proposal on a contract with public entity for the construction or repair of a public building or a public work, may not submit bids or proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months lB- ] from the date of being placed on the convicted vendor list. 4. EXAMINA nON OF CONTRACT DOCUMENTS AND SITE 4.] Before submitting a Proposal, each PROPOSER must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress or performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; (d) contact local governments and agencies where the Work is to take place to determine jf there are any applicable permits, licenses, fees or other requirements; and (e) study and carefully correlate PROPOSER's observations with the Contract Documents. The failure to be familiar with applicable laws will in no way relieve PROPOSER from responsibility with this provision. 4.2. Reference is made to the general requirements of the Specifications for the identification ofthose reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications, ENGINEER will make copies of such reports available to any PROPOSER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting his Proposal, each PROPOSER will, at his own expense, make such additional investigations and tests as the PROPOSER may deem necessary to determine his Proposal for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.3. On request in advance, OWNER will provide each PROPOSER access to the site to conduct such explorations, investigations and tests as each PROPOSER deems necessary for submission of his Proposal. PROPOSER shall fill all holes, clean up and restore the site to the former condition upon completion of such explorations. PROPOSER shall indemnify, protect, save and hold harmless ENGINEER and OWNER, and any and all of ENGINEER's and OWNER's respective directors, officers, employees and agents from and against all liabilities, obligations, claims, damages, costs and expenses, including, but not limited to, court costs, expert witness fees and attorneys' fees and expenses incurred pursuant to any such explorations, investigations and tests conducted by the PROPOSER and any and all of its agents and employees. 4.4. The submission of a Proposal will constitute an incontrovertible representation by the PROPOSER that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance ofthe Work. 5. INTERPRET A TIONS All questions about the meaning or intent of the Contract Documents shall be submitted to ENGINEER in writing. Replies will be issued by Addenda via mail, e-mail or delivered to all parties recorded by ENGINEER as having received the Proposal Documents. Questions received less than twenty-four (24) hours prior to the date for opening of Proposals will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID SECURITY 6.1. No Bid Bond is required. 6.2. The Successful PROPOSER shall furnish the required Certificate ofInsurance within fifteen (15) !B-2 days after the Notice of A ward. 7. CONTRACT TIME The date by which the Work is to be completed is set forth in the Proposal Form and will be included in the Agreement. 8. LIOUIDA TED DAMAGES PROPOSER is advised to consider the provisions of the Agreement as to liquidated damages in the event offailure to complete the Work on time. 9. SUBSTITUTE MATERIAL AND EQUIPMENT The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "equivalent or-equal" items, unless included in an Addendum (or Addenda). Whenever it is indicated in the Drawings or identified in the Specifications that a substitute "equivalent or-equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the "effective date of the Agreement". The procedure of submittal of any such application by CONTRACTOR and consideration by ENGINEER is set forth in paragraphs 6.7.1,6.7.2 and 6.7.3 of the General Conditions. 10. SUBCONTRACTORS, ETC. 10.1. If the General Conditions require the identity of certain Subcontractors and other persons and organizations to be submitted to OWNER in advance of the Notice of Award, the apparent Successful PROPOSER, and any other PROPOSER so requested, will within seven (7) days after the day of the Proposal opening submit to OWNER a list of all Subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the Work as to which such identification is so required. 10.2. No CONTRACTOR shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. 11. PROPOSAL FORM 11.1. The Proposal Form is attached hereto; additional copies may be obtained from the ENGINEER. I] .2. The Proposal Form must be completed legibly in ink or by typewriter. 11.3. Proposals by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or any assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4. Proposals by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5. All names must be typed or printed below the signature. 1B-3 ] 1.6. The Proposal shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Proposal Form). ] 1.7. The address to which communications regarding the Proposal are to be directed must be shown. ]2. PROPOSALS TO REMAIN OPEN All Proposals shall remain open for ninety (90) days after the day of Proposal opening, but OWNER may, in his sole discretion, release any Proposal prior to that date. 13. AWARD OF CONTRACT 13.1. The ENGINEER reserves the right to reject any or all Proposals, in whole or in part, with or without cause, to waive technical errors and informalities, or to accept the Proposal which in its judgment will best serve the public interest. The ENGINEER reserves the right to negotiate contract terms with the Successful PROPOSER. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 13.2. In evaluating Proposals, ENGINEER shall consider the qualifications of the PROPOSERS and, whether or not the Proposals comply with all of the requirements. It is the of the OWNER and ENGINEER to accept Alternate Proposal Items (if any are accepted) in the order in which they are listed in the Proposal form but they may be accepted in any order or combination. 13.3. The ENGINEER may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as provided in the General Conditions or Specifications. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the ENGINEER. 13.4. The ENGINEER may conduct such investigations as he deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications and financial ability of the PROPOSERS, proposed Subcontractors and other persons or organizations to do the Work in accordance with the Contract Documents of ENGINEER's satisfaction within the prescribed time. 13.5. The ENGINEER reserve the right to reject the Proposal of any PROPOSER who does not pass any such evaluation to OWNER's or ENGINEER's satisfaction. 13.6. If the contract is to be awarded, it will be awarded to the PROPOSER whose evaluation by the ENGINEER indicates that the award will be in the best interests of the Project and the award will not necessarily be the apparent low PROPOSER. 13.7. If the contract is to be awarded, the ENGINEER will give the Successful PROPOSER a Notice of Award within ninety (90) days after the day of the Proposal opening. 14. PUBLIC CONSTRUCTION BOND If required by the ENGINEER or OWNER, the Successful PROPOSER shall file with the ENGINEER a Public Construction Bond in the full amount ofthe Contract price in accordance with the requirements of Florida Statutes 255.05, as amended, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, during the warranty period following the date of final acceptance of the work by the OWNER. The Surety furnishing this bond shall have a sound !B-4 financial standing and a record of service satisfactory to the OWNER, and shall be authorized to do business in the State of Florida. The Surety must also be an entity included in the most recent United States Department of Treasury list of acceptable sureties. Surety provider will be required to utilize the bond form contained in this Proposal package. 15. CERTIFICA TE OF INSURANCE The successful PROPOSER shall file with the Owner a properly executed Certificate of Insurance demonstrating total compliance with Article 5 of the General Conditions. 16. SIGNING OF AGREEMENT When ENGINEER gives a Notice of A ward to the Successful PROPOSER, it will be accompanied by at least four (4) unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver at least four (4) counterparts of the Agreement to ENGINEER with all other Contract documents attached. IB-' ,~,_"",,,,,,,,=,,",,,,,,.,;Io;_,,,,,,,,,,,,,,..,,,,,,,'".b,,,~"'_',,,,~,,,,,""'_':'''~'',.i PROPOSAL FORM PROPOSER: PROJECT: Boynton Beach Replacement Well12E (l2E-R) DATE: THIS PROPOSAL IS SUBMITTED TO: ARCADIS U. S., Inc. 2081 Vista Parkway, #200 West Palm Beach, FL 334] I 1. The undersigned PROPOSER proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the ENGINEER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Proposal and in accordance with the other terms and conditions of the Contract Documents. 2. PROPOSER accepts all of the terms and conditions of the Invitation to Propose and Instructions to PROPOSERS. The Proposal will rernain open for ninety (90) days after the day of Proposal opening. PROPOSER will sign and submit the Agreement with Bonds and other documents required by the Proposal requirements within fifteen (15) days after the date of ENGINEER's Notice of Award. 3. In submitting this Proposal, PROPOSER represents, as more fully set forth in the Agreement, that: a. PROPOSER has examined copies of the Invitation to Propose, Instructions to Proposers, all the Contract Documents and the following addenda (receipt of all which is hereby acknowledged): DATE ADDENDUM NUMBER b. PROPOSER has examined the Contract Documents, the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as PROPOSER deems necessary. c. PROPOSER has contacted local governments and agencies where the Work is to take place and determined all required permits, licenses and fees. d. PROPOSER has obtained and reviewed all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise, and which may affect the cost, progress, performance or furnishing of the Work as PROPOSER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and SF-I conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by PROPOSER for such purposes. e. PROPOSER has reviewed and checked all information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data with respect of said Underground Facilities are or will be required by PROPOSER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3.1 of the General Conditions. f. PROPOSER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g. PROPOSER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to PROPOSER. h. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to submit a false or sham Proposal; PROPOSER has not solicited or induced any person, firm or corporation to refrain from proposing; and PROPOSER has not sought by collusion to obtain for itself any advantage over any other PROPOSER or over ENGINEER or OWNER. 4. a. PROPOSER agrees to perform all the Work described in the Contract Documents, subject to adjustments as provided therein, for the Prices PROPOSER provided on the Price Schedule attached hereto as Schedule A. b. If the Work is to be performed on a "unit price" basis, PROPOSER understands and agrees that the unit quantities shown on the Proposal Form Unit Price Schedule are approximate only, not guarantees and are subject to either increase or decrease; that should the quantities of any of the items of Work be increased, PROPOSER will perform the additional Work at the unit prices set out herein; that should the quantities be decreased, final payment shall be made on actual quantities completed at the unit prices; that it will make no claims for anticipated profits for an) decrease in the quantities; that final quantities installed shall be determined by the ENGINEER upon completion of the Work; and that OWNER or ENGINEER may elect to construct only a portion of the Work covered by the Contract Documents and in such event, PROPOSER will perform that portion of the Work for which PROPOSER is awarded a Contract at the unit prices quoted herein. 5. a. By executing the Contract, PROPOSER agrees that the Work will be complete by August 1. 2008. b. PROPOSER accepts the provisions of the Agreement regarding liquidated damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this Proposal: . Price Schedule, Schedule of Subcontractors, . Schedule of Suppliers, Equipment and Materials, . Debarred Firms Form, . and Questionnaire Sheet. BF-2 7. The terms used in this Proposal which are defined in the General Conditions included as part of the Contract Documents have the meanings ascribed to them in the General Conditions. 8. PROPOSER's Florida Contractor's License Number is 9. PROPOSER covenants that it is qualified to do business in the State of Florida and has attached evidence of PROPOSER's qualification to do business in the State of Florida. 10. The prices contained in the Proposal shall include all costs necessary to provide the Work described in the Contract Documents, including, but not limited to, labor, materials, equipment, overhead, profit and insurance. PROPOSER understands that the ENGINEER reserves the right to reject any or all Proposals in whole or in part, with or without cause, to waive any technical errors and informalities or to accept the Proposal which in its judgement best serves the interest of the OWNER. PROPOSER agrees that this Proposal shall be good and may not be withdrawn for a period of ninety (90) calendar days after the scheduled closing time for receiving Proposals. Upon receipt of Notice of Award, PROPOSER will execute the formal contract attached and deliver it with a Public Construction Bond (if required) and a Certificate of Insurance evidencing conformance with the contract requirements as required by Article 5 of the General Conditions within fifteen (15) days. The Proposal Security shall become the property of OWNER in the event the executed Contract, Public Construction Bond and Certificate of Insurance are not delivered within the time above set forth, as liquidated damages for delay and any additional expenses to OWNER caused thereby. By submission ofthis Proposal, each PROPOSER certifies, and in the case of a joint Proposal each party thereto certifies as to his own organization, that this Proposal has been arrived at independently, without consultation, communication or agreement as to any matter relating to this Proposal with any other Proposer or with any competition. BF-3 If PROPOSER is: AN INDIVIDUAL By (SEAL) (Individual's Name) doing business as Business address: Phone No. A PARTNERSHIP (SEAL) (Partnership Name) By (General Partner) Business address: Phone No. A CORPORATION (Corporation Name) (State oflncorporation) By (Name of Person Authorized to Sign) (Title) (CORPORATE SEAL) Attest (Secretary) Business address: Phone No. BF-4 A JOINT VENTURE (Joint Venture Name) By (Name) (Address) Phone No. By (Name) (Address) Phone No. (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). BF-5 LIST OF SUBCONTRACTORS List each subcontractor to be used on the Project. 1. Name of Firm Address Work to be Performed 2. Name ofFjrm Address Work to be Performed 3. Name of Firm Address Work to be Performed 4. Name of Firm Address Work to be Performed 5. Name of Firm Address Work to be Performed 6. Name of Firm Address Work to be Performed 7. Name of Firm Address Work to be Performed Failure to complete the above form shall be sufficient cause for Proposal rejection. BF-6 SCHEDULE OF SUPPLIERS, EQUIPMENT AND MATERIALS List Suppliers and Manufacturers to be used on the Project Failure to utilize suppliers, equipment and manufacturers listed in the Technical Specifications shall be cause for Proposal rejection BF-7 DEBARRED FIRMS The undersigned hereby certifies that the firm of has not and will not award a subcontract, in connection with any contract awarded to it as the result of this Proposal, to any firm that has been debarred for non-compliance with the Federal Labor Standards, Title VI of the Civil Rights Act of 1964, Executive Order 11246 as amended or any other Federal Law. Name of Firm Submitting Proposal Signature of Authorized Official Title Date BF-8 QUESTIONNAIRE SHEET The undersigned guarantees the truth and accuracy of all statements and answers herein contained. Incomplete, inadequate or false questionnaire sheets may be cause for Proposal rejection. I. How many years has your organization been in business as a general contractor? 2. What are the last three projects ofthis nature that you have completed? 3. Have you ever failed to complete work awarded to you; if so, where and why? 4. The following are named as three corporations or Individuals with telephone numbers and addresses for which you have performed work in Palm Beach County and to which you refer: 5. Have your employees or agents personally inspected the proposed work? 6. Has your organization prepared a complete plan for its performance of this project? Please explain. 7. Name the on-site project superintendent you will utilize for this job and that person's qualifications including years directly employed by PROPOSER. Name three corporations or individuals (telephone numbers and address) who will verify this superintendent's experience with similar projects. BF-9 8. The following is given as a summary of the Financial Statement ofthe undersigned. (List assets and liabilities and use insert sheet if necessary.) 9. State the true, exact, correct and complete name of the partnership, corporation, or trade name under which you do business, and the address of the place of business. (I f a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. Ifa trade name, state the names of the individuals who do business under the trade name.) It is absolutely necessary that this information be furnished. a. The correct name of PROPOSER is b. The business is a c. The address or principal place of business is: d. The names of the corporate officers, or partners, or individuals doing business under a trade name are as follows: Name Title Name Title Name Title Name Title PROPOSER BF-IO SCHEDULE A - UNIT PRICE CONTRACT PROPOSER will complete the Work for the following unit price(s): ITEM ESTIMA TED UNIT EXTENDED NO. DESCRIPTION QUANTITIES UNIT PRICE AMOUNT 1. Provide all equipment, materials and 1 Ea. labor necessary to install, test and make operational Replacement Well12E, including the well pad, wellhead and appurtenances, pump installation, meter, piping and pipe supports, tap to 30-inch raw water main, fencing, landscaping, restoration, and coordination with electrical & control contractor HT/DcR, all according to the Specifications 2. Mobilization (65%) I Demobilization 1 LS (35%) Depth and material quantities are approximate. TOTAL $ Total in words: ADJUSTMENTS: For more or less than 140 feet of pilot hole $ 1ft For more or less than 90 feet of reamed hole and installed outer casing $ 1ft For more or less than 90 feet of installed inner casing $ 1ft For more or less than 45 feet of reamed hole and installed (40 feet of) gravel-packed well screen and (an additional 5 feet of zero-slot, 'tightwind') sump $ 1ft F or additional development time (greater than 100 hours) if directed by the Engineer $ /hr For standby time if directed by the Engineer $ /hr For day rate for rig time if directed by the Engineer $ Iday For more or less than 4 hours of step-rate testing and 8 hours of constant-rate testing (not $ /hr including recovery time after each test) Prices shall remain valid for 90 days. BF-II In order to complete the Work by August I, 2008 and assuming that Work can be performed only during weekdays during daylight hours, we need to receive notice to proceed by (insert date) and be allowed to mobilize to the site by (insert date). In order to complete the Work by August I, 2008 and assuming that Work can be performed only during weekdays during daylight hours, we need to receive notice to proceed by _ (insert date) and be allowed to mobilize to the site by (insert date). Firm: Signed: Print: BF-12 Boynton Beach Replacement Well ]2E SECTION 11200 SPECIFICATIONS FOR REPLACEMENT OF PRODUCTION WELL 12E BOYNTON BEACH, FLORIDA PART 1 - GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, equipment and material required for the replacement of one (1) gravel-packed, screened, potable water supply wells as shown in the construction drawings and specified herein as water supply Production Well (PW-) 12E-R (Replacement). Furnish all labor, material and equipment required to develop and disinfect (treat) Well 12E-R. All labor, material, equipment and operations included in this section shall be in accordance with American Water Works Association (A WW A) Standards for Deep Wells (A WW A A 100-90 or most recent revision) which the present specifications supplement or modify to fit the particular need or conditions to be encountered in the proposed work. Work shall also conform to Florida Department of Environmental Protection (FDEP) Chapters 62-531, 62-532, 62-550, 62-555 and 62-560 of the Florida Administrative Code (F.A,C.) and all other applicable regulations. Base bid shall be based on the estimated data given hereinafter. B, Replacement Production Well 12E-R shall be constructed after existing Well 12E has been properly abandoned by the City of Boynton Beach C. Furnish all labor, equipment and materials required for providing the new well concrete slab, pump support pedestal and pipe supports. D. Provide labor, equipment and necessary materials for installation of the well pump, meter, valves, gauges, column pipe, fittings, painting, restoration, site fencing and all incidentals to complete the work as required. E. Furnish all labor, equipment and materials to connect above-ground piping assembly for the new well to the existing raw water main using an 8-inch by 30- inch wet tap. F. Provide all labor, materials and equipment necessary to provide the required testing and start-up as specified herein and in the Contract Drawings. G, All site work including wellhead completion, electrical installation and bacteriological testing shall be completed by August 1, 2008. 11200 TS-I G:\AProJects\WR\WF PROJECTS\WF089000.0000. Boynton Beach\Proposal Docs\11200 Replacement WeIl12E-final.doc Boynton Beach Replacement Well12E 1.02 PERMITS A. Upon notice of award, the Contractor shall immediately apply for all construction permits required to drill the water supply well from the South Florida Water Management District. No drilling operations shall be commenced until these permits have been obtained. Contractor also shall be responsible for securing proper occupational licenses and/or permits. The Contractor shall submit copies of the permits to the Owner and Engineer prior to commencement of drilling. The Contractor shall be solely responsible for all costs, time delays and expenses to obtain all permits, certificates and licenses necessary. 1.03 GENERAL A. The Contractor shall satisfY himself regarding all local conditions affecting his work by personal investigation and neither the information on local geology, nor that derived from maps or plans, nor from any other parties shall act to relieve the Contractor of any responsibility of the Contract and Technical Specifications. B. The Contractor shall cooperate with the Owner and public and private utility companies in keeping their respective services and facilities in operation. The Contractor shall repair damaged utilities to the satisfaction of the utility owner. C. The Contractor shall not interrupt existing utilities service or facilities occupied and used by the Owner or others, except when permitted in writing by the Engineer and then only after acceptable temporary utility services have been provided. The Contractor shall locate existing underground utilities in the areas of work. If utilities are to remain in place, the Contractor shall provide adequate means of protecting them during excavation operations. Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, the Contractor shall consult the utility owner immediately for directions. D. Preparation: Contractor shall provide suitable preparations at the site for drainage and disposal of water. Contractor shall collect and dispose of drilling mud and drill cuttings offsite in conformance with existing state and local regulations. E. Type of Well: The replacement well shall be provided with a 16-inch outside diameter (0. D.) inner casing (artificially gravel packed and screened) and provided with 24-inch minimum O. D. outer casing as shown on the drawings, and as determined by geophysical logging. The Contractor shall have drilling methods approved by Engineer prior to construction. Since drilling will take place in an active well field and lost circulation zones are very possible, mud- rotary drilling of the reamed hole to emplace the screen and gravel pack should 11200 TS-2 G\AProjects\WR\WF PROJECTS\WFO~I)()()O 0000 - Boynton Beach\Proposal DOC5\] 1200 Replacement Well 12E-fmal.doc- Boynton Beach Replacement Well ]2E be avoided. Should it be necessary to utilize mud-rotary drilling through the production zone, the drilling mud should be maintained as thin as possible. The screen and gravel pack should be set in the well and the drilling mud removed from the borehole immediately upon completion of the drilling of the production zone. F. Well Location: The replacement water supply well shall be located near the existing production well site as shown on the Drawings. The City will survey and stake the well location. G. Well Depth: The depth of the production well shall be determined by the Engineer following the completion of a pilot hole and shall not go beyond the estimated depth (165 feet) or the final depth of the pilot hole unless mutually agreed upon by the Owner/Engineer and the Contractor. The pilot hole and production well shall be drilled to the potential production zone of the favorable material for water supply as determined by the Engineer. H. Bore: The diameter of the borehole shall be drilled large enough to receive the size of the casing and comply with grouting requirements and regulations. The pilot hole drill bit should not be less than 6 inches nor exceed an 8 %-inch diameter. The drill hole shall be drilled straight and plumb without offsets and bends in the alignment. The drilling rig used for the production well drilling shall be equipped with a commercially available desander (such as "Wyoben", or "Swyco-Geolograph" desander, or an approved equal), which shall be continuously operated during the drilling and reaming of all boreholes. At a minimum, the desander shall be capable of filtering sand from drilling fluid which is circulated (pumped) at a rate of up to 80 gallons per minute (gpm), at a pressure of at least 33 pounds per square inch (psi). I. Geophysical Logging: The Contractor shall have gamma, electric (long and short normal, SP), fluid resistivity, temperature and caliper logs run in the completed pilot hole by a qualified party. The Contractor shall remove the drilling bit and rods from the pilot hole at least 2.5 hours prior to the geophysical logging. The Contractor shall arrange for electronic logging of the pilot hole prior to ordering the gravel pack or the well screen. J. Well Development: Development shall commence immediately after emplacing the screen and gravel pack. The well shall be developed by 3 or more generally accepted methods, subject to approval by the Owner/Engineer. Initially, the well shall be developed using the air-lifting method for at least 2 hours immediately after screen emplacement in order to remove any drilling fluids and fine-grained material from the producing zone. The well then shall be developed using the horizontal, high-velocity water-jetting method, The Contractor's equipment shall achieve jetting pressures of at least 100 pounds per square 11200 TS-3 G:\AProjects\WR\WF PROJECTS\WF089000.0000 - Boynton Beach\Proposal Docs\11200 Replacement Well 12E-finaJ.doc Boynton Beach Replacement Well 12E inch (psi) and nozzle velocities of 150 feet per second or more. During jetting, the well shall be pumped at a rate that is at least 10% greater than the injection rate. The Contractor shall perform at least one other method of development subject to approval of the OwnerlEngineer. K. The Contractor shall introduce a solution, approved for use in potable wells, with the gravel-pack installation to accelerate the breakdown of any drilling mud and the development of the well (BMR, or an approved equal). The Contractor shall determine this solution, subject to approval of the OwnerlEngineer. L. All materials (including drill pipe, drill bits, tremie pipe, casing, screen, gravel, pumps, hoses) introduced into the ground shall be rinsed with a 5% chlorine solution to minimize the future growth of bacteria. The solution may be applied in a trough or with a sprayer, as appropriate. 1.04 EQUIPMENT AND PERSONNEL A. The Contractor shall furnish capable personnel and equipment to construct the well. The Contractor's drilling rigs, tools, equipment, and personnel shall be subject to the Engineer's approval. Prior to moving well drilling equipment onto the site, the Contractor shall submit information and obtain approval of the equipment proposed for use on this project as follows: 1. Manufacturer's name, type, and model of each drilling rig, power engine. and circulation pump; 2. Manufacturer's name, type, model, discharge pressure and pumping capacity of the high pressure pump and power engine to be used for well development. 3. The outside diameter of the horizontal jetting tool to be used for well development, together with the number of nozzles per tool and the nozzle orifice size. The diameter of the jetting tool and nozzles shall be as large as possible consistent with preserving screen integrity. 4. Manufacturer's name, type and model of test pump, including number of stages, impeller model, diameter, discharge pressure, pumping capacity and length of column and discharge piping together with manufacturer's name, type and model of gear drive and power engine. B. The Contractor shall furnish the services of skilled and experienced drillers in the type of formations to be encountered, and also shall furnish an adequate number of competent helpers. The drillers shall be capable of keeping good and clean well logs and reports on the drilling, developing and test-pumping operations as instructed by the Owner/Engineer. They also shall be capable of 11200 TS-4 G\AProJects\WR\WF PROJECTS\WF08l,>OO() ()OOO ~ BO~TIlon Beach\Proposal Docs\11200 Replacement Well12E-linaJdoc Boynton Beach Replacement Well 12E recognizing and making lithologic classifications of the formations to be encountered during the work. A job superintendent shall be available onsite as needed and by telephone at all times. C. The Contractor shall visit the site and determine scope of work prior to bid. L05 SUBMIIT ALS A. In addition to that required by Section L04 above, the Contractor, after reviewing the cuttings and sieve-analysis results and the geophysical logs, shall submit sieve analysis results and a recommendation for screen and gravel pack to the OwnerlEngineer for review and agreement, (see item 2.05 D). The Contractor shall submit five (5) sets of shop drawings from the well screen manufacturer to the Engineer for approval prior to shipment of the screen by the manufacturer. The screen shop drawings shall indicate the diameter, length and unit weight of the screen; the screen material; the recommended slot size; the opening area/lineal foot of screen and depth interval; the type and material of fittings; information regarding any recommended extra column strength or extra collapse strength required for the intended screen installation. B. The Contractor shall submit five (5) copies of mill certificates from the well casing manufacturer, gravel, drilling mud, concrete, cement grout, gravel pipes, and centralizers to the Engineer for approval prior to delivery to the job site. The certificates shall verify that the casing furnished under this contract complies with the requirements set forth in these specifications. C. The Contractor shall submit five (5) sets of shop drawings to the Engineer for approval of components necessary for the installation of the existing well pump and/or new equivalent capacity pump and appurtenances at the new well including, but not limited to, supports, hardware, and any other components necessary to relocate the pump. The pump will be supplied by the City of Boynton Beach, D. The Contractor shall submit five (5) sets of shop drawings to the Engineer for approval of concrete, reinforcing steel, fencing, pipe, fittings, valves, gauges, air relief valve, and any other materials necessary to complete the work. E. Following completion of well construction, the Contractor shall submit to the Engineer five (5) copies of a report for the well including drilling logs, daily reports, test data and all other pertinent data and information including Record Drawings. Also, the Contractor shall provide a certified "as-built" drawing of the well, wellhead and surface equipment. F. The Contractor shall comply with all other submittals as specified or implied through the construction plans and specifications. 11200 TS-5 G:\AProjects\WR\WF PROJECTS\WF089000,OOOO. Boynton Beach\ProposaJ Docs\t 1200 Replacement Well 12E-final.doc Boynton Beach Replacement Well 12E 1.06 PRODUCT HANDLING A. The Contractor shall exercise care in transporting and handling well screen to prevent damage or deformation. Damaged well screen will be rejected for use. B. Staging area: The Contractor is advised ofthe existing well easements as shown on the Drawings. The easement areas may be used for the storage of materials and equipment used on this project during the course of active field construction. If additional areas are needed, it is the responsibility of the Contractor to procure approval from the Owners of the property for their use. e. The Contractor is made aware that access to the well site may be hindered by surface, overhead and underground utilities. It is the Contractor's responsibility to coordinate access to the work with the entities responsible for the utilities, if these potentially impact the work. The Owner will not be responsible for coordinating efforts related to impacts caused by these hindrances. PART 2 - PRODUCTS 2.01 CONCRETE A. General: 1. All concrete shall contain a minimum of 5-1/2 sacks of cement per cubic yard. 2. All concrete not specifically designated shall be proportioned for a strength of 4000 lbs. per square inch at 28 days of age. 3. Water-Cement Ratio: All concrete shall have a maximum water-cement ratio of 0.45. 2.02 CEMENT GROUT A. Cement grout or slurry used to seal and grout the casing shall be in accordance with the requirements of A WW A A 100-90 (or most recent revision), Chapters 62-532 F.A.e. and 40 E-3 F.A.e. 2.03 GENERAL A. All materials specified herein shall be new and free from objectionable defects. No used or old material will be accepted unless required for re-use as shown on the Contract Drawings. If the Contractor deems it necessary or desirable to use 11200 TS-6 G:\AProJects\WR\WF PROJECTS\WF089000,OOoo. Bo~nton Beach\Proposal Docs\11200 Replacemenl Well] 2E-finaLdoc Boynton Beach Replacement Welll2E temporary surface casing to facilitate the construction of the well, temporary casing may be used, subject to the approval of the Owner/Engineer. Used casing may be acceptable for a temporary surface casing, if required. All casing and screen used for permanent installation shall be disinfected prior to insertion in borehole. 2.04 WELL CASING A All permanent well casing shall be of new and unused Grade A, black steel pipe with welded or screwed couplings and shall conform to the requirements of Rule 62-532.500(1) F,AC. and AWWA Standards for Mill-Type Steel Water Pipe (A WW A C202-64) as follows: Size 16" O. D., wall thickness 0,375" Size 24" O. D., minimum wall thickness 0.375" B. Casing shall be equal to those manufactured by Bethlehem Steel Company, or National Tube Division of the U.S. Steel Company. 2.05 WELL SCREEN A Well screen shall be pipe size type with the continuous slot, wire-wound design in order to provide maximum inlet area consistent with strength requirements. It shall be fabricated by circumferentially wrapping a triangularly-shaped wire around circular array of internal rods. The wire configuration must produce inlet slots with sharp outer edges, widening inwardly so as to minimize clogging, For maximum collapse strength each juncture between the horizontal wire and the vertical rods will be fusion welded under water by the electrical resistance method. End fittings shall be welded to the screen body. The well screen shall be manufactured by Johnson Screens, St. Paul, Minnesota, or an equal approved by the Engineer. The screen shall have a nameplate indicating its diameter, length, weight, type of screen material, and slot size. B. Well screen and attached end fittings shall be fabricated from corrosion-resistant Type 304 stainless steel. End fittings provided with the screen will be selected on the basis of the well design parameters and the drilling method. End fittings shall be of material compatible with the stainless steel screen and shall minimize cathodic activity between the stainless steel screen and the black steel casing. The screen shall be designed to have adequate strength to resist damage during installation. A 5-foot long, tight-wound, closed-bottom sump shall be required. C. The screen slot size shall be determined in accordance with the effective size and uniformity coefficient of the material found in the natural water-bearing formation and the gravel pack. Screen entrance velocity shall not exceed 0.1 foot per second at the maximum test pumping capacity. The Contractor shall 11200 TS-7 n\AProjects\WR\WF PROJECTS\WF089000,OOOO - Boynton Beach\ProposaJ Docs\J 1200 Replacement Well 12E-final,doc Boynton Beach Replacement Well 12E collect sufficient cutting samples for the well during drilling operations in the water bearing formation. D. During pilot hole drilling, samples shall be collected, decanted and preserved at 5-foot intervals for sieve analysis by a qualified soil analysis laboratory (including the screen manufacturer's laboratory). The Contractor shall collect sieve samples from the pilot hole at 5-foot intervals in the anticipated production zone, anticipated to be between 60 and 165 feet below land surface. These shall be delivered together with a copy of the well drilling log for the well to the Engineer and a qualified soil analysis laboratory or well screen manufacturer for analysis, The Contractor is responsible for providing sieve analyses showing grain size distributions (percent retained) and a recommendation of the screen Size. Sieve results (reported as "percent retained" with sieve size in "inches") and screen and gravel pack size recommendations shall be submitted to the Engineer by the Contractor. The Engineer shall provide his recommendations for screened interval and slot size within 3 working days after receiving the results of sieve analysis and the samples. The final slot size of the screen and gravel size to be installed in the well shall be recommended by joint agreement of the Engineer and Contractor. 2.06 FILTER GRAVEL A. Filter gravel to be used for the artificial gravel pack shall conform to A WW A Standards for Filtering Material (A WW A B 1 00-90 or its revisions). Only well rounded (minimum roundness and sphericity of 0.6 on the Krumbein and Sloss scale) silica gravel is acceptable for use on the construction of the well. The following gravel pack suppliers have provided acceptable gravel pack material on production well projects in the past: Ogelbay Norton Industrial Sands Badger Mining Company Colorado Silica Sand, Inc. Hwy. 44 & A Box 97 3250 Drennan Industrial Loop Fairwater, WI 53931 Colorado Springs, CO 80935 (800) 627-7263 (719) 390-7969 The Contractor is encouraged to estimate his gravel pack costs based upon 2 times theoretical fill and prices obtained from the above-mentioned suppliers although samples from other suppliers may be proposed for approval. Contractor shall submit a minimum of two (2) samples of proposed gravel to be used to Owner and Engineer for review prior to purchasing. If approved, Contractor shall then submit five (5) copies of shop drawings, which shall include the supplier's name, pit source, effective size, and uniformity coefficient of the gravel to be used, 11200 TS-8 G\AProJects\\\'R\WF PROJECT$\WF0890000000 - Boynton Beach\Proposal Docs\] 1200 Replacement Well12E.finaldoc Boynton Beach Replacement Well 12E 2.07 GRA VEL PIPES A. A flanged, gravel-access port fitting shall be provided to allow verification of gravel top elevation and addition of gravel by the tremie method in the future if needed, B. Lengths: Standard weight galvanized steel pipe shall be furnished in lengths from 16 to 22 feet in length. C. Pipe Ends and Couplings: Pipe shall be threaded at both ends and shall have a coupling screwed on one end. Couplings shall be screwed on sufficiently tight to require a wrench for loosening, Couplings on sizes 3 inches and under may have straight threads. Metal thread protectors shall be provided on all pipe ends not receiving couplings. D. Malleable Iron Pipe Fittings: Malleable-iron pipe fittings (galvanized) shall be in conformity with Federal Specification WW-P-521. E. Iron Plugs: Iron plugs shall be square-head, cored, cast-iron plugs, galvanized. Plugs shall conform to ANSI Standard for Ferrous Plugs with Pipe Threads B 16.14. 2.08 CENTRALIZERS A. In order to center the well screen and inner casing inside the drilled hole and outer casing, centralizers shall be installed on the well screen and inner casing in the production wells. Centralizers shall be installed at the bottom and top of the screen and top of the inner casing, and at intervals not more than 50 feet in between. At each point, at least three centralizer blades shall be attached, equally spaced about the circumference. The centralizers shall be so located to allow the tremie pipe for gravel to be free to move from top to bottom of the well screen. Centralizers on the screen sections shall be 304 stainless steel or other non-corroding material as approved by the Engineer. All centralizers shall be thoroughly disinfected prior to installation, 2.09 WELL PUMPS A. The pump from existing Well12E to the new well is a three-phase, 460V, 1,800 RPM, 30 HP pump with 6-inch diameter column pipe. The pump is to be re- used; however, the Contractor will need to replace the column pipe with 6-inch Certainteed, Certa-Lok C-900 pipe with transition piece on top to incorporate a 6-inch flanged fitting and coverplate for the well head. 11200 TS-9 G:\AProJeclS\WR\WF PROJECTS\WF089000.0000 - Boynton Beach\Proposal Docs\11200 Replacement WeIl12E-final.doc Boynton Beach Replacement Well 12E 2.10 WATER METERS A. The Contractor shall install a new water meter as provided by the instrumentation/electrical contractor (Ht/DcR). 2,11 VAL YES AND FITTINGS A. Valves, fittings and equipment shall meet Boynton Beach Standards and Specifications. The following list is a partial list of required items: . Air release valve - 2" by APCO model 144DA T50 or equal . Check Valve - 8" Flanged cushioned check by Crispin or equal . Gate Valve - 8 " Flanged by Mueller or equal. . Pressure gauge with 316 SS fittings, snubber and sample valves - Gauge by Tririce or equal. . Tapping valve and harness - 30"X8" Restrained MJ by Mueller or equal. . Fittings & Pipe shall be by American, US Pipe, Tyler or equal. . Fittings required shall be 1-8"X6" Flanged Tee, 1-8"X2" Flanged Tee with 2" Screwed Port, 1-8"X8"Flanged Tee, 2-8" Blind Flanges, 1-6" Flange Adapter(Restrained), miscellaneous pIpe to complete the wellhead surface piping. 2,12 FENCING A. The Contractor will provide fencing for the new wellhead location. Approximate dimensions are 10' X 20' with an 8' double-leaf locking gate on the east side of the wellhead. Fabric shall be Zinc Coated Steel, galvanized after fabrication meeting Class II, ASTM Designation A-392. Gate posts shall be 3" diameter, schedule 40 galvanized pipe w/caps and fence posts shall be schedule 40 galvanized pipe w/caps and incorporate rails fittings and appurtenances. 2.13 SUBSTITUTIONS A. Requests for substitutions of any of the material listed above shall be made after the award of bid, and even then, there is no guarantee that substitution will be allowed. PART 3 - EXECUTION 3,01 SITE PREPARATION A. Regrading of the area within the well easement will be necessary. The Contractor will install the new well slab 4 to 6 inches above the existing grade.. Therefore, the site shall be graded to allow this. Fill shall be compacted to 98% 11200 1'5-l0 G:\AProJects\WR\WF PROJECTS\WF0890000000 - BO!Tlton Beach\Proposal Docs\11200 Replacement Well 12E-fmaldoc Boynton Beach Replacement Well12E density as determined by the ASTM D-1157 method, B. The Contractor shall make all arrangements necessary for the drainage and disposal of water and mud resulting from drilling, developing and testing of the wells and shall protect adjacent property from damage by such water and mud. C. The Contractor shall be responsible for obtaining any necessary permit(s) for the proper disposal of waste material. D. Upon well completion, the Contractor shall restore all areas disturbed or altered by construction of the well and by grading, excavated or otherwise provided for drainage and disposal of water, sand, cuttings and drilling mud. Surface restoration as shown on the drawings and as specified herein shall be accomplished. 3.02 DRILLING LOG A. The Contractor shall record all materials passed through during drilling and the depths at which the changes in formations occur, together with such other information as may be called for by the Engineer. The log of the well shall show all material penetrated and full descriptive notes made of everything found by the drill and of all difficulties or unusual conditions met in drilling. All water- bearing strata shall be described in special detail as to whether the material is loose or compact, its color, and, if gravel, whether it is water worn or angular. B. The Contractor shall submit, weekly, to the Engineer one complete copy of each Daily Drilling Log (Work Report) for each well site, via facsimile transmission (on the Friday of the week), during construction and testing activities on the wells. 3.03 STATE REPORTS AND FORMA nON SAMPLES A. The Contractor shall submit a well completion report including a drilling log and a detailed "as built" drawing to the Engineer and appropriate regulatory agencies that require it. A well completion report shall be completed by the Contractor and shall be submitted to the agencies listed above within thirty days after completion ofthe drilling operation. Three additional copies shall be provided to the Engineer. Blank well completion reports shall be secured at the Contractor's expense from the SFWMD. B. During the drilling operations, the Contractor shall collect cutting samples beginning at the ground surface and at regular intervals thereafter, not exceeding five feet and at every change in formation. The Contractor shall collect sufficient 11200 TS-I ] G\AProJects\WR\WF PROJECTS\WF089000,OOOO - Boynton Beach\ProposaJ Docs\] 1200 Replacement Well] 2E.final,doc Boynton Beach Replacement Well 12E sets of samples to satisfY all agencies having an interest plus one sample for the Engineer. Samples shall be kept in containers that will be secured by the Contractor from the appropriate agencies. After being put in their containers, they shall be properly labeled and delivered by the Contractor to the appropriate agencies upon completion ofthe well. 3.04 WELDED JOINTS - WELDING A. Welding in shop and field shall be done by operators who have been previously qualified in tests as prescribed in the American Welding Society Standard Qualification Procedure to perform the type of work required. Welding of well casing shall be done in accordance with A WW A Standards for Mill-Type Steel Water Pipe (A WWA C202-64), Field welding of stainless steel well screens shall be done in accordance with printed recommendations of the screen manufacturer. Welder qualifications shall be submitted to the Engineer prior to beginning the work. 3.05 WELL CONSTRUCTION A. The intent of this Section of the specifications is to provide for the construction of one (1) replacement public water supply well. The well is to be of the type and characteristics described in "Part I - General" in this section of the specifications. The estimated size and depth of casing and screen for the well are as follows with depths measured from the surface of the ground: ITEM DEPTH 1. 16-inch Steel Inner Casing (ft.) 0-90 2. 16-inch S.S. Screen (ft.) 70-170 3. 16-inch "Tightwind" Sump (ft.) 170-175 4. 24-inch Steel Outer Casing (ft.) 0-90 5. Total Well Depth (ft,) 165 B. Other than the outer casing and inner casing specified, any other casings used are at the contractor's option. The cost of furnishing and installing, or installing and pulling out any surface casing or pit casing that might be needed temporarily for the drilling operations shall be included in the unit price for construction of the well.. C. The well boring and all permanent casing shall be constructed and all casing set round, plumb and true to line. Plumbness is specified as 2/3 of the inside casing diameter per 100 feet of casing pipe, To demonstrate the compliance of the work with this requirement, the Contractor shall furnish all labor, tools and equipment and shall make the test described herein. Test for plumbness and alignment shall 11200 TS-12 G\AProJeCIs\,WR\WF PROJECTS\WF08Y()OO,OOOO - Boynton Beach\Proposal Docs\] 1200 Replacement Well12E-rinaldoc Boynton Beach Replacement Well 12E be made after the complete construction of the wen and before its acceptance. The cost of accomplishing one plumbness and alignment test shall be included in the contract price, No additional payments will be made for making any additional tests. In order to demonstrate that each wen is plumb and aligned, it shall be tested in accordance with paragraph 3.07 "PLUMBNESS AND ALIGNMENT TEST", prior to acceptance. Because the Plumbness and Alignment Test will take place after the casing is cemented, the Contractor is advised to take whatever measures are necessary to assure himself that the well is plumb and aligned throughout construction. D. The wen casing shall be installed without bumping or any driving to prevent damage to welded joints or threaded couplings. The Contractor shall keep an accurate record, as assembled, of the order, number, size, and lengths of the individual pieces of casing installed in the well. E. The Contractor shall take all necessary precautions to reduce to a minimum the nuisances of drilling the well. In an cases, the Contractor shan use mud tanks and all the necessary equipment to prevent the use of a mud pit. Location of all equipment and tools shall be such as to provide uninterrupted access to any private property or to road traffic. F. The artificially gravel-packed well is to be constructed by rotary drilling, and shall be drilled to the depth where the outer casing is to be seated with a hole of a diameter at least four (4) inches greater than the outside diameter of the casing. The hole shall be drilled to the required depth to receive casing and permit grouting. Outer casing then shall be lowered to the exact depth determined in the field, centered in the hole, held in place with sufficient spacers (centralizers) to maintain true alignment, and then grouted with a neat cement grout. The grout shall be proportioned of cement and the minimum quantity of water (not over six gallons per cubic foot of cement) required to give a mixture of such consistency that it can be forced through grouting pipes. Bentonite or equal may be used up to three percent (3%) by volume to reduce shrinkage. The grout mixture, method of mixing and consistency of the grout shall be approved by the Engineer. The top of the casing to be grouted shall be left with not less than twenty-four (24) inches above the ground. G. The grout shall be placed in such a manner that surface water and other impurities will be prevented from entering the well by infiltration along the bore and casing. Grouting of casing shall be accomplished in the presence of the Engineer or his representative, in one continuous operation. The method of grouting shall be by pumping the grout from the bottom of the outside casing to the ground surface, completely filling the annular space between the borehole and casing. Spacers (centralizers) used to center the casing in the borehole shall be clean and of a curable material. The grout shall be allowed to set for 72 hours before any work may be done which would disturb it or anow it to crack. If 11200 TS-13 G:\AProjects\WR\WF PROJECTS\WF089000,000Q - Boynton Beach\Proposal Docs\11200 Replacement WeIl12E-final,doc Boynton Beach Replacement Well l2E quick-setting cement is used, the setting period may be reduced to 24 hours. The Contractor shall take care to protect the grout from damage and insure the proper curing during the setting period. The Contractor shall "top off' the grout to land surface after the setting period if settling and shrinkage occurs during setting. H. Drilling operations shall continue, after the 24-hour or longer waiting period required for setting up the cement grout, to the depth determined to set the bottom of the screen. The diameter of this part of the hole shall be at least seven (7) inches greater than the outside diameter of the screen. Rotary drilling through the section where the screen is to be set shall be done only with water. In the event the use of drilling additive is required, the Contractor shall first obtain approval from the Engineer. The Contractor shall thereafter make every effort to maintain the integrity of the subsurface formation in which the well screen will be placed and to remove all additives from this formation immediately after setting ofthe well screen and gravel. 1. In order to minimize damage to the formation and develop the maximum well yield possible, the "screen zone" shall be drilled and the well screen and gravel pack set in one continuous operation on the same day. The well screen shall not be lowered into the well until the Engineer or his representative has verified that its dimensions and characteristics correspond with those approved for that particular well. Screens not meeting the approved conditions or showing any appreciable damage or deformation shall be rejected. Due precautions shall be taken during handling and lowering of the screens into the well to prevent any damage or deformation, The screen shall have no change of alignment after installation. Development shall commence as soon as possible after installation of the screen and gravel pack. J. The depth at which the screen is set shall be approved by the Engineer. The screen and inner casing shall then be lowered to the approved depth and set within plus or minus three (3) inches of that depth. The screen and inner casing shall be installed with suitable heavy steel stave-type centering guides to ensure that the inner casing is perfectly concentric with the outer casing and that the screen is concentric with the hole below the outer casing. The centering guides shall be as manufactured by Johnson Screens, St. Paul, Minnesota, or an equal approved by the Engineer (See Section 2.08). K. After the screen and inner casing assembly have been properly installed, filter gravel shall be placed by the tremie method in the presence of the Engineer, unless otherwise approved by the Engineer. A crystalline polyphosphate solution (BMRTM or equal) suitable for breaking down any drilling mud will be introduced with the gravel. A complete and homogenous artificial gravel packing then shall be built all around the screen and inner casing, to a level not less than twenty (20) feet above the bottom of the outside casing using the tremie method. Under no conditions shall the Contractor attempt to build the artificial 11200 TS-14 G \AProjects\WR\WF PROJECT$\WFOR9000.OOoo - Boynton Beach\Proposal Docs\1 ]20{) Replacement Wel112E~rmaldoc Boynton Beach Replacement Well 12E gravel packing by dumping the filter gravel around the inner casing from the surface ofthe ground. The Contractor shall keep a record of the amount of gravel added to each well and this information shall be contained in the driller's report and log. Development shall commence as soon as possible after installation of the screen. L. Well construction shall comply with applicable regulations as stated with the following agencies including but not limited to FDEP, SFWMD and Palm Beach County Health Department (PBCHD). 3.06 WELL FLANGES AND CAPPING A Whenever there is inactivity or an interruption in work on the well, the Contractor shall protect the well in such a manner as to effectively prevent either tampering with the well or the entrance of foreign matter into it. The Contractor is responsible for any objectionable material that may fall into the water supply well and its consequences until the completion and acceptance by the Engineer of all work described in these specifications. Upon completion of the well, the Contractor shall cap the well in a manner approved by the Engineer. B. All steel flanges used to fabricate the cover shall meet A WW A Standards for Steel Pipe Flanges, Class D (A WW A C207-94). The flanges shall be gasketed and bolted in accordance with A WW A Standard C207-94. The top of casing shall be not less than twenty-four (24) inches above ground level. 3.07 PLUMBNESS AND ALIGNMENT TEST A. Required Test: The well boring shall be constructed and all casing set round, plumb and true to line. Plumbness is specified as 2/3 of the inside casing diameter per 100 feet of casing pipe. To demonstrate the compliance of the work with this requirement, the Contractor shall furnish all labor, tools and equipment and shall make the test described herein. Test for plumbness and alignment shall be made after the complete construction of the well and before its acceptance. The cost of accomplishing one plumbness and alignment test per well shall be included in the contract price. No additional payments will be made for making any additional tests. B. Description of Test: Plumbness and alignment shall be tested for the entire length of the casing, The casing shall be tested by lowering into the casing a section of pipe 40 feet long or a dummy of the same length. The outer diameter of the pipe shall be not more than II2-inch smaller than the inside diameter of the casing being tested. If a dummy is used, it shall consist of rigid spindle with three rings, each ring being not more than I/2-inch smaller than the inside diameter of the casing being tested. The ring shall be truly cylindrical and shall 11200 TS-15 G:\AProjects\WR\WF PROJECTS\WF089000,OOOO - Boynton Beach\ProposaJ Docs\11200 Replacement WeIl12E-final.doc Boynton Beach Replacement Well 12E be placed at each end of the dummy and one ring in the middle thereof. The central number of the dummy shall be rigid so that will maintain the alignment of the axis of the rings. C. Requirement for Plumbness and Alignment: Should the dummy, or pipe, fail to move freely through the length of the casing to the required depth or should the well vary from the vertical in excess of 2/3 of the smallest inside diameter of that part of the well being tested per 100 feet depth, or beyond limitations of this test, the plumbness and alignment of the well shall be corrected by the Contractor at his own expense, and should he fail to correct such faulty alignment or plumbness, the Engineer may refuse to accept the well. The requirements for the plumbness and alignment testing may be waived at the discretion of the Engineer if the Contractor can clearly demonstrate that the requirements have been met. The Contractor is encouraged to demonstrate plumbness and alignment of both inner and outer casings during installation by reasonable methods ifhe wishes to secure a waiver of the formal plumbness and alignment test upon completion. 3.08 GRA VEL PIPES A. The Contractor shall install a gravel access port as detailed on the drawings, after plumbness and alignment tests have been completed. The gravel access port shall be installed through the outside casing. 3.09 WELL DEVELOPMENT A. Following the construction of the well but before any final pumping tests have been started, the Contractor shall develop and clean out the well. The purpose of the development work is to remove effectively from the well, well walls, well screen, and from the formation immediately adjacent to the well, material like mud, clay, fine particles of sand and/or of shell and any other type of fine material. The Contractor shall develop the well using the air-lift method, horizontal, high-velocity water-jetting method and at least one other development method at the discretion of the Contractor with the prior approval of the Engineer. The Contractor shall submit to the Engineer a well development plan including a description of the procedure for each method and the equipment to be used prior to development. The Contractor shall demonstrate during development the rate of gravel pack settlement. The gravel pack shall not be allowed to settle to less than 5 feet above the screen during development and shall be replenished during development and upon completion. The well development must be done in a manner that will not cause undue settlement and disturbance of the strata above the water-bearing formation or disturb the seal created around the well casing that provides the natural sanitary protection against vertical seepage along the casing. B. The Contractor shall furnish all necessary pumps, compressors, tools, piping, hoses and other equipment needed to develop the well. The Contractor shall conduct the 11200 TS-16 G:\AProJecls\WR\\\"F PROJECTS\WF089000.fXIOO - BO:'-l1ton Beach\Proposal Docs\] 1200 Replacement Well 12E~fmaJ doc Boynton Beach Replacement Well ]2E well development to give the maximum practical yield of water per foot of drawdown and to extract from the water-bearing formation the practical maximum quantity of such fine materials as may, during the life of the well, be drawn into the casing when the well is pumped continuously under maximum conditions of drawdown. Actual well development, regardless of the method used, shall be conducted for a minimum period of 32 hours, unless directed otherwise by the Owner or Engineer, However, the Contractor shall be responsible and include as part of the Lump Sum bid all expenses necessary to continue well development up to 100 hours. The additional well development time and price per hour shall only apply to aggressive, additional development required after 100 hours of well development have passed. C. Well development shall continue until water pumped from the well at the maximum test-pumping rate is clear and free of sand in the opinion of the Contractor. The Contractor may proceed with step-rate and constant-rate testing at that time. The well will be considered to be developed to its optimal specific capacity when, based on performance of the described step-rate pumping test, the specific capacity at the design rate is equal to or greater than the theoretical specific capacity established from the step-rate testing as determined by the Engineer. The water shall be considered sand-free when the average of samples taken during the constant-rate pumping test contain not more than one part per million (ppm) of sand by weight and no single sample exceeds 2 ppm. Sand content shall be measured using a Rossum Sand Content Tester, installed and operated per manufacturer's instructions. The sand concentration shall be determined by averaging the results of five samples taken at the following intervals during the final (8-hour) constant-rate pumping test: (l) 15 minutes after the start of the test, (2) after 25 percent of the total pumping test time has elapsed, (3) after 50 percent of the total pumping test time has elapsed, (4) after 75 percent of the total pumping test time has elapsed, and (5) near the end of the pumping test. At the conclusion of the development, the well shall be cleared of all accumulations of sediment to the full depth of the well. The Engineer will notify the Contractor promptly if any development criterion is not met and the Contractor must continue development. If development must be continued based on failure to meet criteria, the Engineer will determine if step-rate and/or constant-rate testing must be repeated at the Contractor's cost. D. After completion of development, the gravel pack shall be left no less than 10 feet and no more than 20 feet above the top of the well screen. E. The Contractor shall provide materials and equipment to perform at least 24 hours of high-velocity water-jetting combined with simultaneous pumping (by pump or air lift, as outlined by Driscoll (Driscoll, Fletcher G. 1987, Groundwater and Wells, Johnson Filtration Systems, Inc., pp. 516-517, 520-521). The Contractor's equipment shall achieve jetting pressures of at least 100 pounds per square inch (psi) and nozzle velocities of 150 feet per second or more. Four (nozzle orifice) jets (at least Y2-inch diameter) will be used to achieve a maximum water velocity (of 11200 TS-17 G:\AProjects\WR\WF PROJECTS\WF089000.0000 w Boynton Beach\Proposal Docs\11200 Replacement Well 12E-finaJ.doc Boynton Beach Replacement Well 12E 150 feet per second) at the point of discharge (gauge pressures will be somewhat higher to overcome friction losses). The nozzle jets shall be located at 90-degree spacings and extend to a total nominal diameter of 15 inches (the tool shall be equipped with at least 4, nominal IS-inch diameter centering guides). The air- reverse hose or drop pipe should be located within 12 feet of the jetting nozzles during development and the jetting tool shall be moved up and down across the length of the screen interval. Development by the high-velocity water-jetting method shall continue for a minimum of 24 hours, or until the gravel-pack level stabilizes and the discharge is free of sand to the satisfaction of the Engineer. If water is pumped into the well from the surface through a water-jetting tool, the Contractor shall pump out at least 100 gpm during the jetting operation and shall ensure that, during jetting, at least 10 percent more water is discharged from than introduced into the well. F. At least daily, the Contractor perform a IS-minute, constant-rate pumping test using a Contractor's (centrifugal) pump and to measure pumping rate (minimum 7S-gpm pump capacity) and drawdown. This testing shall be included as development time in the contract price. The Engineer may waive the requirement to perform the testing daily, if it is in the best interest ofthe Client If the water level is so deep that a well operating centrifugal pump cannot produce a constant rate, the Contractor shall propose and perform this testing using adequate equipment 3.10 WELL DISINFECTION A. After the well has been completely constructed and developed, it shall be thoroughly cleaned of all foreign substances including tools, timbers, rope, debris of any kind, cement, oil, grease, joint dope and scum. The casing pipe shall be thoroughly swabbed, using alkalies if necessary to remove oil, grease or joint dope, The well shall then be disinfected with a chlorine solution. B. The chlorine solution used for disinfecting the well shall be of such volume and strength and shall be so applied that a minimum concentration of 50 ppm shall be obtained in all parts of the well at static conditions. The chlorine solution shall be introduced into the well in such a manner that the well surfaces above the static level will be completely flushed with the solution, The chlorine solution shall be prepared and applied in a manner approved by the Engineer. The chlorine solution shall remain in the well for a minimum period of two hours. e. Prior to installing the test pump in the well, all interior and exterior parts of the test pump coming in contact with the water in the well shall be disinfected with a five percent (5%) chlorine solution (chlorine bleach). The method of disinfecting the test pump shall be approved by the Engineer or his representative prior to installing the test pump. 11200 TS-18 G\AProJects\WR\WF PROJECTS\WFOH90000000 - Boynton Beach\ProposaJ Docs\11200 Replacement Well12E-rmaJdoc Boynton Beach Replacement Well 12E D. Upon completion of the well and installation of the pump, the Contractor shall disinfect the well in accordance with the requirements and instructions in the latest edition of A WW A Standards for Deep Wells No. Al 00. The Contractor shall make arrangements for performance of the bacteriological tests for potability of the water. Testing and analysis shall be done in accordance with all requirements of the FDEP and Palm Beach County Health Department Contractor shall sample and analyze samples (by a certified, approved lab) until 20 consecutive analysis are obtained which indicate acceptable bacteriological results. Any additional disinfection required to provide acceptable bacteriological results shall be at the Contractor's expense. E. Any additional water-quality testing (i. e., primary and/or secondary constituents that may be ordered by the Owner will be performed by the Contractor at cost plus 10%. 3.11 PUMPING TESTS A. General: Pumping tests as described herein shall be performed for the water supply well. The purpose of the tests is to gather sufficient and accurate data to determine aquifer characteristics and coefficients. The Engineer will inspect the test pump setup in the field, and approve the setup or require changes prior to testing. The Engineer may require the Contractor to alter the setup at any time during testing in order to improve the quality of the test data or adjust to site conditions. B. Test Pump and Equipment: The Contractor shall furnish, install and operate all necessary materials and pumping equipment capable of pumping from the well a minimum of not less than between 300 and 1000 gpm. The test pumping unit shall be a submersible or deep well turbine pump. If a diesel-powered deep well turbine pump is utilized, it shall be powered by a right-angle gear and diesel engine drive, The right-angle gear shall be adequately shielded to prevent personal injury in case of carelessness or equipment failure. Throttling devices shall be furnished for the pumping unit so that the discharge may be reduced to zero gpm. The pumping unit shall be capable of operating continuously for the duration ofthe pumping test In the event the Contractor's pumping units should fail and interrupt a pumping test, the Contractor will be penalized for the hours of pumping already performed, and test will be started over at the Contractor's expense. The Contractor shall furnish all necessary discharge conduit for the pumping unit, which shall be sufficient size and length to convey the water being pumped to the point of final discharge as shown on the attached drawings. The Contractor shall furnish, install and operate equipment of approved size and type 11200 TS-19 G:\AProjects\WR\WF PROJECTS\WF089000,OOOO ~ Boynton Beach\ProposaJ Docs\11200 Replacement WeIl12E-final.doc Boynton Beach Replacement Well 12E for measuring the flow of water, such equipment to be an orifice-manometer set or a turbine-type water meter for accurately determining the discharge rate from o gpm to 1000 gpm. Pumped water shall be discharged at least 300 feet from the well or into a free draining surface-water body, in a manner that will cause no nuisance. The Contractor shall obtain any necessary permits to allow this discharge.. Proof of meter calibration (within the previous 3 months) shall be submitted to the Engineer prior to the installation of the pump used for the well testing. The Contractor shall provide a minimum of one experienced employee to be continuously on-site whenever a pumping test is being performed. This employee shall be responsible for operation of the pumping unit and for determining and recording pumping rates during the test. The Contractor's employee will also be expected to determine water elevations in the pumped well and in determining water levels in the observation well, as directed by the Owner/Engineer. C. Pumping Test: After the well has been developed to its maximum capacity per foot of drawdown, the Contractor shall notify the Owner/Engineer and when ordered, the Contractor shall conduct a pumping test of the well. The pumping test and drawdown measurements shall be made in accordance with the requirements of the regulatory agencies but shall not be less than the following requirements. Adequate access for water-level measurements shall be available. The static level prior to pumping shall be recorded. The well shall first be pumped incrementally at 4 flow rates, starting with the lowest rate. The incremental flow rates should be approximately 33%, 67%, 100% and 133% of the anticipated operating capacity. Each pumping rate shall be maintained for a period of 30 minutes during which time water level readings shall be taken every minute until the water level stabilizes at which time readings may be taken every 5 minutes for the duration of the 30-minute period. Recovering water levels will be recorded for 30 minutes after each 30-minute pumping (step-rate) period. Upon completion of the incremental tests, the pumping equipment shall be reset to the design rate or a rate determined from the 4-step test. After water levels have recovered, pumping shall be maintained at that rate for 8 hours. During the 8-hour period, water level readings shall be taken every 5 minutes for the first 30 minutes of the test and every 15 minutes for the duration of the 8-hour period. Upon completion of the 8-hour test, the test pump shall be shut off and recovery measurements of water level shall be taken every 5 minutes for a period of one hour or until such time as the water level returns to its original static level prior to commencing test pumping, All water level readings shall be recorded to the nearest 0.01 of a foot and referenced below the well flange. All information pertaining to the pumping test, including the actual static level shall be recorded on a well test log and six (6) copies of the well test log shall be submitted to the Engineer promptly upon completion oftest pumping of the well. The Contractor shall not be required to meet the criterion for sanding during the constant-rate 11200 TS-20 G 'AProJects\\.VR\WF PROJECTS\WFOlWOOOOO(X). Boynton Beach\Proposal Docs\. 112(l() Replacement \\'ell 12E.floaLdoc Boynton Beach Replacement Well ]2E test ifthe pumping rate exceeds the design rate. D. It shall be the responsibility of the Contractor to ensure that the pumping unit maintains a constant, continuous pumping rate without significant variance or surging for the duration of the test. The Contractor shall provide an accurate operating tachometer so that pumping rates are reproducible. Ifthe pumping unit fails to maintain a constant, continuous pumping rate, as determined by the Engineer or his representative, the test shall be restarted and the Contractor shall be penalized for the hours of pumping already performed. The Contractor's on-site employee shall be responsible for maintaining a constant pumping rate as specified. Minor variations detected in the pumping rate during the test shall be immediately corrected by adjusting a gate valve located in the discharge line, The gate valve shall be located far enough from the flow-measuring device (minimum 10 pipe diameters) so that any turbulence created by the gate valve shall not interfere with the flow measuring device. The flow-measuring device and gate valve shall be sufficiently far from any pipeline bends, elbows and other appurtenances so as not to receive any turbulence, E. Water Analysis: 1. Just prior to completion of the well test pumping, the Contractor shall collect and send a water sample from the well to a commercial laboratory approved by the Department of Health and Rehabilitative Services for analysis. The analysis shall be done per Chapter 62-550 F.A.C. for Primary Inorganics including Nickel and Cyanide; Primary Organics and Secondary Drinking Water Standards, Unregulated Contaminants and Radionuclides. The Contractor shall pay all costs for the analysis and send a report to the Owner/Engineer. 2. Contractor shall collect bacteriological samples from the well and deliver to an approved testing laboratory in accordance with Palm Beach County Health Department (PBCHD) Technical Memorandum #03-1PR. Contractor shall bear all costs of testing until results satisfactory to the PBCHD and the Engineer are obtained and delivered to the Owner/Engineer as specified above. 3.12 PROTECTION OF PROPERTY AND NUISANCES A. The Contractor shall take special precautions to reduce to a minimum the nuisances and damage to property which could result during execution of the Work. Special attention is called to the "General Conditions" of these specifications. Any damage to public or private property shall be immediately repaired or paid for by the Contractor at no expense to the Owner. Equipment, tools, and materials shall be located in places where they will produce a minimum of nuisance. Wherever necessary or requested by the Engineer, the 11200 TS-21 G:\AProJects\WR\WF PROJECTS\WF089000.0000 - Boynton Beach\Proposal Docs\11200 Replacement Well 12E-final.doc Boynton Beach Replacement Well 12E Contractor shall use mud tanks and all the necessary equipment to substitute for mud pits. Any water or fluid resulting from any of the operations, or excess water from the well development works or the pumping test operations shall be conveyed out by piping, ditches, or any other means approved by the Engineer and Owner, at the Contractor's expense to places where it may be disposed of without any detrimental effects to public or private interest. 3.13 CONCRETE SLAB A. A concrete pad shall be provided at ground surface around the outside casing as indicated in the construction plans to prevent surface contamination of the well. B. A steel reinforced concrete pedestal shall be provided for permanent pump placement, per in the Contract Drawings. C. The Contractor shall strictly follow "Best Management Practices" for the Construction Industry as established In Palm Beach County's Wellfield Protection Ordinance throughout the course of the project. 3.14 CORRECTIVE WORK A. In the event that the well becomes contaminated, or that water having undesirable physical or chemical characteristics does enter the well due to the neglect of the Contractor, he shall, at his own expense, perform such work or supply such casings, seals, disinfecting agents or other materials as may be necessary to eliminate the contamination or shut off the undesirable water. 3.15 TEST OF RE-INST ALLED PUMP A. Upon installation of the relocated well pump and clearance of the well analysis, the Contractor shall perform a capacity test on the pump. The Contractor shall test the pump at three (3) different conditions by partially closing a gate valve on the discharge of the pump(s), One of the conditions tested shall be the design condition and the other two conditions shall fall on opposite sides of the curve from the design condition. The Contractor shall inform the Engineer prior to performing this test. 3.16 WELL ABANDONMENT A. In the event the Contractor should fail to construct the replacement well to the necessary depth, or should he abandon a well for any reason, he shall, if instructed by the Engineer, fill and plug the abandoned well. No payment will be made for work done on an abandoned hole or for salvaging materials or filling and plugging the hole. Abandonment shall be performed in accordance with Chapters 62-532 and 62-555 of the Florida Administrative Code (F.A.C.) and 11200 TS-22 G:\AProjecls\WR\WF PROJECTS\WF08YOOOOO{Xl ~ BO)1110n Beach\ProposaJ Docs\l 1200 Replacement Welll2E~fmal doc Boynton Beach Replacement Well12E any requirements ofSFWMD. The Contractor shall notify SFWMD of the intent to abandon the well and shall make application and obtain approval to do so at his own expense. 3.17 GUARANTEE A. The Contractor shall guarantee that all new material, equipment, structures, and work performed are free from defects in workmanship, design, or materials for a period of one (1) year after installation and acceptance by the Owner, and if any part ofthe work shall fail within this period, it shall be replaced and unit restored to operation at no cost to the Owner. Undue reduction in yield, casings, or settlement around the well, pumping sand from a finished well after being put into service, or clogging of well screen will be considered a defect to be covered by this guarantee. 3.18 MrnASUREMrnNTANDPAYMrnNT A. General: Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for incidental items of work not shown in the Schedule of Bid Items. Payment of unit quantity adjustments, or of any of the following bid items prices related to construction and testing of the wells, will not be credited for payment by the Engineer unless sufficient (l2-hour) notice is provided for the work and the construction or testing is attended and observed by a representative of the Engineer: Pilot-hole drilling and drill-cutting sample collection; Geophysical logging of the pilot hole; Inner casing and screen installation; Gravel-pack placement and initiation of well development; Final acceptance of well-development completion Pumping tests (4 and 8-hour); Plumbness and alignment testing. B. Equipment and material in storage: Partial payment for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Engineer. C. Payment: Payment will be made in accordance with the component prices of the lump sum bid as installed and accepted and shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto each item as outlined in the schedule of values. Before beginning work, the Contractor will provide a Schedule of Values for the 11200 TS-23 G:\AProJects\WR\WF PROJECTS\WF089000.0000 - Boynton Beach\ProposaJ Docs\11200 Replacement Well 12E-final.doc Boynton Beach Replacement Well 12E purpose of determining applicable progress payments and for establishing unit prices of items not listed in the Bid Documents, All pay requests shall include 10% retainage. 11200 TS-24 G\AProjects\WR\WF PROJECTS\WF089000.OOoo Somton Beach\Proposal Docs\] 1200 Replacement WeIl12E-finaJ,doc '" _fN SLAB EXISTING GRADE NEAT CEMENT GROUT C .. ~ Ul ~ NOMINAL 3Q-INCH DIAMETER BOREHOLE 0 :;c Q. " 0 .. l- lL ." 'i c > .. f Ol C) c 'iii '0 24-INCH OUTSIDE DIAMETER. STEEL SURFACE .. u Q. CASING (O.5-INCH WALL THICKNESS) ~ 0 .! C. " .. sg :ii .. '" c 0 .5 GO '0 16-INCH OUTSIDE DIAMETER. 0.375-INCH WALL E THICKNESS. STEEL CASING ~ e- .. :ii '" '" 0 ~ 0> GRAVEL PACK FINISHED APPROXIMATELY :E' 10 FEET ABOVE BOTTOM OF OUTER CASING a. .. c B 0 , c. ~ .. :ii ~ '" "' <, ::! 11 , u; :ii '" NOMINAL 24-INCH DIAMETER BOREHOLE 0 ::! 0 0> n; ~ .! .5 c .. I!! " Ul C GRADED SILICA SAND GRAVEL PACK ~ " Ul '0 E ~ e- .. :ii '" 16-INCH OUTSIDE DIAMETER. 0 f ::! WIRE-WOUND STAINLESS STEEL SCREEN i ~ ~ 1 ! 5ft ~ i 16-INCH OUTSIDE DIAMETER. STAINLESS ~ STEEL 'TIGHTWIND' SUMP " ,~ ~~ '~ 8/ )1 i~ g', ~ ..;~ I" ~! il DRAWING NOT TO SCALE 1 -- CITY OF BOYNTON BEACH ......,-, G.lNroSCH(XH fA ARCADIS WF089000.0000 ~ . -- -- ~ !.TESSIER CONSTRUCTION DETAIL 09APR08 0' i <:tj ,*...... 2081VI5tIPIIItwJ REPLACEMENT PRODUCTION WELL 12E '- i ~ HESSlER WeslPamBead1,FIoIIdI33411 , . Tel: 56U97.7000Fax: 561.697.n51 2 . ,_.... WWW.IfClIcIHlS.oom . HESSlER PALM BEACH COUNTY. FLORIDA ~ GENERAL CONDITIONS ARTICLE 1 DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda- Written or graphic instruments issued prior to the opening of Proposals which clarify, correct or change the proposal docurnents or the Contract Documents. Agreement-The written agreement between ENGINEER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment-The form which is to be used by CONTRACTOR is requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. Proposal-The offer or proposal of the proposer submitted on the prescribed form setting forth the prices for the Work to be perforrned. Proposer - Any person, firm or corporation submitting a Proposal for the Work. Bonds - Proposal performance and payment bonds and other instruments of security. Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents - The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Proposal (including documentation accompanying the Proposal and any post-Proposal documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all amendments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date ofthe Agreement. Contract Price-The monies payable by ENGINEER to CONTRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time-The number of days (computed as provided in paragraph 16.2) or the date stated in the Agreement for the completion ofthe Work. CONTRACTOR-The person, firm or corporation with whom ENGINEER has entered into the Agreement. Defective-An adjective which when modifying the work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the Ge-I two parties to sign and deliver. ENGINEER-The person, firm or corporation named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5, but which does not involve a change in the Contract Price or the Contract Time. General Requirements-Sections of Division ] of the Specifications. Laws and Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Lien-Any charge, security interest, lien or encumbrance in any way arising, whether by law, contract or otherwise. Notice of Award-The written notice to the apparent successful PROPOSER stating that upon compliance by the apparent successful propose with the conditions precedent enumerated therein, within the time specified, OWNER will sing and deliver the Agreement. If requested by the OWNER, both the Notice of A ward and Notice to Proceed will be issued by the ENGINEER. Notice to Proceed-A written notice given by ENGINEER to CONTRACTOR fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR's obligations under the Contract Documents. OWNER-The public body or authority, corporation, association, firm or person with whom ENGINEER has entered into the Agreement and on whose behalf the Work is to be provided. Partial Utilization - Placing a portion of the Work in service for the purpose for which it is intended (for a related purpose) before reaching Substantial Completion for all the Work. Project - The total construction of which the Work to be provided under the Contract documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative-The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings-All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion ofthe Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain adrninistrative details applicable thereto. Subcontractor-An individual, firm or corporation having direct contract with CONTRACTOR or with any other subcontractor for the performance ofa part of the Work at the site. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contact Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended: or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Substantial completion requires successful completion of all testing, submission of satisfactory bacteriological test reports, and submission of complete Record Drawing information to the ENGINEER. GC-2 Supplementary Conditions-The part of the Contract Documents which amends or supplements these General Conditions. Supplier-A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities-All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasement containing such facilities which have been installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work-Work to be paid for on the basis of unit prices. Work-The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change-A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraphs 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract time, but is evidence that the parties expect that the change directed or documented by a Work directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment-A written amendment of the Contract documents, signed by ENGINEER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non- engineering or non-technical rather than strictly Work-related aspects ofthe Contract Documents. ARTICLE 2 PRELIMINARY MATTERS Delivery of Bonds and Certificate of Insurance: 2.1. When CONTRACTOR delivers the executed Agreements to ENGINEER, CONTRACTOR shall also deliver such Bonds and Certificates of Insurance as CONTRACTOR may be required to furnish in accordance with Article 5. Copies of Documents: 2.2. All copies of documents necessary for the execution of the Work will be furnished to CONTRACTOR at the cost of reproduction. CONTRACTOR shall bear the costs of all documents requested. Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or if a Notice to proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. In no event will the Contract Time commence to run later than the ninetieth (90th) day after the day of Proposal opening or the thirtieth (30th) day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: GC-3 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.5.1. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where required, approved shop drawings or Product Data for such portion of the Work. 2.5.2. By executing the Contract, CONTRACTOR acknowledges he has examined the Contract Documents, the site and locality where the Work is to be performed, the legal requirements (Federal, State and Local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as CONTRACTOR deerns necessary. 2.6. Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2,6.] An estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. A preliminary schedule of Shop Drawing submissions; and 2.6.3. A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be confirmed in writing by CONTRACTOR at the time of submission. Preconstruction Conference: 2.7. Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.8 At least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with paragraph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for processing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. GC-4 ARTICLE 3 CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agreernent between ENGINEER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law ofthe place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference by specific or by implications, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Proposals (or, on the Effective Date of the Agreement if there were no Proposals), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or Documents, nor shall it be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to undertake responsibility contrary to the provisions of paragraphs 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER, however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 3.3.1. Failure to report a conflict, error or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner, at CONTRACTOR's expense. If the drawings disagree in themselves, figures shall govern over scaled measurements, large scale drawings shall govern over small scale drawings, the greater quantity of work or materials shall be furnished or performed; descriptive writings shall govern over legends indicating material or conditions and the Agreement takes precedence over all other contract documents. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. A formal Written Amendment, 3.4.2. A Change Order (pursuant to paragraph 10.4), or GC-5 3.4.3. A Work Directive Change (pursuant to paragraph ]0.1). As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 3.5.1. A Field Order (pursuant to paragraph 9.5). 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarification (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with ENGINEER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4 A V AILABIUTY OF LANDS; PHYSICAL CONDITIONS: REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR rnay rely upon the accuracy ofthe technical data contained in such reports, but not upon non-technical data, interpretations or opinions contained therein or upon the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. Core boring data, including groundwater elevations or conditions if shown on the Drawings or attached to the Specifications, are presented only as information that is available indicating certain conditions found and limited to the exact locations and dates shown. Water levels shown by the aforesaid core boring data will not necessarily be GC-6 maintained at the indicated levels during the construction time. 4.2.2. Existing Structures: Reference is made to those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the completeness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full responsibility with respect to physical conditions in or relating to such structures. Drawings provided by ENGINEER are not guaranteed as record or as-built information. The drawings represent the best available information on existing facilities. 4.2.3. Report of Differing Conditions: If CONTRACTOR believes that: 4.2.3.1. Any technical data on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate, or 4.2.3.2. Any physical condition uncovered or revealed at the site differs materially from that indicated, reflected or referred to in the Contract Documents. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.1]), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 4.2.4 ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered conditions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If ENGINEER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles II and 12. Physical Conditions-Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 4.3.1.2. CONTRACTOR shall have full responsibility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. GC-~ 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emergency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Contract Price or an existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles ] 1 and 12. Reference Points: 4.4. ENGINEER shall provide engineering surveys to establish reference points for construction which, in ENGINEER's judgment, are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established approval of the ENGINEER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5 BONDS AND INSURANCE Performance and Other Bonds: 5.1. If required, CONTRACTOR shall file a Public Construction Bond in the full amount of the Contract price in accordance with the requirements of Florida Statues Section 255,05, as amended, as security for the faithful performance of the Contract the payment of all persons supplying labor and materials for the construction of the work, and to cover all guarantees against defective workmanship or materials, or both, during the warranty period following the date of final acceptance of the work by OWNER and ENGINEER. The Surety furnishing this bond shall have a sound financial standing and a record of service satisfactory to OWNER and ENGINEER, and shall be authorized to do business in the State of Florida, The Surety furnishing this bond must also be an entity included in the most recent United States Department of Treasury list of acceptable sureties. 5.2. If the Surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is locate or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall, within five (5) days thereafter, substitute another Bond and Surety, both of which must be acceptable to OWNER and ENGINEER. Contractor's Insurance: 5.3. CONTRACTOR shall purchase and maintain such commercial general liability and other insurance as it is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them rnay be liable, as follows: GC-8 5.3.1. Claims under workers' compensation, disability benefits and other similar employee benefits acts, including private entities performing Work at the site and exempt from the coverage on account of number of employees or occupation, which entities shall maintain voluntal)' compensation coverage at the same limits specified for mandatory coverage for the duration of the Project; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees, or persons or entities excluded by statute from the requirements of paragraph 5.3.1 but required by the Contract Documents to provide the insurance required by that paragraph; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injul)' to or destruction oftangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in these General Conditions, or required by law, whichever is greater. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, the commercial general liability insurance shall include completed operations insurance and CONTRACTOR shall maintain such insurance for at least two (2) years after final payment and furnish OWNER AND ENGINEER with evidence of continuation of such insurance at final payment and one (1) year thereafter. 5.4 The limits of liability for the insurance required of CONTRACTOR shall provide coverage for not less than the following amounts: Workers' Compensation: 1. Florida Statutory Requirements 2. Applicable Federal Statutory Requirements Commercial General Liability: Bodily Injury/Property Damage Each Occurrence $1.000,000 GC-9 Aggregate $2,000,000 Commercial Automobile Liability: (Owned-Ieased-non-owned & hired) Bodily Injury/Property Damage Each Occurrence $ 500,000 (Combined Single Limit) Excess Liability: Umbrella Form: $1,000,000 The following names shall be added as additional insured on CONTRACTOR'S commercial general liability, commercial automobile liability and excess liability policies: OWNER City of Boynton Beach Boynton Beach, Florida ENGINEER ARCADIS U. S., Inc. 2081 Vista Parkway, Suite 200 West Palm Beach, Florida 334011 5.5. CONTRACTOR shall deliver a certificate of insurance evidencing such coverage to ENGINEER. The additional liability coverage for ENGINEER is not to be construed as requiring, in any way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting ENGINEER for its liability emanating from professional errors or omissions. All insurance shall contain a provision that coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days prior written notice has been given to OWNER and ENGINEER. Commercial Liability Insurance: 5.6 The commercial general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.3 I. Acceptance ofInsurance: 5.7.1. If OWNER has any objection to the coverage afforded by or other provisions of the insurance being purchased and maintained by CONTRACTOR subsequent to issuance of the Notice to Proceed on the basis of its not complying with the Contract Documents, Owner shall notifY CONTRACTOR in writing thereof within thirty (30) days of date from receipt of notice of changed or dropped coverage by OWNER. CONTRACTOR shall provide to OWNER such additional information in respect of insurance provided as OWNER may reasonably request. In the event of changed conditions, OWNER may require CONTRACTOR to supplement or require such additional insurance as OWNER may reasonably request. 5.7.2 In case of the breach by CONTRACTOR of any insurance provision stated in the Contract Documents, OWNER, at his option, may take out and maintain, at the expense GC-1O of CONTRACTOR, such insurance as OWNER may deem proper and OWNER may deduct the cost of such insurance from any monies which may be due or become due CONTRACTOR under this Agreement. Partial Utilization-Property Insurance: 5.8. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. ARTICLE 6 CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.1.1. The Contract Documents are intended to communicate the nature of the design, concept and scope of the Work. CONTRACTOR shall be responsible for the construction and coordination of the parts and all systems shall be completely compatible and fully functional without additional cost. 6.2 During the progress of the Work, CONTRACTOR shall continuously employ a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER, except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitable qualified personnel to survey and layout the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and GC-II equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable supplier, except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to ENGINEER, or any of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 and 9.]6. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments); these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Equivalent or Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall rnake written application to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equivalent or equal substance to that specified and be suited to the same use as the specified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be sirnilar to that provided in paragraph 6.7.] as applied by ENGINEER and as may be supplemented in the General Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced GC-12 by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish, at CONTRACTOR's expense, a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluating each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcontractor, Suppliers or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perfornl any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the OWNER requires the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER in advance of the specified date of the Agreement for acceptance by OWNER, and if CONTRACTOR has submitted a list thereof, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the proposal documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any monies due any such Subcontractor, Supplier or other person or organization except as may otherwise by required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11 CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by CONTRACTOR on account oflosses under policies issued pursuant to Article 5. Patent Fees and Royalties: GC-13 6.12. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract documents for use in the performance of the Work and if, to the actual knowledge of OWNER or ENGINEER, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting frorn the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay the costs for the provision of all utility services required for the Work. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom, however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant therefor of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because ofthe performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or to otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, GC-14 architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises fee from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion ofthe Work, CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises, as well as all tools, appliances, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.]8. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents, together with all approved samples and a counterpart of all approved Shop Drawings, will be available to ENGINEER for reference and examination and shall be delivered to ENGINEER for OWNER upon Substantial Completion of the Work. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. All employees on the Work and other persons and organizations who may be affected thereby; ii. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and iii. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraphs 6.20.2 or 6.30.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except darnage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in GC-lS connection with Substantial Completion). 6.21. CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9), or for other appropriate action if so indicated in the Supplementary conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the information as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work all samples required by the Contract Documents. All samples will have been checked by and accompanied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. Before submission of each Shop Drawing or sample, CONTRACTOR shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review and approval of each variation. 6.26. ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but ENGINEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall made corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. The words "reasonable promptness" as used in this paragraph 6.26. shall mean that the Shop Drawings and/or samples will be placed in the mail for return to Contractor within fourteen (14) days after their arrival in the ENGINEER's office. GC-16 6.27. ENGINEER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGINEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph ]5.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. CONTRACTOR hereby agrees to indemnify and hold harmless OWNER (and its directors, officers, employees, agents and independent contractors) from and against all claims, damages, losses and expenses, direct, indirect and consequential (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Palm Beach Gardens, Florida Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any intentional or negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. CONTRACTOR acknowledges that one (I %) percent of the Contract Price represents specific consideration to CONTRACTOR for the indemnifications set forth above and elsewhere in the Contract Documents. 6.31. In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workrnen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, design or specifications. ARTICLE 7 OTHER WORK Related Work at Site: GC-17 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefor as provided in Articles I] and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such direct contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with the work being performed by the party performing such additional work. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate wish such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR is said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified in these General Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such authority and responsibilities will be provided, in these General Conditions. Unless otherwise provided in these General Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8 OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and ]4.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1. and 4.4. Paragraph 4.2 refers to GC-18 OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER is obligated to execute Change Orders as indicated in paragraph lOA. 8.6. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.7. In connection with OWNER's right to a stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain circumstances. ARTICLE 9 ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. Upon OWNER's written direction, ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe and inspect the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. Upon OWNER's direction in writing, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistant will be as provided in a separate written document. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will be as provided in a separate written document. Clarifications and Interpretations: 9A. ENGINEER will Issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or GC-19 Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These rnay be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may rnake a claim therefor as provided in Articles]] or 12. Rejecting Defective Work: 9.6, ENGINEER will have authority to disapprove or reject work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.29, inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, II and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to ENGINEER written notice of intention to appeal from such a decision. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability ofthe Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing, with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and other party to the Agreement promptly (but in no event later than thirty (30) days after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support ofthe claim. 9.12. When functioning as interpreter and judge under paragraph 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to GC-20 paragraphs 9.10 and 9.11 with respect to any such c1airn, dispute or other matter (except any which have been waived by the rnaking or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 9.14. ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.15. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions ofthe Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appropriate Change orders (or Written Amendments) covering: 1. Changes in the Work which are ordered by OWNER pursuant to paragraph 10. I. are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13 .14, or are agreed to by the parties; n. Changes in the Contract Price or Contract Time which are agreed to by the parties; and iii. Changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 9.13; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any C,C-2! such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract price. ] 1.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways; i. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.] through 11.9.3, inclusive), ii. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1), or iii. On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 11.6 and 11.7). Cost ofthe Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance ofthe Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in the amounts no higher than those prevailing in the locality of the Project, shall not include any ofthe costs itemized in paragraph 11.5 and shall include only the following items: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages, plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health GC-22 and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All case discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive proposals from Subcontractors acceptable to CONTRACTOR and shall deliver such proposals to OWNER, who will then determine, with the advice of ENGINEER, which proposals will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. I] .4.4. Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.2. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses) not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have resulted from causes other than the intentional acts or negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's Fee. If, however, any such loss or damage GC-23 requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty case items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expeditor, timekeepers, clerks and other personnel employed by CONTRACTOR, whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 - all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. ] 1.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premium for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Cost due to the intentional acts or negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: ] 1.6. The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.6.1. A mutually acceptable fixed fee; or if none can be agreed upon, 11.6.2. A fee based on the following considerations: 11.6.2.1. For costs incurred under paragraphs 11.4.1 and I] .4.2, CONTRACTOR's Fee shall be fifteen percent (15%) of the Cost of such Work; ] 1.6.2.2. For costs incurred under paragraph 11.4.3, CONTRACTOR's Fee shall be five percent (5%) of the Cost of such Work; and if a subcontract is on the basis of Cost of the GC-24 Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent (15%) of the Cost of such Work; 11.6.2.3. No fee shall be payable on the basis of costs itemized under paragraphs ] 1.4.4, 11.4.5 and 11.5; 11.6.2.4. The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease, plus a deduction in CONTRACTOR's Fee by an amount equal to ten percent (10%) of the net decrease; and 11.6.2.5. When both additions and credits are involved in anyone change, the adjustment in CONTRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4. or 11.5, CONTRACTOR shall submit in form acceptable to ENGINEER an itemized cost breakdown, together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Proposals and determine an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the GC-25 Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CONTRACTOR may make a claim for an increase in the Contract Price in accordance with Article ] I if the parties are unable to agree as to the amount of any such increase. ARTICLE 12 CHANGE OF CONTRACT TIME ]2.1. The Contract Time rnay only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30) days after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph ]2.1. 12.2. All equipment delivery and subcontractor or supplier performance shall be considered to be within the control of CONTRACTOR. No time extensions shall be granted for delays due to manufacturing, delivery, or failure to perform under the contract. No time extension shall be granted unless CONTRACTOR can demonstrate, with the concurrence of ENGINEER, that the Contract Time requires modification. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement The provisions of this Article ]2 shall not exclude recovery of damages (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party . 12.4. Claims for extension of Contract Time will be approved by OWNER only if the item or the event which causes the delay, affects the path of critical events of the Work. In such case, an extension of time will then be allowed to equal the number of days by which this path of events is lengthened. If required by ENGINEER, CONTRACTOR shall indicate this path of critical events, by diagram or narrative, in such detail as rnay be necessary to justify the claim and establish the number of days delay. The path of critical events mentioned herein is defined as that series of interdependent construction events which rnust be sequentially performed and which require a longer total time to perform than any other such series. ARTICLE 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions GC-26 for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. Prompt notice of all observed defects shall be given to the CONTRACTOR. CONTRACTOR shall give at least twenty-four (24) hours notice to ENGINEER prior to all required inspections, tests or approvals, unless otherwise provided. 13.4. If Laws and Regulation of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation of the Work. All cost of all inspections, tests, certifications and approvals required by the Contract Documents shall be paid by the CONTRACTOR. All re-testing requested by the ENGINEER shall be paid for by the CONTRACTOR. 13.5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER ifso specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense, unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR for CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover. expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. Owner May Stop the Work: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed GC-27 Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11 If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with non-defective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. One Year Correction Period: 13.12 If within one (1) year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, ifit has been rejected by OWNER, remove it from the site and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include, but not limited to, fees and charges of engineers, architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. Owner May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11 or if CONTRACTOR fails to comply with any other provision of the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously to the extent necessary to cornplete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend Contractor's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and rnachinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall GC-28 allow OWNER, OWNER's representatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and consequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions if the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such direct, indirect and consequential costs will include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE ]4 PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payment on account of Unit Price Work will be based on the nurnber of units completed. Application for Progress Payment: ]4.2. At least twenty (20) days before each progress payment is scheduled (not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to OWNER not later than the time of payment, free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten (I) days after presentation of the Application for Payment with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment GC-29 will constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGINEER's review of the application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of ENGINEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph ] 4.] 3 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole or any part of any payment, if in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment, or because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify and such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: i. The Work is defective, or completed Work has been damaged required correction or replacement; ii. The Contract Price has been reduced by Written Amendment or Change Order; iii. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.14; or iv. Of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9, inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a setoff against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt ofthe tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. I f, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will, within fourteen (14) days after submission of the tentative certificate to OWNER, notify GC-30 CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the work substantially complete, ENGINEER will, within said fourteen (14) days, execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operations, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 14.10.1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of cornpletion. If ENGINEER does not consider the part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing, giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR, together with a written recommendation as to the division of responsibilities ending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. GC-31 ]4.103. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect to property insurance. Final Inspection: 14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other documents as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable, CONTRACTOR may make final Application for Payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all liens arising out of or filed in connection with the Work. In lieu thereof and if approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR and furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation- all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provision of paragraph 14.16. Otherwise, ENGINEER will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty (30) days after presentation to OWNER of the Application and accompanying documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payrnent and recommendation of ENGINEER, and without terminating the Agreement, rnake payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not full completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the surety of the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. GC-32 Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, or the issuance of a certificate of Substantial Completion, or any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy ofthe Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and identified by CONTRACTOR as unsettled at the time ofthe final Application for Payment. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, suspend the Work or any portion thereoffor a period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate: 15.2. Upon the occurrence of anyone or more of the following events: 1. If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; ii. I f a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to Bankruptcy or insolvency; iii. I f CONTRACTOR makes a general assignment for the benefit of creditors: IV. If a trustee, receiver custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; v. If CONTRACTOR admits in writing an inability to pay its debts generally as they become due; GC-33 vi. If CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 29.9 as reviewed from time to time); vii. If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; viii. If CONTRACTOR disregards the authority of ENGINEER; or ix. If CONTRACTOR otherwise violates in any substantial way any provision of the Contract Documents: OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven (7) days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs), such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by Owner, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. ]5.4. Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to abandon the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained, plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and consequential costs including, but not limited to, fees and charges of engineer, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty (30) days after it is submitted, or OWNER fails for thirty (30) days to pay CONTRACTOR any sum finally determined to be due, the CONTRACTOR may, upon seven (7) days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained, plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may, upon seven (7) days' written notice to OWNER and ENGINEER, stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. GC-34 ARTICLE 16 MISCELLANEOUS Giving Notice: 16.1. Whenever any provision of the Contract Documents require the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for when it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 16.2.1. When any period of time is referred to in the Contract Docurnents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 16.6.2. A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall constitute a day. General: 16.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular, but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30,13.1,13.12,13.14,14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions ofthis paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination of completion of the Agreement. 16.5. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, rnay not submit a proposal on a contract with a public entity for the construction or repair of a public building or a public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY 2 for a period of thirty-six (36) months frorn the date of being placed on the convicted vendor list. GC-35 AGREEMENT FOR SUBCONTRACTOR SERVICES AGREEMENT NO. ARCADIS- AD-I IF THIS AGREEMENT REPRESENTS A "MASTER AGREEMENT PLEASE INCLUDE SUBCONTRACT AND ARCADlS PROJECT NUMBERS ON ALL INVOICES AND CORRESPONDENCE: CHECK HERE 0 AND REFER TO SCHEDULE A, PARAGRAPH 30. . ARCADIS PROJECT NO: WF089000.0000 . CLIENT NAME: CITY OF BOYNTON BEACH. FLORIDA . CLIENT CONTRACT NO: NOT DETERMINED (If applicable) I. (.1 '\ I I{ \I 1\ 1'1 SOl SI In I< I S lOBII'I RI Olnll II 2. BII I 1'\<' \IIIIIH SS . TYPE OF SERVICE(S) TO BE PERFORMED (Check All That . MAIL INVOICE TO: Apply]: ARCADIS U. S..Inc. 0 Ethical Business Practices Provision (Non-U.S. Work) 2081 Vista Parkwav, Suite 200 (include Schedule L) West Palm Beach. FL 33411 0 Consulting ATTN:Thomas L. Tessier 0 Construction (include Schedule F) ~ Drilling and/or Geoprobe (include Schedule G) Telephone No. 561-697-7000 0 Laboratory (include Schedule H) Facsimile No.: 561-697-7751 0 Surveying (include Schedule I) E-mail Address: ttessier@arcadis-us.com 0 Utility Location/Clearance (include Schedule G) 0 Other:_ J. '\0 II< I S IH ()I IIH II B\ IIIIS \C.I{II \11 '\ I SII \11 BI \IIIIRI SSI II 10' . SUBCONTRACTOR NAME & ADDRESS (pLEASE PRINT): . ARCADlS LEGAL ENTITY _ ("SUBCONTRACTOR") ARCADIS U. S.. Inc. ("ARCADIS") - 2081 Vista Parkway, Suite 200 - West Palm Beach. FL 33411 ATTN: - ATTN:Thomas L. Tessier Telephone No. - Telephone No. 561-697-7000 Facsimile No.: - Facsimile No.: 561-697-7751 E-mail Address: E-mail Address: ttessier arcadis-us.com ARCADIS and SUBCONTRACTOR desire that SUBCONTRACTOR be available to perfonn certain services as required by ARCADIS on behalf of ARCADIS Clients. SUBCONTRACTOR represents that it possesses the necessary skills and experience to provide the requested SUBCONTRACTOR Services ("the Work" or "the Services") and agrees to perfonn the Work or Services as described in this Agreement and Work Authorization(s) ("Work Authorization") issued from time to time by ARCADIS and accepted by SUBCONTRACTOR, in accordance with the tenns and conditions of this Agreement. This A eement shall consist of the followin documents if desi ated and/or otherwise attached hereto: ~ ~ AGREEMENT for Subcontractor Services o SCHEDULE H: Special Provisions for Laboratory Services ~ SCHEDULE A: General Provisions o SCHEDULE I: Special Provisions for Surveyors ~ SCHEDULE B: Initial ARCADIS Work Authorization(s) to o SCHEDULE L: Ethical Business Practices Provision include Statement of Services & Subcontractor Compensation ~ SCHEDULE C: Minimum Insurance Requirements o EXHIBIT 1: Work Authorization Fonn ~ SCHEDULE D: Prime Contract Tenns & Conditions (Flowdowns) o EXHIBIT 2: Release of Lien Fonn o SCHEDULE E: Special Provisions-Other (if any) o EXHIBIT 3: Subcontractor's duly authorized and compliant !:8J SCHEDULE F: Special Provisions for Contractors Insurance Certificate !:8J SCHEDULE G: Special Provisions for Utility Locators, o EXHIBIT 4: Other: _ Drilling/Geoprobe Excavatin and Intrusive Services This Agreement for Subcontractor Services ("Agreement") is made this _ day of _, _, (the "Effecitive Date") for good and valuable consideration (the receipt of which is acknowledged). This Agreement may not be modified without the express written consent of both parties and shall be binding upon and inure to the benefit of the respective successors and assigns of ARCADIS and SUBCONTRACTOR. The Initial Tenn of this Agreement shall be one year from the date set forth above and shall automatically renew for successive one (I) year periods, subject to the provisions for termination as herein rovided. By: - - itle Printed: - Title Printed: Date: - Date: - ARCADIS AGREEMENT FOR SUBCONTRACTOR SERVICES , -- --- ------- ~~-------- ------- --- - - - " ilLJJl 1.1. \ ,.1 'd h. \.l ! j h. \-1 , 1.".1 J \.. t j .., i J I 1 J" 1 "c.., \ h..; ~ . ~J ... U L I " Ol{~ "I In I( I '-. subcontractors and suppliers. Ifany sub-subcontractor or supplier fails SUBCONTRACTOR shall diligently perfonn all services, furnish all to furnish such a release or receipt in full, SUBCONTRACTOR may labor and materials and perfonn all tasks necessary to produce all of the furnish a bond or other collateral satisfactory to ARCADIS to indemnify deliverables required and perfonn all of the Work reasonably implied or ARCADIS against any Lien. inferred in each duly executed Work Authorization issued under the 35 Notwithstanding the foregoing, ARCADIS may withhold from any terms of this Agreement, its Schedules and Exhibits, as well as all other payment any amounts in dispute because of but not I imited to the documents attached to or incorporated by reference as fonning a part of following: (i) defective work not remedied; (ii) third-party claims filed this Agreement. SUBCONTRACTOR shall comply with all applicable or reasonable evidence indicating probable filing of such claims; laws and regulations of any governmental agency having jurisdiction (iii) failure of the SUBCONTRACTOR to make payment properly to (including any requirement to obtain and maintain any pennits, licenses, subcontractors or for labor, materials or equipment; (iv) damage to or approvals) in order to complete the Work described in each Work another contractor or other entity; (v) unsatisfactory prosecution of the Authorization issued hereunder. SUBCONTRACTOR agrees to Work by the SUBCONTRACTOR; or (vi) amounts owed bv commence and complete the Work in accordance with any schedule SUBCONTRACTOR to ARCADIS under this or any other Agreement. incorporated into this Agreement, or any duly executed Work SUBCONTRACTOR shall promptly pay all bills incurred by Authorization, or any schedule submitted by SUBCONTRACTOR and SUBCONTRACTOR in performance of the Work, including, without otherwise accepted in writing by ARCADIS; and with respect to any limitation, bills for labor, services, equipment, and materials. Changes, out of scope or additional work, SUBCONTRACTOR shall 3.6 Payments made to the SUBCONTRACTOR will include compensation expeditiously perform such work according to any schedule therefore for any and all applicable sales, use, gross receipts or excises taxes. In agreed to by the parties. recognition that ARCADIS' client agreement requires the prompt SUBCONTRACfOR shall designate a competent representative at each submission of invoices for payment, the parties agree that all invoices location SUBCONTRACTOR is perfonning services for ARCADIS must be submitted by SUBCONTRACTOR to ARCADIS within ninety ("Site") and shall do no work unless its representative is present. (90) days of the date costs are incurred or the scheduled completion date SUBCONTRACTOR's representative shall be in full charge of the whichever occurs first. SUBCONTRACTOR waives its right to receive Work and all instructions or notices given to him or her shall be binding payment on any and all invoices which are not submitted within that as if given to SUBCONTRACTOR directly. time period. 3.7 ARCADIS may set-off or counterclaim against amounts payable to , ( (nll'l "" \ 110" - SUBCONTRACTOR, or asserted to be payable to SUBCONTRACTOR shall be compensated for Work satisfactorily SUBCONTRACTOR, under this or any other contract. any claim completed in accordance with the terms and conditions of this ARCADIS may have against SUBCONTRACTOR. Agreement, as agreed between the Parties in each duly executed Work I I 'I' \Pi, pJ ( '11 1 I PI ' " '\ '\ ~ '! '1 I , , "'1' Authorization. \ \ \ l{ H \ \ ! Ii ' . ; 1'\\\11"1. SUBCONTRACTOR shall faithfully perform its services and the Work 3.1 SUBCONTRACTOR expressly agrees that it shall be a condition to any using the highest degree of care, skill, training, diligence andjudgment payment that ARCADIS shall have received payment from the Client ordinarily exercised under similar circumstances by competent members for such work of the SUBCONTRACTOR, and that such payment by of the profession which SUBCONTRACTOR practices or industry or the Client shall be a condition precedent to ARCADIS' obligations business in which SUBCONTRACTOR works. SUBCONTRACfOR hereunder, and that ARCADIS shall have no obligation to agrees to promptly reperfonn, repair or replace, at ARCADIS' option SUBCONTRACTOR unless payment for such work is made to and at SUBCONTRACTOR's cost and expense, any service or Work ARCADIS by the Client. which fail to confonn to such requirements or in the event such a degree 3.2 Each invoice submitted by SUBCONTRACTOR to ARCADIS shall be of skill and care is not exercised. a complete and accurate statement of the work provided; and shall be SUBCONTRACTOR further warrants and guarantees that all goods and considered a warranty on the part of SUBCONTRACTOR to ARCADIS materials provided hereunder shall be: (i) be new and fit for the intended that SUBCONTRACTOR is properly entitled to payment. purpose, (ii) provided in conformance with types and quantities SUBCONTRACTOR shall only charge for labor and materials in the specified; (iii) installed by qualified, careful and efficient workers; and. invoice at rates and quantities actually used, and prior to submitting any (iv) free from defects in materials and workmanship for a period of one invoice for reimbursement, shall have paid all persons or entities (I) year from completion and acceptance by ARCADIS. performing services or furnishing materials or supplies to SUBCONTRACTOR further warrants all Work, including but not SUBCONTRACTOR hereunder during the period covered by such I imited to all materials and equipment, against failure, leaks, breaks, and invoice, unless SUBCONTRACTOR specifies on any such invoice the other unsatisfactory conditions or defects for a period of one (J) year name of the person or entity who or which has not fully been paid, and from completion and acceptance by ARCADIS. SUBCONTRACTOR the amount then owing to any such person or corporation. No payment agrees to promptly repair or replace, at ARCADIS' option and at shall be made to SUBCONTRACTOR without a duly executed SUBCONTRACfOR's cost and expense, all defects, as well as faulty Agreement or Work Authorization and a valid, current Certificate of materials, equipment, and systems, including but not limited to. Insurance in compliance with this Agreement and the governing Work manufactured parts and faulty installation. Authorization. SUBCONTRACTOR further agrees to obtain and assign to ARCADIS 33 If ARCADIS objects to any portion of an invoice, ARCADIS shall or its Client. as directed by ARCADIS, all guarantees and warranties notify SUBCONTRACTOR of the objection and the grounds, and the offered by or reasonably available from all vendors, subcontractors and parties immediately shall make every effort to settle the disputed portion suppl iers of goods or services who provide machinery, equipment. of the invoice. ARCADIS, in any event, shall pay every portion of the materials or services for the Work, including but not limited to those invoice that is not in dispute within the period for payment. required under the Prime Contract. 3.4 The final Applications for Payment shall be accompanied (except as Ifat any time during performance of the Work or during the one (I) year previously delivered) by: (i) all documents called for in the Agreement, period after completion and acceptance of the Work by ARCADIS (or including but not limited to the evidence of insurance required by such longer period of time as may be required by the Prime Contract Schedule A, Section 7, Schedule C and Schedule D, (ii) consent of the between ARCADIS and its Client), SUBCONTRACTOR shall receive surety, if any, to final payment, and (iii) complete and legally effective a written notice of defect or non-confonnance from ARCADIS and shall releases or waivers (satisfactory to ARCADIS) of all Liens arising out fail to correct such defect or non-confonnity within the time limit of or filed in connection with the Work including release from all sub- specified, ARCADIS may cause the same to be corrected by either its own forces or by others and either deduct costs incurred from any Work Authorization or Prime Contract attached hereto or made a part amounts due and owing to SUBCONTRAcrOR under this or any other hereof, SUBCONTRACTOR agrees to comply with such request and to Agreement between ARCADIS or its affiliated companies and notify ARCADIS of any failures to comply prior to accepting the SUBCONTRACTOR or invoice SUBCONTRACTOR directly for such contemplated work. In the event SUBCONTRACTOR fails to provide damages. SUBCONTRACTOR agrees to reimburse ARCADIS within such notice, ARCADIS shall have the right but not the obligation to thirty (30) days of receipt of ARCADIS' itemized invoice. procure said insurance for SUBCONTRACTOR. SUBCONTRACTOR SUBCONTRACTOR shall at all times enforce, or cause to be enforced, shall pay ARCADIS any and all costs and expenses incurred by strict discipline and good order among workmen employed to perform ARCADIS in procuring said insurance, and ARCADIS may deduct this the Work. Should any disorderly or incompetent person be employed amount from the Subcontract cost. SUBCONTRACTOR's failure to by SUBCONTRACTOR, or by any lower-tier subcontractor, upon or procure the required types and limits of insurance as set forth herein about any Site, SUBCONTRACTOR shall, upon request of ARCADIS' shall not relieve SUBCONTRACTOR of its indemnification obligations representative, cause such person to be removed from such Site and not hereunder. be again employed thereon without written permission of ARCADIS. S III1I \ '\ IlI{lSh: 01 lOSS. "' 1\1l11'1 \ III \1 ( 0\ I R \( lOR: I{I I \ IIO\SIIII' 01 I' \IU II ": SI Il( 0\ II{ \( 11\(,. Title to all materials shall pass to the Client upon delivery to the work site. SUBCONTRACTOR shall bear the risk of loss of such materials For purposes hereof, SUBCONTRAcrOR is an independent contractor until completion of the Work and final acceptance by ARCADIS. and shall not be considered an employee or agent of ARCADIS. l) I\IH '1\11'. SUBCONTRACTOR is responsible for all means, methods, sequences SUBCONTRACTOR agrees to indemnify, defend and hold harmless and procedures for carrying out the Work, including safety, and shall maintain complete control of its employees, agents, subcontractors and ARCADIS and the Client served under this Agreement and the vendors. SUBCONTRACTOR shall not take any action or allow any directors, officers, employees, shareholders and affiliates of either of omission inconsistent with its status as an independent contractor under them from and against any and all liabilities, losses, damages, costs and this Agreement. This Agreement is subject to the terms and conditions expenses (including attorneys' fees and court costs) which Client, of the Prime Contract entered into between ARCADIS and the owner or ARCADIS and their directors, officers, employees and agents hereafter client for the specific Project. SUBCONTRAcrOR has received a copy may suffer as the result any breach by SUBCONTRACTOR of the of such contract and agrees to perform all obligations of such contract as terms of this Agreement or in connection with any claim, demand, it applies and with respect to the Work of the SUBCONTRACTOR, action or right of action (whether at law or in equity) brought or asserted including any terms and provisions for indemnity, insurance, warranties, by any third party including, but not limited to any personal injury and liquidated damages. (including death) or property damage relating to or arising from the Nothing herein shall be deemed or construed as creating any agency or performance of the Work by the SUBCONTRACTOR, its directors, granting either party any right or authority to assume or to create any officers, employees, affiliates, lower-tier subcontractors, agents or obligation, warranty or responsibility on behalf of the other. representatives. SUBCONTRACTOR shall not be liable to the extent SUBCONTRACTOR shall not subcontract performance of all or any that any liability, loss, damage, cost, and expense results from the sole portion of the Work under this Agreement without the prior written negligence or willful misconduct by ARCADIS or its directors, officers, approval of ARCADIS. If requested by ARCADIS, employees or agents. SUBCONTRACTOR agrees to promptly pay SUBCONTRACTOR shall furnish ARCADIS a copy of the proposed ARCADIS all sums ARCADIS may be required to pay in settlement of subcontract for ARCADIS' review of the terms and conditions thereof, any Loss on account thereof, including any claim under the provisions and shall not execute such subcontract until ARCADIS has given notice of any workers' compensation law or similar law. In the event any Loss of ARCADIS' approval. Failure of SUBCONTRAcrOR to comply is claimed by one party against the other, and the claiming party does with this section may be deemed to be a material breach of this not succeed in proving the Loss, the other party shall be entitled to Agreement and grounds for ARCADIS to withhold payment therefor. recover, within a reasonable period of time after demand therefor, all SUBCONTRACTOR guarantees that subcontractors of reasonable costs incurred. SUBCONTRACTOR, for performance ofthe Work, will comply fully III 1.11 \S with the terms of this Agreement applicable to the portion ofthe Work SUBCONTRACTOR shall promptly pay for all services, materials, performed by them. equipment and labor used or furnished by SUBCONTRAcrOR in the I> ( 11\'\(.1 S. performance of the Work, and shall, at SUBCONTRAcrOR's expense, No changes to this Agreement and no extra charges will be allowed keep all property belonging to ARCADIS and Client or either of them unless a duly authorized representative of ARCADIS specifically agrees free and clear of any and all liens and rights of lien arising out of to them in writing. As a condition precedent to SUBCONTRACTOR's services, labor, equipment, or materials furnished by recovery on any claim for an increase in the cost of the Work or for an SUBCONTRACTOR or its employees, material men or sub- extension of time to complete the Work (a "Claim"), subcontractors in performance of the Work. If SUBCONTRACTOR SUBCONTRACTOR shall, immediately after the occurrence of the fails to release and discharge any such claim or lien on the property of event which SUBCONTRACTOR believes may give rise to a Claim, ARCADIS and Client or either of them within seven (7) days after give ARCADIS written notice of the claim, which notice shall contain a receipt of written notice from ARCADIS to remove such claim or lien, verified statement that supports the claim and details the estimated ARCADIS may, at its option, discharge or release the lien or claim of change in the Subcontract cost and the time to complete the Work. lien or take such other action with respect to the lien as ARCADIS may SUBCONTRACTOR's failure to provide notice as required by this deem appropriate. SUBCONTRACTOR shall pay ARCADIS any and paragraph shall be a waiver of SUBCONTRACTOR's right to recovery all costs and expenses incurred by ARCADIS in so doing (including under the terms of the Prime Contract between ARCADIS and its Client reasonable attorney's fees), and ARCADIS may deduct this amount on a Claim. In no event shall SUBCONTRACTOR be entitled to from the Subcontract cost. SUBCONTRACTOR shall, at its own compensation for changes which are not reimbursable to ARCADIS by expense, defend any action based on such claim or I ien, and shall pay its Client. Any determination by ARCADIS or Client with regard to and satisfy any judgment which may be established by decision of the same shall be binding upon SUBCONTRACTOR. court. - J:\SI I{ \\( I. 11 1 ()I \I 1'11'1.0' 'II '\ I. From the date of commencement of the Work until its completion, SUBCONTRACTOR certifies compliance with all applicable Federal, SUBCONTRACTOR shall provide and maintain, at a minimum, at provincial, state, local and other anti-discrimination laws, the standards SUBCONTRACTOR's expense, the insurance required by Schedule C. and regulations issued thereunder, and the amendments thereto. The In the event the Client requests additional types or an increase in the SUBCONTRAcrOR certifies compliance, to the extent applicable, with amounts of insurance required in Schedule C, as may defined in any all applicable provisions of the standards and regulations issued thereunder. Such rules and regulations are incorporated herein by instructions of ARCADIS' representative which are consistent with this reference with the same force and effect as if set forth herein verbatim. Agreement; or (viii) SUBCONTRACTOR should violate any provision L' \'>'>1<,'\\1''\' ,,' Il( 0'\ I ,,\( 1-,. of this Agreement and shall fail to correct such violation promptly following receipt of notice from ARCADIS. In the event of such SUBCONTRACTOR shall not assign or subcontract this Agreement or tennination: (i) On the tennination date, ARCADIS shall remove any part hereof without the prior written consent of ARCADIS, nor shall SUBCONTRACTOR from the Site(s) and take possession of all SUBCONTRACTOR assign any moneys due or to become due to It materials thereon for which SUBCONTRACTOR is entitled to receive hereunder without the written consent of ARCADIS. Any such payment under the provisions of this Agreement, and ARCADIS assignment or subcontract shall be null and void. SUBCONTRACTOR thereafter may complete the Work, or cause the Work to be completed, shall impose on its lower-tier subcontractors the same responsibilities by whatever means ARCADIS deems expedient; (ii) that SUBCONTRACTOR assumes by the tenns and conditions of this SUBCONTRACTOR shall promptly thereafter transfer and assign to Agreement. SUBCONTRACTOR will be fully responsible to ARCADIS, m accordance with ARCADIS' instructions, all ARCADIS for the acts and omissions of its lower-tier subcontractors improvements and materials for which SUBCONTRACTOR is entitled and of persons either directly or indirectly employed by all of to receive payment under the provisions of this Agreement, and SUBCONTRACTOR's lower-tier subcontractors. This Agreement shall SUBCONTRACTOR shall return to ARCADIS all infonnation not be transferable by SUBCONTRACTOR or by operation of law. furnished by ARCADIS in connection with the Work, together with all If requested by ARCADIS, SUBCONTRACTOR shall furnish data developed by SUBCONTRACTOR under this Agreement; and (iii) ARCADIS a copy of any proposed agreement between SUBCONTRACTOR shall not be entitled to receive any further SUBCONTRACTOR and any of its lower-tier subcontractors for payment under this Agreement until the Work is wholly finished, and ARCADIS' review of the tenns and conditions thereof, and shall not ARCADIS shall have the right to deduct from any balance due execute such agreement until ARCADIS has given notice of ARCADIS' SUBCONTRACTOR under this Agreement the amount of damage in- approval. Failure of SUBCONTRACTOR to comply with this section curred by ARCADIS through SUBCONTRACTOR's default, including may be deemed to be a material breach of this Agreement and grounds the cost of completing the Work. In the event the amount of damage for ARCADIS to withhold payment therefor. SUBCONTRACTOR exceeds the balance due hereunder, SUBCONTRACTOR shall pay to guarantees that all lower-tier subcontractors of SUBCONTRACTOR ARCADIS the amount of such excess. The rights and remedies of will comply fully with the tenns of this Agreement which are applicable ARCADIS set forth in this Paragraph shall not be exclusive and are in to the portion of the Work perfonned by them. addition to all other rights and remedies of ARCADIS. 11 (0'1 II< 10.,01 I'll I{( '>, It Itlnll"\ \, 10'\ lOR ( U'\\ 1'1' \( I SUBCONTRACTOR acknowledges that if, in the sole discretion of In the event that ARCADIS terminates or cancels this Agreement. in ARCADIS, after consultation with the SUBCONTRACTOR, the whole or in part, for convenience or any reason whatsoever, other than potential perfonnance of other services could result in a conflict with I default, SUBCONTRACTOR shall have no claim of any kind, sounding SUBCONTRACTOR's obligations under this Agreement or any Work either in contract or tort, for recovery of damages, costs or expenses Authorization, then SUBCONTRACTOR shall not perfonn the services. against ARCADIS, including, without restricting the general ity of the SUBCONTRACTOR represents that it has reasonably evaluated all foregoing, loss of revenue or profits, business interruption, loss of potential conflicts and has disclosed and will continue to disclose to compensation for changes or other damages of any kind, except that ARCADIS in writing any prior or existing relationships which present, ARCADIS shall be liable to SUBCONTRACTOR in accordance with or could appear to present, a conflict with the Work or services to be the tenns ofthis Agreement, inclusive of the limitations set forth in the performed. SUBCONTRACTOR acknowledges this is a continuing Prime Contract between ARCADIS and its Client, for any outstanding obligation. amount owing to SUBCONTRACTOR as a result of satisfactory Work I j II "". perfonned through the effective date of tennination and for any non- Time is of the essence in the perfonnance of the obligations created by cancelable commitment entered into by SUBCONTRACTOR relating thereto. this Agreement. The initial tenn ofthis Agreement shall be as set forth SUBCONTRACTOR may tenninate this Agreement upon thirty (30) in the signatory page and shall automatically renewal for successive one days prior written notice to ARCADIS, provided; however, that (I) year periods, subject to the provisions for termination as hereinafter SUBCONTRACTOR's notice oftennination shall not become effective provided. In the event Work has been commenced pnor to the execution until SUBCONTRACTOR has completed the Work defined in any and of this Agreement, this Agreement shall be effective retroactively to the all Work Authorizations accepted by SUBCONTRACTOR under this date the Work was commenced. Agreement prior to SUBCONTRACTOR's tendering of said notice of I ~ I L1nll'\ \ 110'\ I Ol{ DLI \11 I Il\ '>11l( 0'\ II{ \( lOlL tennination. ARCADIS may terminate the services of SUBCONTRACTOR at any In either event, SUBCONTRACTOR will promptly discontinue all time by giving written notice to SUBCONTRACTOR specifying that Work, place no additional orders, and preserve and protect materials on termination is being made under the provisions of this Paragraph and hand which are purchased for or committed to this Agreement. any specifying the effective date oftennination if(i) SUBCONTRACTOR Work-in-progress and/or completed Work, wherever located, and should be or become insolvent within the meaning of the Bankruptcy dispose of the same in accordance with ARCADIS instructions. Act of the United States of America and Bankruptcy and Insolvency Act I~ 1'>1 01 IHI{ , \11 '\ I'> ( 0" 1Il1 '\ I I \I II \ 0\\ \ I 1{,>III1'. of Canada; (ii) SUBCONTRACTOR should make a general assignment SUBCONTRACTOR shall maintain complete and accurate working for the benefit of creditors; (iii) Any proceeding should be brought by files and/or documentation of the Work, including new data, or against SUBCONTRACTOR seeking any reorganization. calculations, estimates, assumptions, logs, maps, drawings, plans, arrangement, composition, readjustment, liquidation, dissolution, or specifications, diaries, interpretations, notes and calibrations, and shall similar relief, under the present or any future federal bankruptcy acts or provide ARCADIS unrestricted access to such Items and dispose of under any other applicable federal or state law or regulation; (iv) Any them only as directed by ARCADIS. . proceeding should be brought seeking the appointment of a receiver or All documents provided by SUBCONTRACTOR pursuant to thiS similar office of the court with respect to SUBCONTRACTOR's Agreement are instruments of service of SUBCONTRACTOR, and business; (v) SUBCONTRACTOR should refuse or fail to supply SUBCONTRACTOR shall retain an ownership and property mterest enough properly skilled workmen or equipment or matenals of the therein (including the right of reuse ) until ARCADIS has made payment proper quality to properly or timely perfonn the Work; (VI) to SUBCONTRACTOR for such documents pursuant to thIS SUBCONTRACTOR should fail to make timely payments to Agreement. Notwithstanding the foregoing, upon tennination of this SUBCONTRACTOR's labor, subcontractors, materialmen, or suppliers; Agreement or at an earlier time if ARCADlS requests. (vii) SUBCONTRACTOR should disregard the laws, ordinances, SUBCONTRACTOR will deliver to ARCADIS any data, matenals or governmental rules or regulations, or should repeatedly disregard information received or generated in the performance of this Agreement. other party in writing of the reason for the non-performance and the anticipated extent of any delay. SUBCONTRACTOR shall (i) keep all information regarding the Work ~r) \11 III \ 110' \IWIII~ \ 110' \I I I I~' \ I 1\ I IlI"'P' I I. or any Work Authorization (including the Site thereot) and the Work I{I ...01 1 110'. itself, in strict confidence and (ii) ensure that it and its employees, If any dispute arises out of or relates to this Agreement, or the breach agents, contractors and subcontractors shall treat as confidential any information, whether verbal or written or of any description whatsoever, thereof, and the dispute cannot be settled through direct discussions by developed or obtained in performing the Work or in any way relating to the representatives ofthe Parties, the Parties agree to submit the matter the Work, the Site or this Agreement. Such information shall not be for arbitration or alternative dispute resolution in accordance with the disclosed to anyone other than ARCADIS, except for disclosure as provisions of the Prime Contract between ARCADIS and its Client. necessary to perform the Work. Under no circumstances shall any Any decision or determination required by the CI ient to be binding upon documents or other information relating to the Work or any Work ARCADIS shall be binding upon SUBCONTRACTOR. When not Authorizations be submitted or disclosed under any order of or as specified by the Prime Contract, the matter shall be submitted for required by any court or governmental agency, or by any third party, mediation under the Construction Industry Mediation Rules of the whether pursuant to subpoena or otherwise, without prior written notice American Arbitration Association before having recourse to ajudicial to and receipt of approval from ARCADIS. This obligation shall forum. No written or oral representation made during the course of any survive termination or completion of this Agreement. settlement negotiations or mediation shall be deemed a party admission. SUBCONTRACTOR shall execute and shall cause its employees ~I (,0\ II{' 1'(; I \ \\. assigned to perform the Work to execute a confidentiality agreement in Governing law shall be as set forth in the Prime Contract between a form or format acceptable to and as may be required by ARCADIS or ARCADIS and its Client. In the absence of such provision, the laws of it Client. the State in which the Site is located shall govern this Agreement and SUBCONTRACTOR and its subcontractors will not use or designate the legal relations of the Parties. for use in connection with the Work any patented or patent-pending " "'1 \ II{ \BIIII \ \'-1) \\ \1\ I.I{. article, method or device which involves or requires payment of any I icense, fee or royalty in addition to the purchase price without No waiver of the terms, conditions, or covenants ofthis Agreement shall ARCADIS' prior written approval. SUBCONTRACTOR agrees to be binding and effective unless the same shall be in writing, signed by indemnifY ARCADIS against any cost or expense incurred in both parties. Any such waiver of any breach of the terms, conditions, or connection with the payment of such I icense, fee or royalty in the event covenants of this Agreement shall be for that one time only and shall not that ARCADIS' prior approval is not obtained. SUBCONTRACTOR apply to any subsequent breach. The failure by either Party to enforce shall defend any suit or proceeding brought against ARCADIS based on against the other Party any term or provision of this Agreement shall be a claim that any item or part of an item furnished under this Agreement deemed not to be a waiver of such Party's right to enforce against the constitutes an infringement of any patent, trademark, servicemark, or other Party the same or any other such term or provision. I f any portion copyright, and shall pay all damages and costs awarded against of this Agreement is held invalid or inoperative, then so far as is ARCADIS or required to be paid in settlement of the claim. If the use reasonable and possible, the remainder of this Agreement shall be of an item or part of an item is enjoined, SUBCONTRACTOR shall at deemed valid and operative, and effect shall be given to the intent its own expense either procure for ARCADIS the right to continue using manifested by the portion held invalid or inoperative. the item or part or replace it with a non-infringing item or part or modifY 1 ' '-<)11< I..... - , the item or part so that it becomes non-infringing. Any such notices shall be either: (i) sent by certified mail, return receipt ARCADIS shall not be responsible for any inaccuracies or incomplete or unfinished materials supplied prior to completion of the Work. requested, in which case notice shall be deemed delivered three business days after deposit, postage prepaid in the U.S. Mail; (ii) sent by IX RI (OIWS \!\I) \11)11.... overnight delivery using a nationally recognized overnight courier, in SUBCONTRACTOR shall maintain all cost, expense, payroll and which case it shall be deemed delivered one business day after deposit related financial records and other records pertaining to the Work with such courier; or (iii) sent by personal delivery. The above performed by SUBCONTRACTOR under this Agreement for a period addresses may be changed by written notice to the other Party; of ten (10) years after final payment under this Agreement or until final provided, however, that no notice of a change of address shall be conclusion of any litigation or administrative proceeding arising under effective until actual receipt of such notice. Copies of notices are for or materially concerning this Agreement or the Work. ARCADIS shall informational purposes only, and a failure to give or receive copies of have access to and the right to audit, copy and inspect such records at any notice shall not be deemed a failure to give notice. any reasonable time during the course of the Work and for the period ~-1 111.\1111 \\IlS\III\. during which records are maintained. ARCADIS shall have access to SUBCONTRACTOR acknowledges that it is responsible for the health and the right to audit such books, records, and documents during SUBCONTRACTOR's normal business hours. If authorization is and safety of its workers and others relating to SUBCONTRACTOR's provided to dispose of SUBCONTRACTOR's records in less than ten Work and Site. SUBCONTRACTOR shall (i) be solely responsible for (10) years, SUBCONTRACTOR shall offer the records to ARCADIS initiating, maintaining and supervising all safety precautions and prior to disposal. ARCADIS shall be responsible for only the reasonable programs in connection with protection of the Work and any other transportation costs of records requested to be delivered to ARCADIS. persons who may be affected thereby and (ii) comply with all laws, ordinances, rules, regulations applicable to, and orders ofpublic bodies I') I.OIH F " \.11 1 I{L having jurisdiction over, the safety of persons or property or the Any delay in or failure of performance of, either party to this Agreement protection of them from damage, injury or loss, including, without shall not constitute a default nor give rise to any claim for damage, if limitation, the Department of Labor Safety and Health Regulations for and to the extent such delay or failure is caused by occurrences beyond construction as promulgated under the Occupational Safety and Health the control of the party affected, including but not limited to, acts of Act of 1970 (PL 91-596) and under Section 107 of the Contract Work God or the public enemy, expropriation or confiscation offacilities or Hours and Safety Standards Act (PL 91-54). compliance with any order or request of governmental authority, 2';;; ( \I'IIO\S. affecting to a degree not presently existing, the supply, availability, or The captions in this Agreement are for convenience only, and are not a use of personnel or equipment, acts of war, public disorder, insurrection, rebellion, sabotage, flood, riot, or any causes a party is unable, with part of this Agreement. The captions do not in any way define, limit, reasonable dil igence, to prevent; provided, however, that a party who is describe or amplifY the terms and provisions of this Agreement or the prevented from performing for any reason shall immediately notifY the scope or intent thereof. 2(l 1'( OIU'OI{ \ 110' B\ I{LJ I.RI.\( L This Agreement is subject to the terms and conditions of the contract or This Agreement constitutes the entire agreement between the Parties agreement entered into between ARCADIS and the owner or client for with respect to the Work, and supersedes all prior negotiations, the specific Project. SUBCONTRACTOR acknowledges that it has representations or agreements relating thereto, written or oral. except to received a copy of such contract and agrees to perform all obligations of the extent they are expressly incorporated herein. Unless otherwise such contract as it applies and with respect to the Work of the provided for herein, no amendments, changes, alterations or SUBCONTRACTOR, including any terms and provisions for modifications of this Agreement shall be effective unless in writing, indemnity, insurance, warranties, and liquidated damages. executed by ARCADIS and SUBCONTRACTOR. No other waiver, ~ - ( 0" I I< II' (. I I H' I" OIW I H 01 ('HI ( I III ,( I alteration, or modification of any provision in this Agreement will be . ... binding on either party, Any course of prior dealings or usage of the The terms and. condItIOns of thIS Agreement and ItS attachments are trade not expressly incorporated in this Agreement shall not be binding mtended to be mcluslve and complementary. In the event of a conflIct on either party. The parties represent and warrant that each has had the between the terms of thIS Agreement and any of the Schedules or opportunity to review and negotiate the terms of this Agreement, with ExhIbIts attached hereto or mcorporated by reference,. the follOWing the benefit of counsel if desired, and agree that any ambiguitv shall not Order of Precedence shall apply: Schedule E - SpeCIal Provlslons- be construed against the drafter ' Other (If Any), Schedule D - Prime Contract Terms & Conditions, . Schedules F -1 Special Provisions (as appropriate), Schedule A _ General ;r: \ I '" II H 'I II( 0' 11< \( I \ (, R I I 'II , f Provisions, Schedule C - Insurance, and Schedule B - Work This Agreement constitutes a Master Agreement if marked as such on Authorization (when executed by both Parties), the Signature (Cover) page. Future scopes of work may be added to this ~x '0 IIIIIW I' \I{ I' 111'111< I \IW '-. Master Agreement and shall be governed by its terms through the use of . . , an ARCADIS Work Authorization form that (a) references this Master The enforcement of the terms and condItIons of thIs Ag:eement and all Agreement and (b) is countersigned by an authorized representative of rights of actIon relating to such enforcement, shall be strIctly reserved to each party, Work Authorizations may be issued to ARCADIS and SUBCONTRACTOR, and nothing contained in this SUBCONTRACTOR by one or more of ARCADIS' affiliated Agreement shall gIve or allow any such claIm or right of action by any companies, and SUBCONTRACTOR shall look exclusively to the other or thIrd person on such Agreement. It IS the express Intention of ARCADIS company issuing such Work Authorization for payment, and ARCADIS and SUBCONTRACTOR that subcontractors and any other will have no recourse against any other ARCADIS affiliated company person other than ARCADIS or SUBCONTRACTOR receiving any , benefits from this Agreement shall be deemed to be incidental _ END OF SCHEDULE A _ GENERAL TERMS AND CONDITIONS _ beneficiaries only. 2') l'lml \(,RII\II'I \'" 'Il\ll "". ~ ~ I Jay_rio D ARCADIS In accordance with the terms and conditions of the Subcontract Agreement referenced above between ARCADIS U.S.. Inc. (hereinafter referred to as "ARCADIS" and SUBCONTRACTOR, SUBCONTRACTOR is authorized to rovide the follow in services: DESCRIPTION OF WORK: ADDITIONAL INFORMATION A IT ACHED? D No D Yes, Proposal dated January 17,2008 D Prime Agreement Incorporated by Reference D ReleaselWaiver of Claims and Liens Form D ARCADIS to dispose of SUBCONTRACTOR generated waste FOR LABORATORY SERVICES: D Work Authorization, Part 2 for Certain Laborato Services PROJECT SCHEDULE Tar et Start Date: Re uired Com letion Date: YOUR COMPENSATION FOR THESE SERVICES SHALL BE: D Time & Materials in accordance with the attached Rate Schedule D Cost plus Fixed Fee of _ % in accordance with attached Fixed Fee Schedule D Unit Pricing in accordance with the attached Unit Price Fee Schedule A maximum not to exceed amount of Thirty-one thousand dollars ($31,000.00) is authorized to cover these services. SUBCONTRACTOR shall not incur changes in excess of this amount without prior written approval from ARCADIS. MILESTONE PAYMENT SCHEDULE D Attached SUBCONTRACTOR SUBMITTALS / A IT ACHMENTS D Current, Compliant Insurance Certificate D Other: Identi :>. IO( 11\"\(,1 \ I'IU \ 10\ ....1' \I IIIOI{I/.I J) ....( 01'1 01 \\ Ol{h.. .n accordance with the terms and conditions of the Subcontract Agreement referenced above between between _ (hereinafter referred to as "ARCADIS") and SUBCONTRACTOR, the previously authorized scope of work and basis of compensation is modified as follows: Descri tion ofChan e: Reason for Chan e: Additional Information Attached? D No D Yes, identify: Schedule Impact? D No D Yes, explain: and insert revised start and/or completion dates below, as applicable Original Project Start Date: New Project Start Date: Original Project Completion Date: New Project Completion Date: Cost Impact? D No change in subcontract amount required D Increase in subcontract amount required D Decrease in subcontract amount required D No change in subcontract amount presently anticipated; however, final subcontract amount may require increase/decrease to accommodate this change upon project completion. Cost Increase / Decrease The amount of the subcontract will be D increased or D decreased by the sum of $ _ ($_). The total revised Contract Price is $ ($~ D New Work Authorizations Only Effective: D New and Existin Work Authorizations Effective: The undersigned SUBCONTRACTOR accepts this Work Authorization in all respects noted above. SUBCONTRACTOR agrees to furnish all labor and materials necessary to complete the work of said Work Authorization. This document shall become a supplement to the subcontract and all provisions will apply hereto. It is understood that the Work Authorization shall be effective when signed by the SUBCONTRACTOR's authorized representative. (Note: Both Parties Must Initial and Dale Attachments) By: By: (Signature of duly Authorized Representative) (Signature of duly Authorized Representative) Name Printed: Name Printed: Title Printed: Title Printed: ARCADIS AGREEMENT FOR SUBCONTRACTOR SERVICES I -~~l'~~----'--------- - SUBCONTRACTOR shall provide and maintain during the term of this insureds as their interests may apply on all policies as required by Schedule Agreement, at SUBCONTRACTOR's expense, the minimum limits of C (with the exception of the Workers' Compensation, Employer's Liability, insurance listed below: and any Professional Liability Policy). SUBCONTRACTOR shal] provide copies of such endorsements upon request. I Workers' Compensation, Disability Benefit, and Employer's Liability Insurance in at least the minimum amounts required by SUBCONTRACTOR shall cause the underwriters of each of the insurance and in compliance with the laws of the Staters) where the Work is coverage required above waive all rights of subrogation against "ARCADIS to be performed. U.S., Inc., its Client and their affiliates, directors, officers, employees, and agents" where allowed by law under each of the foregoing policies 2. Commercial General Liability Insurance, including contractual liability, completed operations, hazards and explosion, collapse Upon request SUBCONTRACTOR shall provide ARCADlS with certified and underground hazard coverage, with a limit of not less than copies of its insurance policies. $] ,000,000 per occurrence, $2,000,000 aggregate. All such insurance policies shall provide (unless by specific statute SUBCONTRACTOR agrees to promptly notity ARCADIS of any claims or applicable thereto it is otherwise provided) coverage for: (a) losses or potential claims or losses resulting from or arising out of damage to above-ground or underground property; (b) collapse of SUBCONTRACTOR's performance of the Work and shall, within three (3) structures; (c) damage resulting from explosion or blasting; (d) days of occurrence, provide ARCADlS with copies of damages or losses arising out of liabilities assumed, except SUBCONTRACTOR's correspondence pertaining to the incident, including infringement, under the indemnity provision of this Agreement: any and all SUBCONTRACTOR accident reports and (e) damage to completed operations. Notwithstanding the foregoing, in the event that the contract between ]f the Work to be performed is within or near a railroad right-of- ARCADlS and the Client specifies greater limits of insurance than those set way and other railroad facilities, SUBCONTRACTOR's insurance forth above, the SUBCONTRACTOR shall procure and maintain the limits shall not include any exclusions of coverage for any claims or in the amounts specified in such contract and to notity ARCAD]S of any liabilities associated with work, occurrences or incidents failures to comply Drior to accepting the contemplated work. In the event occurring within 50 feet of railroad right-of-way and other SUBCONTRACTOR fails to provide such notice, ARCADIS shall have the railroad facilities. SUBCONTRACTOR can generally meet this right but not the obligation to procure said Insurance for requirement by having the Contractual Liability - Railroads SUBCONTRACTOR. SUBCONTRACTOR shall pay ARCADIS any and standard form endorsement form ISO CG 24 17 ] 0 0] or all costs and expenses incurred by ARCADIS in procuring said insurance. equivalent. SUBCONTRACTOR's Certificate of Insurance shall and ARCADlS may deduct this amount from the Subcontract cost state that the railroad liability exclusion has been removed or otherwise deleted from its Commercial General Liability policy or SUBCONTRACTOR shall provide proof of insurance coverage as may be SUBCONTRACTOR may provide a copy ofISO CG 24 17 ]001 required in this Agreement and each Work Authorization prior to or its equivalent. commencing the Work. Said proof of coverage shall be in the form of a duly cxecuted and properly endorsed insurance certificate from an Insurance 3. Automobile Liability Insurance covering owned, non-owned, and carrier licensed to transact insurance business in the state in which the Work hired vehicles used by SUBCONTRACTOR in connection with is to be performed. Each certificate shall certity that all of the required the Work with a limit of not less than $1,000,000 per accident Insurance, as above described, has been effected and that the combined single limit, $2,000,000 aggregate. SUBCONTRACTOR is covered thereby. 4. Following form Excess Umbrella Liability Insurance extending SUBCONTRACTOR's failure to procure the required types and limits of coverage under Subcontractor's comprehensive general, Insurance as set forth herein. shall not relieve SUBCONTRACTOR of its automobile and Employer's Liability insurance policies with indemnification obligations hereunder. a limit of $2,000,000 per occurrence and in the aggregate. Any coverage provided ARCADlS by SUBCONTRACTOR'S Illsurance 5. If professional services, including but not limited to engineering, under this Agreement is primary insurance and shall not be considered architectural, laboratory analysis and/or surveying services, are contributory insurance with any insurance policies of ARCADIS. its part of the Work, Professional Liability (Errors and Omissions) members, subsidiaries, and affiliated companies Insurance with a limit of not less than $1,000,000 per claim, $1,000,000 aggregate. SUBCONTRACTOR, at its cost, agrees to Whenever an employee of SUBCONTRACTOR suffers an occupational maintain insurance meeting these requirements for a period of two injury or disease as a result of the Work and such injury or disease is years the date of this Agreement. required by the Workman's Compensation or Occupational Disease Laws to be reported to the proper authorities, a copy of such report shall be furnished 6. If the Work involves the handling or use of chemicals or promptly by SUBCONTRACTOR to ARCADIS. SUBCONTRACTOR also contaminants or work areas containing pollutants or hazardous shall require all subcontractors to furnish copies of such reports to materials, Pollution Liability with a limit of not less than ARCADlS in connection with occupational injuries or diseases sustained by i $1,000,000 per incident, $1,000,000 aggregate to coverage their employees " damage or losses relating to environmental impairment as may il have been caused bv the SUBCONTRACTOR. ;, - 'I SUBCONTRACTOR shall provide ARCADIS with a certificate of - END OF SCHEDULE C - INSURANCE - 'i insurance indicating that the minimum types and limits of insurance have II been procured by SUBCONTRACTOR prior to final execution of this II Agreement and shall cause its insurers to provide ARCADlS and Client with , a minimum of thirty (30) days written notice prior to the effective date of any cancellation of, or diminution in the coverage provided by, any and all such policies. SUBCONTRACTOR agrees to name "ARCADlS U.S., INC., its Client and their affiliates, directors, officers, employees. and agents" as additional ARCADIS AGREEMENT FOR SUBCONTRACTOR SERVICES S( 111-.01 U" F - SPEC I \L PRO\ ISIO'\S FOR ( 0'\ I R \( I ORS (Re, 1/1/07) SI'-( I. (0"1'11 \'\( I. \\ 11111. \\\. account of such labor or materials, in a sum to be established by ARCADlS. Contractor shall comply with all applicable laws, statutes, codes, regulations, SI'.( :'. S\II.I\. ordinances, rules, and orders of federal, state, and local governments and political subdivisions, and of any other constituted governmental authority or SUBCONTRACTOR shall be solely responsible for the health, safety and agency. SUBCONTRACTOR shall indemnify and hold ARCADlS harmless welfare of its employees, agents and others with regard to the Work, and against any and all claims, demands, losses, injuries, and expenses which may further for establishing and enforcing additional requirements that may be result from failure of SUBCONTRACTOR and its employees, agents, and necessary to protect affected property or its employees and any other person subcontractors to. comply with such laws, statutes, codes, regulations, entering the site for purposes relating to SUBCONTRACTOR's work. ordinances, rules and orders. SUBCONTRACTOR shall strictly comply with applicable laws pertaining SI'-( :!. ( II \,\(;I.S 1'\ 1m. \\ Ol{l-:. work place safety including, without limitation, the Occupational Safety and Health Act of 1970 (84 U.S. Statutes 1590, as amended, and regulations Before undertaking any work or incurring any charge or expense which thereunder to the extent applicable and shall abide all health and safety plans, SUBCONTRACTOR considers is beyond or in addition to the Scope of Work rules or guidance which may be provided by ARCADlS. described in Exhibit A or otherwise contemplated by the terms of this Contract, SUBCONTRACTOR shall advise ARCADlS in writing stating the To comply with its requirements, SUBCONTRACTOR represents that its reasons that SUBCONTRACTOR believes the out of scope or additional work Health and Safety Plan for its Work shall include the SUBCONTRACTOR'S should be performed and a reasonable estimate of the cost of such work. compliance (including compliance by SUBCONTRACTOR'S employees, SUBCONTRACTOR must make all such claims for changes within five (5) officers, agents, representatives, invitees, and sub-subcontractors) with the calendar days of the date that SUBCONTRACTOR knew or should have ARCADIS Health and Safety Plan, together with any further amendments to known of the basis for the claim. Out of scope or additional work performed such plan particular to the SUBCONTRACTOR'S Work and Site deemed by SUBCONTRACTOR without such written authorization shall be at necessary and appropriate by the SUBCONTRACTOR. SUBCONTRACTOR's sole risk and expense, and SUBCONTRACTOR waives any claim for damages or compensation, including claims based on SUBCONTRACTOR agrees and understands that ARCADlS claims no equity therefor. The compensation for properly authorized work above shall be responsibility for the use of the HASP and ARCADlS does not represent that negotiated, but in the event the parties fail to negotiate or are unable to agree the HASP is sufficient to address the Work or Site conditions of the as to compensation, then SUBCONTRACTOR shall be compensated for its SUBCONTRACTOR. SUBCONTRACTOR shall not hold ARCADlS direct costs and time at the unit rates set forth with respect to the original scope responsible for any claims arising from the SUBCONTRACTOR'S use of the york. HASP and agrees to indemnify, defend and hold harmless ARCADlS from any claims for personal injury or property damages arising from or related to the -<3. I.II',\S, ('11 \H(.I.S: SJ:\-OH S. compliance with, utilization or application, or any alleged deficiencies of the HASP. Nothing herein, including the use by SUBCONTRACTOR of the SUBCONTRACTOR promptly shall pay all bills incurred by HASP or acknowledgment of the SUBCONTRACTOR'S HASP shall create SUBCONTRACTOR in performance of the Work, including, without any duty, obligation, liability, or responsibility of ARCADlS for any act or limitation, bills for labor, services, equipment, and materials. failure to act in respect to any safety provision of the HASP and SUBCONTRACTOR shall not permit any lien or charge to be fixed, filed, or SUBCONTRACTOR shall remain solely responsible for the health and safety otherwise assessed against ARCAD1S, the Client, or the Site. of SUBCONTRACTOR, its employees or any person entering the SUBCONTRACTOR'S Work Site. To the extent permitted by law, SUBCONTRACTOR waives its right to file any lien, including mechanics liens, relating to the Work, shall not enter into SUBCONTRACTOR shall be responsible for the proper disposal of any any agreement establishing such a right in any other party and shall keep the hazardous materials or wastes generated by it in the course of the performance Site free from all liens by others. Should any claim of lien be recorded by the of the Work and exacerbation of any pre-existing hazardous materials or SUBCONTRACTOR, any SUBCONTRACTOR, or material-man of the wastes. SUBCONTRACTOR, SUBCONTRACTOR shall, within two (2) days of the recording of such lien, obtain a transfer bond transferring the lien to the bond SI'.( c,. SIll ( 0'\ IH IIO'\S, at the SUBCONTRACTOR's cost. If the SUBCONTRACTOR fails to do so, the CI ient or ARCADlS may take such steps as are necessary to transfer such SUBCONTRACTOR acknowledges that time is of the essence with respect to liens to bond or otherwise protect the Site from liens, and the the performance and completion of its work under this Contract. SUBCONTRACTOR shall reimburse the ARCADlS or Client for such SUBCONTRACTOR shall adhere to, commence and complete its work in expenses, including reasonable attorneys' fees. ARCADlS may withhold and accordance with any schedule incorporated into this Contract, or any schedule deduct any such amounts from any payment to the SUBCONTRACTOR. submitted by SUBCONTRACTOR or attached hereto; and with respect to any Changes, out of scope or additional work, SUBCONTRACTOR shall ARCADIS may set-off or counterclaim against amounts payable to expeditiously perform such work according to any Schedule therefor agreed to SUBCONTRACTOR, or asserted to be payable to SUBCONTRACTOR, by the parties. In the event any schedule is incorporated in this Contract or under this or any other contract, any claim ARCADlS may have against attached to this Contract, SUBCONTRACTOR acknowledges and agrees that SUBCONTRACTOR. such schedule has accounted for all inherent or reasonably anticipated delays, including but not limited to those inherent in obtaining site information, access SI'-( .t. HO'\ D. sufficient labor, supplies, tools, equipment and utilities required for the project work, and SUBCONTRACTOR waives any claim of extra compensation or If requested in writing by ARCADlS, SUBCONTRACTOR shall furnish a damages therefor. bond to secure its performance under this Contract, in a sum to be established \RCADIS, and a separate bond to insure the prompt payment of all persons Subcontractor represents and warrants that it has had an opportunity to review .ishing labor or materials to SUBCONTRACTOR in performance of the and/or has carefully examined all necessary drawings, maps, schematics, Work, and to protect ARCADlS and Client against liens or charges for or on specifications, governmental restrictions, permits and license requirements, and all applicable laws, regulations and rules relating to the Work to be done equipment, materials or services for the Work. and the Site, it surroundings and local conditions, and has made all investigations based on reasonably available information that are necessary to Contractor will, without any charge to the ARCADIS, re-perform and/or develop a ful] understanding of the hazards and difficulties which can be replace any Work not meeting the forgoing warranties or standards. Any claim encountered and are Iike]y to impact the cost or schedule to perform the Work. to such corrective action or replacement warranty must be in writing an SUBCONTRACTOR is thus familiar with conditions at the Site as are received by SUBCONTRACTOR within twelve months following completiOl. pertinent to or which may affect the Work and has been granted the right to of such Work. conduct, and has conducted, all investigations it deems appropriate to determine that it can fulfill the requirements of this Contract. Notwithstanding ]f defect or deficiencies are not corrected in a timely manner, ARCADIS shall any other provision of this Contract, SUBCONTRACTOR assumes the risk of be entitled to recover from SUBCONTRACTOR damages for delay In all conditions, as specified 10 this Contract, that may affect completing corrective action according to time as required or requested by SUBCONTRACTOR's ability to perform the Work and will, regardless of ARCADlS. In addition, ARCADlS may cause the same to be corrected by such conditions, or the expense or difficulty of performing the Work or the either its own forces or by others and either deduct costs incurred from any negligence, if any, of ARCADIS, with respect to same, fully complete the remaining compensation or recover same as actual damages in the amount of Work for the stated price without further recourse to ARCADlS. Information the ARCADlS' cost of corrective action (measured by ARCADlS' then on the Site and local conditions at the Site furnished by ARCADlS are not existing fee schedule prices and charges). guaranteed by ARCADIS to be accurate, and is furnished only for the convenience of SUBCONTRACTOR. Contractor shall at all times enforce, or cause to be enforced, strict discipl ine and good order among workmen employed to perform the Work. Should any The discovery of concealed conditions which could not reasonably have been disorderly or incompetent person be employed by SUBCONTRACTOR, or by anticipated by the SUBCONTRACTOR from information available to any subcontractor, upon or about any Site, SUBCONTRACTOR shall, upon SUBCONTRACTOR may constitute a changed condition, which, to the extent request of ARCADlS' representative, cause such person to be removed from such condition materially affects the cost or schedule to perform the Work, such Site and not again employed thereon without written permission of would entitle the SUBCONTRACTOR to a change and an equitable ARCADlS. adjustment of the Contract price or time. SUBCONTRACTOR warrants that it shall conduct appropriate investigations to determine, with reasonable SI'.( HI. I \WI ( 110\". certainty, the location of utility and service lines, underground storage systems, and other subsurface structures of any kind before commencement of any ARCADlS reserves the right to inspect, test or evaluate any part of the Work at drilling, excavation, or other work that has the potential to disturb these any time and for any purpose; provided that such inspection or evaluation shall structures. SUBCONTRACTOR further warrants that it shall conduct not be deemed acceptance or approval ofthe Work Upon inspection, testing or independent field investigations to confirm the location of subsurface evaluation, if any Work fails, in ARCADlS' judgment to meet the structures before commencement of subsurface work and shall not relay requirements of this Contract, SUBCONTRACTOR shall be obligated at exclusively on plot plans or other drawings provided to SUBCONTRACTOR ARCADlS request to undertake action necessary to correct any such in conducting these investigations. deficiency. SI'.( -. IlII \\S UIRIBI I \HlI I () \lH \Ill" OR Olllll{'o SI'.( II. IU \I()\ \I 01 IU , 1 "I . ]n the event SUBCONTRACTOR should be delayed in the completion of the SUBCONTRACTOR shall keep every Site free from accumulation of wast, Work by reason of any act or omission of ARCADlS or of others, the time materials and rubbish resulting from the Work and at the completion thereo. within which the Work is to be completed pursuant hereto shall be extended by shall clean up after the Work in a manner satisfactory to ARCADlS the period of such delay. Under no circumstances shall SUBCONTRACTOR SUBCONTRACTOR shall perform disposal of refuse in accordance with all be entitled to delay damages and SUBCONTRACTOR hereby waives all applicable laws and regulations. SUBCONTRACTOR shall clean and remove claims for such damages on all Work. from every Site all waste which originates from SUBCONTRACTOR'S equipment or other property, and all excess material. equipment, debris and SI' ( S !l\'!ILI' ~ (lP "1 u '~ ' I n\l'\ '....111 I !Il' 11\" IS; rubbish resulting from the Work. Should SUBCONTRACTOR fail to comply \( It \I IJ \ \ 1 \ (.1 .,. with the provisions of this Paragraph, ARCADlS shall have the right, on two (2) days prior notice to SUBCONTRACTOR, to perform such cleaning or Time is of the essence of the Contract. In the event the SUBCONTRACTOR removal of said excess material, equipment, debris, and rubbish, and charge fails to achieve Substantial Completion of the Work within the Contract Time the cost and expense of such removal to SUBCONTRACTOR. or fails to meet any other time requirement or the time limit set forth in the Contract, after due allowance for any extension or extensions of time made in Sf' ( I' '\ nln" 1'\( i' III' , ,r1 ,,1 ..... ( ~., , ,.... ~.... ,I ~ , . ! ! I ~ T \ I 'i accordance with the provisions herein set forth, the SUBCONTRACTOR shall ,\'\/) II \Il 1>\',11, l' "\ I H, III{I \1 ' be liable for damages incurred by ARCADlS as the result of SUBCONTRACTOR's performance failures. ARCADlS shall have the right If SUBCONTRACTOR'S Work involves exposure to or handling of a~bestos to deduct said damages from any amount due or that may become due the containing materials (ACM) and lead-based paint materials (LBP) SUBCONTRACTOR, or to collect such damages from the SUBCONTRACTOR or its surety. "Damages" shall include any sums of SI'-C12.1 General. money to reimburse ARCADlS for extra costs which ARCADlS may become obligated to pay on other contracts which were delayed or extended because of SP-C12.J.\ SUBCONTRACTOR is hereby warned of the possible the SUBCONTRACTOR's failure to complete the Work within the Contract existence of ACM and LBP on the Site in the areas and/or materials In or with Time. Should ARCADlS incur additional costs because of delays or extensions which SUBCONTRACTOR must work, and by execution of this Contract to other contracts resulting from the SUBCONTRACTOR's failure of timely acknowledges and confirms that SUBCONTRACTOR has been become performance, ARCADIS will assess these extra costs against the familiar with information concerning ACM and LBP. SUBCONTRACTOR. SP-CI2.1.2 SUBCONTRACTOR shall be responsible for taking all SI'.( <). \\ \1m \\ IlLS \'\D (.1 \I{ \\ III S. steps reasonably necessary and generally accepted in its field to determine the nature and location of the Work on the Project Sites and the general and local SUBCONTRACTOR guarantees any supplies, equipment, materials or goods conditions that can affect the Work or the cost thereof Any failure by the fumished as part of or in conjunction with the Work against any and all defects SUBCONTRACTOR to do so will not release the SUBCONTRACTOR from or deficiencies and SUBCONTRACTOR shall promptly remedy all such the responsibility of having to successfully perform the Work for the Contract defects, and/or replace the same. SUBCONTRACTOR shall caused to Sum without additional expenses to ARCADlS. ARCADIS assumes no assigned to ARCADlS all guarantees and warranties from all vendors, responsibility for decisions made by SUBCONTRACTOR based solely on an: subcontractors and suppliers of goods or services who provide machinery, comments or representations made by any of its officers, agents, or employees ") prior to execution of this Agreement unless expressly set forth in this services that involve the identification, disturbance, removal or other direct Agreement. contact of ACM and LBP are properly trained in the procedures to safely work with, abate, remove and dispose of ACM and LBP and that such employees nTJ_C!2.1.3 SUBCONTRACTOR shall ensure that the perfonnance and personnel are properly certified and licensed to perfonn all such services he Work shall be in confonnance with all appl icabJe federal, state, and relating to the ACM, and LBP. .al laws, regulations, rules, and ordinances in effect or enacted at the time the Work is perfonned. SP-CI2.2.2 SUBCONTRACTOR shall provide all labor, equipment and material required to work with, abate, remove, and dispose of all ACM or SP-CI2.1.4 SUBCONTRACTOR will take all reasonably necessary LBP in the areas designated in this Agreement to be worked in, abated, and precautions to prevent and mitigate discharges, spills, or releases of hazardous removed. substances or materials into the environment while performing Work under this Agreement at the Project Sites. SUBCONTRACTOR will notify SP-CI2.2c. The specifications and drawings indicate the general ARCADlS immediately when it knows or suspects a discharge, spill, or release layout of the work, and are not intended to show every detail of the work or of any hazardous substance or material has occurred or may be imminent. locations of ACM and LBP. SUBCONTRACTOR shall examine the existing conditions to evaluate the work to be perfonned. SUBCONTRACTOR is SP-CI 2. 1.5 SUBCONTRACTOR will promptly and at its expense responsible for selecting the means and techniques for accomplishing the work undertake and complete all corrective and remedial action that may be safely and in accordance with all applicable laws and regulations. necessary to remedy any existing or threatened discharges, spills, or releases of hazardous substances caused by SUBCONTRACTOR or any SP-CI2.3 Quality Assurance. SUBCONTRACTOR employed by SUBCONTRACTOR. Prior to initiating any corrective or remedial action, SUBCONTRACTOR will submit to SP-CI2.3.1 SUBCONTRACTOR shall perfonn all work in ARCADlS for review a written plan outlining its proposed actions. If compliance, and cause all of its subcontractors to perfonn all work in obtaining ARCADlS' review will substantially impede necessary mitigating or compliance, with all applicable laws, ordinances, rules, regulations, and orders emergency measures, SUBCONTRACTOR will initiate these measures of any applicable governmental authority. Without limiting the generality of immediately and subsequently provide ARCADlS with a written report of all the foregoing, SUBCONTRACTOR shall comply, and cause all its remediation or corrective actions taken. Review by ARCADlS shall not relieve subcontractors to comply, with the Occupational Safety and Health subcontractor of any obligations for proper perfonnance of the work. Administration (OSHA) and Environmental Protection Agency (EPA) rules and regulations, including General Industry (29 C.F.R. 1910.1001 Appendix SP-CI2.1.6 SUBCONTRACTOR will handle all hazardous waste AI), Construction Industry (29 C.F.R. 1926.58 Appendix A2) and the National generated at the Project Sites from its activities in accordance with all Emissions Standards for Hazardous Air Pollutants (40 C.F.R. Part 61). applicable laws, rules and regulations. Prior to arranging transportation of any hazardous waste from the Project Sites, SUBCONTRACTOR shall provide all SP-CI2.3.2 From time to time during progress of the work, required documentation, including completed hazardous waste manifests and ARCADlS may require SUBCONTRACTOR to conduct personal or any other documents necessary evidence compliance with all applicable laws, environmental area monitoring of every work area where ACM or LBP may rules, and regulations. No hazardous substance or hazardous waste at the exist in order to detennine the degree of employee exposure to such Project Sites as the result of SUBCONTRACTOR's or its subcontractors' substances. ARCADlS' right to request such monitoring shall not be construed --tivities will be left on the Project Sites after completion of the Work, except as relieving the SUBCONTRACTOR of responsibility for maintaining all pecifically provided in this Agreement. appropriate surveillance, including monitoring, in order to insure compliance with all applicable laws, ordinances, rules, regulations and order of any SP-CI2.1.7 SUBCONTRACTOR will cause the Project Sites to be applicable governmental authority. free from accumulation of waste materials, rubbish, and other debris resulting from the Work, and at the completion of the Work, will remove all waste SP-C12.4 Submittals. materials, rubbish, and debris from and about the Project Sites as well as all tools, construction equipment and machinery, and surplus materials, and will SP-CI2.4.l To assure that SUBCONTRACTOR is aware of the leave the Project Sites in a clean and sightly condition. SUBCONTRACTOR potential hazards of ACM and LBP, SUBCONTRACTOR shall submit in will restore to their original condition those portions of the Project Sites not writing, before any work is perfonned, the safety procedures that will be designated for alteration by this Agreement. All waste materials, rubbish, or followed in Subcontractor's perfonnance of the work. Notwithstanding any any other debris shall be disposed of in waste disposal sites approved for such review, subcontractor shall remain responsible for perfonnance of its work in a purposes by pertinent laws, rules, or regulations. safe, proper and confonning manner, and any such review is not intended to imply or infer that ARCADIS will be responsible for work perfonned. SP-CI2.1.8 A complete list of any chemicals to be brought to the Project Sites by SUBCONTRACTOR and copies of the appropriate Material SP-CI2.4.2 To the extent required by any applicable rules and Safety Data Sheets ("MSDS") for those chemicals shall be provided to regulations, SUBCONTRACTOR shall submit timely and appropriate written ARCADlS by SUBCONTRACTOR prior to the introduction of such notification prior to commencement of the abatement, removal or disturbance chemicals at the Project Sites. of any ACM or LBP, to all applicable governmental agencies, including EPA, OSHA and any appropriate state or local designated agencies. A copy of such SP-C!2.1.9 SUBCONTRACTOR assumes all liabil ity and notification shall be submitted prior to commencing work. responsibility the proper perfonnance of its work, including for the health and safety of its employees and its subcontractors' employees. In any and all SP-CI2.4.3 SUBCONTRACTOR shall provide copies of all area and claims against ARCADlS, its directors, officers, or any of its agents, or personal monitoring data and material tests to detennine asbestos content as employees by an employee of SUBCONTRACTOR, its subcontractors, or soon as possible, but not later than 30 days after such data or infonnation has anyone employed by them, or anyone for whose acts any of them may be been obtained by SUBCONTRACTOR. liable, the indemnification obligation of this subparagraph shall not be limited in any way by any limitation on the amount or type of damages, compensation, SP-C 12.4.4 If this Agreement specifies that SUBCONTRACTOR or benefits payable by or for SUBCONTRACTOR or its subcontractors under shall dispose of ACM or LBP, then SUBCONTRACTOR shall provide written workers' or workmen's compensation acts, disability benefit acts, or other documentation, evidencing (I) that all ACM and LBP was delivered to a employee benefit acts. Subcontractor agrees that any client of ARCADlS may government approved, licensed and permitted disposal facility, and (2) enforce the obligations of this section 12. acceptance by such facility. ",P-CI2.2 Description, SI'-( 13. Sl B( 0' II{ \C lOR'S \\ \RR\" lll:S. .C!2.2.1 SUBCONTRACTOR represents and warrants that all SP-C13.! SUBCONTRACTOR shall provide all supervision, labor, materials, employees and personnel that SUBCONTRACTOR provides to perfonn any tools, equipment and subcontracted items necessary for the perfonnance of services specified in this Agreement and any proposed requisition issued under I' this Agreement. SP-CI3.5 SUBCONTRACTOR shall provide notice or cert1l1cates of all i SP-CI3.2 While performing services under this Agreement, permIts, licenses, notIficatIOns and Insurance reqUIred for the work called for I In thIS Agreement. SUBCONTRACTOR shall secure and pay for all such SUBCONTRACTOR shall exercise the degree of care and skill ordinarily permits, licenses, notifications, and insurance. SUBCONTRACTOR sha' exercised under similar circumstances by asbestos abatement or hazardous conform in all other respects to the provisions and regulations of any general , materials, subcontractors, or members of the environmental engineering, or local building act, ordinance or regulation of any local authority which may Ii contracting, consulting and testing profession performing the kind of services be applIcable to the work called for under this Agreement and shall indemnify. to be performed hereunder defend and save ARCADlS harmless against any and all cost, damages, losses. ! claims or penalties incurred by reason of the failure by SUBCONTRACTOR I SP-CI3.3 SUBCONTRACTOR agrees to re-perform and correct at its own to perform services in compliance with any such provisions or regulations. ' expense any work or services performed by it which fails to conform to the I standard of care that SUBCONTRACTOR has accepted pursuant to SI'-( 1-1. \H( \BIS' \\ \Im \'>. III s. subparagraph (2) above. SP-CI4.1 To the extent ARCADlS has access to information relating to the SP-CJ3.4 SUBCONTRACTOR represents and warrants that it holds all site where the services are to be performed, ARCADlS shall provide such permits and licensees necessary to perform the services under this Agreement. reasonably available information required for SUBCONTRACTOR to SUBCONTRACTOR further represents and warrants that all employees and efficiently perform the services. SUBCONTRACTOR shall be responsible for personnel that SUBCONTRACTOR provides to perform any services that the verification of the information provided by ARCADlS, and ARCADIS involve the identification, disturbance, removal or other direct contact of ACM shall not be responsible for any errors in such information or LBP are properly trained in the procedures to safely work with, abate, SP-C14.2 ARCADlS will designate a representative who shall be familiar with remove and dispose of ACM and LBP, and that such employees and personnel are properly certified and licensed to perform all such services relating to the the services to be provided hereunder to act as a liaison between ARCADIS ACM and LBP. and SUBCONTRACTOR El'\D OF SCHEDULE F - SPECIAL PROVISIONS FOR CONTRACTORS- I J 4 ARCADlS AGREEMENT FOR SUBCONTRACTOR SERVICES SI'-IH. Sill (O'\I>IIIO'\S. of the Work and any other persons who may be affected thereby and (ii) comply with all laws, ordinances, rules, regulations applicable to, and orders of public SUBCONTRACTOR acknowledges that time is of the essence with respect to the bodies having jurisdiction over, the safety of persons or property or the protection performance and completion of its work under this Contract. of them from damage, injury or loss, including, without limitation, the SUBCONTRACTOR shall adhere to, commence and complete its work in Department of Labor Safety and Health Regulations for construction as accordance with any schedule incorporated into this Agreement, or any schedule promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) submitted by SUBCONTRACTOR or attached hereto; and with respect to any and under Section 107 of the Contract Work Hours and Safety Standards Act (PL Changes, out of scope or additional work, SUBCONTRACTOR shall 91-54) expeditiously perform such work according to any schedule therefore agreed to by the parties. In the event any schedule is incorporated in this Agreement or To comply with its requirements, SUBCONTRACTOR represents that its Health attached to this Agreement, SUBCONTRACTOR acknowledges and agrees that and Safety Plan for its Work shall include the SUBCONTRACTOR'S such schedule has accounted for all inherent or reasonably anticipated delays, compliance (including compliance by SUBCONTRACTOR'S employees, including but not limited to those inherent in obtaining site information, access officers, agents, representatives, invitees, and sub-subcontractors) with the sufficient labor, supplies, tools, equipment and utilities required for the project ARCADIS Health and Safety Plan, together with any further amendments to such work, and SUBCONTRACTOR waives any claim of extra compensation or plan particular to the SUBCONTRACTOR'S Work and Site deemed necessary damages therefor. and appropriate by the SUBCONTRACTOR. SUBCONTRACTOR represents and warrants that it has had an opportunity to SUBCONTRACTOR agrees and understands that ARCADIS cI aims no review and/or has carefully examined all necessary drawings, maps, schematics, responsibility for the use of the HASP and ARCADIS does not represent that the specifications, governmental restrictions, permits and license requirements, and HASP is sufficient to address the Work or Site conditions of the all applicable laws, regulations and rules relating to the Work to be done and the SUBCONTRACTOR. SUBCONTRACTOR shall not hold ARCADIS Site, it surroundings and local conditions. and has made all investigations based responsible for any claims arising from the SUBCONTRACTOR'S use of the on reasonably available information that are necessary to develop a full HASP and agrees to indemnify, defend and hold harmless ARCADlS from any understanding of the hazards and difficulties which can be encountered and are claims for personal injury or property damages arising from or related to the likely to impact the cost or schedule to perform the Work. SUBCONTRACTOR compliance with, utilization or application, or any alleged deficiencies of the is thus familiar with conditions at the Site as are pertinent to or which may affect HASP. Nothing herein, including the use by SUBCONTRACTOR of the HASP the Work and has been granted the right to conduct, and has conducted, all or acknowledgment of the SUBCONTRACTOR'S HASP shall create any duty, investigations it deems appropriate to determine that it can fulfill the obligation, liability, or responsibility of ARCADIS for any act or failure to act in requirements of this Agreement. Notwithstanding any other provision of this respect to any safety provision of the HASP and SUBCONTRACTOR shall Agreement, SUBCONTRACTOR assumes the risk of all conditions, as specified remain solely responsible for the health and safety of SUBCONTRACTOR, its this Agreement, that may affect SUBCONTRACTOR'S ability to perform the employees or any person entering the SUBCONTRACTOR'S Work Site. ork and will, regardless of such conditions, or the expense or difficulty of performing the Work or the negligence, if any, of ARCADIS, with respect to SUBCONTRACTOR shall be responsible for the exacerbation of any pre- same, fully complete the Work for the stated price without further recourse to existing hazardous materials or wastes caused by SUBCONTRACTOR or those ARCADIS. Information on the Site and local conditions at the Site furnished by acting under SUBCONTRACTOR'S direction or control. ARCADIS are not guaranteed by ARCADIS to be accurate, and is furnished only for the convenience of SUBCONTRACTOR. SI'.I>-t. 1'\1 0I{i\1 \ 110'\ \ I RIII( \ I 10'\. The discovery of concealed conditions which could not reasonably have been To the extent ARCADIS has access to information relating to the site where the anticipated by the SUBCONTRACTOR from information available to services are to be performed, ARCADIS shall provide such reasonably available SUBCONTRACTOR may constitute a changed condition, which, to the extent information required for SUBCONTRACTOR to efficiently perform the services. such condition materially affects the cost or schedule to perform the Work, would SUBCONTRACTOR shall be responsible for the verification of the information entitle the SUBCONTRACTOR to a change and an equitable adjustment of the provided by ARCADIS, and ARCADIS shall not be responsible for any errors in Contract price or time. SUBCONTRACTOR warrants that it shall conduct such information. appropriate investigations to determine, with reasonable certainty, the location of utility and service lines, underground storage systems, and other subsurface SI'.I>;;. O"\-SII I \\ \ I I R I SI structures of any kind before commencement of any drilling, excavation, or other work that has the potential to disturb these structures. SUBCONTRACTOR SUBCONTRACTOR shall instruct its employees and all those under further warrants that it shall conduct independent field investigations to confirm SUBCONTRACTOR'S direction or control not to use anyon-site well as a water the location of subsurface structures before commencement of subsurface work supply source unless permission is received from the Owner. and shall not relay exclusively on plot plans or other drawings provided to SUBCONTRACTOR shall be solely liable for any and all costs incurred by SUBCONTRACTOR in conducting these investigations. ARCADIS, its client or others caused by or arising from such use, including but not limited to sampling and analysis to confirm the existence or absence of any SI'-1>2. \\ \S II: D1SI'OS \I . contamination in the water supply source and areas affected, or alleged to have been affected, thereby. Unless expressly stated and agreed to by ARCADIS is a duly executed Work Authorization, SUBCONTRACTOR shall be solely responsible for the - END OF SCHEDULE G - SPECIAL PROVISIONS FOR UTILITY containerization and lawful disposal of all wastes which originates from LOCATORS, DRILLING/GEOPROBE, EXCA V A TING AND SUBCONTRACTOR'S equipment or other property of SUBCONTRACTOR, or INTRUSIVE SERVICES - that is generated by SUBCONTRACTOR during its execution of the Work including, but not limited to, core drillings and purge waters. SI'-D3. 111.\1 III \,\J)s\III\. SUBCONTRACTOR acknowledges that it is responsible for the health and safety 'f its workers and others relating to the SUBCONTRACTOR'S Work and Site. JBCONTRACTOR shall (i) be solely responsible for initiating, maintaining dnd supervising all safety precautions and programs in connection with protection R [) 3--- tl-~ , AGREEMENT for GENERAL CONSULTING AND ENGINEERING SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "City", and ARCADIS G&M. Inc., hereinafter referred to as "Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, the City issued a Request for Qualifications invitation for Consulting and General Engineering services for the City of Boynton Beach, Utility Department, RFQ No, 065- 2821-03/CJD; and WHEREAS, RFQ No. 065-2821-03/CJD defined four (4) Scopes of Services to include design services, permitting, bidding services, construction administration, and all miscellaneous services for the areas of stormwater, public drinking water, wastewater collection and transmission; and other assignments logically tied to the development, operation and maintenance of the City of Boynton Beach Utility Department; and WHEREAS, RFQ No. 065-2821.03/CJD further defined four (4) Scopes of Services as Scope A; Water Plant Expansion and Capacity Replacement; Scope B: Wellfield Development and Hydrogeology Services; Scope C: Infrastructure Improvements; and Scope D: Ancillary Studies and Services; and WHEREAS, Consultant timely submitted its qualifications in accordance with the Request for Qualifications invitation, the City's Procurement Code, and Florida Statute 286.055, the Consultants' Competitive Negotiations Act; and WHEREAS, the City Administrative review team determined that Consultant was qualified for appointment to perform the scope(s) of services set forth in the Request for Qualifications invitation; and WHEREAS, the City Commission on No lJ. Ii, 2003, accepted the City Administration's recommendation and designated Consultant as one of six (6) qualified consulting firms for Scope A and one of five (5) qualified firms for Scope B to provide general engineering services to the City; and WHEREAS, the City Manager, through his administrative staff, has successfully negotiated an agreement with Consultant defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications invitation. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: 1. REPRESENTATIONS: The representations set forth in foregoing whereas clauses are true and correct. CA-] 2. PROJECT DESIGNATION. The Consultant is retained by the City to perform general engineering consulting services under a continuing contract with the City whereby the Consultant, on a non~exclusive basis, under the terms of this agreement, Consultant, on written request by the City, will provide professional engineering services to the City for: A. Individual projects in which construction costs do not exceed $1,000,000.00, or B. Individual study activity when the fee for such professional service does not exceed $50,000.00 C. For engineering work of a specified nature as hereinafter identified in the scope of services and as requested by the City with no time limitation, or D. Design build projects 3. SCOPE(S) OF SERVICE. Consultant agrees to perform engineering services on specified projects at the request of the City during the term of this agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to Consultant are set forth on Exhibit ~'A" (Exhibit 'A' will define the scope(s) Consultant is approved for). Consultant acknowledges that it is one of six (6) consulting firms for Scope A and one of five (5) consulting firms for Scope B which will be assigned projects listed on Exhibit "A" and that the City has made no representation or promise regarding which projects or the number of projects that will be assigned to Consultant . 4. TERM. The initial term of this Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional two (2) year periods subject to Consultant acceptance, satisfactory annual performance evaluation and determination that renewal is in the best interest of the City. 5. TIME OF PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant by way of an executed task order. Consultant shall perform all services and provide all work product required pursuant to this agreement and the specific task order, unless an extension of such time is granted in writing by the City. 6. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made based on the hourly rates as provided on Exhibit "B" attached hereto. The hourly rates shall be reviewed and may be adjusted in conjunction with the renewal every two years at the request of the Consultant and following approval by the City. Approval of rate changes shall be by resolution of the City Commission. b. 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. c. Final payment of any balance due the Consultant Will be made promptly upon its ascertaimnent and verification by the City after the completion of the work under this agreement and its acceptance by the City. CA-2 d. 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. 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 if 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. Any use of the documents for purposes other than as originally intended by this Agreement, with out the written consent of the Consultant, shall be at the City's sole risk. WARRANTIES AND REPRESENTATIONS. Consultant represents and warrants to the City that it is competent to engage in the scope(s) of services contemplated under this agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. Consultant's services shall meet a standard of care for professional engineering and related services equal to or exceeding the standard of care for engineering professional practicing under similar conditions. 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 and hold hannless the City, its officers, agents, and employees, from and against any and all claims, losses, or liability, or any portion thereof, including reasonable attorneys' fees and costs, arising from any injury or death to persons, including but not limited to injuries, sickness, disease, or death to Consultant's own employees or agents, or damage to property, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, its agents or employees. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use, that may result from this Agreement or out of the services or goods furnished hereunder. 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 occurrenceJaggregate for property damage, and professional liability insurance in the amount of$1,OOO,000. The general1iability policy shall include the City as an additional insured and shall include a provision prohibiting cancellation of the policy except upon thirty (30) days prior written notice to the City. 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. CA-3 . . INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor 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 deduction 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. . CONVENANT 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, gifts, or ay 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. DISCRIMINATION PROHBlTED. The Consultant, with regard to the work performed by it under this agreement, will 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 selection and retention of employees or procurement of materials or supplies. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. ,. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. 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 to do 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. c. The Consultant reserves the right to terminate this Agreement by giving sixty (60) days written notice to the City. CA-4 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. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33425-0310 Attn: Paul Fleming, Senior Project Manager Notices to Consultant shall be sent to the following address: INTEGRA TED 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. CA-5 DATED this I 8 day of NOlle.m bet ,200~ . CITY OF BOYNTON BEACH ~ Jt/fi" 7/ inti Kurt Bressner, City Manager / { Co Itant Attest! Authenticated: .Iks<<..k tit" !feJ;).,f , TItle (Corporate Seal) . Approved as to Form: 0 ~aQWt, Secret Rev. 04108103 CA-6 EXHIBIT A SCOPE A: WATER PLANT EXPANSIONS and CAPACITY REPLACEMENT . Low Pressure Membrane Softening . Low Pressure Reverse Osmosis . Nanofiltration . Anionic Exchange . Lime Softening . Other Related Services SCOPE B: WELLFIELD DEVELOPMENT and HYDROGEOLOGY SERVICES . Well Redevelopment and Modification . Bringing Existing Wells to Production . New Surficial Wells . Locating and Installing New Floridan Aquifer Wells . Wellfield Improvements . Aquifer Storage & Recovery (ASR) Well Development . Deep Injection Well Maintenance and Repair . Multi-purpose ASR/Floridan Wells . Wellfield Protection . Wellfield Flow Analysis . Other Related Services EXHIBIT B ARCADIS PLEASE PROVIDE A BRIEF DESCRIPTION FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED . .. . . ,.. - .. ............... " . ......., . : :: :: : : : : : ~ : : : : : : ::; : : ; : : ; ;; ; :: ; : ; : : : : :: ::: :: : ;:; : : ; :; , : : : : ; : : ; : ; , ; : : :: : : ' .' .. . :: ' .. : . . :. : .. : .. : ' : : .. ... : : : . .., ... . .. ....... . .... .......... .... .....................,,,..........,,.. !m~~~~:;i: .,...................................,............................. .............. .... .....,."..".. .i:q~~~~~~,p~;~;,:::,:::.,;:'i:ii,;,':;"i:::::!:'.,..:,:::::'.:::);:;.;:1':'.,:':';: :i~mp~~Y~iX~~j~t~:~;.Uj.:;;.';::!::H:;::::.:;:.;:::;:::.Ii;,!!': : ; " " : : : : : : : : ~ " : :: : :,' : ; : : : : :: : : ~; :: : : :: : : : :; : ::; : : : : :; : : : : : : : : : : : :: .,' : : : : : : : : : ; : : ~ : : : : : :: : ::: : : : : : : : : : ; ; : ; :: ; : : i!iUi1Ut~:i:T ..........,.......................................................-....-....................-..-....-........ .."......'........".......,.................,.........-.- -..'.....'.......-......................-........ .................."...........,...........,........."...,. . ................................".......... ........"........".".....................,.......,....-..... ..,....,............ ..................... : ~ : : ; :: : : :: : : :;:: : : : : : : : : : : ; ~: : : : . : : ;: : : : : : : : :: ; ;: : ~: : : : : : ; : . : : : . : :: : ; : : : ; : ; : :: :: : : ~ : : : : : : : :: : : : : : : ; : ;: : : ; : ; : : ..........".................'''....-...,......--..................,.......,................................ ...............,.....................,..,..........................,.,.....,................................, ......................"................,......,.............................................,................ ........................... .....,..........................,.......,.,....,......'......_"......................... ..-................ .......,.............,..,........".....,.,.................,.....................,........................... ................."..................................."............-......,.....'..."...-.................. ....., ................,..........................................,......................................... ........................... ..,..........,....,...,..........,.........,..,...........,..,............... .."....,...................... ............................,...,......,.....,..,....".,....................................-............... ........"...............,. ............."...,......".,..........................,..,...................... .... ...,.................. Proiect Director (principal) $180 Client Service Manae:er $160 Tom Tessier Senior Project Manager $150 Tom Jensen, Mike Waldron, Jim Macon. Bill Reese, Bill Lvnch Proiect Engineer $90 Scientist $75 Nexhio Maska, Rod Miller, Sally Durall Senior Desis;!;ner $85 Brian Oliva Desi~ner $70 Senior EngineerlHydrogeologist $135 Bill Vogelsong, Mike Kladias, Doug Young. Wayne Welch. Ed SorinJrthoroe EngineerlHydrogeologist (Technical $94 Soecialist) Senior Professional SurvevorlMaooer -- Professional Surveyor/Maooer -- Engineerin2lSurvey Technician $65 . Senior Field Representative $80 Lech Kwapinski (professional) Survey Crew -- GIS Specialist -- Graphics Specialist $85 Senior Inspector $80 GPS Equipment -- Senior Administrative Suooort $65 Administrative Suooort $50 Paraorofessional -- Aerial Photos;!;rammetrv -- Computer System Analysis -- Rate Study -- Financial Services -- Instrumentation and Control Services -- Human Resource Services -- Data Acquisition and Control Services -- Direct Costs - Mark-up % Cost + 10% Office, reproduction, mailins;!;. etc. Direct Costs - Mark-up % Cost + 10% Subconsultants a:lPltOPO&AL\80~--...onkoo_ 2cxn\Dnd\~I....... REVISED 10/22103 r7:~~"""'j?" r--.:-!.",-......-~......-;r-c~.r!'r'..,.....,..,...-r--. .---.,.-~..~ -~'"<.-~~ --r--'~ -~ ----r--'~--- -"...,.....-.-- -~ ----. Y"o-~~~ i: '. TE NUIllBER .:. It. 71 -01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OntER THAN THOSE PROVIDED IN THE 1225 17TH STREET, SUITE 2100 POLICY. THIS CERTIFICATE DOE8 NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POUCIES DESCRIBED HEREIN. Altn: STEVE WILSON 303-306-4569 COMPANIES AFFORDING COVERAGE COMPANY 3320 -00124-00-01 N A GREENWICH INSURANCE COMPANY INSURED COMPANY ARCADIS B XL SPECIALTY INSURANC,E COMPANY ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 COMPANY HIGHLANDS RANCH, CO 80129-2377 C COMPANY 0 THIS IS TO CERTIFY ll-lAT POLICIES OF INSURANCE DESCRIBED 1-IEREIN HAVE BEEN lSSUeo TO ~E INSURSD NAMED HEReIN FOR THE POLICY PERlOO INDICATED. NOTWrrHSTANDlNGANY REQUIREMENT, TERt.1 OR CONDITION OF ANY CONTRACT OR O~ER OOCUMENTWITH RESPECT TO WHICH ~E CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL ~E TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLK:IES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. CO TYPE OF INSURANCE POLlCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS LTR DATE (MMIOONY, DATE (MMJDDIYY) GENERALUABlUTY $ 2,000,000 A COMMERCIALGENERALLIABIUTY GEC001076101 01/01/03 01/01/04 $ 2,000,000 CLAIMS MADE [8] OCCUR S 1,000,000 OWNER'S & CONTRACTOR'S PROT ! $ 1,000,000 $ 1,000,000 MED EXP S 10,000 AUTOMOBILE UABIUTY $ 1,000,000 COMBINED SINGLE LIMIT A X ANY AUTO'" AEC001075801 01/01/03 01101/04 A ALL OWNEO AUTOS AEC001104701 (TX) 01/01/03 01101/04 BODILY INJURY $ SCHEDULED AUTOS ("-pelSOI1> X HIRED AUTOS BOOIL Y INJURY $ X NON.OWNED AUTOS (Per ac:ddent) PROPERTY DAMAGE $ GARAGE UABIUTY ANY AUTO EXCESS UABILrrY X B WEC001 07600 1 01101103 01/01104 THE PROPRIETOR! X INCL EL DISEASE-POLK:Y UMIT PARTNERSlEXECUTIVE El DlSEASE.EACH EMPLOYEE $ OFFICERS ARE: EXCL DESCRIPTION OF OPERATlONSll.OCATlONSNEHICLESISPECIAI, ITEMS RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING, BIDDING, I CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCfTY REPLACEMENT; WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCIl.LARY STUDIES AND SERVICES. THE CITY OF BOYNTON BEACH IS NAMED AS ADDITlONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE GENERAL AND AUTOMOBIl.E SHOULD ANY Of THE POUCJlS DESCRBED HEREIN BE CANCELLED BEFORE THE EXPJRATtON DATI! THEREOF, THE ",SURER AFFORDING COYeRAG! WILl. EIlDEAVOR TO MM. --3.Q DAYS WRITTel NOTICE TO THE CITY OF BOYNTON BEACH CERTFICATE HeiDER NAMED HEReiN. BUT FAIl.URE TO MAL SUCH NOlla SHALL IMPOse NO OSLIGATO)N OIl 124 E. WOOLBRIGHT ROAD LIABILITY OF ANY KIND UPON T'HE! INSU~R AI'fI'ORONG COVI!RAGI!. ITS ACJ!NTS Oft RI!PReSl!NTA TlVES. OR TIiE BOYNTON BEACH, FL 33435 ISSUeR OF THIS CERTFICATE. MARSH USA INC. ~~d.~l~ BY: Doroll1y A. Stevens , , ~ 12/08103 ~. ... , 1UCER MARSH USA, INC. COMPANY 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 E Attn: STEVE WILSON 303-308-4569 COMPANY F 33320 -00124-00-01 N INSURED COMPANY ARCADIS ATTN: CHANDRA DOWNEY G 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY H " ::: ~ CONTINUED FROM DESCRIPTION SECTION: LIABILITY AS PER BLANKET ENDORSEMENTS ON POLICIES. ....~ ):,\ : ~~ , CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 MARSH USA INC. BY r;-i71':r;~""""~-~-~~~--~ -~ ~ ----r.....--'f'" ~~-~- -r - ~- ----- . - ----.-- ~ ---~-- - , CERTIFICATe NUMBER r 71 -01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAnON ONLY AND CONFeRS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 1225 17TH STREET. SUITE 2100 POUCY. THIS CERnFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE DENVER, CO 80202-5534 AFFORDED BY THE POUCIES DESCRIBED HEREIN. Attn: STEVE WILSON 303-308-4569 COMPANIES AFFORDING COVERAGE COMPANY 3320 -OOOO5-1M-Oo-01 N A INDIAN HARBOR INSURANCE COMPANY INSURED COMPANY ARCADIS B ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 COMPANY HIGHLANDS RANCH, CO 80129-2377 C COMPANY 0 THIS IS TO CERTIFY THl\T POLICIES OF INSURANCE OESCRr8Eo HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POlICY PI!RlOD INDlCATED. NOlWlTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUliD OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO All THE TERMS. CONDmONS AND EXCLUSIONS OF SUCH POUCIES. AGGREGATE liMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO ClAIMS. CO TYPE OF INSURANCE POlICY NUMBeR POUCY EFFECTIVE POUCY EXPIRATION UIIITS LTR DATE IMMIODIYYI DATE IMMlDDIYYI GENERAL UABlUTY I GENERAl AGGREGATE $ COMMERCIAL GENERAL liABILITY PRODUCTS. CQMPIOP AGG $ ClAIMS MADE 0 OCCUR PERSONAL & AtN INJURY $ OWNER'S & CONTRACTOR'S PROT $ $ MED EXP $ AUTOM08lLE UABlUTY $ COMBINED SINGLE lIMIT ANY AUTO All OWNED AUTOS ~ BODILY INJURY $ SCHEDULED AUTOS I (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNEO AUTOS n~C ,,- (Per llCCIml) PROPERTY DAMAGE $ GARAGE UABlUTY ANY AUTO I I AGGREGATE EXCESS UABlUTY EACH OCCURRENCE AGGREGATE T RY LlhIIITS El EACH ACCIDENT THE PROPRIETOR! INCL El DISEASE-POLICY LIMIT PARTNERSlEXECl1TIVE EI. DISEASE.EACH EMPLOYEE $ OFFICERS ARE: EXCL CLAIMS-MADE A PROFESSIONAL LIABILITY PECOOO8763-02 03/16/03 03/16/04 PER OCCURRENCE $1,000,000 AND CONTRACTORS POLLUTION LIABILITY DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: CITY OF BOYNOTON BEACH - TWO YEAR GENERAL CONSULTING AND ENGINEERING SERVICES - DESIGN, PERMITTING. BIDDING, CONSTRUCTION, ADMINISTRATION AND ALL SERVICES FOR WATER PLANT EXPANSION AND CAPAPCITY REPLACEMENT; WELLFIELD DEVELOPMENT AND HYDROGEOLOGY SERVICES; INFRASTRUCTURE IMPROVEMENTS AND ANCILLARY STUDIES AND SERVICES. FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE LIMIT IS THE TOTAL INSURANce AVAlLABLE FOR CLAIMS PRESENTED WITHIN SHou'D AtfY OF "!liE POLICES DESCRIBED HlIR~IN BE CANCELLED 8E~ 'IliE I!lCPI'lAllON DATE TH'OAEClf', THE INSURER ~FORDIHG COVERAGe WILL ENDeAVOR TO MAil ---3Jl DAYS WRITT!N NonCE TO THE CITY OF BOYNTON BEACH CERT..~n HO(OER NAMED HeREIN. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO alLIGATION OR 124 E. WOOLBRIGHT ROAD I.IABlLITY OF ANY KII\lD UPON lHl! INSUN!R AFFOROJNO COVERAGE, ITS AQENTS OR REPRESENT... TIVaS. OR THe BOYNTON BEACH, FL 33435 ISSUER Of "!lirs CERTFICATE. MARSH USA INC. BY: Dorothy A. Stevens " , " , ". . , - " ~u DATE ItoIIIIDDIYY) . , - .:'ll' .... "- ,. 1 . .' " jl', .. ~ i I , , '.4 . . , , ' 12 08/03 -- 1 'DUCER COMPANIES AFFORDING COVERAGE MARSH USA INC. COMPANY 1225 17TH STREET, SUITE 2100 DENVER, CO 80202-5534 E Attn: STEVE WILSON 303-308-4569 COMPANY F 33320.oo005-1M-OO-01 N INSURED COMPANY ARCADIS G ATTN: CHANDRA DOWNEY 630 PLAZA DRIVE, SUITE 200 HIGHLANDS RANCH, CO 80129-2377 COMPANY H : ' I .~. ~- - ''r'~~ - - - : " . - .~T ,. , - , CONTINUED FROM DESCRIPTION SECTION: THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED. THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. ! ,~r " ~ ~ f: - ( " . ~ '. -- CITY OF BOYNTON BEACH 124 E. WOOLBRIGHT ROAD BOYNTON BEACH. FL 33435 MARSH USA INC. BY . ~ ARCADIS ARCADIS G&M. Inc. Infrastructure, buildings, environment, communications 712 u.s. Highway One Su Ite 200 Ms. Barbara Conboy North Palm Beach Manager, Utilities Administration Florida 33408 City of Boynton Beach Tel 561 881 0077 124 E. Woolbright Road Fax 561 881 0012 Boynton Beach, Florida 33435 www.arcadl,-u'.com Subject: . ARCADIS Agreement for General Consulting and Engineering Services and Insurance Certificates for RFQ No. 065-2821-03/CJD WaterfWaste Dear Ms. Canby: Enclosed is the executed subject contract. Also enclosed are copies of insurance certificates naming the City of Boynton Beach as additional insured. Original Dote: certificates are being mailed to the City directly from our insurance company. December 10, 2003 We appreciate the opportunity and look forward to working with the City. Please let Contoct: us know if we can provide further assistance. Tom Tessier Sincerely, Extension: ARCADIS G&M, Inc. 15 ~ ~' I~""= L .'/~ Emllil: Thomas L. Tessier, PG ttessier@arcadis-us.com Vice President ~~* Area Manager cc: Elizabeth Oliva Ene!: Agreement for General Consulting and Engineering Services Insurance Certificates Part of a bigger picture G:\APROJEcnBoynton B..chIContract-l",u"n<. LItter 1210 03.doc VI.-CONSENT AGENDA ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J April 15,2008 March 31, 2008 (Noon) c=J June 17,2008 June 2, 2008 (Noon) c=J May 6, 2008 April 14, 2008 (Noon) c=J July 1,2008 June 16,2008 (Noon) IXI May 20, 2008 May 5, 2008 (Noon) c=J July 15,2008 June 30, 2008 (Noon) c=J August 5, 2008 / c=J June 3, 2008 May 19,2008 (Noon) July 14,2008 (Noofl)::, ,-.,.- .-..., C;) , ~ -. ~:J :::J c=J Announcements/Presentations c=J City Manager's Report I c=J c=J w NATURE OF Administrative New Business AGENDA ITEM IXI c=J Legal ~ Consent Agenda J:: c=J Code Compliance & Legal Settlements c=J Unfmished Business \.D .. ;'v ~~... c=J Public Hearing c=J ~ ,;-, C') .... - RECOMMENDATION: Approval of donations to the Boy Scouts of America in the amount of $5,000.00 The donations are to come from the police department's Law Enforcement Trust Fund established pursuant to Florida State Statute 932.7055. This organization has received donations from this fund in the past and is qualified to receive funding as Boy Scouts of America provides a drug abuse, drug prevention or safe neighborhood educational component in their programs. EXPLANATION: Florida State Statute 932.7055 provides that when a law enforcement agency seizes property or currency pursuant to the state forfeiture statutes, the proceeds are deposited into a Law Enforcement Trust Fund. The funds may be expended for law enforcement purposes upon request of the chief of police to the governing body of the municipality. Florida State Statute 932.7055(5)(c)(3) provides that: ...any local law enforcement agency that acquires at least $15,000.00 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15% of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention, crime prevention, safe neighborhood, or school resource officer program (s). The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. In accordance with this statute, organizations receiving funding will provide an accounting for any monies received PROGRAM IMP ACT: The Law Enforcement Trust Fund account currently has a balance of $206,647.06. This donation will count toward the required 15% expenditure. FISCAL IMP ACT: Expenditure to be charged against account number 691-0000-247-04-25. No adverse affect on departmental operations. ALTERNATIVES: None. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~~"'"" Assistant to City Manager ~ -- Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC VI.-CONSENT AGENDA ITEM E CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office c=J April 15,2008 March 31, 2008 (Noon) c=J June] 7, 2008 June 2, 2008 (Noon) c=J May 6, 2008 April 14, 2008 (Noon) c=J July 1,2008 June ]6,2008 (Noon) l'8J May 20, 2008 May 5, 2008 (Noon) c=J July 15,2008 June 30, 2008 (Noon) c=J June 3, 2008 May 19,2008 (Noon) c=J August 5, 2008 July ]4,2008 (Noon) c=J AnnouncementslPresentations c=J City Manager's Report NATURE OF c=J Administrative c=J New Business AGENDA ITEM l'8J Consent Agenda c=J Legal c=J Code Compliance & Legal Settlements c=J Unfinished Business c=J Public Hearing c=J RECOMMENDATION: Motion to approve the full release of surety for the projects known Renaissance Commons Phase 4A (Villa Lago), in the amount of $4~424.IO; and returning letter of credit no. SM222088W from ~chovia Bank to RCR Holdings, II, the developer of the project. ,,' EXPLANATION: All required utility improvements for this project have been completed, accepted by the Utilities Department, and have performed satisfactorily through the I-year warranty period. The surety can therefore be -) released and should be returned to the developer RCR Holdings II, LLC (980 North Federal Highway, Suite '2J)0, ,---;=--=; Boca Raton, FL 33432). ;~ ~.~ ~ ;g ,~ .'~~ PROGRAM Il\1P ACT: r0:7) None GJ ~ "--' --., FISCAL Il\1P ACT: -- . ,...~ '. None. r'~ -.it -- .. -';1"~ c.,) -" i''l t..O rYl~ ~~ - ~~ City Manager's Signature Assistant to City Manager ~ UTILITIES /~ Department Name City Att6rney / Finance XC: f)1'eter Mazzella File Christopher Roschek City Attorney Finance Dept. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC . ''''~dHOVL\. CLEAN, IRREVOCABLE STl\NDBY LETTER OF CREDIT NUMBER. .SM222088W I = ~~;;;;=~;=~;~~i; =~~~t~;=I=====~= ~.~~0i=bA;i===== ===1=== = = ==.~~;;;;=~~;~= === -:- - ~ ~ ~ - ~ - - ~ - - - - - - - - - - - - - - - - - - - '- - - - - - ~ - - - - - - ~ - - - - - ~ - - - - - - - - - - - - - - - - - - - ~ - - - - - I usn 49,424.10. 09/25/06 I 09/25/07 ~~==~====~==============================================================----.-- . .. ------ BENEFICIARY:. . .... ... .. .. ...~PPLIg.ANT: CITY. COMMISSIONOPi BOYNTON BEACH RCRHQLIJINGS I.~.,LLC fao EjASTBOYNTON BEA,CH BLVD 980 NORWHFEDERAL HIGHWAY BOYNTON BEACH,.. FL 3 34~ 5 SUITE 200 C/o CITY ENGINEER, PETEMAZZELLA BOCARATQN, FL 33432 RE: WATER PERMIT NO. 138271-285-DSGP SEWERPEl<.M NO. 138271-, 2 8q~OWC RENA]E SSANCE COMJ'.'jONSPHAS E4A WE HEREBY OPEN QURS1XE}lli ,1RRgy-bCABLE$TANPBYLETTI$1\OB CREDIT IN YOUR FAVOR OF ;H~CTTYBOYNl'QNBEACH, Fli81\TDA{'lcrtYll):pQl<. TBETtJITIALAMOUNT OF FORTY NINE THOUSAl.'JDFOUR HUNDRED TWENTY FOUR AND 107100 UNITED STATES DOLLARS (USD 49,424,10.) EFFECTIVE AS OF THIS DATE, WHICH SHALL REMAIN EFFECTIVE tJ1'\rTIL SEP'!'18MBE;R2 5,200.7.- THX$~ET,!,~l{ OJf.%,RED~T IpJS$UED PTjR$UAJ;JTTOTHJ$?(E,RMp OF. T;H,?\T CEf~TAIN WATER ANDSE~E~PEF<.M:rT;lNTifM~ER9+l~271-+ 28 5 ':;DS~~J:\.l'JDl$?.2.71...286 '-OWG (HERE I NAb'TEK I 11 FERMI '1''') .......... TSSUEDTORCRHOLDINGS1T ....iLLC9 SO NOR THFEDERAL HI GHWAY .._. __ , ..::,:' ":: :, _:.::>..' _.:,_, '_ _"", :. :.::.__ _. , .' "><<_::':'_' ",_ -:.:,;:::,"'".;': ':' :'.' ":-'::':'.';<',,' '..;:".:;.::-:':::-'_:_ I ":':":./" '.:::, _ ::":::::", :" - "':<::_::_::,:':-'.' : _,..:_:.:"":":"::"_' ',:,:.<: "_:":::-","':'_' :-.:\::::':.::::>:-..<:: I. SUITE 200 ,BOCA RATON;FL 36432, AS DEVELOP:BR;> BY THKCITY OF BOYNTON BlEACH, FLORIDA, TO DEVELOP A PROJECT TO BE KNOWN AS RENAISSANCE COMMONS (HEgEt:r:ql'.lCTgRiSA4LEDTHE"J?RcpJEqTJ') I.~[)JOGO~S':CRUCTAND. ItfpTALL'rHE REQU I p.......U.B.....L.I. ......0............ ..I......MP.....R.O..........VE..... .M.. E...........NT.........S.......T......O...... SUP...p.. O'..R.......T ..T..........H...E....... ....p... RO.........iJE...C.........T.. ...............B......U.......... R.....8.........UA...:....N... . '1'.......... T......O.. ... ..........'1'... HE.... T. E.....R....... MS...... O......F... ....'1'.. H..E.......... PERf1:rTS,>TBT$ ~E;'1'E~QF CF-EpITi~()'WIJ)YER,ISt ItID$PENd~ OF' SAID PERMITS AND REFE'RENCE..H.13. R18. IN .ISFOE. INl1'...ORMA......... . TION....... O...N........LY..... ..... .... . -- ". , . ,--.', -'- .. : - - ',: -:-:-,;. THE.......J:NITIAL...AMOUNT FUNDS AVATLABLlttJ'NDBRTHISLETTER OF CREDIT AND .STATED ABOVE MAY BE REDUCED FROM TIME TO TIME BY THE CITY ENGINEER, AS AGENT FOR TH::: CITY OFJ:39KNTONBEAqry,.>+NIJGGQRQ#NG~.WITHTtIE RE1qUIl{E;~J?~':I:'S QEl'HBBUBDIVISION. PLATTI NGiAl'JIJ RE QI;T IREP:r:MJ8RQVEIYlENT$REGULAq' I QN S x. CfIAPTi!2!'R........2rS; :3....... A;ND.6 RESPECTI\'E:L): OFTHRLAND.. DE)VELQl(MEN'I' REGUIJAtIONS.WEHEl}E13& AGR.J~$ THAT SUCH REDOOT IONSHA.~LNOTl?EEJ;f~~CtIVEUN'I'l P WEBAYEFtJRN.I~HEP Ai WR I'1'l'J?l"J AMENDMEl1T TO THIS LETTER.....OF...CREt!IT.. SUCHiAMENDMENT SHALL REFER$NCJ;1).TFHS LETTER..OF CREDIT AS WELL ASTHB PERMITNUMB:BRS ..AND. ]?RbJECT NAMEj AS SET OUTHEREIB,AND THE NEW AMOUNT REQUESTED. BUNDS.UNDERTlHS.. LET'fER OJ? C~EDITARE. AV7ILJ?BLEJ Tb.'IiHE..CITYHFREtfNPER,.NOT 'J'G E.....XCE....E.... DT.H....E.... .... ......C......U.R...... REN....... '1'............ Ay....A.I........LAW.....JJ. E...........>.AMO... lJN............. T. i S....1)3 SEQU.... ElN......... '1'........1'0..... AN............. y..............AU...... THO......R..... I...Z.........ED......... R...E..... D.......u. TCl' I ON.S OF' THI S..CR:EPT1' '?\91%INpTTHEqTTY' SOElMJ.\ND,:!3Y/ IT;SAVTH:9~IZEDAqENTNAMED ABOVE I FOR PAYMENT TO uS . MENTIONING pUR LETTER OF. CRE'O IT NqCSM2 2 208 8W. WHEN THE CITY'S DEMAND FOR PAYMENT IS RECEIVED AT WACHOVIA BANK, NATIONAL J,\jSSOCIATI9N, 40.:1. LINJ!ENSTREE'r' I\tifIN9TON-SA~gM, NPRTH /q~E,OLlt:{.f;.2 7 ~Ol, ATTENTION:STANDBYL::E1"'1'ElRS OFOB.EDITON ORI:3EFQRE T.fIE>EX?IRATIOJ:f DATE, :::'J' WTbLBEDULY HONDB-EDIF INCOMFLIANCEWITH THE TERMS AND CONDITIONS OF THIS LETTER OF CREJDI'I'. ;CONTTNUEDONNEXT PAGE WHICH FORMS AN INTEGRAL PART OF THIS > ,.' . - .:" --' ~ ~ETTER OF CREDIT '" " co :::> :::> :::> :5 :::> :::> . \;\TACHOVIA ; > u c ,. 0 " " " " " " " " ~ACHOVLt\.. AMENDMENT -' ; > u c ~ 0 0 ~ ~ ~ ~ ~ ~ ::> SE?, '20. L'L):'.;I) - f\" ""'"l STA\)BY 3ILL:~G v~:- NO, 343 - f\ ) : iJ ':J r'v - L AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT 09/26/06 . B 8NEFICIARY: CITY COMMISSION OF BOYNTON BEACH 100 EAST BOYNTON BEACH l3L VD . BJYNTON BEACH, FL 33435 C/O CITY ENGINEER, PETE MAZZELLA R 8: WATER PERMIT NO. 138271-285-DSGP SEWER PERMIT NO. 138271-186-0WC LETTER OF CREDIT NO. SM~ ~2088W RENAISSANCE COMMONS PRASE 4A CURRENT BALANCE: USD 49, t24.10 '\. G@NTLEMEN: 1\ 1,- W8 AMEND OUR ABOVE REFERENCED LETTER OF CREDIT ISSUED IN YOUR FAVOF FJR THE ACCOUNT OF RCR HOLDINGS II, LLC AS FOLLOWS~ - PARAGRAPH ONE AMENDED NOW TO READ: WE: HEREBY OPEN OUR CLEAN, IRREVOCABLE STANDBY LETTER OF CREDIT NO. ~M222088W I~ FAVOR OF CITY COMMISSION OF BOYNTON BEACH, FLORIDA FOR THE INITJ ~L AMOUNT OF $49,424.10 U.S. DOLLARS (FORTY NINE THOUSAND FOUR HUNDRED TWENTY FC JR AND 1/100) EFFECTIVE AS OF TH~S DATE, WEICH SHALL REMAIN EFFECTIVE UN~ (L "'"' ElPTEMBER 25, 2007, AND SHALL AUTOMATICALLY EXTEND ANNUALLY WITHOU'l AMENDMENT FROM THE CURRENT OR FUTURE EXPIRATION DATE(S) UNLESS WE SEND YOU A' LEAST 60 D~YS PRIOR NOTIFICATION VIA COURIER THAT WE ELECT NOT TO EXTEND FO~ ANY ADDITIONAL PERIOD(S). IN THE EVENT YOU RECEIVE SUCH NOTICE AND THE )BLIGATIONS OF THE APPLICANT HAVE NOT EEEN COMPLETED YOU MAY DRAW HEREUNDER T~ AMOUNT OF TaB LETTER OF CREDIT BY MEANS OF YOUR SIGHT DRAFT D~WN ON US UNTIl THE THEN caRRENT EXPIRY DATE. THE RELEASE OF THE LETTER OF CREDIT FROM THE ( rTY WOULD BE DETERMINED EY A RESOLUTION ADOPTING THE RELEASE AT A REGULARLY SCHE )ULED CITY CJMMISSION MEETING OR UPON THE ABOVE EXPIRY DATE OR ANY EXTENDED DJ fE, WffICHEVBR COMES FIRST. AGL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. TffIS AMENDMENT IS TO BE ATTACHED TO THE ORIGINAL LETTER OF CREDIT J ~D BECOMES .AN" INTEGRAL PART THEREOF. SINCERELY, ~ls is a 'i:me C(~""<"'''. " briginai in~,~;". -. :.' .... W h . .', -'. r,' , ac OVIa; ,:)0;'1"" ,." "d" _ ., . <...... ~ ...., ......"" -------------------~--------- Date not€a.. ~ -.. AUTHORIZED SIGNATURE --'\CHOVIA BANK, NATIONAL ASSOCIATION 01 RDC ~:' 26. 2~.:6 . 0 STANDBY 51 .'\3 v .- NO. 3L3 ~ j CUR CUSTOMER CARE PHONE NUMBER FOR ANY QUERIES IS 800-776-3862 CUR FA-X NUMBER IS 336-735-0950 MEMORANDUM UTILITIES DEPARTMENT NO. 06-164 TO: Mary Munro, Budget Coordinator, Finance Department (w/original) Jim Cherof, City Attorney (wi copy) FROM: Peter Mazzella, Deputy Director of Utilities ~ DATE: September 29, 2006 ...~SU:\s'~Jit1: Renaissance Commons Phase 4A - Letter of Credit Transmittal . . ., Enclosed is original letter of credit no. SM222088W from Wachovia, with an amendment to paragraph 1, as surety for the one-year warranty of the water and sewer improvements for the subject project. Please review this letter of credit, and if acceptable, retain for further use. If you find any deficiencies in this letter of credit, or have any questions regarding it, please contact me directly. Attachment XC: Laurinda Logan, Engineering File VI.-CONSENT AGENDA ITEM F CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to CilV Clerk's Office Meeting Dates in to City Clerk's Office 0 April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 Apri] ]4,2008 (Noon) o July 1,2008 June] 6,2008 (Noon) ~ May 20,2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve the full release of surety for the projects known Renaissance Commons Phases lA and IB in the amount of$4~01.75; and returning performance bond no. 08780439 from Fidelity and Deposit Company to K. HovnanianITown and Country Builders, Inc., the developer of the project. EXPLANATION: All required utility improvements for this project have been completed, accepted by the Utilities Department, and have performed satisfactorily through the I-year warranty period. The surety can therefore be released and should be returned to the developer K. HovnanianlTown and Country Builders, Inc., (c/o K. Hovnanian, Attn: Sally Hamerman, Executive Asst. to Stephen B. Liller, 3601 Quantum Blvd., Boynton Beach, FL 33426). m) PROGRAM IMPACT: r') _.. .--1 None :.:) ...._~ -< .. FISCAL IMP ACT: None. r...,) G) ALTERNATIVES: -j '''_-l ~.-,- . None ~ .. r" c._ ,~ C~) ;,.;:) . , -) -- City Manager's Signature ~ UTILITIES Department Name City XC: {i.peter Mazzella File Christopher Roschek City Attorney Finance DepL S:'BULLETIN\FORMS'AGENDA ITEM REQUEST FOR!\'1.DOC MEMORANDUM UTILITIES DEPARTMENT NO. OS-S7 TO: Mary Munro, Budget Coordinator, Finance Department (w/original) Jim Cherof, City Attorney (w/copy) FROM: Peter Mazzella, Deputy Director of Utilities P DATE: April 2S, 200S SUBJECT: Renaissance Commons Phases lA & lB - Performance Bond Transmittal Enclosed is original performance bond no. 08780439 from Fidelity and Deposit Company of Maryland as surety for the completion of water and sewer improvements for the subject project, and to provide a guarantee of satisfactory operation during the one-year warranty period. Please review this performance bond, and if acceptable, retain for further use. If you fmd any deficiencies in this performance bond, or have any questions regarding it, please contact me directly. Attachment Xc: Laurinda Logan, Engineering File -' . EXHIBIT "N-3,t (LDR. Cha.p. 7, An. I, Sec. 3.B.) (LDR, Chap. 7.5, Arl. II, S'ec. 7.) Bond No. 08780439 PERFORMANCE BOND (MAINTENANCE BOND) KNOW ALL MEN BY THESE PRESENTS: That [1) [we],. Town & Country Bui 1 ders, Inc. hereinafter call PRINCIPAL.a,nd Fidelitv & Deposit r.omrnny nf * . asuretycom.p'any authorized~Q do business. in the State of .Florida. hereinafter referred to' as SURETY. are held and firmly bound unto the City of Boynton Be~lch, a political subdivision of the State of Flonda, hereinafter t:alled CITY, the full and just sum of ** U. S. Dollars ($ 43,901.75) . . lawful money of the United States of America., to be paid to the City of Boynton Beach. to which . payment will and truly be made, we bind ourselves, our' heirs, executors. l'U1-m1nistrators, successors and assigns, jointly and severally, firmly by these presents.: . [WHEREAS. the abo've bound PRINCIPAL has received ap:prova! from the CITY for the rec.ording ofa certain subdivision plat known as Renaissance Commons, Ph.lA/lB and S'C1Ch recording is prior to completion of construction of the ReqUIrea. +mprovements as prescribed by. the Subdivision, Platting 2nd Required ImprovementS Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS J pertaining to said subdiVision;} or . [WHEREAS,' the above bound PRINCIPAL has received approval from- the em for the construction of a crertain project known asRena i ssance Commons, P'h. lA/~d such project shall construct and install the required public improvementS to support the Project pursuant to the terms. of the Permit,] and. . WREREA,S. PRINCIPAL has been issued that certain water and sewer maintenance ~ermit] ~~~ Number. ~ hereinafter the PERMIT. for warranty of said Required Improvements, a copy of which is att~ched hereto and by reference m.ade a part hen~qf; and WHEREAS., it was one of the conditions of said REGULATIONS and PERMIT thq.t 1b.is bond be executed.., for a pe ri od of one (1) yea r from the date of, a cceptance of the work provided for in the agreement. " NOW. THEREFbRI~. the conditions of this obligation are such that ~ the above qound PRINCIPAL sha II ill. all respects comply or cause others to co~ply with the terIIlS and conditions' of said PERMIT, within tbe time specified. a.n.d shall in every respect fulfill [its][his][her][their] . obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and .effect. * Ma ryl and *~ Forty Three Thousand Nine .Hundred One and 75/100 Dollars Page 1 of' 4 pages #08780439 The PRINCIPAL .and CITY agree that. the CitY Ep;gineer may, in writing, reduce the initiai amount stared above in:acoordance with the requ..irements of said REGULATIONS. The SURETY UNCO:NDITIONALL Y COVENANTS AND AGREES that if the PRJNCIP AL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, llpon th,irty. (30) days written notice from the CITY or its 'lluthorized agent or officer, of the default, to the PRINCIPAL or its authorized. agent or officer, \viU forthwith perform and complete the aforesaid construction work and pay the cost thereof: including, but not limited to, engineering, legal, and contirigent costs, together with any damages eith~ direct. or consequential. Should the SURETY fail or refuse to perform -and complete the said improvements, CITY, in view ofthe public interest, health, safety an.d welfare factors involved and the inducement in approving and filing the said plat, shall have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at la.w and in equity including specifically the specific performance, to which the l'RlNCIP AL and SURE~ unconditionally agree. . The PRINCIPAL ,AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids. cause to be constructed the aforesaid improVeInOIlte in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CIT'Y should exercise and give eff~lct to such right, the PRINCIP A1. and SURETY shall be jointly and severally liable hereunder to reimburse the CITY; the total cost thereof, including but not li:m:itec to, engineering, legal, and contingent, costs, together '.Villi any damages, either din~ct or consequontial, which may bel s'UstaUied on account of the failure of the PRlNCIP AL to carry out and execute all the obligationa for construction of Required' Improvements pursuant to the REGULATIONS and PERMIT. IN W1TNESS WHEREQFf thePRINCIP At. has executed these presents this 3 rd day of March --J 20~, (CORPORATE SEAL) . TOWN & COUNTRY BUILDERS, INC. a Florida corpor riOH licensed to do bus Florida] BY: ATTEST: ~ ~ " . .~. y C~Q~,~ 1. .... - ../\, -. , Colleen Rott (Impressiona.ble corporate seal) Page '2 of 4 pages . )8780439 O. i275 Gateway Blvd. . ADDRESS: ; Boynton Beach, FL 33426 STATE OF 4 ) ) COUNTY OF .. _ . . }ty'Lt.~a ~,I ]: K~\U1who . is BEFORE ME personally appeared personally known to mc, tlr has produced . ..... _ as identification,. and who executed the foregoing instnunent as [Vice] President of t '9.0 , ~t a corporation, and severally ackc.owtedged to and before me that [he][sheJ executed such inBtrument.as such officer of said corp oration t and that the seal affixed to the foregoing .instrument i~. the corporate seal of said corporation and that it was affixed to .!laid instrument by due and regular corpora~e authority. and that instniment is the fre(~ act and deed of said corporation. WITNESS my hand 21I1d official seal this .~ dayOf~20D~ My commission expires: ~oJary Public . '. (Seal~,. . "OFFICIAL SEAL" I JOANN LOFTUS ~OR- t Nolacy P"bli~ Stat, oflmooO . ) , My Com"mission Expires 05/15/05 >-.. ,."-, (lNDIVIDU.AL PR1NCIP AI.) WITNESS: ~ BY: ADDRESS: (SURETY SIGNATURE BLOCK) ~1~J. FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY WITNESS:. BY: (type name) Its Peggy Faust . (power o:(attomey Stephen T. Kazmer . . Pa~e 3 of 4 pages #08780439 ADDRESS: 1400 American Lane Schaumburg, IL 60196 STATE OF ILLINOIS. ) COUNTY OF DU PAGE ) BEFORE ME personally appeared StepheD_J._~azmer who[is]~J personally known to me or [has][~~produced power of attorney . respectively] as identification, and who executed the foregoing instrument, and ackriowledged before me that [he][~i~i executed said instnlmcnt fodhe purpose .expressed therein. \VITNESS my hand and official seal this 3rd da.yof Ma~. My carnnUssian C'lXpircs: ~- November 29, 2008 . ataxy P lie (Seal) ( - "OFFICIAL SEAL" BONNIE J. KRUSE Notary Pu.blic, State of Illinois My Commission Expires 11/29/08 Page 4 of 4 pages . Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALlY AND SURElY COMPANY, corporntions ~land, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of u G Article VI, Section 2, of the By-Laws of said Companies, which are set forth on the reverse' ~ er " . led to be in full force and effect on the date hereof, does hereby nominate, consti . t\COBS, Stephen T. KAZMER, Bonnie KRUSE, Jennifer J. MCC G , Dawn MORGAN and Mary Beth PETERSON, all oC coon~ . s and Attomey-in-Fac~ to make, execute, 80s! aod deliv"" Coc, aod o~ ()l ,ao' e , any and all bonds and undertakings snd the execution of such b \9" s . ese presents, shall be as binding upon said Companies, as fully aod _Jy, to all in~~1Jtd been duly mcoted aod acknowledged by the segolady elected oflie"" of the Company at i~ a re, Md., in their own proper persons. . The said Assistant re does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 6th day of March, A.D. 2003. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ~1I~ By: ~ T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland } 55' City of Baltimore . On this 6th day of March, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the . preceding msnument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affIxed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. e ~ ~ '-1JV t--'\ 0 Sandra Lynn Mooney Notary Public My Commission Expires: January 1, 2004 POA-F 036-0013A 9 Bond No. 08780439 - Dated: March 3. 2005 ZURICJ-I THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BONL Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of2002. No action is required on YOlI part. Disclosure of Terrorism Premium The premium charge for risk ofloss resulting from acts of terrorism (as defined in the Act) under this bond is $_ waived_ This amount is reflected in the total premium for this bond. Disclosure of A vailabilitv of Coveraee for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has y....,ic losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1 % of direct e~ premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses, the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in anyone calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance AGt defin€s "act of terrorism" as any act that is certified by the Secyc-::ary ofthe Treas:lr> in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life, property or infrastructure; 3. to have resulted in damage within the United States, or outside of the United States in the case of an air can-ie; (as defined in section 40102 oftitle 49, United 17 States Code) or a United States flag vessel (or a vessel basee: principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a wa. declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed $5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14,2008 (Noon) o July I, 2008 June 16,2008 (Noon) C8J May 20, 2008 May 5, 2008 (Noon) o July 15, 2008 June 30, 2008 (Noon) o June 3, 2008 May 19, 2008 (Noon) o August 5, 2008 July 14,2008 (Noon) ..~) ,~ 0 AnnouncementslPresentations 0 City Manager's Report f.-,,) . ,-- NATURE OF 0 Administrative 0 New Business -~ AGENDA ITEM I 1 C8J Consent Agenda 0 Legal U"1 ) 0 Code Compliance & Legal Settlements 0 Unfinished Business .. - ". 0 0 --- ..-,'" Public Hearing ---4'-.. .. c:c::< - (Jl '1 Q'\ ~',_;lO :J RECOMMENDATION: Motion to approve the release ofa performance bond for the Knollwood Groves PUD project in the amount of$105,621.50. A letter dated January 3,2008 requesting the release is attached. EXPLANATION: This request represents the completion of the excavation and fill of the lakes at the project site. The one- year warranty period has also been completed. PROGRAM IMP ACT: FISCAL IMPACT: 001-0000-220-99-00 ALTERNATIVES: ..../: ' (,' ,~; ."", ,/. _ \ r",/' , - . i I f.i r /,,v, )f... (I....: .' .~ '" .". ,!. T ~ ..~~ .- .,,-- '- -":.~ -.t-;~ -- -~-,--_. .....,I . ... ",,- J'i .l..:~ 'j; .Depa~ent~ead's Signature City Manager's Signature r r -_/0 ( l,t, . '-;. .. \ ~ ., \. Assistant to City Manager Public Works/Engineering Division 7J~L Department Name City Attorney / Finance 7 S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC !!iCHNARIf Jeffrey! Schnars. ENGINEERING CORPORATION -. PresIdent ~. James W Mahannah. P E -.- Vice President January 3.2008 Mr. Dave Kelley City of Boynton Beach Engineering Department 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 RE: Knollwood Groves Excavation and Fill Permit Schnars Enl!ineerinl! Corporation Proiect No. 04174 Mr. Kelly: This letter is to request a release of bond for the above referenced project. As a part of excavating the lakes in a $105,621.50 bond (no. SU5016385 by Arch Insurance Company on Nov. 15,2005) was issued. The work associated with this bond has been completed, therefore, on behalf of the Developer, I respectfully request that the bond be released. Please do not hesitate to contact me if you should have any questions or require additional information Sincerely, !!iCHNAR!!i ENGINEERING CORP. A ",~ Gary R. Dunmyer, P.E. Project Manager q\projects\2004\04174\docs\boynton beach\earthworklkelly 01-03-08.doc 951 Broken Sound Parkway, Suite 320 . Boca Raton, FL 33487 · Tel: (561) 241-6455 · Fax (561) 241-5182 Page 1 of 1 Hall, Ken From: Hallahan, Kevin Sent: Friday, January 18, 20083:05 PM To: Hall, Ken Subject: RE: Request for release of restoration surety for the excavation/fill operation for Knollwood Groves Ken, The lake plantings (upland and littoral) have been installed but not yet inspected and approved by the City. Thanks. Kevin. From: Hall, Ken Sent: Thursday, January 17, 20084:37 PM To: Hallahan, Kevin; LaFontant, Frantz Subject: Request for release of restoration surety for the excavation/fill operation for Knollwood Groves Kevin: Have the littoral plantings been installed and approved? Frantz: Please confirm that the lake construction has been completed An email from each of you will be satisfactory. Thank you both. K 1/22/2008 , (:J ~ ()J\JOl :.J~ c(W)-~r tJc;: 'A'f.-G \I!-~w.> to - [..,-,\,) ( V\ -CC;"M- c.g \....A...i ()K\cQ\W~l. BOWl) CS~ ~o.cW ') :5G~l-- A ~cr;;; () hJ '-- ~ O'A-~ l;Gt-u~,- -n};PJ)jtb Ip DEPARTMENT OF PUBLIC WORKS--tht b . ! > ENGINEERING DIVISION btJO Lj~S ~ 12. G=LG1'\-S61> ,P tSWS-'2- AcQvC9t U;5 (F- y(}u L~Vcr- .... -C~G- C ~L <0 lllJ ~L (J R-._ \Z rtJ~)LJ '0 r=:- l~) 0 t5POS~~ Bill Mummert (hand delivered) -rh.~k..) ~M: Ken Hall @ ~ y; &>Z~3 -------. TE: December 5, 2005 : Performance bond for excavation/fill permit #05-6558 (D.R. Horton's Knollwood PUD project) - ached is D.R. Horton's performance bond on the city's approved form in the amount of$101,661'50. s represents the surety required per chapters 7 & 8 of the land development regulations. Upon flying that the surety company meets our bond requirements, please file the bond for safekeeping until sfactory completion of the specified improve.ments. Attached is a copy of the engineer's restoration mate and the permit application. '\) AUG WL\.5~ ~ 'AU \2.,\ W\) vt- \..A; A vJ ~wt~ FILe? 6S-- b5"S-~ < Permit file. i " .r:-{ Id No. SU5016385 EXmBl1' '.N_3't (LOR, Clap. 7~ Art.!, Sec. ~.it) (U'>~ Chap. 7.S, Art. II, Sec. 7.) PERYORMANCB BO~ KNOW ALL MEN BY THESE PRBSBNTS: That [1] [we].D.R. Horton, Inc. , . h~ ~a1l PIUNCIPAL. and Arch Insurance Company . a sumy oompau)' a~ to do business In the State of Florida, hc:mnafter:referred to as SURETY. 8X'Cl held. and fumly bound =to:the City QfBo1Ilton Beach, a politiCal,fubdivisiOIl of the StD of F1orlda. hemnafler c:alled cnY. tho t\11l aad.just8llD1ofnMt~.,mwtF=hMThnlI!tIIMATY,",nMnldl;httvnnllnnlIA",lI!1rlMl1nn U. s. Do~ ($105.661.50 ), lawful ~ ofb United States of America, to be paid to the City of Boynton Beacb, to whidl payment. wi1l cmd. tmlTc be made. WCI lrlDd OW'lelves, ow heiIs, oxecutoa. admiDiWators, succroesor&8Dd 1SIlp, ofntly me! 1mra11y, finnty by these pn:sCDts: . [WHBRBAS, the above bolmd. PR.INm.AL has received 8;Pproval from the CITY for the ~rdiug;()f a. certain subdmsiou plat mo'M1lS · md. nc:bf: reccrding is prior to completion of construction of the Reqttim1 :bIiprQVOU1<<UB as prcacrlbed by .:hrJ ~visioI4 PIatti:n8 end.. R.equ!red Improvements ~. Chap1ers 2.5. 5 and 6 respectively ofthc Land Development R.eplatioa oftha City ofBo)'Ilton Beach, heteiuafier the REGULA nONS, pertaiDins to laid subdivision;] 2r [WHEREAS. the above bound PRlNCIP At has received approval from the CITY for the c~n of a oertain project Ia10wn as Knollwood - Earthwork . and SUQh ptojaot' shall ~mtruct and iDstaU the required -public improvement! to sutJport the Project pursuant to the termS' of the Pcrmit,] and WHEREAS, PRINCIPAL haa been i,sued that certain r PcmUt] [Land Dwclopmoat Penn1t] Numbar . hereinafier the PERMIT, for constructlaa. ofaJd Required 1mprovemcmm, & gOPY Of'Whi\iD iI ~ hereto and by refeml~ made a part hereof; and WHEREAS. it was ~ otthc conditlons ot said dotJ'LATtONS rmd P.BP.MIT ~t this bond bL' executed. NOW, THP.REFORBJ the CODditions of' this obUgatiou a1'e moh that if the 2bove bOlmd PlUNClPAL sbatl in aU respects ccn:nply Qt cause ethers 10 oomply with the temia and CODflilions ot'said PERMn', witbJn the 1imo spoci.fied, an4 shall in f!IV8t:'J respect fal.fill (itsJ(hisJ(her]rtheir] ObIfpti011 thereunder and under the plans thetdn re:t'.med to, then thi. cb1iptlot1 to be void; o~ it shall mmain in full forco and cffilct. PIP 1 of 4 platS The PlUN~AL and em agre. tluU'tbe City EDgin~ may,. in wrltinit reduce the initial ~ount stated abovo in accordance with the requirements of aid RBGt.1J.,A nONS. The SURBTY UNCONDmONALLy COVBNANrS .AND AGltBBS that if tho PR1NCIP AI. f.d1J to pstform III or any part oftba -conatnlctiCll wcrtk teqttlm:1 by .said PBRMIT and UGUtATIONS within:. the tima $peeiB~ theSUUTY, upon ~ (30) days wrltten notice from tho CITY 'or its ~ agent c.r omcer, of tho default, to tha PRINCIP At C1' its autho.riad age$. or Qffklar. will fbrtb.w1fh pe.rfonn and complete the atOresaid oonstrt1Ct.1on work and; pay Ulo wst thOtclof, including, but not limited to~ eng:inbering, I. pI, ao.d contlngem costs., together with.any damage. either direct or cons~tial. Should. the SURETY fall or refuse to pedonn a:a.d complete tha aid iJuFovcrnmts; CITY, in. vipw of the publie i!lte~$4 Maltb, $aiety - wou-ar. f3ctcnl involved and the inducement in ~viu& cd Bli:ai the said plat, shall haw tho right 10 1'CJOrt 1o.any IEU1 aU lep1 remedi-1IIfut tho PRINCIPAL and/or SURETY. or both . law - ill oquit;y iuGludfaJ ~caUy the spec.Ul~ ~e, to whiM the PRINCIPAL anc1 st.1RETY uncondition;d1y aaree. 1'b PlUNCJPAL AND st1RB'IY FtTlU"a:Ea JOINTLY AND SBVERALL Y AGREE thst the CITY, atits opliou. ..-u 11M the rl&ht to <<U.ruGt <'It putI1LII1t to public advertisenmrt and raceipt of bids. cause to bo ~ed the afbresaid. improvements in case tho PPJNCIP AI. ~bou1d.an or to!P.i~ to do co fA iCC01'danc. with the tetms of said PBRMlT. :m the ,vut CITY should === - aive ef.fbct to such_ tho PRlNCIPAL and SORli'I'Y shall be jointly and slWelaUy liabl. hsre1mdor to roimlnae tbe ~tho total COt1 thereot mciudiq but not ~ to, enrLlJllJrjzsr. 1esaJ, IUd ~ com. toptbar wiIh auy ~I\PI,. either ~ or ~.u11. wbfch may bo ~ on ucaunt of'Che f'aiIure -0111= l'lUN'CIrAL to 1::8CtY out . a4 ~ Ja11 tl1e Qb~ for <lODSttt1otion of Roquirad ~ 1'un=am to the J.BGULATIONS Imc1. PBRMlT. IN WITNESS WHBlBO.F, the P.lmtClPAL his executed the$C present! this~ day of November t~. (COlU'ORATB SEAL) D.R. Horton, Inc. [a ~~~{.. Delaware corporation. . busi%lesi fa Florida] ?~"L 7o/"Nt....<:>......\k..,~ (Lujll_~1e eo!pOraM fM1) Pap 2 of 4 .P4iC5 ADDRESS: II q ~ € k6r ;l/ewfhe T a.eiJler lJF!, . #/$l . 12.R.rt"€-!d 6cw.4, FJ -'344:2. , STAT.S OF Florida..- ) COUNTY OF ) ~MBpemoaoIlyappomdPa.w ~atJ:sb. ..;,., lJ <P~ to me.JX' ha$prodUt#J IS fdantl11caUon. ;md who ex: -tho ~aoinIiDstrumtnt II [Vi~l Pre&idem of D.R. Horton, Inc. . a c:orp~ Bnd ~etally acknowledged. tQ and be6m:t me that [beJ[the] "'ecutld. such instrwnent as such officer of said o01'p01'iUon, and. ~ the seal. affixocl to the roresoing ~ent is the corpontc seal of $lid caxpomtio.u and thIt it WU afiix04 to uid. bJstxumeat by due and regular co:poraw authorltrr and that mstmmentia the n..$)f ~ dt$4 otWd oorporation. WlTNBSS my hand and. olJililid seal this Ju +h dayof November . j~()~5 My cotmnisaion expires: .L/--~ ~ ./ Notary p~ ~""v.."1 FRANCES J, GUERRA (Seal) ~f:of' Nolary Publlo . 81ale of Florid. ~ ~ . i My CommlaSlon EXpires Nov 14, 2006 S CommtB$lon # 00153474 Bonded By National NotatyAssn. -OR- (INDIVIDUAL PRINCIPAL) WTINESS; BY: ADDRESS: , (SUDTY SIGNA"TURB BLOCK) WlTNBSS: ~Ct~ U~ BY: Denise Taylor its att01:ney..i1i.o t Gloria Robb (power of attomeywust be attached) and FL Licensed Resident Agent c/o WILUS OF FLORIDA 3000 BAYPORT DRIVE. #300 Pagr; 3 oe4 pll.gd TAMPA, FL 33607 INQUIRIES: (813) 281-2095 ADDRESS: 135 N Los Robles #825 Pasadena,CA 91101 STATE OF Florida ) COUNl'Y OF HiIIsborouah ) BBFOUMBpmomllyapplllami Denise Tavlor whQ(isJ[are] persoua11y kDowD to me or [hasl[bavo) ptoduced. Personallv Known {and t respectively} u ldOl1t{fI~ and who exlOUted tho foro", iulttUmlJ.l1t, and acl;;nowledged before me that lbc}[shc][thcyl executed said imttumen:t tor the pmpose expressed thtrein. WlTNESS my hmd. md offidal sea1. this 15th daY of November .~. , My comm:is.sion O1.:pia~ 1l1~Q.~ January 8, 2007 No1ary Publio Margaret A. Ginem (Seal) OFFICIAL SEAL I'I'.ARGARET A. GINe~~ Notary PllIblic State of Florida . Comm. # DD 176563 . Comm. Exp. Jan. B, 2007 Paao .. 'Of" plIgel VI.-CONSENT AGENDA ITEM H. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April IS, 2008 March 31, 2008 (Noon) D June ]7,2008 June 2, 2008 (Noon) D May 6, 2008 Apri] ]4,2008 (Noon) D July I, 2008 June ]6,2008 (Noon) r8J May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) --- D June 3, 2008 May] 9,2008 (Noon) D August 5, 2008 July ]4, 2008 (Noon) .. D AnnouncementslPresentations D City Manager's Report .--- NATURE OF D Administrative D New Business AGENDA ITEM r8J Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of April 2008. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall fIle a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Department Director, Purchasing Agent, and City Manager. FISCAL IMP ACT: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for more timely purchases to be made. ALTERNATIVES: NONE ~ Department Head's Signature City Manager's Signature ~~~~ Assistant to City Manager Cit1L. City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR APRIL 2008 1. Vendor: DELL MARKETING LP Purchase Amount: $25,582.87 Requesting Department: Utilities Contact Person: Pete Mazzella Date: 4/23/08 Brief Description of Purchase: Twenty two (22) Optiplex 2008 PC Replacement Program Source for Purchase: State Contract Fund Source: Various Utility Accts 2 Vendor: FLORIDA COAST EQUIPMENT Purchase Amount: $21,095.00 Requesting Department: Parks Contact Person: Steve Weiser Date: 4/11/08 Brief Description of Purchase: Purchase of Agricultural Tractor Replacement of Unit #8501 Source for Purchase: State Contract Fund Source: 501-2516-519.64-33 3 Vendor: INSITUFORM TECHNOLOGIES, INC. Purchase Amount: $11,421.90 Requesting Department: Utilities Contact Person: Dan Spooner Date: 4/11/08 Brief Description of Purchase: Reconstruction of 333 LF of the 10" Sewer Main line at 1281 SW 27th Ave. to include "Cured-in-Place Pipe and light clean and TV of line. Also 80 LF of service lateral needed to have TV inspection and CIPP four service laterals up to 15 LF. Source for Purchase: Piggy Back Contract of Ft. Fund Source: 406-5000-590.65-04 Lauderdale contract 11273 Sch B 4 Vendor: S & F CONSTRUCTION Purchase Amount: $31,589.45 Requesting Department: Engineering Contact Person: George Mantell Date: 4/25/08 Brief Description of Purchase: Replace Sidewalks - NW 1 st Ave., Ocean Ave., SW 3rd. Source for Purchase: Piggy Back School Board Bid Fund Source: 302-4905-580.63-24 CPO 263 5 Vendor: SOUTHERN OUTFITTERS Purchase Amount: $23,000.00 Requesting Department: Golf Course Contact Person: Dan Hagger Date: 5/1/08 Brief Description of Purchase: 2008 Model 2000 Simplex Peerless Auto Reel Grinder Source for Purchase: Three written Quotes Fund Source: 411-2911-572.64-21 Page 1 ,C'~'.h"",,,,,"~,,,,,",,,_~_'OIi<""',,"'""',,,.,,,,c PURCHASE ORDER -" CITY OF BOYNTON BEACH, FLORIDA ~. PROCUREMENT SERVICES DEPARTMENT ~ 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 081195 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/23/08 VENDOR 7736 SHIP TO: TO: DELL MARKETING LP City of Boynton Beach ONE DELL WAY EAST UTILITY ADMIN ROUND ROCK, TX 78682 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. ORDERING DEPARTMENT: INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CALL DATE NEEDED: BID NO: (561)742.1)310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 9.00 EA OPTIPLEX 755 CORE 2 DUO E8500 1108.8200 9979.38 2 2.00 EA 1108.8200 2217.64 3 4.00 EA 4435.28 4 4.00 EA 4435.28 5 1. 00 1108.82 6 2.00 0 2217.64 7 1. 00 DUO , 0 1188.83 PROCUREMENT SERVICES: P.O. TOTAL: 25582.87 \CCOUNT NO. -,EE BELOW 25582.87 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 9-Apr-08 Requesting Department: Admin/Utilities Contact Person: Terry Rowe Explanation for Purchase: I 2008 PC Replacement Program I Recommended Vendor Dell Inc. I IDollar Amount of Purchase $25, 582.87 I Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract [Z] PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: Florida State Contract # 250-000-03-01 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract Fund Source for Purchase: Please see attached requisition for operating account numbers Approvals: &A4~~A Department Head Date ~IIJVv}- Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA .- , PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: P.O. BOX 310 081164 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/11/08 ~ ~I\I DOR 1106 SHIP TO: TO: FL COAST EQUIPMENT City of Boynton Beach 9775 W. BOYNTON BCH BLVD PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33437 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 45902 ORDERING DEPARTMENT: FLEET/RC INQUIRIES REGARDING PURCHASE ORDER CALL DA TE NEEDED: BID NO: I COMMISSION APPROVED: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA PARKS DIVISION-PURCHASE OF 21095.0000 21095.00 AGRICULTURAL Kubota PROCUREMENT SERVICES: P.O. TOTAL: 21095.00 ~CCOUNT NO. 501-2516-519.64-33 21095.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 4/4/2008 Requesting Department: Public Services Contact Person: Steven Weiser Explanation for Purchase: Purchase of Agricultural Tractor for Parks Division I local vendor for Kubota tractors quoted lower than sheriffs' contract by $811.00 see attached memorandum. Recommended Vendor Florida Coast Equipment I I Dollar Amount of Purchase $21,095.00 i Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA 0 State Contract D. PRIDE/RESPECT 0 SNAPS 0 Sole Source 0 Piggy-Back 0 Budgeted Item 0 Emergency Purchase 0 Other D Contract Number: NOTE Pricing proposal for purchase must be presented In the same detail contained within the contract Fund Source for Purchase: 501-2516-519-64-33 Approvals: / /' i, , Jj / /,-u Department Head Date . I ~ !.)7- ri;f~J;~ Purchasing Agent Date Asst City Manager Date City Manager Date 11 -~ g Form Revised 02/01/02 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081163 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/11/08 ,DOR 4625 SHIP TO: TO: INSITUFORM TECHNOLOGIES INC. City of Boynton Beach 11511 PHILIPS HWY S EAST UTILITY ADMIN JACKSONVILLE, FL 32256 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 45850 ORDERING DEPARTMENT: UTILITIES ADMIN HS INQUIRIES REGARDING PURCHASE ORDER CAll DATE NEEDED: BID NO: I COMMISSION APPROVED: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 333.00 LFT CURED-IN-PLACE-PIPE, 10" MAIN 33.0000 10989.00 LINE option 2 if needed - CIPP service laterals up to 15 If, 4ea @2290.00/ea = $9160.00 2 333.00 LFT 10" LIGHT CLEAN AND TV 1.3000 432.90 option 1 - 80 If service lateral TV inspection if needed at $2.90/lf = $232.00 REMARKS: Piggy-back City of Ft. Lauderdale contract 11273, Schedule B. PROCUREMENT SERVICES: P.O. TOTAL: 11421.90 ACCOUNT NO. PROJECT 106-5000-590.65-04 SWR064 11421.90 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 7-Apr-08 Requesting Department: Utilities Contact Person: Dan Spooner Explanation for Purchase: We need to reconstruct 333 If of the 10" sewer main line at 1281 SW 27th Ave. This will include "Cured-in-Place-Pipe" (CIPP) and light clean and TV of line. Also if necessary 80 If of service lateral may need to have TV inspection and CIPP four (4) service laterals up to 15 If. I Recommended Vendor Insituform Technologies, Inc. I I Dollar Amount of Purchase $11,421.90 I Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: 11273, schedule B NOTE Pricing proposal for purchase must be presented In the same detail contained within the contract .. Fund Source for Purchase: 'k~' I 406-5000-590-65-04 ')c.--{ (' i J Approvals: 1 --.-.,- ... " ". Department Head ; \[ ) .~ , Date I '-' Purchasing Agent r Date Lf ---- f 0 - wolf Asst City Manager Date City Manager ----------...'----.----, Date ~' -I( - DC Form Revised 02/01/02 PURCHASE ORDER . CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 081205 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/25/08 VENDOR 6836 SHIP TO: TO: S & F CONSTRUCTION INC. City of Boynton Beach 2180 SE 1ST STREET ENGINEERING DEPARTMENT BOYNTON BEACH, FL 33435 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 I REQUISITION NO. 45984 ORDERING DEPARTMENT: PW/ENGINEERING INQUIRIES REGARDING I COMMISSION APPROVED: PURCHASE ORDER CAll DATE NEEDED: BID NO: (561)742-6310 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 31589.45 EA REPLACE SIDEWALKS - NW 1ST AVE, 1.0000 31589.45 OCEAN AVE, SW County PROCUREMENT SERVICES: P.O. TOTAL: 31589.45 ":COUNT NO. 302-4905-580.63-24 31589.45 ru.n",. I A,.......,.... PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #:: 08123? P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 05/01/0, VENDOR 1582 SHIP TO: TO: SOUTHERN OUTFITTERS City of Boynton Beach 7805 92 COURT THE LINKS AT BOYNTON BCH VERO BEACH, FL 32967 8020 JOG ROAD BOYNTON BEACH, FL 33437 REQUISITION NO. 46080 ORDERING DEPARTMENT: GOLF COURSE DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE#: QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1. 00 EA 2008 MODEL 2000 SIMPLEX PEERLESS 23500.0000 23500.00 AUTO REEL 2 1.00-EA 500.0000 500.00- PROCUREMENT SERVICES: P.O. TOTAL: 23000.00 ACCOUNT NO. 411-2911-572.64-21 23000.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 4/25/2008 Requesting Department: GOLF Contact Person: SCOTT WAHLlN Explanation for Purchase: This is to replace our reel grinder, which is no longer supported by the manufacturer. The requested unit is $405 dollars more than the low quote. We would like to purchase the requested unit because we are very familiar with it and the distributor of the other unit does not have a demonstrator to show us. I Recommended Vendor S9UTIIE"r J OIITr=rrFE~~ ~ ~ 05m~ I I Dollar Amount of Purchase $23,000.00 I Source for Purchase (check and attach backup materials): Three Written Quotations [LJ GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 411-2911-572-64-21 MAINTENANCE EQUIPMENT Approvals: ~~~ Department Head Date 4\I...S\Q~ Purchasing Agent Date Sf, J f) ~ Asst City Manager Date l City Manager Date Form Revised 02101/02 VI.-CONSENT AGENDA ITEM I. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15,2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) ~ May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June30,2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Authorize the use of$l,OOO from Vice Mayor Rodriguez's Community Investment Fund to help the Boynton Beach Police Athletic League in sending three Basketball teams to the Nationals in Hampton, Virginia, June 23 - 29,2008. EXPLANA TION: Commission approval is requested for allocation of $1 ,000 to help defray the cost of transportation, hotel, and food for the Boynton Beach Police Athletic League to send three Basketball teams to the Nationals in Hampton, Virginia June 23 - 29, 2008. PROGRAM IMPACT: Allocation of funds will help defray cost for the above program. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~ City Manager's Signature Assistant to City Manager Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC . D - UJ ~ .;:, ~ . ~ -<(,.: v<V BOYNTON BEACH POLICE ATHLETIC LEAGUE 100 E. Boynton Beach Blvd. . Boynton Beach, FL 33435 (561)742-6190 . Fax (561)364-4079 Mayor Jerry Taylor City of Boynton Beach On Friday, March 31 - April 1, 2008, three Boynton Beach Police Athletic League (PAL) teams competed in the State Basketball Tournament games played at the Disney Wide World of Sports Complex in Orlando, Florida. The three teams; 10 & under, 12 & under and 14 & under, placed first and second in the tournament. As winners the teams qualified to play in the 2008 PAL Nationals held in Hampton, Virginia on June 23 - 29, 2008. The PAL Program emphasizes the importance of keeping kids off the streets and away from gangs while participating in constructive and positive programs. The program continues to promote, encourage and motivate youth who are striving to make positive life choices. Because of PALS dedication to children, the program continues to produce successful high school and college athletes, professional football players, and mentors who make a difference in the lives of youth. The Boynton Beach PAL Organization has committed to sending three teams to the Nationals. This includes; (36) players, (6) coaches and (2) police officers. We have estimated the trip to cost ($22,780) which will cover the following expenses: A. Transportation (44 people) totaling $10,000 B. Hotel $1,500 per night (6 nights) totaling $9,000 C. Food $15.00 per person (6 days) totaling $3,780 The PAL Organization has already raised $10,000 through fundraisers and donations to help defray trip expenses. To send three teams PAL is in need of an additional $12,780 to cover the total trip expenses to Hampton Virginia. Therefore, we are in need of your support. Please help us to meet our financial goal of sending our three teams to the PAL Nationals. Playing in the Nationals will create a lifetime of memories that will contribute to great future outcomes. Thanks in advance for your support of the PAL Program. Thank you, J '71/4 ,~-- Bill Tome, Boynton Beach Police Athletic League Director CC: Matt Immler, Police Chief Lt. Kelly Harris Sgt. Frank Danysh EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 2, 2008 Requested by Mayor/Commissioner: Vice Mayor Rodriguez Amount Requested: $1,000.00 RecipientlPayee: Boynton Beach Police Athletic League Description of project, program, or activity to be funded: Allocation of funds will help the PAL defray costs of sending three Basketball teams to the Nationals held in Hampton, Virginia on June 23 - 29, 2008. Dated: ...5/ ~ I ~ By: ~ ~ wvL,./..-- Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $250 has been used to date by the requesting Member, leaving a balance of available funds of $9,750. This request would bring the available amount down to $8,750. Accordingly: .JZf There are funds available as requested 0 There are insufficient funds available as requested. Dated: __f/S/o<{ By: .-6~ Finan Dl ctor Part 111- Eligibility Evaluation (to be completed by City Manager) if The proposed expenditure of funds will not result in improvement to private property; 12f The recipient/payee provides services within the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and Q-'" Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: 5-IO-Ob By: ~2= City Manager \ S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc VI-CONSENT AGENDA ITEM l. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 15,2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6. 2008 April 14, 2008 (Noon) o July I, 2008 June 16, 2008 (Noon) ~ May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30,2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM ~ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Authorize the use of$750 from Vice Mayor Rodriguez's Community Investment Fund to help defray the cost of the annual Health Fair & Pre-Back to School Bash at the Beacon Center at Forest Park Elementary School. EXPLANATION: Commission approval is requested for allocation of$750 to help defray the cost of200 Backpacks with school supplies and provide immunizations to children in need residing in Boynton Beach Communities at the annual Health Fair & Pre-Back to School Bash, Saturday, June 28, 2008. PROGRAM IMPACT: Allocation of funds will help defray cost for the above program. FISCAL IMP ACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. ~ Department Head's Signature City Manager's Signature Assistant to City Manager Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC 4$ ~'~.'\.'" :t~~~. . 'i::, ~~~ ~1MINtIliHI' --- Kl'1OIIBir _~ Aprill7,2008 City of Boynton Beach Board of Commissioners Att: Vice Mayor Rodriguez, District lIT lOO E. Boynton Beach Blvd, Boynton Beach., FL 33435 Dear Vice Mayor Rodriguez,. r am writing to request your assistance as a spoosor for the Beacoo Cent:CI' at Forest Park Elementary officially located at 1201 S.W. Third Street in Boynton Beach. We are preparing to host our annua..I Health Fair & Pre-Back To School Bash Event fOT Boynton Beach Community residents. Our goals are to provide immuni2:ations and issue 200 Backpacks with school supplies to children in need The event is scheduled to take place Satmday, June 28, 2008 from 10am- 2:00pm. This year we have made arrangements with Radio Disney to provide exposure for the event, and Beacon semces. Please consider a contribution in any amount Dun your discrc:tiooary fimds. Our goal is mise $6,000. Any contribution from your office would be appreciated. Checks should be made out to Housing Partnership, Inc. fuT Forest Pari:: Beacon Center (Health Fair Sponsorship). I am available to speak to you at your COIIVeoience at 561-255-6043. Thank you. in advance for your support. ~ Terri Ferguson, MS Program Director Beacon Center at Forest Park @f . 1\1 E '-~{\:' -6l- ~=~~;L::::,~P ;;rc~'l::.i:" ("'((NO> . ,I.. ~'I/I":.> o:.J,.:.,""', 10/18 39\1d NOOJ/..l 0t>096L2:T9S a:OT 8002:/2:0/S0 EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: May 2, 2008 Requested by Mayor/Commissioner: Vice Mayor Rodriguez Amount Requested: $750.00 Recipient/Payee: Beacon Center at Forest Park Elementary Description of project, program, or activity to be funded: Allocation of funds will be used to defray the cost of 200 Backpacks with school supplies and provide immunizations to children in need residing in Boynton Beach Communities at the annual Health Fair & Pre-Back to School Bash, Saturday, June 28, 2008. Dated: .S l:)/ (8 By: /~--- {d~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $1,250 has been used to date by the requesting Member, leaving a balance of available funds of $8,750. This request would bring the available amount down to $8,000. AcCordingl~ There are funds available as requested 0 There are insufficient funds available as requested. Dated: \..) ) S ) () 7J By: 4~ Finan / ctor Part 111- Eligibility Evaluation (to be completed by City Manager) o The proposed expenditure of funds will not result in improvement to private property; I!:(' The recipient/payee provides services within the City of Boynton Beach; 0 The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ~ Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: s- I 0 - 0 G By: J/wfZ~ City Manager S:\City Mgr\Administration\MAYORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o Apri]] 5, 2008 March 3], 2008 (Noon) o June] 7,2008 June 2, 2008 (Noon) 0 May 6, 2008 April ]4,2008 (Noon) o July], 2008 June 16,2008 (Noon) cgj May 20, 2008 May 5, 2008 (Noon) o Ju]y ]5,2008 June 30, 2008 (Noon) o June 3, 2008 May] 9,2008 (Noon) o August 5, 2008 July ]4,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business cgj Public Hearing 0 RECOMMENDATION: Please place this request on the May 20, 2008 City Commission Agenda under Public Hearing. The Planning & Development Board on April 22, 2008, recommended that the request be approved, with the additional conditions that the north and south ends of the building be modified with hip roofs and the palm trees proposed at the north end of the lot be replaced with live oak trees. For further details pertaining to this request, see attached Department Memorandum No. 08-004. EXPLANATION: PROJECT: Safe & Secure Phase III (MSPM 08-001) AGENT: Robert Basehart, Pugliese Company OWNERS: Boynton Properties, LLC LOCATION: 3010 South Congress Avenue DESCRIPTION: Request for Major Site Plan Modification approval for the addition of a separate 7,953 square f09t, storage building to a 3.39-acre site currently improved with a 95,588 square foot self-sOOJ;age~=i facility and 4,575 square foot automotive car wash, all zoned M-l, Industrial. C_".J _c --~1 .... -':1 - ....-) r.....) -- PROGRAM IMP ACT: ., FISCAL IMP ACT: ALTERNATIVES: i~ -- f_ .. ..-"'I- ( ."" Develop City Manager's Signature Assistant to City Manager ~ 2~cJ? L/ Planning and Zoning ~or City Attorney / Finance S:\Planning\SHARED\ WP\PROJECTS\Safe & Secure Self Storage\MSPM 08-001 \Agenda Item Request Safe & Secure Ph III MSPM 08-001 5-20-08.doc S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-004 STAFF REPORT TO: Chair and Members Planning and D,eve~1/nt Board THRU: Michael Rumpf lJ,y, Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: April 7, 2008 PROJECT NAME/NO: Safe & Secure Storage Phase III MSPM 08 - 001 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner/Applicant: Boynton Properties, LLC Agent: Robert Basehart, The Pugliese Company Location: 3010 South Congress Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Industrial (I) / (M-1) Industrial Proposed Land Use/Zoning: No change proposed Proposed Use: Request for major site plan modification approval for the addition of a separate 7,953 square foot storage building to a 3.39 acre site currently improved with a 95,588 square foot self storage facility and 4,575 square foot automatic carwash, all zoned M-l, Industrial. Acreage: 0.81 acres (3.39 acres total) Adjacent Uses: North: Undeveloped industrial property zoned Industrial (M-l), then farther north is right- of-way for the LWDD L-28 canal, and farther north is a residential subdivision (Golfview Harbour); South: Developed Phase I of the Safe & Secure Storage project zoned Industrial (M-l), then farther south is right-of-way for Southwest 30th Avenue, and farther south is developed industrial property (Tire Kingdom), zoned Industrial (M-l); East: Developed industrial property (office / warehouses), zoned Industrial (M-l); and Staff Report - Safe & Secure Storage Phase III (MSPM 08-001) Memorandum No PZ 08-004 Page 2 West: Developed industrial property (carwash), and right-of-way for Congress Avenue, then farther west is commercial property (Manor Care ACLF), zoned Community Commercial (C-3). Project size: The project consists of the construction of a separate 7,953 square foot building addition to the northeast of the existing 95,588 square foot self storage facility, on a 0.81 acre portion of the total 3.39 acre site. Site Characteristic: The subject parcel is a rectangular piece of land approximately 252 feet long and approximately 138 feet deep. This parcel is part of a larger tract with approximately 497 feet of frontage on Congress Avenue and 257 feet of frontage on Southwest 30th Avenue. The southern portion of the tract is improved with the previously approved 95,588 square foot Phase I Safe & Secure Storage building, landscaping and parking, while the western portion fronting on Congress Avenue is improved with a carwash. The survey also shows that a 50-foot wide drainage easement currently runs along the eastern portion of the site. This portion of the property cannot be improved and must be maintained strictly as pervious area. BACKGROUND Proposal: Boynton Properties, LLC proposes to construct a 7,953 square foot separate building addition (Phase III) to the 95,588 square foot self storage facility. The first Phase was approved for the three (3) story limited-access self storage building at the south end of the parcel in 2003. Phase II, the carwash facility on the west side of the parcel, was approved in 2005. A Community Design Plan Appeal (CDPA 08- 001) is being submitted in conjunction with this Major Site Plan Modification application, due to the overhead rollup doors facing Congress Avenue. ANALYSIS Concurrency: Traffic: A traffic concurrency approval letter has been received from Palm Beach County Traffic Engineering, with a build-out date of 2011. The traffic study indicates that the proposed project would generate 15 additional A.M. peak hour trips and 25 additional P.M. peak hour trips. Utilities: The Utilities Department indicates there would be no impacts to their operations associated with this request. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information for the subject property to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review (see Exhibit "c" - Conditions of Approval). School: This project is exempt from the school concurrency requirements of Palm Beach County. Staff Report - Safe & Secure Storage Phase III (MSPM 08-001) Memorandum No PZ 08-004 Page 3 Driveways: The subject project would have access through existing driveway connections on both Congress Avenue (immediately north of the carwash) and SW 30th Avenue (on the east side of the existing storage facility), Parking Facility: Parking required for this type of facility is based on one (1) parking space per 75 storage units. The Phase I building was approved with 21 parking spaces, or four (4) more than the 17 parking spaces required. The 17 spaces were based upon 721 storage units, which would require 10 spaces, 5 spaces for the accessory office, and 2 spaces for security, Since the proposed addition is tied to the Phase I business through a unity of ownership document, and the additional units do not trigger the requirement for any additional parking spaces, none are provided on the Phase III parcel. However, since there are four( 4) excess parking spaces in the original approval, the applicant has designated the four (4) spaces immediately adjacent to the proposed new building for parking by those utilizing the new units, Pedestrian/Handicap access is provided from the parking spaces to the new units, Traffic circulation is provided to each of the users within the parcel through cross- access easements. Additionally, the applicant is providing two large loading spaces (12' X 45') immediately in front of, and parallel to, the overhead bay doors. Landscaping: The proposed pervious or "green" area specifically associated with the building addition would be 18,249 square feet or 51.80%, while the entire parcel would be 43.41 % pervious. However, the majority of the pervious area for all three phases of the project would be the 60-foot wide drainage easement that runs along the east portion of the entire property. The landscape plan plant list (Sheet L-1) proposes ten (10) Sabal palm trees, one (1) Live Oak tree and one (1) Purple Glory tree, The Purple Glory tree would be installed at 6 feet in height and counted as "shrubs, groundcover, and accents", Also, Croton, Fire bush, Fakahatchee Grass and Redtip Cocoplum would be installed at the perimeter of the building, The percentage of native trees would be 99%, while the shrubs would be 63% native, The applicant proposes to relocate seven (7) Buttonwood trees to the landscape island to the west of the new storage building, to assist with the screening of the overhead bay doors from Congress Avenue. Staff has also recommended a condition of approval for the applicant to provide additional landscape materials in the range of six (6) to eight (8) feet in height, to better enhance the north side of the building facing residential structures across the L-28 Canal (see Exhibit "C"). Building and Site: Building and site regulations will be fully met when staff comments are incorporated into the permit drawings. As noted above, this is the third phase of the project, and is located to the north of the three (3) story limited access self storage building constructed in Phase I and to the east of the carwash facility constructed in Phase II and fronting on Congress Avenue. The Phase III storage facility is designed to accommodate an additional 16 storage units, with the largest individual bays being 450 square feet in size. Design: The colors and finishes of the proposed building are designed to mirror those of the existing Safe & Secure Storage structure. All wall colors would be varying shades of beige. For all intents and purposes, the beiges are described as dark beige, beige, and light beige, The main wall color would be beige (Sherwin Williams "Kilim Staff Report - Safe & Secure Storage Phase III (MSPM 08-001) Memorandum No PZ 08-004 Page 4 Beige" - SW# 6106). The secondary wall color would be dark beige (Sherwin Williams "Sand Trap" - SW# 6066). The parapets and accents would be light beige (Sherwin Williams "Divine White" - SW# 6105). The roof material would be blue-green (Patina Green) standing seam metal. The overhead rollup doors and side swing doors will be painted to match the adjacent wall to better disguise them from being so visible from a major thoroughfare (Congress Avenue) and comply with the condition of approval associated with the Community Design Plan Appeal (CDPA 08-001). According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, Congress Avenue is listed as a roadway where building elevations shall not display overhead bay doors, due to the high degree of visibility of that roadway corridor. The applicant has worked with staff to minimize the visibility of the overhead bay doors through a redesign of the fac;:ade from the original submittal. The six bay doors in the center of the fac;:ade have been recessed 12 feet from the remainder of the west fac;:ade and the area has been fitted with a roof covering for a depth of 8 feet, to better conceal the doors. Additionally, the redesign has rotated two of the overhead doors internal to this covered area, where they no longer face Congress Avenue. Signage: Since the project is simply an addition to the existing Safe & Secure storage business, no additional signage is proposed. Public Art: The applicant is required to demonstrate compliance with the newly adopted requirement for developments to provide public art work (see Exhibit "C" - Conditions of Approval). The applicant has indicated that, due to the small size of the Phase III parcel, they would prefer to pay into the art fund as opposed to locating the art on site. RECOMMENDATION: The Technical Application Review Team (TART) has reviewed this request for major site plan modification approval. Staff recommends approval, contingent upon all comments indicated in Exhibit"C" - Conditions of Approval, including approval of the corresponding community design plan appeal (CDPA 08-001). Staff recommends that the deficiencies identified in this exhibit be corrected on the set of plans submitted for building permit. Also, any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Safe & Secure\MSPM OB-001\Staff Report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Safe & Secure Self Storage Phase III APPLICANT'S AGENT: Robert Basehart - Pugliese Company APPLICANT'S ADDRESS: 101 Pugliese's Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20,2008 TYPE OF RELIEF SOUGHT: Request for major site plan modification approval for the addition of a separate 7,953 square foot storage building to a 3.39 acre site currently improved with a 95,588 square foot self storage facility and 4,575 square foot automatic carwash, all zoned M-l, Industrial. LOCATION OF PROPERTY: 3010 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. 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I .,~j ..__mJ__'" e. ~ > ';r.l rn !b> )j te; ~ ~ I~ ~~ ~~; ~ '", r'..1 _, -\,._ . "j':' e ~ ~ ~ ~ fiiiiiiiiiil "'M___ I . ,ii" J..o (~~-~:it r'n 1:Jl (~~ (.,i . :f~ Q.- ~:::':I iB' l lJ;> I ~n ~ !~ .:.! t-- L (l' I':,P. lfJ r:J '" ~ ~> ~ ~ i _ J '" f ~! Ii:: i ~ f;! ~ ~) Jl :n m E~ Q j~ fJ Q ; 5 ~ E ~ ! j Ire EXHIBIT B ,~ I ~ I ~ ~ i==:J I ~-- ;IJ I " () f11 m ~ <: r I ;.> r- . , I " f11 I ~ " II II I I ;~ ;:;.~ ,," ~ I I .'.' . Eg .Id . I; ! 1..1 .1, I b alii ~ ,~ i ~ I !. . ~ I :1 " :II - IE I qi 0' I I ,& j ~~ "~I ~ ~ I: . n e ~ ~ . e --------3 ~ !! ~e B I L (') II ~ I 0 I..IS I- <: I II Iii 1;- I .; a I Gl .". " · Iii III il I ~p E' ;0 · Ii ~ rn -. CIl Il~ i CIl ~ ~ :t- " ';tJ ~, rn <: c: rn I. I IIIII IIII I Ii I I! II~ , I I ji i~il 111"l'lilI' I I I :11 Ii~ i,,'PIiJllI 'lIIUI I i I n Ii .; i · i i i i I;; II I I II! 1 "t" Ii 'J It IgD'1 .. "II '!III ' " , J ~ ill ~\Iki"'" ~ 1!Ii ~dD !Wi !t-lill Ii I..llq ~ -'!$ lj 1! n !all ;JI'klf ip, In I I II ~U~!III~II~ Ill" I ~ ~ ~ i'I'r.t!fi~ 11 ']fl ~ i. 'I iP~ &11 It" m'd 'lid !V I I I Ie; ~'M~IU;I I! ~ ~ lilt 11 I!f 1I1i It . dt t,!If 1'" i P. I ~ I & Illl(l (l! ~lil tl~l ~ J f r 1~ ~ l(l ~ I I P m ~ JI~JIi ilk Hfp. 9 d i { I II I I ~ Lr1 fpl ~ pit I ~'l' ; Il ~~I! i l i .~ ~ ~EB r ~ ~ ;~ lafi 51 ~~ Q-'...! ~ in ~n ~ lldl i II~ & ni, II mI. EXHIBIT "e" Conditions of Approval Project name: Safe & Secure Self Storage Phase ill File number: MSPM 08-001 Reference: 2nd review plans identified as a Major Site Plan Modification with an April I, 2008 Planning and Zomng date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: 1. Palm Beach County Health Department permits may be required for the X water and sewer systems serving this project (CODE, Section 26-12). The plan depicts a one-inch fire line, which staff notes as inadequate. Please correct at time of permitting. 2. Fire flow calculations will be required demonstrating the City Code X requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article N, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-16(b)). 3. The CODE, Section 26-34(E) requires that a capacity reservation fee be X paid for this project either upon the request for the Department's signature on the Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 4. A building permit for this project shall not be issued until this Department X has approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. FIRE Comments: None X Conditions of Approval 2 I DEP ARTMENTS I INCLUDE I REJECT I POLICE Comments: None X ENGINEERING DIVISION Comments: ----- 5. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Application I Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 6. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 will be required at the time of permitting. BUILDING DIVISION Comments: -------- 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. I -- 8. As required by LDR, Chapter 4, Section 7, submit a floor plan drawing. The X building plans are not being reviewed for compliance with the applicable building codes. Therefore, add the words "Floor plan layout is conceptual" below the drawing titled Floor Plan found on sheet/s A -1. However, add to the floor space drawing a labeled symbol that identifies the location of the handicap-accessible entrance door/s to the building. The location of the door/s shall match the location of the accessible entrance door/s that is depicted on the site plan drawing. ----- 9. Add a labeled symbol to the site plan drawing that represents and delineates X the path of travel for the accessible route that is required between the accessible parking space/s and the accessible entrance door/s to the building. The installed symbol, required along the path, shall start at the accessible parking space/s and terminate at the accessible entrance door/s to the building. The symbol shall represent the location of the path of travel, not the location of the detectable warning or other pavement markings. The location of the accessible path shall not compel the user to travel in a drive/lane area that is located behind the parked vehicles. Identify on the plan the width of the accessible route. (Note: The minimum clear width of an accessible route shall be 36 inches, except at curb ramps that are part of a required means of egress shall not be less than 44 inches). Add text to the drawing that would indicate that the symbol represents the accessible route and the route is designed in compliance with 2004 FBC, Section 11-4-3 (Accessible Route) and 11-4.6 (Parking and Passenger Loading Zones). Please note that at time of permit review, the applicant shall provide detailed documentation on the plans that will verify that the accessible route is in I DEPARTMENTS I INCLUDE I REJECT I compliance with the regulations specified in the 2004 FBC. This documentation shall include, but not be limited to, providing finish grade elevations along the path of travel. Clearly depict five (5) foot access aisle adjacent to handicap parking space. 10. If an accessible route has less than 60 inches clear width, then passing X spaces at least 60 inches by 60 inches shall be located at reasonable intervals not to exceed 200 feet. A "T" -intersection of two corridors or walks is an acceptable passing place. 2004 FBC, Section 11-4.3.4. 11. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of building permit application, F.S. 373.216. 12. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: A) The full name of the project as it appears on the Development Order and the Commission-approved site plan. B) The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 13. At time of permit review, submit separate surveys of each lot, parcel, or X tract. For purposes of setting up property and ownership in the City computer, provide a copy of the recorded deed for each lot, parcel or tract. 14. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 15. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City of Boynton Beach Department of Engineering, the City's GIS Division, and the Palm Beach County Emergency 911. A) Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach, Florida (Sean McDonald--561- 233-5013). B) United States Post Office, Boynton Beach (Michelle Bullard-56 1-734- 0872) PARKS AND RECREATION Comments: 16. Irrigation must be from a non-potable water source, include bubblers on all X trees, have 110% coverage and be low flow irrigation. Conditions of Approval 4 I DEP ARTMENTS I INCLUDE I REJECT I FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: ----- 17. All equipment located on the building shall be painted to match the X building. At time of permit, place note on the plans. I ---- 18. The applicant shall provide an executed and recorded "unity of control" X document" for all of Parcel "A" prior to the issuance of the first permit. -------- 19. No additional signage will be permitted in conjunction with this project X expansion. ---- 20. Staff recommends the placement of taller landscape material, between six X (6) and eight (8) feet in height, along the north building fayade, to better screen the blank wall from residential properties to the north. ---- 21. As the property line appears to divide the planter island west of the X I proposed building, the applicant acknowledges acceptance of responsibility for the maintenance of the landscaping and irrigation in this area. ----- 22. As noted in the original Site Plan approval, the use of the self-storage X facility shall be limited to Chapter 2, Section O.1.c of the Land Development Regulations. The storage bays shall not be used to manufacture, fabricate or process service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity on the site (Chapter 2, Section O.1.c.). -----..--- 23. As noted in the original Site Plan approval, no vehicle or boat maintenance, X or repair shall be permitted on-site (Chapter 2, Section 0.1.). --- 24. Hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. seven days a X week (Chapter 2, Section 0.2.e). ------ 25. It is the applicants' responsibility to ensure that the MSPM is publicly X I I advertised in accordance with Ordinance 04-007. I --------- 26. The applicant is responsible for compliance with Ordinance 05-060, the X "Art in Public Places" program. 27. The approval of the Major Site Plan Modification shall be subject to the X approval of the Community Design Plan Appeal (CDP A 08-00 I). ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 28. Modify the roof at the north and south end of the building to hip roof style. X 29. Replace the proposed palm trees at the north end of the lot with live oak X \ I trees. I DEP ARTMENTS I INCLUDE I REJECT I ADDITIONAL CITY COMMISSION CONDITIONS Comments: To Be Determined. S :\Planning\SHARED\ WP\PROJECTS\Safe & Secure Self Storage\MSPM 08-00 I \COA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Jeff Wolff, President, Wolff & Company, Inc., and owner of Boynton Vistas, con=d with all the conditions of approval. He noted the existing buildings were fully oc pied and as such, there was a need for the project. Additionally, in order to accoll)fl1odate requests of Section 8 Housing and Affordable Housing, he included three-bedrO'om, and three-bath units in the mix. Board discussion ensued, Highlights included: j , ,/ . The floor ~Ian was not good, as the bedr~oms w~r~ ,.I~!~~~han they .needed to be (especially the master bedroom), while the IIvlngjDom and dining rooms should be larger. it ," / . The plan was consistent with today's market, arfd the kitchen and bedrooms were the most important features. / .' , Mr. Wolff noted, in dealing with handicap..i~ he..~~s requested 't;?,!f11odify the bathrooms, which reduced the size of the Iivi[,.~i}~r~mijiii\'epresentatives of companies with which he dealt believed It \t\I~s mor~/ Imp>~rP:~rlt for IndIVIduals to be able to navigate more easily in the bedro@1I115ittharl in the::Ii~ing rooms. Mr. Wolff advised all units in the develo~ment we~e r.er1t~)~~~~ffi;11l\~hiS opfMi~~:,; were very marke~able. He was pr~pared ~o ,bUild the units Imm)!~!pteIY;'.~R~fil!,~ppro'V';~tlJ? He added funding should be available within the next 30 days. 'qrn~ POIn~~~lif?~I~ilt~e 'floor plans for the proposed units were consistent yYri,thntme or plan?, o~ttie' eXistiimglbuildings, and the proposed ; , 'It'>' ;", ; <Hi' ., ". '"; ,,; TY" " ; units would be up,~~~etr' ti!.:~Wtrovide n~fn~cane shutfe'rs. He reiterated Section 8 Housing would bepnovided ursuant to the1ma.ir Housing Act. Board discussion ensu . Highlights included: . As the uni .inexistingbuildings were fully occupied, the need existed for the develop~nt. ecessity for th~provision of Section 8 Housing was noted. . Lis moved to approve, with all conditions of approval as noted. Mr. Saberson econded the motion that passed 5-1 (Mr. Myatt dissenting). Mr. Barnes arrived at 7:05 p.m. Ed Breese, Principal Planner, requested Items 7.C1., Safe & Secure Phase III, Major Site Plan Modification, and 7.C2., Safe & Secure Phase III, Community Design Plan Appeal, be addressed simultaneously for presentation and voted on individually. The board had no objection to the request. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 200S C. Safe &. Secure Phase III Maior Site Plan Modification 1. PROJEcr: Safe &. Secure Phase III (MSPM OS-OOl) AGENT: Robert Basehart, Pugliese Company OWNER: Boynton Properties, LL~) LOCATION: 3010 South Congres;sq.fi~enue DESCRIPTION: Request for Majo~lfflti~!Plan Modification approval for theia"'iitjon of a separate "1Il'H";! II, 7,953 squar~[p,~t s lam~ building to a . , '1ffi!! ii! !l h . 3.9-acre S!~!' . rrently IITn~~pved With a 95,588,~~Ualre foot self-st~ffime facility and 4,57:~1~~ltJare footautomotiVE!ld~G,wash, all zoneHilM-1, Industiilal. !iljH!!, , , ;; ',: ~ i ; ; , }. Safe &. Secure Phase III iji1 Community DesiQIl'PlanADDeal 2. PROJEcr: !:n::~~f~'18tcSE!cure:~ijase III (CDPA OS-OOl) ;:;: '; , :' j i ' ; ;11) 1 ;~ : ;'f f ;: t ;; '. AGENT:, if Robert Basemart, Pl:tgllese Company qH"' ,d$}TH-;;,:\P"'If;{-, ' OVM~)tlfflHn!i . ,! ~~~~~~r; Propetjtifts, LLC ,~R>.~TIO~niJ! 3~~~!:South Congress Avenue , IDESCRIPTIO~: Re~lbest for approval of a Community Design . ;i!lijlj: )11; '. p'aMlmHpea, to allow ov~rhea~ bay. door~ to '!ildl!:" d(:III1IHliliIIUlnfftfift'1~~gress Av~nue,. In conJunctl.on ~Ith an HUlin,), inWi!lllP"i;'1inap~~~t'on for Major Site Plan Modification '''Wiw!,'lHhlk (MSPM 08-001). H,i' '\ii!j!lil;, qqlllllli, Mr. Bheese advised the pran for Phase III consisted of the addition of a separate 7,953 ; '-:d~~: '({Hi, .it~' square fqqthstorage buildi09tto the '95,583 square foot Phase I storage facility, and the Phase II Cariwash, which W~s approved originally as Rapido Rabbit The project would 'i::;;";I:'__{;;'j,' have accessfor)!\,CongresSi'Avenue through a curb cut to the north of the existing 'iij. 'He:,.' carwash, and fdi>m:th~sp'uth on the east side of the Phase I self-storage facility. The parking for the faqi~j~;W\Nould consist of four excess parking spaces from Phase I, designated for the pHase III building. The Phase III building would receive the same architectural treatments as the Phase I building, including beige walls, with the Patina Green standing seam metal roof. The Community Design Plan Appeal was requested in conjunction with the Major Site Plan Modification request. The applicant has proposed to paint the overhead bay doors and the side-swinging doors to match the color of the walls. He believed the applicant was to be commended for working diligently with staff to make the doors less 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 noticeable. The bay doors were recessed 12 feet from the west wall of the building and the area was fitted with a roof covering to conceal the doors as much as possible. The bays were being rotated to face the internal courtyard, thereby reducing the number of bays facing Congress Avenue. The applicant was landscaping ~ areas between Congress Avenue and the point of the building, including the median, the perimeter landscape buffer of the carwash and the entry drive off Congress Avenue. Staff required a great deal of landscaping at the exit of the tunnel of the carwash to block the internal views into the carwash, which also provided a greatdeal of buffering to the applicant's project. The applicant was also doubling the amotil~bof landscaping on the island between the carwash and the Phase III bUiI9ingl):' As such, staff was recommending approval of the Major Site Plan Modificati~mw~~ well as the Community Design Plan Appeal. The Major Site Plan Modifjcatio'nHcontain~pconditions, while the Community Design Plan Appeal did not, basedq>p the mitiga~iqr provided by the applicant. Mr. Breese believed the applicant designed the best possible plan for the site. Bob Basehart, Executive Vice President, pJ~~~ie,~~ CR~R~ny, noted the Safe & Secure facility was a three-story, 95,588 square footll~iteijl;l:access self-storage facility. All access to the original bays was fron1iVr~thin the int~:rtIBhiof the building. Phase III of the ,,; i' ; "_' ,~' ~{ .:' J'- '.. .. ! 'J : f f ,Ii project consisted of a 7,953 squar~lr0ot,:dWI~-storyb~lIqiing with nine limited access units and eight general access unit~l;with'l'a:hlio}"l~rhead'tldor. Two of the units have .1 } .. ~j ;,' ' !: ^_ '1 :; ':;~;;: : ' . ': ': ; been turned inward and only six doorp;/aced;ttU:l>frprtofbhe building. The building would provide storagespas~s larger thaJH:~hqRe:;in thetli'r;nited access building and would accommodate storageifor eq4lijD,ment, small;. boats, jet skis and collector cars. The facility would be enclpsed andttn~re wouldnb~no outside storage. Unlike repair shops, carwash and oil-chang~facilitieS;tthe doors tothe proposed facility would almost always be closed. This propos~d~tora.gErw~uld'lpro,~ide an opportunity currently lacking in the ,;;' _', . ,.'/.. ,,;. " _";.'" ' ., .;..: {.,.;" '}.; \' ;?" i " ,.. -,:; area. He believed all of the;oojectives 10fthe Community Design Plan Appeal had been met. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearingwqs closed. When the iSSu~,!()f heig~~,~f the facility arose, Mr. Basehart explained the height was necessary in orq~n:t9.}:~c!commodate rack systems for use in storing collector cars. There would be n()i!~ci#'king in the front recessed area containing the roof overhang. The equipment woulc(be located off the side of the building and would be completely screened with landscaping. Mr. Basehart suggested landscaping the area to the south. Mr. Breese noted at the time the property was sold and subdivided, it was the intent to utilize the strip for further development. When the property was purchased, it was intended that all three parcels would be utilized. The front site on Congress Avenue was purchased for the carwash, and the balance of the property remained with Mr. Pugliese's company. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida Apri I 22, 2008 Chair Jaskiewicz believed the proposed project constituted an overuse of the property. Mr. Basehart contended the total building coverage in the floor area was well within the limits required by the Code. In a carwash facility, a tremendous amount of land area was needed for lining up cars to be washed. A carwash also required more parking than a self-storage facility required. The applicant had need for only four spaces and was using the surplus spaces. Chair Jaskiewicz expressed concerns relating to the workspace area, visibility of the facility to residential areas, iJ;l?ufficient pervious area and lack of maintenance of the drainage easement. ~;;! .~ I( \'11: Mr. Basehart noted the applicant did not own the land.j~rmediately to the north which was zoned Industrial. Discussion ensued as to futu~~!;dfeveloffim~nt of the land. Mr. Breese advised staff would carefully review~~;li,future de~~I()pment to ensure compatibility. _x'. L',;;:' , ~. ; ;.. j ,<.\ ;ftH' , ii,'" , ;. , ,.....,-:'.,,, ..;......,... -"'.-',_.', It was suggested that a hip roof be installe~l~g the enqsn9f the buildim~~}!lWhiCh could soften the roof lines without the loss of voliillrne or,;,sqLHIre footage.!rUfr. Basehart ,}; i~!:;,qfHf: accepted the suggestion.' ,,<'ji ,-; , ,..., -, .. '>.-, '.' ': 'i } '. , .} Itf ....,: _~ :! ' .. ',' .. ' r ; :;j ! ! f:,: Discussion ensued with respect td;)ijneq~'e~ated drai'riag.~:area. It was reiterated the applicant did not own the land be~eenlq~ll~itr!jandqt~~,canal. A board member inquired whether, as part of the proce~Mh,it wa~l~~~li9HRI.ic~HWs responsibility, if positive outfall was sought, t~:~rf.l1ll~I'iI~~,ina~e 1i!~~~~~~:B~I~dVised it was not a condition ~f approval; . h?we~~frl!!tn~'1fn~~i!~nglneel1l~~!I'ralnage plan would be reViewed at the time of permitting. mill' , '11m 'nllL "1!Wlih,lllri1Wii; With regard to Conditi'dOli{t20',l4i)t~i~~~:if,r~~~ IWere suggested. Mr. Breese noted staffs intent with regard to Conditio,n #2Dwaslo;'place some kind of plant material six to eight feet in height.~ntweeq;me hedge height and the Palm Trees. Mr. Basehart accepted staffs recornrn~~datiori for an intermediate tree between the top canopy and the ground cover. Staff wasaRk~d whetherl~~lowances had been made for any other businesses along Congress AvenUE;, with regard to overhead garage doors facing the street. Mr. Breese ;;;,>'t 'Vi was uncertainVv;H~thenBtnl;S had been accomplished on Congress Avenue, but it had , ':'.,: ',;,t ! '~ ~ !; ~ ' , been accomplished~OliQther major thoroughfares. The Community Design Plan covered all the major thorougnfares within the City, and there had been a number of appeals approved over the years with certain mitigation. Motion Mr. Barnes moved to approve the Major Site Plan Modification with the conditions suggested during the meeting, and all of staffs conditions. Mr. Grcevic seconded the motion that passed 6-1 (Chair Jaskiewicz dissenting). 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Mr. Breese requested clarification as to the conditions suggested and was advised as follows: . A hip roof should be installed on the north and south sides to soften the end elevations. Staff would work with the applicant. . The height of the landscaping was to be increased, if sta.ff determined this was feasible. Motion f ',".':., ;"1 . . . . . :. Mr. Barnes moved approval of the Community Design,:~l;an APp:~~l'as presented. Mr. Lis seconded the motion that passed 6-1 (Chair Jaski~wjCz dissenting).::' 8. Other Chair Jaskiewicz reminded the board members of the Advisory Board Recognition Dinner to be held April 23, 2008. 9. Comments by members None 10. Adjournment There being no furtherIIR~siQ:~SS~RH~:jg:Uss, .~he meeting properly adjourned at 7:40 -' .... " ,:;'" i." ..... . }, ;' ::, i ~ '- I;' . "; .'. :: p.m. .' . "" . Stephanie D. Kahn Recording Secretary 043008 10 VIII.-PUBLIC HEARING ITEM B.' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D Apri115,2008 March31,2008 (Noon) D June17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) ~ May 20, 2008 May 5,2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business ~ Public Hearing D RECOMMENDATION: Please place this request on the May 20,2008 City Commission Agenda under Public Hearing. The Planning & Development Board on April 22, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-005. EXPLANATION: PROJECT: Safe & Secure Phase III (CDP A 08-001) AGENT: Robert Basehart, Pugliese Company OWNERS: Boynton Properties, LLC LOCATION: 3010 South Congress Avenue DESCRIPTION: Request for approval of a Community Design Plan Appeal to allow overhead bay doors to face. Congress Avenue, in conjunction with an application for Major Site Plan Modificatio~ _::~ (MSPM 08-001).:S.), ~ c ."1 . ~', r-..",") ~- PROGRAM IMPACT: N/A ~ -~ ,--. FISCAL IMPACT: N/A ~:~,.: ALTERNATIVES: N/A ~ ,'~ . . I 10.::- City Manager's Signature Assistant to City Manager ~ / Planning and Zo' irector City Attorney / Finance S:\Planning\SHARED\WP\PROJE TS\Safe & Secure SelfStorage\MSPM 08-001\CDPA 08-001\Agenda Item Request Safe & Secure Ph III CDPA 08-001 5-20-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-005 STAFF REPORT TO: Chair and Members Planning and Development Board ~. ()~ THRU: Michael Rumpf tf\..., . Planning and Zoning Director FROM: Ed Breese ~ Principal Planner DATE: April 10, 2008 PROJECT NAME/NO: Safe & Secure Storage Phase III CDPA 08-001 REQUEST: Appeal of Chapter 9 - Community Design Plan (Overhead Doors) NATURE OF REQUEST Mr. Bob Basehart, representing Boynton Properties, LLC, is requesting approval of a Community Design Plan Appeal to allow overhead bay doors to face Congress Avenue (see Exhibit "B" - Proposed Elevations). This appeal is being submitted in conjunction with a Major Site Plan Modification application (MSPM 08- 001 ). BACKGROUND The applicant proposes to construct a one-story, 7,953 square-foot self storage building on a 0.81-acre portion of the larger 3.39 acre parcel, located on the east side of Congress Avenue, just north of SW 30th Street (see Exhibit "A" - Location Map). This parcel is part of a larger tract containing the Phase I Safe & Secure Self Storage facility and the Phase II carwash business (originally approved as Rapido Rabbit Carwash). According to Chapter 9 - Community Design Plan of the City's Land Development Regulations, Congress Avenue is listed as a roadway where building elevations shall not display overhead bay doors. Due to their high degree of visibility, these major roadways within the City are subject to higher standards related to building appearance. ANAL YSIS The restriction of prohibiting the bay doors to face Congress Avenue is predicated on the concept that the roadway is very visible and overhead bay doors tend to be more unsightly than the typical architectural features on the front of office/commercial buildings normally abutting major roadways. Additionally, overhead bay doors, when left in an open position, reveal the contents of the interior as opposed to a uniform front fagade. When the Phase I Safe & Secure Self Storage facility was progressing through the review process, staff was careful to ensure the building would resemble, as much as possible, an office building. Since the building was designed as a limited-access self storage facility, meaning there is typically one building entrance, with access to individual storage bays from the interior, disguising the storage look of the building was considerably easier. The proposal for the Phase III building however, is for a multi- Page 2 Memorandum No. PZ 08-005 Safe & Secure Phase III CDPA 08-001 access structure, in which many of the storage bays have an overhead garage door to the exterior, increasing the difficulty in disguising the industrial/storage nature of the building visible from Congress Avenue. Congress Avenue, as well as the other roadways listed in Chapter 9, Section 11.J. of the Land Development Regulations, are considered entrances into the City and carry a considerable amount of daily traffic. Buildings located along these roadways should be held to a higher level of architectural standards. As part of the carwash approval, immediately to the west of the proposed self storage expansion, dense landscaping was required around the wash tunnel exit to assist in the screening of the intemal operations of the carwash. Additionally, landscaping was required along the entry drive off of Congress Avenue, to further screen the carwash from the residential properties to the north. The carwash building and associated landscape improvements will help in the screening of the proposed self storage facility addition. However, the combination of view corridors created by the entry drive and the parcel immediately north of the carwash being undeveloped, the overhead doors on the proposed building would be visible from southbound Congress Avenue without measures to decrease or screen them. Accordingly, the applicant has worked with staff and revised the plans from the original submittal, in an effort to lessen the attention to the overhead doors (see Sheet A -2). The applicant's revisions have minimized the visibility of the overhead bay doors through a redesign of the west fac;ade. The six bay doors in the center of the fac;ade have been recessed 12 feet from the remainder of the west fac;ade and the area has been fitted with a roof covering for a depth of 8 feet, to better conceal the doors. Additionally, the redesign has rotated two of the remaining overhead doors internal to this covered area, where they no longer face Congress Avenue. They have also proposed painting the overhead doors to blend with the color of the building. Finally, it is important to note that the bay doors will be approximately 330 feet from the Congress Avenue right-of-way The applicant, in the justification statement (see Exhibit "C"), reiterates that there are several layers of landscaping to assist in the mitigation of the overhead bay doors, as depicted on Sheet EL-1, the landscape cross-section drawing submitted as part of the plans and application. The drawings represents the different tiers of landscaping that will contribute to the screening of the project, beginning with the landscape median in Congress Avenue to help screen the visibility from southbound motorists. The next tier is the perimeter landscaping for the carwash and entry drive off of Congress Avenue, followed by the extensive landscaping required by the City at the exit of the carwash tunnel to help screen the internal components of that facility. Lastly, the applicant notes their effort of planting additional landscape material on the median landscape island separating the carwash property from the Phase III warehouse site. RECOMMENDA rlON Based on the analysis contained herein, staff recommends approval of this request to locate the overhead bay doors facing Congress Avenue, with the conditions of approval noted in Exhibit "0", Qiven the mitiaation measures undertaken by the applicant. Any additional conditions of approval recommended by the Board or City Commission will be placed in Exhibit "0" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Safe & Secure\CDPA OB-001\staff report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Safe & Secure Self Storage Phase III APPLICANT'S AGENT: Robert Basehart - Pugliese Company APPLICANT'S ADDRESS: 101 Pug1iese"s Way Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20,2008 TYPE OF RELIEF SOUGHT: Request for approval at a Community Design Plan Appeal to allow overhead bay doors facing Congress Avenue. LOCATION OF PROPERTY: 3010 S. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHAR~D\WP\PROJECTS\Safe & Secure Self Storage\MSPM 08-001\CDPA 08-001\DO.doc . I . SW 28TH AVE I.j -, ! 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If II; ,...l:-f f~'~ <<~ =-". ~1- q.~ ii'~fS:. lltl_l1' !~~, Ji.!I~ artu"i ~' :r~:~ ~6-~,:"tt -,.Q,q ~~Q. ~7i6. ;T\:<. ~~i~~ :r~-; :;~- ~",<l. ~!l";' ~~,~~~lI'.~"''iiii.~.... 1f1!....K~.'iHti~'j'.;: tr~ ~ii.t ~9.~~' ~.a:if:lt-i~~.~~~s.~"'t! s.~.;.~. i~if}b11tl.& '2:'1\ ~~ii ~~!j:l -1ii~g,[[;~M\l.~:i ~h ~ g..l'n!. ~,~ ~.n lHil' ~1l; hJ. ~n.l~H-i ~i.~ ~. n..~ ~~ '-.;:" .~lola; '__ ...'itli:"tT _'.j 0> .-_. n', '" ,,;qt!. ',~f ~.~ Rh ~\'Ui tru;;:~illj,~:~.!tt:":, ~\ill. := r.Il'~~.. ~': -., \:11 ll'''~ "I!. lLt ~1l ~ "': ~."' -~. :; ~ -. ~\U.2 ~'''.' ,~; ~~ .,........, ~!~2' ~il~ g.;1 a.oX g.~:,:: .. ~}~9 .~ ;~. ,lJ'"2. t:~. ~~: ",,- l<-ii-[ ~'H "e."-Jif<<~~li oli. .;..gj il I!~~~ ~~ . ~~~. ~~;~r Pi~&'~ ;~~I~~E.;.:;;~-;2' ~ ~~'1 ~ ~ff*,~~ itor. 1 ~l~l [Z!~ ~~'a ~ =~ C (Sit ~ ..,..~.ti'~ iii .it E ~ ~~t:~ iJ. ~ ~ It>;! ..., If,~II\"' ~ ~._.\ ~(.,f;.l;, (.- fr. <.1 .- z~-.. Iii' Jif'!_ }). ~,"N1 ~~.~: ~.s=. ~5~;~' t;.~ i' 7. ..~:; iya ,< "lj" 'itl'ii ~ ~ ;i e f." ,.<1 ~ ' ~_ .~.... ft: 11.. 1'1. Fj- ... r; .1; ~ - * ~~. .. ~ \p m rn li r~_,; :;;, ~~ , ~ fu; ~ I ; 'l~" ' ~ i Ii. " __' , :- "' '" Tn 1 '" iJ' := ~ \1IJl ~ --- - . i ~ ~ ~ r. EXHIBIT B ''\ i e: ~, ~ 11 , ~i' ':1' I ~ ." I . ~ '" ~I ii" I II (~~'V ~ ~:. :'1 I ' . .' ~" i I . I'i Z ~; It) . .., 0 (~~~. . (~1. ,,) . I' i I I~ .... ' I') ~~ 'J. I II I"i I ,. E 111I i 111I 1m II-- r I 0> 10> I I i III .." 1-1 1-1...; It) 111I III. I-- Ir Ir I -I. (0) 1111I I~ I o. gl (0) ) :~ I~ I'" ~.."IZ r,!i B ():( '5 0 ~ Iz z . (0) I (;') , leJ ~I' - . .. . I I q ~ I i ~ ii,' I: It) ,a <:;:. .. I I I @) 1- ~! i .' I II~ (: @ (~ ~ .'! c!) F. g (;) I iR!3aaft (0) '. r.) i ~ a # ~~"' ~5 (..J" , . R o~~. "~ .. <0> ~~~GiliiGi (."i I (~J @i i 1~ ~f !i mi ~'i illi ~U~ j i ~- ~p n"~~ I (e) (~) ~ , , ~ i g ; B .. pq~~i~ i I (:) 11~~i!!! l~ I) ~ f ~ :: ~ V'1 . I 8 i> ii,ii~~i 1 (.) I ~ i: ~ .i ~ ~ ~ I ! 211 il 2 2 @) I I i (Ii) I ; I i (~ .... ! II I I ,@ \~ 1 I I~ @ I . I:;' l'i I. l'i. (~-;> I I~ i " I. I ". ~ ~ . ~ ~ .. I .. -I g , ~ - I :/ .. = ~ ' /2 ") ~ I j' '''J .. . n ~ r.). .... r",) I F).:: <xV' \ , "'.. l~ I . " I '. ,. i : (0) . ~) c I' I n ") ~ ~ ~ !(S)JU' ,@ ~ ~ .,~ I ~' (,) ,~! 1 I . . .. 't ~ J. tl ~I'" ~I ~I A STO. RAGE BUILDING FOR. 1_. WINNINGHAm. BUNDY [, TICE s ~ , g c.:. ^ -- ^I' I~ c.,-'-U-- ."",.. ~ J> ~ ~ ii .;,.;..~= ..... '1..,-' _=r...-, 'l'"-::= . ARCHITECTS, P.A. ..:::;;:: I ~ SOUT.., CONGRESS AVENUE at S.W. 30tl-. AvENUE ,""'_.""_............._"'" I" ~ BO,NTON BEAC.., FL 3342"'.':l011 EXHIBIT C November 8, 2007 (revised April 1, 2008) City of Boynton Beach Planning & Zoning Department 100 E. Boynton Beach Boulevard P.O.Box310 Boynton Beach, Florida 33425 Attention: Edgar Breese, Principal Planner SUBJECT: COMMUNITY DESIGN PLAN APPEAL- PROHIBITION OF OVERHEAD DOORS FACING DESIGNATED ROAD"! A Y. Dear Mr. Breese: Please accept this letter as our request and justification for a Community Design Plan Appeal, to obtain relieffrom the provisions of Chapter 9, Section 11 (J)(1) ofthe City Code. Specifically this provision provides that on properties that are located on any specified public street (Congress A venue in this case), overhead doors shall not be located on facade(s) that face such street. We are filing this request based on our desire to cooperate with the City and in recognition ofthe intent of the provision in question, even though we believe that the subject project design does not technically violate this provision. The portion of the subject property on which the proposed phase 3 building will be located is located behind a .88 acre car wash site that is under different ownership and received its site plan approval independently. The car wash has been constructed and is in operation. Therefore, the subject phase 3 project has no frontage on Congress Avenue, and is actually located 155' west of that right-of-way. It is important to note that the City required heavy landscape buffering at both ends ofthe car wash building. to screen the view of the tunnel at both ends. This landscaping completely screens any view of the subject proposed building from Congress Avenue in the areas both north and south ofthe car wash building, and the car wash building itself prevents any view of the subject site. The applicant has taken several further steps to assure that the bay doors in the proposed building will not be seen from Congress A venue. The first mitigation measure is that the applicant will double the plant material located in the landscape buffer located at the rear ofthe car wash site. This buffer will serve as an actual third line of vegetative buffer, because there is a continuous landscape island that runs the full length of the car wash site, between their parking lot and staging lanes. Further. the proposed new building has been designed to place the overhead doors in a recessed area, to further reduce the potential of any exposure to Congress Avenue. The recess is 12' deep, 8' of which is covered with a canopy. All of these factors make the overhead doors invisible to traffic on Congress A venue that are traveling northbound, which is the near side of that roadway to the subject site. ConQ:ress Avenue has a landscaped median, which will provide an additional (4lh) lay';;r of buffering for motorists traveling southbound. Pugliese Corporate Cenre,' 101 Pugliese's Vvay , Suite 200 ' Delroy Sead:, Florida ' ~:::444 Tel 561 3307000' Fay 561 330 7ClOl Mr. Edgar Breese, Principal Planner City of Boynton Beach Boynton Beach Self Storage Phase 3 Community Design Plan Appeal November 8, 2007 (revised April 1 , 2008) Page 2. In summary, the applicant believes that the requested relief from the overhead door design criteria is justified because the objective of the Code to prevent the view of such doors from primary roadways within the City has been met, due to: 1) The proposed site for the phase 3 building is located 155' from Congress Avenue (the proposed building is over 180' from the road right-of-way). 2) There is an intervening building and 4 tiers of landscaping between the roadway and the proposed building. 3) The 4th tier oflandscaping has been doubled in plant material density. 4) The building has been designed to recess the overhead doors and place them under a canopy to further isolate them from potential exposure to Congress Avenue. We look forward to the processing ofthis request through the approval process. If there are any additional materials or qualification ofthe contents ofthis letter, please do not hesitate to contact me. Thank you in advance for your consideration of this matter. Very truly YOur~ ~~. \ R bert E. Basehart, AICP Executive Vice President EXHIBIT "D" Conditions of Approval Project name: Safe & Secure File number: CDP A 08-001 Reference: I DEPARTMENTS I INCLUDE I REJECT I I PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds Comments: None X PUBLIC WORKS- Traffic I Comments: None X UTILITIES , Comments: None X FIRE , Comments: None X I POLICE I I Comments: None X I i ENGINEERING DIVISION Comments: None X I BUILDING DIVISION ! I i Comments: None X I ! I PARKS AND RECREATION Comments: None X I FORESTER/ENVIRONMENT ALIST I Comments: None X I Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I I Comments: None PLANNING AND ZONING I I I X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: I 1. To be determined. I I I S:\Planning\SHAREDlWP\PROJECTS\Safe & Secure SelfStorage\MSPM 08-001\CDPA 08-001\COA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Jeff Wolff, President, Wolff & Company, Inc., and owner of Boynton Vistas, concur~e'd with all the conditions of approval. He noted the existing buildings were fully occwied and as such, there was a need for the project. Additionally, in order to accorllmodate requests of Section 8 Housing and Affordable Housing, he included three-bedroom, and three-bath units in the mix. Board discussion ensued. Highlights included: . The floor plan was not good, as the bedrooms werel~lrg~~1than they needed to be (especially the master bedroom), while the Iivin:~jiy6'om and dining rooms should be larger. ,~l . The plan was consistent with today's market, ~6'the kitchen and bedrooms were the most important features. ,/ " /" Mr. Wolff noted, in dealing with handicap :i~' hei:!~s requested :~Lmodify the bathrooms, which reduced the size of the liViI::,i,W~ft:~fiR.epresentativesof companies with which he dealt believed it vy~s more,.I1h1~~~~tit' for individuals to be able to navigate more easily in the bedro~JmShtha .in the'iliVlng rooms. Mr. Wolff advised all \1"P'\!'I'ij .' 'WI' units in the development were rent~~~J" ,m'\li.1} his oplf1I~p', were very marketable. He r: 1 f f ~_ _ ' \ 1 '- r :t ' in,!. , -, f ~ i 'I' I was prepared to build the units imm ",~atelyn4R~.ll approv;~I\;.He added funding should be available within the next 30 day. . 'iltht pOin.~*~H~~i~H\refi~or plans for the proposed units were consistent~fi,thH~In,~fI96r planIT.:?n~lnej eXlstlif;lgbuildings, and the proposed units would be uPiQr~pea;td1~ovide ~:~rrlicane shutters. He reiterated Section 8 Housing would be provided rslhant to theiFair Housing Act. Board discussion ensue Highli9lnts. included: . As the unit, nexisting buildings were fully occupied, the need existed for the develoP711t. . The&essity for th~provision of Section 8 Housing was noted. Mr Lis moved to approve, with all conditions of approval as noted. Mr. Saberson conded the motion that passed 5-1 (Mr. Myatt dissenting). Mr. Barnes arrived at 7:05 p.m. Ed Breese, Principal Planner, requested Items 7.C1., Safe & Secure Phase III, Major Site Plan Modification, and 7.C2., Safe & Secure Phase III, Community Design Plan Appeal, be addressed simultaneously for presentation and voted on individually. The board had no objection to the request. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 C. Safe & Secure Phase III Maior Site Plan Modification 1. PROJEcr: Safe & Secure Phase III (MSPM 08-001) AGENT: Robert Basehart, Pugliese Company OWNER: Boynton Properties, LL<:i. LOCATION: 3010 South CongresslAvenue DESCRIPTION: Jill'" Request for Majo~lffll.~enPlan Modification approval for the!atlWliltion of a separate 1!W1"'I\yH' 7,953 squarf1l~() t'st'r;a~~building to a I' li!I' PI q, 3.9-acre siteift:t1rrently im@'rpved with a 95,5881~qU~;re foot self-stMr~~,~ facility and . ,:, ~11_" 'k,dJ'o 4,5~5,ls<l!iuare foot automotivSlCqf:wash, all zorie~iM-l, Indystrjial. iiU Lilli( Safe & Secure Phase III Community DesianPlan Appeal " !':..: ' 2. PROJEcr: S~f~:}8t:Secur~:P~ase III (CDPA 08-001) t,' :, ,! :_;:! -_~ f :: _ '," ~ ! } , ":' , AGENT: ~obert ;easEemq[t, PUJgliese Company t : ".': ~ ,:: ,'* ;':. ...'t;" ~, _~ L OWI\JE~:ii,. Boyntorl1 :Prope!ties, LLC '}">li"::~~'-~'.'~~~, ::-"':;:,..':1,:;',,-' -"'I' LOmATtONtiTi 3ID31Q:1South Congress Avenue L:;-nh',{.H, 'p~jp, '\1~ESCRIPTIO~: Re~ffi~st for approval of a Community Design "Illni; ,nL . P1ar11ttiHpeal to allow overhead bay doors to .il1illL; ,iUmWl! H:q:f~c:!= ~rigress Avenue, in conjunction with an , ,; (' ;' : - .,' ~ .f';:::.:; ;' -~ ' . \ ;' [0; ! t i ;',' t ,1_ t .;:l~, It!,.... !inn;; 'ilIWlI!ii'!' ,:;;qnapw'pcation for Major Site Plan Modification :'lj!iiiqnp (MSPM 08 001) ":;. c:; \ ,<~';;, !: l} \ ":;: - . :,:;'r '!;lI!ilw; ":l:ll!!L Mr. BHe~~e advised the"p{~ofor Pij~se III consisted of the addition of a separate 7,953 squarefq~!i:~torage bUildin~!.to th{95,583 square foot Phase I storage facility, and the Phase II Canvv.C1sh, which Was approved originally as Rapido Rabbit. The project would have accessiODlicongre~!'Avenue through a curb cut to the north of the existing carwash, and fromth~S(}'l!Jth on the east side of the Phase I self-storage facility. The parking for the faqiltiry'would consist of four excess parking spaces from Phase I, designated for the Pnase III building. The Phase III building would receive the same architectural treatments as the Phase I building, including beige walls, with the Patina Green standing seam metal roof. The Community Design Plan Appeal was requested in conjunction with the Major Site Plan Modification request. The applicant has proposed to paint the overhead bay doors and the side-swinging doors to match the color of the walls. He believed the applicant was to be commended for working diligently with staff to make the doors less 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 noticeable. The bay doors were recessed 12 feet from the west wall of the building and the area was fitted with a roof covering to conceal the doors as much as possible. The bays were being rotated to face the internal courtyard, thereby reducing the number of bays facing Congress Avenue. The applicant was landscaping the areas between Congress Avenue and the point of the building, including the median, the perimeter landscape buffer of the carwash and the entry drive off Congress Avenue. Staff required a great deal of landscaping at the exit of the tunnel of the carwash to block the internal views into the carwash, which also provided a great peal of buffering to the applicant's project. The applicant was also doubling the amo~)~tof landscaping on the f ~lf;'j island between the carwash and the Phase III bUi,I:~mgi.F As such, staff was recommending approval of the Major Site Plan Modific~ti~miji~? well as the Community '1 ~; ~ <(; - - 1~ h Design Plan Appeal. The Major Site Plan Modificatic:n'l,icontaiqrr,J conditions, while the Community Design Plan Appeal did not, based.. pn the mitiga~i()n provided by the applicant. Mr. Breese believed the applicant designed the best 'possible plan for the site. Bob Basehart, Executive Vice President, pu~Ii~~~. C9~pMhy, noted the Safe & Secure facility was a three-story, 95,588 ~quare foot lil\l1:~t~haccess self-storage facility. All access to the original bays was froml!~~~nin the inte'rtlQniRf the building. Phase III of the project consisted of a 7,953 squar~lJoot~HQf)e-story!:frJ4i!qing with nine limited access i_~j~l" .-~,~jtt'~.':",_ ',:.~l": units and eight general access unit~l~ith a'nii9~IT:~head:m/~()~. Two of the units have been turned inward and only six dodr~ufacedth$!JfrCDt;1t of tfie building. The building would provide storagesPCltTI~ .I~rger thart\thOc~~iij:r1the~1la1ited access building and would accommodate stora,Ql:f!1!;far eq~iJD:ment, Sn;lCl1jl, ,boats, jet' skis and collector cars. The facility would be e~~l()sed and t~~re wouldil:m no outside storage. Unlike repair shops, carwash and oil-changefacilitiesj:the doors tOiithe proposed facility would almost always be closed. This proposep~torClg~W\lm~IRfprovijrlle an opportunity currently lacking in the area. He believed all of ~he:objectivesofthetommunity Design Plan Appeal had been met. Chair ~Clskiewicz opened,ithe publlO hearing. No one came forward, and the public hearingiWi:)S closed. . When the isscl~HOf heigh~IWf the facility arose, Mr. Basehart explained the height was necessary in 6r~~h:to:iaqcbmmodate rack systems for use in storing collector cars, p ~'; t': ;,' Ji"~ 11 f.~ ' There would be rioliw~rking in the front recessed area containing the roof overhang. The equipment would be located off the side of the building and would be completely screened with landscaping. Mr. Basehart suggested landscaping the area to the south. Mr. Breese noted at the time the property was sold and subdivided, it was the intent to utilize the strip for further development. When the property was purchased, it was intended that all three parcels would be utilized. The front site on Congress Avenue was purchased for the carwash, and the balance of the property remained with Mr. Pugliese's company. 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Chair Jaskiewicz believed the proposed project constituted an overuse of the property. Mr. Basehart contended the total building coverage in the floor area was well within the limits required by the Code. In a carwash facility, a tremendous amount of land area was needed for lining up cars to be washed. A carwash also required more parking than a self-storage facility required. The applicant had need for only four spaces and was using the surplus spaces. Chair Jaskiewicz expressed concerns relating to the workspace area, visibility of the facility to residential areas, in?ufficient pervious area and lack of maintenance of the drainage easement. ,,",".",' :,jH\' v',_ Mr. Basehart noted the applicant did not own the landi~:rm~diately to the north which was zoned Industrial. Discussion ensued as to future:,developrment of the land. Mr. ":',',::;I,";i' 'c-,;"." Breese advised staff would carefully review ,?U'future de~E!lqpment to ensure compatibility. " de:: ":i', , ". .': '~ ,...,.-. . ",',',; It was suggested that a hip roof be installedl~~~ the en9~:pf the bUildim~~~m'YhiCh could soften the roof lines without the loss of volume.ori\,~~l.JCke footage.'Mi-. Basehart accepted the suggestion. "': . ';;:'; " :," ":':::'::" .;J. - ; " " ~ i: :, ' 1 :', ; " .' ~ i- i.; ;! ~ Discussion ensued with respect t6qtm~!i~levqt.ed drainag~ area. It was reiterated the applicant did not own the land be~Tenjl!ti~IIRi~.!,andt~ij~jhcanal. A board member inquired whether, as pa~~: ~~~ proc~~!"itw~m~ilImaP'li~~tit5 responsibility, if positive outfall was sought, to Rfj~HI~~p~~aina~e !~(~~~'III;.~!'Bfee$mladvised it was n~t a condition of approval; howe~~~JI~netn~~h~nglneeHtflgh(jfralnage plan would be reViewed at the f'~;.t"l~'\iS"~'~, ~j';j:!" time of permitting.!!!!lP 'I!ill . :i!k iiill!iIL. 1m 'qWi: With regard to Conditfooi,.!20riui~~19~ffi'J"r~S'iwere suggested. Mr. Breese noted staff's intent with regard to COhditi.0n'#20was'td place some kind of plant material six to eight feet in heightgetweemtttle hedge height and the Palm Trees. Mr. Basehart accepted staff's recomm.~~daticmfor an intermediate tree between the top canopy and the ground cover. . '.'.', Staff was a~~rd whetherl~I,lowances had been made for any other businesses along Congress AVen~rj\with r7~p1:rd to overhead garage doors facing the street. Mr. Breese was uncertainvV:~~t.hendt~is had been accomplished on Congress Avenue, but it had ",,,,..:'1'<]"" been accomplisheofqf)lpther major thoroughfares. The Community Design Plan covered all the major thoroug1lfares within the City, and there had been a number of appeals approved over the years with certain mitigation. Motion Mr. Barnes moved to approve the Major Site Plan Modification with the conditions suggested during the meeting, and all of staff's conditions. Mr. Grcevic seconded the motion that passed 6-1 (Chair Jaskiewicz dissenting). 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Mr. Breese requested clarification as to the conditions suggested and was advised as follows: . A hip roof should be installed on the north and south sides to soften the end elevations. Staff would work with the applicant. . The height of the landscaping was to be increased, if sta,ff determined this was feasible. Motion ' " :nUii; dW;"L';,llji! Mr. Barnes moved approval of the Community De~~g~/P>lan AppealiC3~ presented. Mr. Lis seconded the motion that passed 6-1 (Chair Jaskl&wJcz dissenting).!!' 8. Other Chair Jaskiewicz reminded the board members 'Of the Advisory Board Recognition Dinner to be held April 23, 2008. 9. Comments by members None 10. Adjournmel'1t There being t:the meeting properly adjourned at 7:40 p.m. Stephanie'D.Kahn Recording Secretary 043008 10 VIII.-PUBLIC HEARING ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office c=J April 15,2008 March 31,2008 (Noon) c=J June 17,2008 June 2, 2008 (Noon) c=J May 6, 2008 April 14,2008 (Noon) c=J July I, 2008 June 16,2008 (Noon) ~ May 20, 2008 May 5, 2008 (Noon) c=J July 15,2008 June 30, 2008 (Noon) c=J June 3, 2008 May 19, 2008 (Noon) c=J August 5, 2008 July 14,2008 (Noon) c=J Announcements/Presentations c=J City Manager's Report NATURE OF c=J Administrative c=J New Business AGENDA ITEM c=J Consent Agenda c=J Legal c=J Code Compliance & Legal Settlements c=J Unfinished Business ~ Public Hearing c=J RECOMMENDATION: Please place this request on the May 20, 2008 City Commission Agenda under Public Hearing. The Planning & Development Board on April 22, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-027. EXPLANATION: PROJECT: 947 Isles Road (ZNCV 08-003) AGENT: Jose Rodriguez OWNERS: Jose Rodriguez LOCATION: 947 Isles Road DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring a minimum front yard setback of25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet for a proposed addition to -, a single-family residence within the R-l-AA Single-family Residential zoning district. -'j ~- ---j .----- -< ;;:II -~ 'J -- ::;J " r~.) -n ':=:) " , .." ,. .- -._----4. , - .::J '-,- PROGRAM IMP ACT: (~) ~,.-- ---c-; ':.:;:; FISCAL IMP ACT: C.Tl --"- i"r; l,~-") -';-_~ ALTERNATIVES: k r0 ,- 'J City Manag~e L Assistant to City Manager Ct4r'V ; , ...j Planning and Zoning cor City Attorney I Finance S:\Planning\SHARED\WP\PROJECTS\ 7 Isle Road\Agenda Item Request 947 Isles Rd ZNCY 08-003 5-20-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-027 STAFF REPORT To: Chair and Members Planning and D~~elo~t Board Thru: Michael Rumpf\J\\/,- Planning and Zoning Director From: Kathleen Zeitler Q Planner Date: April 15, 2008 Project: 947 Isles Road (Rodriguez) Variance / ZNCV 08-003 / Front Setback Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring a minimum front yard setback of 25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet for a proposed addition to a single- family residence within the R-1-AA Single-family Residential zoning district. BACKGROUND The subject property is generally located east of Federal Highway and north of Woolbright Road within the Boynton Isles subdivision (see Exhibit "All - Location Map). The subject property was platted as Lot 40 of Boynton Isles, as recorded on April 24, 1957 in Plat Book 25, Page 34. The lot is dimensioned 90 feet wide by 100 feet deep, and is typical of the majority of lot sizes in Boynton Isles. The subject property fronts Isles Road and abuts a waterway canal to the rear. In 1959 the subject site was developed as a one-story single-family residence with an attached garage. According to the Palm Beach County Property Appraiser's records, the residence on the subject property is a three (3)-bedroom, three (3)-bath house consisting of 1,666 square feet of air-conditioned space, and a total of 2,790 square feet. The applicant has submitted a survey with a floor plan indicating that one (1) of the bedrooms is being used as an office/den (see Exhibit "BII - Survey/Site Plan). The applicant is requesting to construct an additional bedroom at the front right corner of the residence. The Boynton Isles neighborhood is zoned R-1-AA (Single-family Residential). The existing residence on the subject property currently complies with all required building and site regulations of the R-1-AA zoning district, including lot area, lot frontage, living area, lot coverage, building height, and setbacks. The required minimum setbacks of the R-1-AA zoning district are as follows: front yard setback of 25 feet; side yard setback of 10 feet each side; and rear yard setback of 20 feet. The applicant desires to construct an additional bedroom at the front right corner of the residence. Exhibit "BII indicates the proposed bedroom is approximately 20 feet - eight (8) inches wide and 11 feet deep (approximately 227 square feet). The existing residence is setback the minimum distance of 25 feet from the front property line. The proposed addition would be located 14 feet from the front property line, resulting in an encroachment of 11 feet into the front setback. Therefore, a variance is required prior to the issuance of a building permit. Page 2 Isle Road Variance ZNCV 08-003 ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The applicant notes in his justification (Exhibit "C") that the subject residence with a pool in the rear yard backs up to a canal, so there is no location available in the rear yard for the proposed addition. The applicant also notes that the existing floor plan is favorable for expansion only toward the front of the residence. Staff recognizes that special conditions do not exist at this location relative to other properties within the neighborhood that are similarly zoned. Many other properties in the neighborhood have the same limitations with a pool in the rear yard that abuts a canal. Yet, there are no other properties in the neighborhood that have requested a variance to the front setback. There are alternatives for an addition without the need for a variance, such as interior renovations to the existing one-story structure or a second story. b. That the special conditions and circumstances do not result from the actions of the applicant The circumstances surrounding the need for the requested variance are created as a result of the desires of the applicant. The requested variance is for the convenience of the applicant, to allow construction of an additional bedroom with minimal interior renovation. However, design alternatives are available to the applicant without the need for a variance, such as converting the office back to a bedroom, eliminating or relocating the pool, or constructing a bedroom addition above the garage. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district The applicant's justification (Exhibit "C") notes that there have been no front setback variances requested similar to this request. Typically, other property owners can obtain a building permit without the need for a setback variance. Denial of this variance request would not deprive the applicant of the rights already enjoyed by others owning standard sized lots within this subdivision. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the ordinance would not deprive the applicant of rights and would not cause undue hardship. In 2005, the Land Development Regulations were revised to allow Administrative Adjustments (similar to those given to non-conforming lots) for reductions in all yard setbacks for lots platted prior to June 13, 1975 (such as in Boynton Isles). The following administrative adjustments to the minimum yard setbacks may be allowed, subject to provision of justification by the applicant: front and side yard 80% of required setback provided, and rear yard 75% of required setback provided. In the R-1-AA zoning district these minimal setback reductions would be as follows: Page 3 Isle Road Variance ZNCV 08-003 Front Setback - 25 feetWith Administrative Adjustment - 20 feet. Rear Setback - 20 feet With Administrative Adjustment - 15 feet. Side Setback - 10 feet With Administrative Adjustment - 8 feet. A front yard setback reduction of five (5) feet is not sufficient for the applicant, therefore a variance to allow for a total encroachment of 11 feet (more than double what an administrative adjustment allows) is requested. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. The requested variance is not the minimum that will make possible the reasonable use of the residence. Due to the single-story nature of the neighborhood and the existing site improvements, the proposed location of the addition at first look seems appropriate. However, given the amount of the encroachment (more than double what could be granted administratively), and the design alternatives (without the need for a variance), it does not appear to be the minimum variance possible. The proposed addition is 11 feet by 20 feet - eight inches (approximately 227 square feet) which far exceeds the usual bedroom size (12 feet by 12 feet or 144 square feet), excepting a master bedroom. Currently, the applicant resides in the existing residence, and has made reasonable use of the building. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The proposed addition would maintain the existing side setback and ranch-style architecture. However, the requested 11 foot encroachment would not be in keeping with the typical 25 foot front yard setbacks in the neighborhood. The magnitude of the variance could push the front of the proposed addition so far forward as to give the street scene an unbalanced look in comparison with other residences fronting on Isles Road. However, Isles Road is a local street with 50 feet of right-of-way width consisting of 20 feet of asphalt and 15 feet of swale on each side. There are no sidewalks in the Boynton Isles neighborhood, therefore the addition would be located a total of 29 feet from the edge of the asphalt roadway, which may somewhat preserve the open space look and feel to the neighborhood. Additionally, the house to the east of the proposed addition is oriented in such a manner that the garage would be adjacent to the bedroom addition, greatly minimizing any potential impact. Also, the applicant has submitted letters from neighbors in support of the variance request (see Exhibit "D"). Isles Road is the southern boundary of the Boynton Isles subdivision, therefore only the residences on the north side of Isles Road are located in Boynton Isles. Residences on the south side of Isles Road are located in the Lee Manor Isles subdivision, and are through-lots fronting on Castilla Lane, and Isles Road to the rear. Therefore, only the back yards of the residences across the street from the subject property are visible from Isles Road. The proposed addition to the front of the residence would not have a negative impact on adjacent properties located on the south side of Isles Road. In summary, staff finds that granting the variance would not be in harmony with the general intent of the code, as it is not in keeping with the required and typical 25 foot front yard setbacks in the Page 4 Isle Road Variance ZNCV 08-003 neighborhood. However, staff finds that granting the variance would not be injurious to the area due to the orientation of adjacent properties across Isles Road, and the layout of the residence to the east where the garage would be adjacent to the bedroom addition, greatly minimizing any potential impact. Therefore, a portion of criteria "f" is satisfied. CONCLUSIONS/RECOMMENDA nON Staff has reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "C". The code states that the zoning code variance cannot be approved unless the board finds compliance with all the stated criteria. As noted above, staff indicates that only some of the criteria are met. Despite the responses by the applicant, a variance is to be granted on the basis of a hardship, which is established by characteristics other than those created by the landowner, or previous owner(s), various site improvements or alterations. The emphasis of criteria "a", "b" and "c", in order to justify a hardship, is on natural or unique limitations relative to other properties within the neighborhood that are similarly zoned. The subject request has been initiated for the expansion of a home situated on a standard lot within this neighborhood. Therefore, the applicant, solely for individual benefit, has generated the circumstances. Based on the above, staff recommends that the requested variance be denied, as other design alternatives, albeit more costly, are available without the need for a variance. Any conditions of approval by the Planning and Development Board or City Commission will be placed in Exhibit "E" _ Conditions of Approval. Staff is supportive of residential redevelopment and recognizes that past variance requests have been reviewed by the City using more than the traditional criteria, or interpretations of these criteria, which places greater emphasis on economic potential, trends, and needs of homeowners, minor home expansions, and characteristics of or impact upon surrounding properties, as noted in criterion "f' above. For these reasons, if the Board and City Commission support this request, staff offers the following information for consideration: 1. While the proposed addition is to be located at the front of the property, Isles Road is a local street with 50 feet of right-of-way width consisting of 20 feet of asphalt and 15 feet of swale on each side. There are no sidewalks in the Boynton Isles neighborhood, therefore the addition would be located a total of 29 feet from the edge of the asphalt roadway, which would maintain adequate space and views along Isles Road. 2. The streetscape of Isles Road is not regular, with the south side of the street being lined with oversized hedges and the rear yards of several homes. Therefore, there is not uniformity in the appearance of this neighborhood of which the proposed expansion would interrupt. The proposed addition to the front of the residence would not have a negative impact on adjacent properties across Isles Road. 3. The house to the east of the proposed addition is oriented in such a manner that the garage would be adjacent to the bedroom addition, thereby minimizing any potential impact to the living environment of the abutting residence. 4. The subject improvement represents a modest expansion of the home relative to the minimum living area standard applicable to the subject zoning district. The minimum living area (air- conditioned space) required in the R-1-AA zoning district is 1,600 square feet. According to the County records, the subject property is currently 1,666 square feet (under air), only 66 feet over the minimum, and would be a total of 1,893 square feet (under air) with the addition. The Page 5 Isle Road Variance ZNCV 08-003 majority of homes in this neighborhood and on Isles Road are considerably larger homes (the average of 7 nearest residences is 2,355 square feet under air). Therefore, the proposed addition would make the subject property more comparable to home sizes in the immediate area of the subject property. 5. Staff has received no phone calls or letters voicing objection to the subject request, but has received only letters of support of the proposed expansion from the adjacent property owners and the homeowner's association (see Exhibit "D"). Specifically, those letters are from the abutting property owners to the east, west, and south of the subject property, which would potentially be the most impacted by the proposed expansion, as well as other neighbors in close proximity to the subject property. 6. It is unlikely that the proposed addition would block the view of motorists backing out of the abutting driveway, or other driveways along Isles Road, as the approximate length of driveways are 45 feet, and most residences also have circular drives in addition to the driveway in front of their garage. MR/kz S:\Planning\SHARED\WP\PROJECfS\947 Isles Road\Staff Report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 947 Isles Road APPLICANT: Jose Rodriguez APPLICANT'S ADDRESS: 947 Isles Road, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20,2008 TYPE OF RELIEF SOUGHT: Variance approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring a front building setback of 25 feet, to allow an 11-foot variance, and a front building setback of 14 feet for a proposed addition to a single-family residence in the R-1-AA zoning district. LOCATION OF PROPERTY: 947 Isles Road, Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\947 Isles Road\DO.doc Exhibit "Awl - Site Location Map ZNCV 08-003 - 947 Isles Road ,).. ~ :r -..J i 0 If CI) SE 10TH AVE I- C/) :I: I- '''It W C/) . N 150 75 0 150 300 450 600~ I I~e .~E S EXHIBIT "B" , - - - ... - -' , ." - (> ~, 1(.1 ..~~~-Y~.L-A'; / .. . . ~r "1~ ~ 90. 00 ~ qs"o*,' t:>~'1 , i , .- .~ 10.0 , SE1' tl" ) a Ltir 40 'v . \.. :I'~ ~ 0_ . '2 Q . o. . @! 0_ - J -. ,() 4 . .. J:) ... C, -J .., L.E 1 2 N . (l ; . ~ j , 4 . . !. - - ~ I-t>( " " ;" ;"., " :s 1) I,. ~S-' '1;"'; J 3~ ..... 1<' .......~ 'Q~ . rr_ ~ <) ,.A R. *\It ... $ "r>>.j~ ChU/t~ (j C.) N . , I , 2..." ~ ~."..., l-'" '"1 \) ~ ~ ~"" C) '-.-' . ZJJ~ " ' , . . p "- l ! f' .. . . /' ~ - , ... - ~---- .., c,:).,~. 1 .... .. . - "- . . " ~ (\ ,l 1 .j 'to \ :f r::O .... . '\ ,I J! , . ('fJ ,11. '1 I . 1 , j p - I ( 1.'.,D. ~~ ~ c,f \ . , , i " 'P, . .1 J:fo j " . h "j ~ 2.D ' ~H4L..T , -j ., 1 <!.SZ>/ R/wJ , Ro~ <eN t R.f ,,,,i'7. it , it ~b~- I '1:. -:I::si..E S.E:. \0"''1 A\!~LlE.. . - , E PURPOSES. IT IS' NOT INTENDED FOR ANY OTHER USE. PERMITTING ADDITIONAL CONSTRUCTION, ETC. REQUIRE : OBTAINED FROM THIS OFFICE. iT - NO FURTHER SEARCH OF PU6UC RECORDS WERE MADE BY THIS OFFICE. c:r; '" to.. TIr\I\.1 ^ I r""-r:^~~J""" \ I~I""\""'''", ........... __ . ___ EXHIBIT "c" APPLICANT'S JUSTIFICATION The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure/ or building involved and which are not applicable to other lands/ structures or buildings in the same zoning district This is a single family home that backs up to a waterway canal, so there is no growth that can occur towards the rear of the property. The floor plan is only conducive to expanding towards the front. b. That the special conditions and circumstances do not result from the actions of the applicant. This home was built on this property in 1959 and it is a two bedroom home. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands/ buildings/ or structures in the same zoning district. Records reflect that there has been no front setback variances requested similar to this request. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. As the City makes adjustments to more friendly uses of properties by bringing them closer to streets and sidewalk and creating closer setbacks, this variance request would support that philosophy. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building/ or structure. The setback requirements are 25', the request is a variance of 11'. The bedroom would be 11' in depth which is a reasonable size bedroom. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The granting of the variance would only support the City's intent to see families grow and stay in their current homes. The intent is to grow and stay in Boynton Beach. EXHIBIT "011 Boynton Isles Neighborhood Association 945 Isl.. Road Boynton Beach, Florida 33435 Jeff Lis. President Jay Laing, Vice President Jeanne Wenzel, Treasurer March 25, 2008 City of Boynton Beach Re: 947 Isles Rd. Variance Request. Please accept this letter as support for a 11 foot variance request that Jose Rodriguez of 947 Isles Rd. has made to the City of Boynton Beach, The Boynton Beach Isles Neighborhood Association supports his efforts to add a 3rd working bedroom to the front, east side of his home and recommends approval. EXHI BIT" Oil March 25th 2008 Dear Boynton Isles Neighbors I would like to add a 3rd working bedroom to my home at 947 Isles Rd. and need your help to do so. The city of Boynton Beach has setback requirements that prohibit me from adding this room without requesting and being granted a varIance. The setback requirements are 25 feet, I would like to build the bedroom towards the front, on the east side so that it will match the existing roof lines on the house. As many of you know expanding to the rear with the canal and pools make it almost impossible. The room that I would like to build will be very moderate and just over 10 feet wide on the Interior. I'm requesting an 11 foot variance. If approved my new setback would be 14 feet. Also, like many of our streets, It is a dead end with nO sidewalks and there are no facing neighbors. All houses, like mine face south to the rear of the homes on Castilla Lane. If you are in support of my requ,!!St, please sign below.. Thanks you very much for your help. ~ / Jose Rodriguez (I' f!- 11 .J.< EXHIBIT "E" Conditions of Approval Project name: 947 Isles Road File number: ZNCV 08-003 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval Page 2 of2 I DEPARTMENTS I INCLUDE I REJECT I Comments: None X I ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be determined. I I I S:\Planning\SHARED\WP\PROJECTS\947 Isles Road\COA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 ./ 1. Final disposition of the March 25, 2008 Planning and Deve7 Board meeting agenda items. Mike Rumpf, Planning and Zoning Director, reported the fOIlOWing/~~s were approved by the City Commission: ,// ./ ~'" $ · Charter Schools of Boynton Beach, approving a mo .fiCation to the list of approved uses for Quantum to expand the use pr s,ipns for charter schools within the Quantum Park Planned Industrial Distri pJ:IP~!lI' ,:::~hnp . Text amendment to modify the regulation~ PlmltBi~~move a density provision / 'l" '"d!!, for hotels. , 'Wln~1i:' ,.<)';;, " --~~niu;, I _~- : ~.< : ' 1 .. :tI :' · EAR-based Comprehensive Pia mendr;m~Hg were appro\Yeq\1for transmittal to i~i;n);'-'.;,~~O::i the Department of Commu. AffairSjIKWCA). This" also recogm{~~d the board's recon:mendation to am ~he ~sPijlffll!~f the ,tfi~~ndment t~~tillil~~olved the merging of two land c1asslficatlons:f~~l,dens~~and moderate density. 11Illilj.d!!IW" () :f .~:~ ; i ~ ! ; i ; Chair Jaskiewicz inqu. d as to. recmffltrlwm9ati~ns 'liikij~iPY Mr. Lis. Mr. Rumpf believed those recommen Ions pertaJned'it~I,'ReHU~qt.'on and!!~~l:aspect of blueways. There were provisio that were reviewed fan, fur~renamendmeritslito the Recreation Strategic '-,,;? t!_qp!:i;' .. in."" Plan whi would be promoted wli~~ appr()~~i~~~"H,Mr~!iSaberson understood the Comm" Ion determinedthf:re,would belnoqliange:t()'t,~e low-density residential land us assification. Mr.Rumpfm)~~d the Am~ndments were transmitted status quo, with e current low-dep~i:l;y and mo~~rate-densi~..structure. J {:' ~' 6. ',';j!!" il , "; ,; ,. :.: ~ ,_.__c... " \ ~- ;:j-::; {n~Ht, 7. ,.:. ;,;- Attorney .A.lekander admini~~ered the oath to all who would be testifying. ;",. ,:,: A. Ii''.-.,. :1;(;); 94llslesiRoad '( ~ i' _~ i.' "I' _H' t ~;!;- Zonln'dICede Variance !IF 1. PROJECT: 947 Isles Road (ZNCV 08-003) AGENT: Jose Rodriguez OWNER: Jose Rodriguez LOCATION: 947 Isles Road DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a., requiring 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 a minimum front yard setback of 25 feet, to allow a variance of 11 feet and a front yard setback of 14 feet for a proposed addition to a single-family residence within the R-1-AA Single-family Residential zoning district. Chair Jaskiewicz opened the public hearing. No one came forward, and the public hearing was closed. Kathleen Zeitler, City Planner, advised the subject propertt fronted Isles Road and Waterway Canal to the rear, and was a standard-sizeqrlot.;,The residence, a three- bedroom, three-bath house, currently complied with allthel"equired building and site regulations of the R-1-AA zoning district. The floor plan provided by the applicant indicated that one of the bedrooms was an office:: The applicant Wi$;~~d to construct an additional bedroom in the front right cornerqf;tne residence, whiChWW,lJ;ld encroach a total of 11 feet, and would be located 14 feet~rF:~ thefrm~t,property line.) "1;" . Iii'" Staff reviewed the requested varian~e, focusing!bn!~~~lcriteria required, as well as the applicant's response to the criterd~:~i;H~~aff foundll~$'ibasis for a hardship. Special conditions and circumstances didqn~tll~t\, Manyll.lot;mer properties had the same limitations, with a pool in the rear i~atd"WMUt1ling, a caih~U:)There were no requested variances to the front setback in this'~m~hbo!rtlm~~HilihDe"Il~~foot encroachment would not be in keeping ~W~lll~n~H,typical i~Rftmffllllfrorit.iY4rml; setback and could appear un~alanced when7!~mJll~rel~!!tfPH~ther reSfftlm~ces fronting Isles Ro~d. The req~~sted variance was for th~lconvenlenE::~!of the alDimh<:ant to allow construction of an additional 1~' 1 ~! \:': -: ~; --H. bedroom with minimaHnterior re~ovation. IDesign alternatives, such as converting the office back to a bedroom,elilTlil1lapmQ.o~/elocating the pool, or constructing a bedroom addition abqye,t~~;garage;~ere availab1e;without the need for a variance. LiteraJinterpretation oftne prO\li~,ions of the ordinance would not deprive the applicant of righ~!and would n0~i',cause4,l1ldue hardship. In 2005, the Land Development Regulatiorlswere revised ;~ffi,allow a1dministrative adjustments for reductions in setbacks for lots platij~q prior to JlJ~$ 13, 1975, such as in Boynton Isles. The administrative adjustments 'woHld redusflthe front setback from 25 to 20 feet, which would not be sufficient. The varianceiwas not the minimum that would make pOSSible the reasonable use of the reSidence/given the amount of the encroachment, which was more than double what could be granted administratively. The size of the addition was 20 feet 8 inches wide and 11 feet deep, which was approximately 227 square feet. Based on the above, staff recommended the requested variance be denied. However, staff supported residential redevelopment and recognized that past variance requests had been reviewed by the City, using more than the traditional criteria. If the board and City Commission supported this request, staff offered the following for consideration. There were no sidewalks in the Boynton Isles neighborhood. Therefore, 3 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 the addition would be located a total of 29 feet from the edge of the asphalt roadway, which would maintain an adequate space and view along Isles Road. The streetscape of Isles Road was not regular, with the south side of the street being lined with oversized hedges in the rear yards of several homes in an adjacent subdivision. The proposed addition to the front of the residence would not have a negative impact on adjacent properties across Isles Road. The house to the east was oriented such that the garage would be adjacent to the bedroom addition, which also minimized any potential impact. The proposed addition would make the.?ubject property more comparable to home sizes in the immediate area of the SUbjij~lproperty. Staff had not received any objections to the request but had receiveglHe~ers of support from the adjacent property owners and from the homeowners',ft~~~PI~~,ion. It was unlikely the addition would block the views of motorists backing.i*qtdofl~ri~eways, which were 45 feet in length, and most of the nearby residences,tjl~tlrCircularlamy~s in addition to the , (:: ':: h d~];, ~', driveways.~:(' "'iiiH ,i",1' ^:', ;,,":'.'); , ) i . ~ r . '.' . .' . . . . , 1 : .: ' : ,<;",uq:: :'-" ffqH"iH Jose Rodriguez, 947 Isles Road, clarified $~verai points;$et forth in staffl~j;report. The ~ 1: t ~ J f t :. , ' ': * ! l_ j ~ } , .. < .! ? ! J }) office-den identified as a bedroom did not ha"1~H~ c19~~t!'and measured 1;1 feet by 11 feet, or 121 square feet. A standard room meas~r~tjf)44 square feet. He believed an office was essential, especially fonjl~~i~iduals havir'lgimore than one job. Item "e" of tf1q1H1r*l(L. . ,U!~'-r staffs report indicated the propbseo";adGlWon wasH1'i, feet by 20 feet 8 inches, > :':. ::: ,:' ,;. ' . ' :' : .: " . ,. ,f : ,- ~ :_ i approximately 227 square feet. Thisreferre'd I()the e>dtemqr, rather than the interior boundaries. In order to construct the aclditionaln?()Il1l"j~ would be necessary to come in from the living room~hro~gr.a closet9fa is~iO(jndb'~cjroom, thereby eliminating the closet in the second,m~dt()om."It would tr~ri'be necessary to build two closets in the new room. The n~V\firoom wou!I~,measure'lgnly 10 feet by 13-1/2 feet, or 135 square feet. The primaryUr~~190n for ~He additionll~as to accommodate the mother of Mr. Rodriguez, who WOUICfIIl)~lmO\{iU~iirltl~h~nefreSicH~nce. Mr. Rodriguez had the support of 'pHJIL ill! ItllIHtWWlllllWI'''\,!' his neighR(),r~I~$IW'MU, as tij:eJl~~~bcla n:#tUd!lIll!W ;liillllii,Hi7!1lIlIII!lh 'IIHlh Chail1!hlM~ki'ewicz in~!i~~ijll~Ubl;~iijallmments. There were none. iUlH!ln'qIWh'q!ll!', AttorneyAlexander was as~ed whether the board's approval of the requested variance would present difficulties['as to other properties that were not unique. Attorney Alexander explained that'. any applicant seeking approval of a variance would be required to appear before the board and ultimately the City Commission. Therefore, the granting of a variAlnce on one property would not automatically require the granting of a variance on a separate property, whether unique or similar. Mr. Lis recused himself from a vote as he was the appointee of Mr. Rodriguez as well as his next-door neighbor, and President of Boynton Isles Neighborhood Association. However, he noted his support for the project. Attorney Alexander indicated it would not be necessary for Mr. Lis to recuse himself, as there was no monetary gain involved. 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Motion Mr. Myott moved approval. Ms. Grcevic seconded the motion that passed unanimously. B. Boynton Vistas II Maior Site Plan Modification 1. PROJECT: Boynton Vistas II {;MSPM 07- AGENT: -;l)'ti: Jeff Wolff, Wolff ~1(4:~mpany, I OWNER: Wolff & Compaf:1~t~O~t LOCATION: 420 NE 1ih Av~mue 'In!;;; DESCRIPTION: Request f9nl~~Jor Sitep'~;~,Modification i. ~;! :' ',' --:: ;. ; 1 appro~~I,t()allow con ucti~mof seven additi(i)'nal'multi-fa . residehtii~l; apartment :tJ,dH; -;-~~HL unitimf:1. two, 1-~..1 buildings,anl'!l,a 1,000 \ ~_:: r, ; ! _ _ ' :,-,' - f' ;' 1, ::: ; : ' squai'~ifil>ot re ( Iroffice on a 1.76'"'-Clcre site '~n1tq:>'f ';}:" zoned RL]JI,;, ti-family Residential. ,. -, ;:-",;,' Ms. Zeitler noted the subject prd~~!tYqWR~th p~g~~s~~ Boynton Vistas II project consisted of a proposed 1-story buil~!~g witiji:i;~Yrunits;ial-story building with three units, and a 1,000 square foot rental ofti,~e. he,p~9j~s~wasiproposed at the maximum density. The proposed rental office emf ()t be converted into an additional dwelling unit in the future. / Staff reviewed the~ite. plan andl\,c1~rmined'the project, along with the recommended conditions of approval, c()ITlPlil:~,,~i~h;.mT!i~~n~Development Regulations. The project had received approyal for~c andscl100l concurrency. The existing parking lot would. ~ereconfigured;and'pgraded to several current Code requirements for traffic and p~~strian CirCUla~aCCef'1i,bility and landscaping. The parking lot would be resurfaced and restrip./ ",pnd WGluld include new curbing, landscaped islands and sidewal~~iHJhe proje9! pnqposed a mix of two and three-bedroom units, based on 19 ;;: ::"i " /1 {:- "; total unitSj,pJ1lq 1,00'0 sq~~re feet of office space. The project required 42 parking spaces andaHt~~ . of 45'i~~tking spaces were provided, included two handicap spaces. "l_\:'. !:'\'S,i"I The entire site",R~iI8!lRnHandscaped to comply with current requirements. A large, open-space " a, am~~ximately 100 feet by 100 feet, would remain vacant, serving as usable oper{ space and a recreation area for the residents. Building "A" would contain / four dw,t1ing units and Building "B" would contain three dwelling units and an office. The rT).if'limum living area for multi-family units in the R-3 zoning district was 750 square feet/ Each of the dwelling units, and the office would be approximately 1,000 square f~ in size. Staff reviewed this request for major site plan modification and was recommending approval with conditions. 5 VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) o May 6, 2008 April 14,2008 (Noon) o July I, 2008 June 16,2008 (Noon) [8J May 20, 2008 May 5,2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business [8J Public Hearing 0 RECOMMENDATION: Please place this request on the May 20, 2008 City Commission Agenda under Public Hearing. The Planning & Development Board on April 22, 2008, recommended that the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 08-015. EXPLANATION: PROJECT: Boynton Vistas II (MSPM 07-004) AGENT: Jeff Wolff, Wolff & Company, Inc. OWNERS: Wolff & Company, Inc. LOCATION: 420 NW 17th Avenue DESCRIPTION: Request for Major Site Plan Modification approval to allow construction of 7 additional multi- family residential apartment units in two, I-story buildings, and a 1,000 square foot rental office on a 1.76-acre site zoned R-3, Multi-family Residential. "J ""--'\ -,- , :-u1 .- " :.; , :l ~) "I PROGRAM IMP ACT: N/A r.,,) FISCAL IMPACT: N/A -- .,=1 , ALTERNATIVES: N/A - - 1~ ,- _..J 4 .-.- .~ ~,.... -' -.."'... " C) --- - (11 -_. ........ r...) > 'J City Manager's Signature -- Assistant to City Manager ~ ?' PlannIng and Zonin or City Attorney / Finance S:\Planning\SHARED\WP\PROJECTS oynton Vistas I1\Agenda Item Request Boynton Vistas II MSPM 07-004 5-20-08,doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 08-015 STAFF REPORT TO: Chair and Members Planning and Deve~ent Board }\.U" / THRU: Michael Rumpf . ' Planning and Zoning Director FROM: Kathleen Zeitler /( 2- Planner DATE: April 15, 2008 PROJECT NAME/NO: Boynton Vistas II / MSPM 07-004 REQUEST: Major Site Plan Modification approval to allow construction of 7 additional multi-family residential apartment units and a 1,000 square foot rental office. PROJECT DESCRIPTION Property Owner: Wolff & Company, Inc. Applicant: Wolff & Company, Inc. Agent: Jeff Wolff, Wolff & Company, Inc. Location: 420 NE 17th Avenue (see Exhibit "A" - Location Map) Existing Land Use: High Density Residential (10.8 dwelling units per acre) Existing Zoning: Multi-family Residential (R-3) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Uses: Multi-family residential apartments (7 units proposed); rental office Acreage: 1. 757 acres Adjacent Uses: North: Right-of-way for NE 17th Avenue, and farther north, Boynton Bay multi- family development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3); Staff Report Boynton Vistas II (MSPM 07-004) Page 2 South: South Circle Drive, and farther south, multi-family residential development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3) and Hawk's Landing PUD; East: Boynton Bay multi-family residential development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3); and West: To the northwest: Boynton Bay multi-family residential development designated High Density Residential (HDR) and zoned Multi-family Residential (R-3); To the southwest: Single-family residence designated High Density Residential (HDR) and zoned Multi-family Residential (R-3). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject conditional use were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. Features: The subject site is comprised of two (2) lots: parcels #0203 and #0206, which total 1.757 acre. Parcel #0203 is located on the west side and contains the existing Boynton Vista development consisting of a two (2)-story apartment building with eight (8) units, and a one (l)-story apartment building with four (4) units. Parcel #0206 is located on the east side and currently vacant. This parcel is the subject property for the proposed Boynton Vistas II project consisting of a proposed one (l)-story building with four (4) units, a one (l)-story building with three (3) units and a 1,000 square foot rental office. An existing parking lot separates the existing and proposed buildings. A Unity of Title is required to combine the two (2) parcels into a unified parcel. BACKGROUND Proposal: Mr. Jeff Wolff, representing the property owner Wolff and Company, Inc., is requesting major site plan modification approval to allow construction of seven (7) additional multi- family residential apartment units and a rental office. All units would be rental apartments, consistent with the existing Boynton Vistas development. The property is zoned Multi-family Residential (R-3) and apartments are permitted uses in the R-3 zoning district. Based on total acreage (1.757 acre) and the maximum density of 10.8 dwelling units per acre as allowed in the High Density Residential (HDR) land use classification, the maximum allowable dwelling units is 19. The existing development consists of a total of 12 units, and an additional seven (7) units are proposed, for a total of 19 dwelling units. It should be noted that, with the project being proposed at the maximum density, the proposed rental office space could not be converted to an additional dwelling unit in the future. Staff Report Boynton Vistas II (MSPM 07-004) Page 3 ANALYSIS Concurrency: Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The Palm Beach County Traffic Division has determined that the proposed residential project meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City after the 2009 build-out year. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. School: The School District of Palm Beach County has reviewed the request and determined that adequate capacity exists to accommodate the seven (7) additional dwelling units. Utilities: Sufficient sanitary sewer and wastewater capacity is currently available to serve this project, subject to the applicant making a firm reservation of capacity, following approval of the site plan. Police! Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. All South Florida Water Management District permits and other drainage related permits must be submitted at time of building permit (see Exhibit "C" - Conditions of Approval). Driveways: The project proposes two (2) points of ingress/egress to the subject site: from NE 17th Avenue to the north, and from South Circle Drive to the south. Each access point and the drive aisle within the parking lot is 25 feet in width to accommodate two (2)-way traffic movements. The existing parking lot will be reconfigured and upgraded to several current code requirements for traffic and pedestrian circulation, accessibility, and landscaping. The parking lot will be surfaced and restriped and include new curbing, landscape islands, and sidewalks. Dumpster: The location and angle of the proposed trash enclosure would efficiently facilitate the removal of its contents due to the anticipated traffic flow and design of the garbage trucks. Staff's review of the site plan requires the existing dumpster to be completely screened and landscaped in compliance with City requirements. Parking: Two (2) and three (3) bedroom dwelling units require two (2) parking spaces per unit. The project proposes a mix of two (2) and three (3) bedroom units for a total of 19 dwelling units. In addition, office space requires one (1) space per 300 square feet of gross floor area. Therefore, based on 19 total units and 1,000 square feet of office space, the project requires a total of 42 parking spaces (38 spaces for 19 units, and 4 spaces for apartment rental office). The site plan proposes a total of 45 off-street parking spaces, including two (2) handicap spaces. According to the Typical Handicapped & Standard Parking Detail, the 90-degree parking stalls would be dimensioned nine (9)- Staff Report Boynton Vistas II (MSPM 07-004) Page 4 feet six (6)-inches in width by 18-feet six (6)-inches in length. The handicap parking spaces would be dimensioned 12 feet in width (with an adjacent striped loading/unloading area of five (5) feet) and 18 feet six (6)-inches in length. Landscaping: Although the proposed units would only occupy a small portion of the site, the entire site (1.757 acre) will be landscaped to comply with current requirements. The Survey indicates there are a total of six (6) existing Queen Palms on-site to be removed and mitigated. According to the landscape plan (sheet LP-1), the total pervious area proposed would equal 52% of the site, while the total impervious area would equal 48% of the site. Chapter 7.5, Article II, Section 5.P of the Land Development Regulations requires that a minimum of 50% of landscape plants be native species. The Plant List (sheet LP-1) indicates that 38 of the 47 trees (82%) would be native, while 1,040 of the 1,196 shrubs (87%) would be native. The landscape plan indicates that 46 trees are required and 47 trees (+ 1) are provided, and 1066 shrubs are required and 1196 shrubs (+ 130) are provided. Proposed trees include Live Oak, Pigeon Plum, East Palatka Holly, Geiger Tree, Yellow Elder, and Cabbage Palm. Proposed shrubs and groundcover include Dwarf Firebush, Red-tip Cocoplum, Green Buttonwood, Golden Dew Drop, Dwarf Variegated Arboricola, Lantana, and Morning Glory Vine. A large open space area of approximately one-quarter acre (100 ft. by 100 ft.) is located at the northeast corner of the subject property. This landscaped area will serve as a usable open space and recreation area for the residents. Buildings: As previously mentioned, the seven (7) additional dwelling units are proposed within two (2) separate one-story buildings on the easternmost portion of the combined 1. 78-acre site. Building "A" would contain four (4) dwelling units, and Building "B" would contain three (3) dwelling units and an office. The minimum living area for multi-family units in the R-3 zoning district is 750 square feet. Each dwelling unit and the office would be approximately 1,000 square feet in size. The maximum structure height in the R-3 zoning district is 45 feet (4 stories). The building elevations (sheets A-1 through A-4) indicate that the proposed one-story buildings would be 14 feet - six (6) inches measured at mean roof height of the pitched roof, and 21 feet at the highest point. The minimum building setback requirements in the R-3 zoning district are 40 feet for front and rear yards, and 20 feet for side yards. The site plan (sheet SP1) shows the proposed setbacks are consistent with these requirements. A covered porch is proposed at the front and rear of each unit. The building elevations indicate that a five (5) foot high CBS privacy wall would be placed between the exterior doors and extend to the edge of the covered porch to provide for extra privacy between units. Design: The proposed one-story buildings resemble a contemporary design with painted smooth stucco on concrete block with a pitched shingle roof. Decorative features include paneled doors, COlonial-style windows, stucco banding and quoins at each corner. The exterior paint would consist of the following Benjamin Moore colors: Walls - Pecos Spice AC-14 (nutty brown), and trim / doors - Mochachino AC-13 (light beige). Roof shingles would be a coordinating brown color known as Shakewood. Staff Report Boynton Vistas II (MSPM 07-004) Page 5 The plans propose a total of eight (8) freestanding light fixtures (sheet SE-l) within the parking lot that are 27 feet in height, of medium bronze color, and baffled to shield light away from adjacent properties. In addition, a total of five (5) outdoor light fixtures will be located near each building entrance. At time of permitting, the Photometric Plan (sheet SE-l) is required to be revised to comply with the minimum average light levels to ensure no light spillage onto adjacent properties (see Exhibit "c" - Conditions of Approval). Signage: No sign age for the development is proposed. RECOMMENDATION: Staff has reviewed this request for major site plan modification and is recommending approval of the site plan, subject to satisfying all comments indicated in Exhibit "c" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECfS\Boynton Vistas II\MSPM 07-004\Staff Report.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Vistas II APPLICANT'S AGENT: Jeff Wolff, Wolff & Company, Inc. AGENT'S ADDRESS: 5139 1st Road, Lake Worth, FL 33467 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 20,2008 TYPE OF RELIEF SOUGHT: Major site plan modification approval to allow construction of 7 additional multi-family residential apartment units and 1,000 square feet of office. LOCATION OF PROPERTY: 420 NE 1 ih Avenue, Boynton Beach DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant - HAS - HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby _ GRANTED subject to the conditions referenced in paragraph 3 hereof. - DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Vistas 11\ MSPM 07-004\DO.doc Exhibit WlAWI - Site Location Map MSPM 07-004 - Boynton Vistas II N 110 55 0 110 220 330 440 w4tE ~1IIIIIl~ I Feet S EXlHIQrf"8"',; IUUI!!Ui ~ IIIUlnn-I.~ lU~i~~ ;hun!it~ln .~.,... ~ .li~~9~~dn g~~il!i~~i~.. ,~ ~ ~~~ ~~~~~ ~d "I>"" .~ '" .~~nEil~ i~d~~ ~!~~ j .~ ~~*a''lR ,~::U i ai~i:: ~g'~ I I ~m ~' I I I ~ I I ~ Ii POIftOftRlMltlC. fOUlll1!'"lll I a _orE .'.!L'" I ~ I I ~ I ' ~~i I _11OJIO' ':ffil : I I~ ! .~!I : ' , , .,! ~. I' Be ~~ - .1: ' ~F' I I --------- ~_I I e I ! I I ! ~ I I ~. ,I. .,~....... -illl" m I ~j! )> I I Z I , i, : . I . . . ,l!~!j~i~ I Imi~l!i..'i:11 ..... .~ I ;::il~1 ~l! 'j~!i '~ I 1'~!!I"''l ..'~ '.' '1 -~.. 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'FLORIDA ItCO ;:>>.4~~n43? .~J~~61 EXHIBIT "B-1 " tn If(lH:JSntlN'f13lO1Illl'U 'l""'iIIll"1J1C-~ :::J~Z HOllllro ~ I-ot ~ ~ m ~ ~ Z C tn n :I> "tI m "tI ~ Z I lIOW :]Sn ON..., :JW\Url~ ~llIIYjlJYl1I f-~ 'lltollIlOl IIGllllJ'\:I i """"""'" . < e'! ~ . = II llOIl :3Sn 0N'\"l }I;N~rtJ . '.....;Il'Ylf'l ,-OJ ::)l4t.101 HOllllrtl ~ . " ~ ~ ~ _ i ~ . 'BI'tlM:lS0IN" d I ) ~,~.__~_-----L--________._,_ ~ IlO>ll!iOtIN1311NIlrl.> .~-~------ n""".I.llMr-~~JtOtOOP ~ ,~",---/~"", r---. /' \ ' t ~ ~ ~ I~ ~ ~ ~ ~ . d d ~ I~ CIl ; .'.' "",. .. , . .. .' -e;) ~,~ ~'~I~ s~l.i~QE ~ ~~~'~1 '-0 :;0 ;1;1 9 -; .... m III n ~ l> I;!J 1;:'1: ~.:1Il -it: it; I: ~l. ~51 S51 ;ii~ ~;;~~:a ~ ~!~ ~j~ · ~ ~ ~ = i ii j I Ii i f ii f Ii l} ill i~ I jl~ ~~ ~ t .m.." ..,-,-~ ~~ ~m ~~a ~~ ~ ~~~ ~:!!@ ~ ~ ~ ~ > () i i 5. i lDm II ~i 1; ~ ~ ~ ;2 ~~ o~ I ' ! Ii ! S II it ! II p, H! Ii II illll~ I.. 1111111,1 fl/lll!~ , ~ , ~ ~ I. _ i ~ 1,. I ~ r I ,lll}1 . I . r r' ~ I ! i H- . ~ ti ~ s .~ ~ i i I J I Iii IIi h Iii I i' z i r J-tlhi ! F ! (J\l . l' 1 I ! I I U l: I i 'Ie;) !I r, ~ -- .... ." ... . . "N t t . . " t . ~ ') IUd i I ! . ! j I!i i i I i !i5 ? L.L... ------I I ~ N . . ... ~.! ,.. f ~ I I I tl-i =;; ~~ ~~~~~~~ d~:'"": U ~~ i j . . ~ ~ ~ c ~ ~ . N c' : ' t i' , 1m" > ' > ~ ml ; if H' f f i! f f !! ~ ; ; j '; ~ t 1 j ,! i ~ ~ ~ ~ i i! CIl H H ~P2p~ ~Hii I ~ ~ S - B. If ! ~' .;, I' i! ~~> :J~ ~~ !aam! ~~ ~; ~ ~ ~ \ i J \ > 1 t ! I I i ;1~ fi i1~m~~ <,< . i r:f !! - ;'= ~ r i! t.!. t:;-;;';:'-:;-~ I ~ l! -- r / 'I ff I 'I r" I " '... ! " ) '. . H. .H... Y ~ I . /-.-/~ r {; ~ I~ ~ ~ III It!; ~ MAJESTIC VIEWS BOYNTON VISTAS II lJ ; ~ Landscape Architecture' Construction Management 419 SOUTH CIRCLE DRIVE, BOYNTON BEACH, FLORIDA I c II lilT 4711 Cypress Dnve South. Boynlon &each. FL 33-436 , I.....,.. Pr.one{56IJ752-9B35foJt; 15611752-"110 ~ I , I ~ ;: "I 2OOl!McjMllcV~,A,IIItlpt1IJR..__ NopQrtol_loecB.(I/<JrloOtdeolQmrnavbe SITE LANDSCAPE PLAN I I .", cei:l<:M" - din I W'ho"""'worwJll"l 1MI!>J:I!'eI'wo;"""con e'" - -------"-_._-- -- - - ----.--..-.- EXHfBjlT "B-2" <S>B8 .~ ~; ~ ! ~ i ,~ rn ld .p L~ q; i rl ~ . j ~ ~ "a ~ z ~ ! ~ ~ . n . ! j ! ~ ~ .~.. / ~x ' bill,' .:." [5 l:)lJ .- '-f :r: '"m r- Tn . '< -p,' -f 6 z "- ~ UJ 'OJ c: c: r- r- B 'D Z z G\ G\ l> l> '- '- 8 9" 9" ~, t.rl ~ 1.',1] f ~ ~~I U~~ I ,I!.! ~~ tni~ Iol..... ~ i~ ~d 14'.50. v '.~ "~~ ig e~ .'- i . ~: ~" 21'.cet' ; iS~ j ,.~~ U! Ih ~ !.~ i 8 ,~ ~ ~ "'" NmES/llE\IISIlNS HOT VAUD ELEVATIONS ~/14frn fIOtWlT~DOClAI[t(JS UNLESS -SEALEO 2/11/0a rM\':ftEVI[W'l WITH <THE JarnesBushouse,P ~E. EMBOSSED' !.tAl. ~/"/Oll 1,t1n .MVI[W'2 BOYNTON VISTAS CONSULTING ENGINEERS Jomllls :Sushouie, P.E: II '17. s..... 4ttICOUln' 21l1,C,MI.lJIrlOUf.STlIUT Prof_...obEtIIJ......I20J11 8CICA RATON, FLOflDI",Jl432 loRCIrDI.,'f\.OllIl)A34;l'" Stllte'Offklrlclo 419 S. CIRCLE DRIVE, BOYNTON -BEACH,. FLORIDA {MI)"'I17-)MI1 (1113) 411-8242 EX'Hlil'B:I."f ".'B-3" <S> B8 ~~ ~ ~.> ~< ~ ~ ~ ~ ~ . t . s ~ ~q ~ e ~ ~p ~ . ~ , e ~ ~ ~ . > ~ ~ ~ r ~ " i ~ ~ ~ ~ ~ ~~ i i i ~ i l i \ , ~ ' I . ! I ,~ I '1 ~ io~ ....,"..,....' 18 ~ I . ,,,.', I!I..... i!1 , 8 , 8 ! " ) ! ~~ ' ~ E I ...;: ,.'.'.." ~ m I rtm, 'm, "'" .",,'. J:> ., ~ (f> ") , ,'. ~ (f> / ~ -j j ~~, ,." ~ -j I 8 m' , " m h;' (3 h; , ~ < 10,."" ~18 "...',' ;.',. ~, ),' -j ,i.".,' ~ I ,~..,.. ...... ~ I~& -.... I .,' " . .'~ ; ,: -... f OJ 1 ,u, ", 1Jl 'I 8 c ' ',0110,_'_ C. r" r CJ I 8 ,..~~",. '2 i z ',.. . ",;. z .,.,......, G\ /"," ~ G\ I,. ' t I~, ~.. ~o t u ,', , ,~! ~" 11,~ 8 e ,] I I , : U !e I U I ~l! '-J I ~~~ U'.. ! 188] It>t:ll .~ ! '!! II!I .~. "! ~iJEt~ ~ i~gil ~~ onl' ~ .~ i~~ s~ ~i. . ~ _>, ; .~" . ,,~ ~I" " 'iJ~ ~ >0 .~~ ~R~ > ~ c ~~2 ~ ~ e~ - ~ ~ ~ R ~ ~ I ~ ~ ~ Oll~' "" """'/".","" NOT VAUD ELEVATIONS I ] g ............... -:-e i ~ ~ :'/IV07 PUbllT"IIOI:llMum; u~~ ~~ED James Bushouse, P.E. f"""",- '!t ~ I :Z/18/08 fNn'R[VItWll [MBOSSCOSEAL CONSULTING ENGIN!--~RS I ~ ~ . I '1"1"" ,~'"'''''." BOYNTON VISTAS II "",.~"~~ "".....,~"'w , . .~I. ~I Jomo' Bu,hou.., P,E, I """ '''''' ""... Bm ~"""^ ""''' ,.,~ :IE .. . , \ . 91 (~~)J ~~'-!7~2 ~ tv 0 Sl Prol-.onDl.(nlJ....,-1203tl 419 s. CIRCL[ DRIVE BOYNTON BEACH, >~ORIDA 1 (~lJ ~17-~ .~ :;: St"t".,,'flondo . EXHIBIT "C" CONDITIONS OF APPROV AL Maior Site Plan Modification Project name: Boynton Vistas II File number: MSPM 07-004 Reference: 3rd review plans identified a Maior Site Plan Modification with a March 1 L 2008 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Solid Waste Comments: All previous comments have been satisfied. X PUBLIC WORKS - Forestry Comments: All previous comments have been satisfied. X PUBLIC WORKS-Traffic Comments: 1. Enter into a maintenance agreement for S. Circle Dr. with the HOA/POA's X for the developments to the west and south of Boynton Vistas. A copy of this maintenance agreement will be required at the time of permitting for Paving, Grading & Drainage. ENGINEERING Comments: 2. Please note that changes or revisions to these plans may generate additional X comments. Acceptance of these plans during the Technical Advisory Review Team (TART) process does not ensure that additional comments may not be generated by the Commission and at permit review. 3. Full drainage plans, including drainage calculations, in accordance with the X LDR, Chapter 6, Article N, Section 5 and Section 10.Z will be required at the time of permitting. 4. Revise plans prior to permitting to be more specific regarding the limits of the X demolition required for asphalt paving required (re: note at northeast proposed building.) Show limits of demolition graphically. 5. Paving, drainage and site details will not be reviewed for construction X acceptability at this time. All engineering construction details shall be in accordance with the applicable City of Boynton Beach Standard Drawings and the "Engineering Design Handbook and Construction Standards" and will be reviewed at the time of construction permit application. COA 04/18/08 2 I I I II DEPARTMENTS INCLUDE REJECT UTILITIES I 6. At time of permitting, fire flow calculations will be required demonstrating X the City Code requirement of 1,500 g.p.m. (500 g.p.m. some residential developments) with 20 p.s.i. residual pressure as stated in the LDR, Chapter 6, Article IV, Section 16, or the requirement imposed by insurance underwriters, whichever is greater (CODE, Section 26-l6(b)). i 7. The CODE, Section 26-34(E) requires that a capacity reservation fee be paid X I for this project either upon the request for the Department's signature on the I I Health Department application forms or within seven (7) days of site plan approval, whichever occurs first. This fee will be determined based upon final meter size, or expected demand. 8. A building permit for this project shall not be issued until this Department has X approved the plans for the water and/or sewer improvements required to service this project, in accordance with the CODE, Section 26-15. I 9. All utility construction details shall be in accordance with the Utilities X I Department's "Utilities Engineering Design Handbook and Construction Standards" manual (including any updates) and will be reviewed at the time of construction permit application. FIRE Comments: None X Ii I Comments: None I Ii POLICE ! .~: I :1 X i, I I Ii BUILDING DIVISION ;i ---~! I Comments: __._~._-i 10. Please note that changes or revisions to these plans may generate additional X i Ii comments. Acceptance of these plans during the TART (Technical Advisory l' Review Team) process does not ensure that additional comments may not be generated by the commission and at permit review. --~ 11. Indicate within the site data the type of construction of each building as X defined in 2004 Florida Building Code, Chapter 6. Ii i, 12. Buildings, structures and parts thereof shall be designed to withstand the I X _______~I minimum wind loads of 140 mph. Wind forces on every building or structure 11 shall be determined by the provisions of ASCE 7, Chapter 6, and the I: I provisions of 2004 FLORIDA BUILDING CODE, Section 1609 (Wind I i I Loads). Calculations that are signed and sealed by a design professional I i registered in the state of Florida shall be submitted for review at the time of I ! permit application. I - I __.L._.,__~_ --~--_._~ COA 04/18/08 3 " DEPARTMENTS INCLUDE REJECT 13. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 14. At the time of permit review, submit details of reinforcement of walls for the X future installation of grab bars as required by the Federal Fair Housing Act, Title 24 CFR, PartlOO.205, Section 3, and Requirement #6. All bathrooms within the covered dwelling unit shall comply. 15. Bathrooms and kitchens in the covered dwelling units shall comply with the X Federal Fair Housing Act, Title 24 CFR 100.205. Indicate on the plans which design specification ("A" or "B") of the FEDERAL FAIR HOUSING ACT is being used. The clear floor space at fixtures and appliances and turning diameters shall be clearly shown on the plans. Master bath shower in Building "A", Unit # 2 shall be changed to a tub. 16. A water-use permit from SFWMD is required for an irrigation system that X utilizes water from a well or body of water as its source. A copy of the permit shall be submitted at the time of permit application, F.S. 373.216. 17. If capital facility fees (water and sewer) are paid in advance to the City of X Boynton Beach Utilities Department, the following information shall be provided at the time of building permit application: . The full name of the project as it appears on the Development Order and the Commission-approved site plan. . If the project is a multi-family project, the building number/s must be provided. The building numbers must be the same as noted on the Commission-approved site plans. . The number of dwelling units in each building. . The number of bedrooms in each dwelling unit. . The total amount paid and itemized into how much is for water and how much is for sewer. (CBBCO, Chapter 26, Article II, Sections 26-34) 18. Pursuant to approval by the City Commission and all other outside agencies, X the plans for this project must be submitted to the Building Division for review at the time of permit application submittal. The plans must incorporate all the conditions of approval as listed in the development order and approved by the City Commission. 19. The full address of the project shall be submitted with the construction X documents at the time of permit application submittal. The addressing plan shall be approved by the United States Post Office, the City of Boynton Beach Fire Department, the City's GIS Division, and the Palm Beach County Emergency 911. . Palm Beach County Planning, Zoning & Building Division, 100 Australian Avenue, West Palm Beach (Sean McDonald 561-233-5013) . US Post Office, Boynton Beach (Michelle Bullard 561-734-0872) COA 04/18/08 4 I II DEP ARTMENTS INCLUDE REJECT 20. This project falls under the guidelines of the Florida and Federal Fair X Housing Acts. The following requirements shall be clearly shown on the plans: . The accessible building entrance shall be on an accessible route. . Public and common use areas must be readily accessible to and usable by people with disabilities. . An accessible route shall be provided into and through the covered dwelling unit. . All doors designed to allow passage into and within all premises shall be wide enough to allow passage by persons in wheelchairs. . Light switches, electrical outlets, thermostats and other environmental controls shall be in accessible locations. 21. All premises shall contain reinforcements in bathroom walls for future X i installation of grab bars. PARKS AND RECREATION ._---_._~ Comments: _.----- 22. Park Impact fees (to be paid at time of permitting) will be: 7 units at X $1,045.00 each = $7,315. I FORESTER/ENVIRONMENT ALIST I Comments: None X PLANNING AND ZONING -- r-- I I Comments: i 23. Execute, and record into public record the Warranty Deed and the Unity of X Title, and submit copies of each to Planning & Zoning prior to permitting. ; 24. The applicant is responsible for compliance with Ordinance 05-060, the "Art X l in Public Places" program and must demonstrate their participation. Indicate location of proposed public art on site plan and landscape plan or note details ! of off-site selection. i 25. Prior to permitting, revise floor plan (sheet A-6) to label Units 2-4 as Units I- X 3. 26. Revise Photometric plan to include light levels all around proposed X buildings demonstrating compliance with minimum average light level of one (1) foot candle on site. On the photometric plan, continue the light level readings to all property lines, to ensure no light spillage onto adjacent properties. ! i COA 04/18/08 5 , , DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determine. MWR/kz S:\Planning\SHARED\ WP\PROJECTS\Boynton Vistas meOA.doc Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Motion Mr. Myatt moved approval. Ms. Grcevic seconded the motion that passed unanimously. B. Boynton Vistas II Maior Site Plan Modification 1. PROJECT: Boynton Vistas II ,(~SPM 07-004) AGENT: !.! ~ :,. ~ ',' t ' Jeff Wolff, Wolff &tfCDG>'mpany, Inc. OWNER: Wolff & Compalily;,anp:. LOCATION: 420 NE 1ih,,~~mue' t ';t', DESCRIPTION: Request f~mt4ajor Site PI~T'l~odification approvftl!~o;allow constructi~I71!~f seven additi~nar multi-family reside~ri~crll,ftpartment uni~lj~two, l-~tq>~ bUildings,anOl,ft 1,000 squareifo>ot r~riI;ai;office on a 1.76-acre site 'qnHL, _:;1:nJf~F' zoned RL'3H~!ulti-family Residential. Ms. Zeitler noted the subject pro'pertv;,~or the pro~os~? Boynton Vistas II project "i.!r. '..,,:,'i:".,.. " consisted of a proposed 1-story buildJl1lg withlfo~runitsrCl}-story building with three units, and a 1,000 square foot rental offii,ce. The:p~Oj~ctwas!proposed at the maximum density. The proposed rental office couldnot becOnverted into an additional dwelling unit in the future. Staff reviewed the site plan and!determine&the project, along with the recommended conditions of approval, c;:()r;npli~P'Ni~~tp~Jftn? Development Regulations. The project had received appr?yal fon1~raffic arid> school concurrency. The existing parking lot would be reconfigured ,and upgraded to several current Code requirements for traffic and pedestrian circulation, accessibility and landscaping. The parking lot would be resurface? and restripedand w0uld include new curbing, landscaped islands and "'.'.,,.\ sidewalks'yThe project Pl19posed a mix of two and three-bedroom units, based on 19 total units">,Rmg 1,000 sqH~re feet of office space. The project required 42 parking spaces and ant~~~I, of 4S1ij~rking spaces were provided, included two handicap spaces. The entire site:j~?~jld,(~~lnandscaped to comply with current requirements. A large, open-space area, amR~~Ximately 100 feet by 100 feet, would remain vacant, serving as 'j',';-' usable open space and a recreation area for the residents. Building "A" would contain four dwelling units and Building "B" would contain three dwelling units and an office. The minimum living area for multi-family units in the R-3 zoning district was 750 square feet. Each of the dwelling units, and the office would be approximately 1,000 square feet in size. Staff reviewed this request for major site plan modification and was recommending approval with conditions. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida April 22, 2008 Jeff Wolff, President, Wolff & Company, Inc., and owner of Boynton Vistas, concurred with all the conditions of approval. He noted the existing buildings were fully occupied and as such, there was a need for the project. Additionally, in order to accommodate requests of Section 8 Housing and Affordable Housing, he included three-bedroom, and three-bath units in the mix. Board discussion ensued. Highlights included: ~ ~ dBh~ + The floor plan was not good, as the bedrooms were I~lrget than they needed to 1\'>:","';" be (especially the master bedroom), while the Iixj~~Hroom and dining rooms should be larger. r :;rHn + The plan was consistent with today's market, and the kitchen and bedrooms were the most important features. Mr. Wolff noted, in dealing with handicaplis~ues, hedwas requester~l1t~i.modify the bathrooms, which reduced the size of the li~l~gl.arecnHH~epresentativesiio(companies with which he dealt believed it was more irHW~~Htrfor individuals to be able to navigate more easily in the bedro~~!t~R~n in th~lll~!ng rooms. Mr. Wolff advised all units in the development were reritarl~l!~mGf;I,inhiS opiniop" were very marketable. He was prepared to build the units imrM~bjat~lyll~R~l;t appr6W~li; He added funding should be available within the next 30 days.'q!~'t pOiii~~~l!PWjtlthe;lfIpbr plans for the proposed units were consistent wit!1!l~m~.floor pl~h~; ofti~~el' e~i~t!imQi;buildings, and the proposed units would be u~i~~~Manl~II~~oVide n~t~i~he shutt~rs. He reiterated Section 8 Housing would bepf;(jvided pursW~nt to theiffiCllir Housing Act. Board discussion ensuedL,Hi9hIi9Mtsir:tcluded:; ! : \ ;, i ~. " \ i , , , , .,- , <~ ~ ' ;'!; ; -; ii' ,; i: ' ; I .. -, "'..,.,.,....,.".. -,' '-;'Y",' ';;-.;:.'.' + As the uhits~XiS~i;M~'buildin~;~ were fully occupied, the need existed for the development. .' ". .' +f-he'r1eCessity for tHW1provisj6i~ of Section 8 Housing was noted. i!:i Motion . , Mr. Lis moved to approve, with all conditions of approval as noted. Mr. Saberson seconded the motion that passed 5-1 (Mr. Myatt dissenting). Mr. Barnes arrived at 7:05 p.m. Ed Breese, Principal Planner, requested Items l.CI., Safe & Secure Phase III, Major Site Plan Modification, and l.C2., Safe & Secure Phase III, Community Design Plan Appeal, be addressed simultaneously for presentation and voted on individually. The board had no objection to the request. 6 IX. - CITY MANAGER'S REPORT ITEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 3 I, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) ~ May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D AnnouncementslPresentations ~ City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Authorize Legal to develop a resolution identifying areas as depicted on the attached four (4) maps (CRA District) as designated Brownfield Areas and to further authorize staff to contract for professional services (licensed surveyor) to provide legal descriptions for establishment of the Brownfield Areas. Staff anticipates the cost to be approximately $30,000, although firm pricing has not yet been obtained. EXPLANATION: Per the direction of the City Commission at the April 15, 2008 meeting, staffhas identified the following areas for designation as Brownfield Areas within the boundary of the Boynton Beach CRA: . Commercial parcels - 403 parcels . Industrial parcels - 73 parcels . Residential- 296 parcels . Mixed Use - 16 parcels . Public Use - 13 parcels . Recreation - 2 parcels PROGRAM IMP ACT: The following is the statutory notice requirement for designating a Brownfield Area that is in the CRA district A local government with jurisdiction over the brownfield area must notify the department of its decision to designate a brownfield area for rehabilitation for the purposes of ss. 376.77-376.85. The notification must include a resolution, by the local government body, to which is attached a map adequate to clearly delineate exactly which parcels are to be included in the brownfield area or alternatively a less-detailed map accompanied by a detailed legal description of the brownfield area. If a property owner within the area proposed for designation by the local government requests in writing to have his or her property removed from the proposed designation, the local government shall grant the request. For municipalities, the governing body shall adopt the resolution in accordance with the procedures outlined in s. 166.04 I, except that the notice for the public hearings on the proposed resolution must be in the form established in s. 166.041(3) (c), FISCAL IMPACT: The survey costs shall be paid for by the CRA therefore there is no fiscal impact to the City at this time. GIS staff is working on developing maps with adequate detail to meet the statutory requirements in lieu of having to hire a professional surveyor to develop legal descriptions. However, in the event we are unable to do so we will need the services of a surveyor. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM AL TERNA TIVES: Do not authorize Legal to develop a resolution designating certain areas within the CRA boundary as Brownfield Areas, ~ "-I ' -7) . ,,*, (' " , // l a Z'L . _0" i. ~ \..'" - -- ~ Department Head's Signature City Manager's Signature Assistant to City Manager ~. I, J 'Ii [' ~ i '} , J) <t 1'#', V L (. " ./ c,' t /1 Department Name City Attorney! Finance <;,.BULl.FTIN\.FORMS\AGFNDA ITEM REQUEST FORMDOC , , CRA COMMERCIAL AND INDUSTRIAL PARCELS ADDRESS COMMENT peN ZONING 359 INDUSTRIAL AVE 08-43-45-20-02-000-0090 M1 - LIGHT INDUSTRIAL 410 NE 10TH AVE 08-43-45-21-04-000-0022 C2 - NEIGHBORHOOD COMMERCIAL 617 INDUSTRIAL AVE 08-43-45-20-02-002-0070 M1 - LIGHT INDUSTRIAL 332 W BOYNTON BEACH BLVD 08-43-45-28-10-002-0012 C2 - NEIGHBORHOOD COMMERCIAL 709 S FEDERAL HWY 08-43-45-28-00-000-5020 C3 - COMMUNITY COMMERCIAL 117 NE 10TH AVE 08-43-45-21-25-001-0080 C2 - NEIGHBORHOOD COMMERCIAL 306 SE 1ST AVE 08-43-45-28-03-011-0040 C2 - NEIGHBORHOOD COMMERCIAL 910 SE 4TH ST 08-43-45-28-00-000-5070 C3 - COMMUNITY COMMERCIAL 319 E BOYNTON BEACH BLVD 08-43-45-21-05-000-0010 C3 - COMMUNITY COMMERCIAL 607 N SEACREST BLVD 08-43-45-21-07-002-1300 C2 - NEIGHBORHOOD COMMERCIAL 3701 S FEDERAL HWY 08-43-46-04-08-000-0212 C3 - COMMUNITY COMMERCIAL 635 E BOYNTON BEACH BLVD 08-43-45-22-01-000-0260 CBD - CENTRAL BUSINESS DISTRICT 226 W BOYNTON BEACH BLVD 08-43-45-28-10-003-0011 C2 - NEIGHBORHOOD COMMERCIAL 402 E OCEAN AVE 08-43-45-28-03-008-0060 C2 - NEIGHBORHOOD COMMERCIAL 351 SE 4TH ST 08-43-45-28-07-002-0030 C3 - COMMUNITY COMMERCIAL 413 & 417 E BOYNTON BEACH BLVD 08-43-45-21-18-000-0010 C3 - COMMUNITY COMMERCIAL 2030 N FEDERAL HWY 08-43-45-15-03-000-0102 C3 - COMMUNITY COMMERCIAL 633 NW 1ST AVE 08-43-45-29-01-002-0071 C2 - NEIGHBORHOOD COMMERCIAL 418 SE 4TH AVE 08-43-45-28-08-000-0080 C3 - COMMUNITY COMMERCIAL 824 NE 3RD ST 08-43-45-21-18-000-1080 C4 - GENERAL COMMERCIAL 1901 S FEDERAL HWY 08-43-45-33-00-000-1480 C3 - COMMUNITY COMMERCIAL 724 N FEDERAL HWY 08-43-45-22-03-002-0230 C4 - GENERAL COMMERCIAL 433 W BOYNTON BEACH BLVD 08-43-45-21-15-000-0830 C2 - NEIGHBORHOOD COMMERCIAL HIGH RIDGE RD VACANT LOT 08-43-45-21-00-000-3090 M1 - LIGHT INDUSTRIAL NE 10TH AVE VACANT LOT 08-43-45-21-10-005-0090 C2 - NEIGHBORHOOD COMMERCIAL 918 SE 4TH ST 08-43-45-28-24-000-0231 C3 - COMMUNITY COMMERCIAL NE 4TH ST VACANT LOT 08-43-45-22-01-000-0230 CBD - CENTRAL BUSINESS DISTRICT 417 & 419 N FEDERAL HWY 08-43-45-21-26-005-0030 CBD - CENTRAL BUSINESS DISTRICT 109 E BOYNTON BEACH BLVD BAYS A THRU L 08-43-45-21-30-001-0150 C3 - COMMUNITY COMMERCIAL 117 E BOYNTON BEACH BLVD 08-43-45-21-30-001-0150 C3 - COMMUNITY COMMERCIAL 510 W INDUSTRIAL AVE 08-43-45-20-17-000-0300 M1 - LIGHT INDUSTRIAL NE 15TH AVE VACANT LOT 08-43-45-22-00-002-0050 C3 - COMMUNITY COMMERCIAL 510 NE 3RD ST 08-43-45-21-18-000-0470 C4 - GENERAL COMMERCIAL 415 N SEACREST BLVD 08-43-45-21-07-001-1450 C2 - NEIGHBORHOOD COMMERCIAL 214 NW 3RD ST 08-43-45-28-10-002-0011 C2 - NEIGHBORHOOD COMMERCIAL 511 NE 4TH ST 08-43-45-21-26-003-0020 C4 - GENERAL COMMERCIAL 558 GATEWAY BLVD 08-43-45-15-07-013-0090 C2 - NEIGHBORHOOD COMMERCIAL 1601 S FEDERAL HWY 08-43-45-33-00-000-1011 C3 - COMMUNITY COMMERCIAL S FEDERAL HWY VACANT LOT 08-43-45-28-07-001-0130 C3 - COMMUNITY COMMERCIAL SE 4TH ST VACANT LOT 08-43-45-28-07-001-0180 C3 - COMMUNITY COMMERCIAL 506 NE 3RD ST , 08-43-45-21-18-000-0480 C4 - GENERAL COMMERCIAL 510 W INDUSTRIAL AVE 08-43-45-20-00-000-0071 M1 - LIGHT INDUSTRIAL 505 INDUSTRIAL AVE 08-43-45-20-02-000-0130 M1 - LIGHT INDUSTRIAL 1300 W INDUSTRIAL AVE BAYS 101 THRU 107 08-43-45-20-20-000-0140 M1 - LIGHT INDUSTRIAL NE 10TH AVE VACANT LOT 08-43-45-21-25-001-0110 C2 - NEIGHBORHOOD COMMERCIAL 610 N FEDERAL HWY 08-43-45-22-02-002-0010 CBD - CENTRAL BUSINESS DISTRICT 606 W INDUSTRIAL AVE 08-43-45-20-17-000-0240 M1 - LIGHT INDUSTRIAL 1140 W INDUSTRIAL AVE 08-43-45-20-20-000-0111 M1 - LIGHT INDUSTRIAL 301 N FEDERAL HWY 08-43-45-21-26-007-0020 CBD - CENTRAL BUSINESS DISTRICT 502 NE 3RD ST 08-43-45-21-18-000-0490 C4 - GENERAL COMMERCIAL 309 NE 3RD ST 08-43-45-21-18-000-009O C4 - GENERAL COMMERCIAL 407 E OCEAN AVE 08-43-45-28-03-005-0091 C2 - NEIGHBORHOOD COMMERCIAL 301 W BOYNTON BEACH BLVD 08-43-45-21-07-001-1790 C2 - NEIGHBORHOOD COMMERCIAL 1010 N SEACREST BLVD 08-43-45-21-10-005-0010 C2 - NEIGHBORHOOD COMMERCIAL 415 SE 5TH AVE 08-43-45-28-07-002-0112 C3 - COMMUNITY COMMERCIAL 2602 N FEDERAL HWY 08-43-45-15-02-000-0680 C3 - COMMUNITY COMMERCIAL 521 INDUSTRIAL AVE 08-43-45-20-02-000-0170 M1 - LIGHT INDUSTRIAL 817 N RAILROAD AVE 08-43-45-21-18-000-1050 C4 - GENERAL COMMERCIAL 555 W OCEAN AVE 08-43-45-28-15-074-0070 M1 - LIGHT INDUSTRIAL 627 NE 6TH AVE 08-43-45-22-02-001-0070 CBD - CENTRAL BUSINESS DISTRICT 444 W BOYNTON BEACH BLVD I 08-43-45-28-27-000-0051 C2 - NEIGHBORHOOD COMMERCIAL 405 E OCEAN AVE I 08-43-45-28-03-005-0080 C2 - NEIGHBORHOOD COMMERCIAL 225 W BOYNTON BEACH BLVD , 08-43-45-21-07-001-1131 C2 - NEIGHBORHOOD COMMERCIAL 403 NE 3RD ST 08-43-45-21-18-000-0300 C4 - GENERAL COMMERCIAL 409 NE 3RD ST 08-43-45-21-18-000-0300 C4 - GENERAL COMMERCIAL 411 NE3RDST I 08-43-45-21-18-000-0300 C4 - GENERAL COMMERCIAL 419 NE 3RD ST 08-43-45-21-18-000-0300 C4 - GENERAL COMMERCIAL 640 E OCEAN AVE 08-43-45-27-04-000-0560 CBD - CENTRAL BUSINESS DISTRICT N FEDERAL HWY VACANT LOT 08-43-45-22-08-000-0140 C4 - GENERAL COMMERCIAL NW 1STST VACANT LOT 08-43-45-21-07-003-1300 C2 - NEIGHBORHOOD COMMERCIAL 404 W BOYNTON BEACH BLVD I 08-43-45-28-10-001-0010 C2 - NEIGHBORHOOD COMMERCIAL 221 NW 3RD ST 08-43-45-28-10-001-0010 C2 - NEIGHBORHOOD COMMERCIAL 509 INDUSTRIAL AVE 08-43-45-20-02-000-0140 M1 - LIGHT INDUSTRIAL 2319 S FEDERAL HWY 08-43-45-33-06-000-0010 C3 - COMMUNITY COMMERCIAL 500 SE 36TH AVE BAYS 101 THRU 210 08-43-46-04-08-000-0202 C3 - COMMUNITY COMMERCIAL 416 N FEDERAL HWY 08-43-45-22-01-000-0240 CBD - CENTRAL BUSINESS DISTRICT 1935 S FEDERAL HWY 08-43-45-33-00-000-1260 C3 - COMMUNITY COMMERCIAL 915 S FEDERAL HWY 08-43-45-28-24-000-0200 C3 - COMMUNITY COMMERCIAL 333 - 357 SE 23RD AVE 08-43-45-33-03-000-0220 C2 - NEIGHBORHOOD COMMERCIAL 1 ADDRESS ! COMMENT ______ PCN ZONING 508 E BOYNTON BEACH BLVD _ _ ___ I 08-43-45-28-03-001-0060 CBD - CENTRAL BUSINESS DISTRICT S FEDERAL HWY i VACANT LOT ..,. 08-43-46-04-17-000-0651 C3 - COMMUNITY COMMERCIAL 306 E BOYNTON BEACH BLVD i 08-43-45-28-03-003-0031 C2 - NEIGHBORHOOD COMMERCIAL 620 NE 3RD ST ---~--- . ! ,..- --r 08-43-45-21-18-000-0620 C4 - GENERAL COMMERCIAL 119 NE 10TH AVE .--,.-- I - -, 08-43-45-21-25-001-0060 C2 - NEIGHBORHOOD COMMERCIAL 432 W BOYTNON BEACH BLVD 08-43-45-28-11-000-0050 I C2 - NEIGHBORHOOD COMMERCIAL 1009 N FEDERAL HWY I ------~-- - 08-43-45-21-32-001-0030 C4 - GENERAL COMMERCIAL 404 SE 23RD AVE 1--- -----.----- -~ 08-43-45-33-06-000-0110 C2 - NEIGHBORHOOD COMMERCIAL 1730 N FEDERAL HWY 1-----=_ 08-43-45-15-03-000-0160 C3 - COMMUNITY COMMERCIAL 419 SE 4TH ST j 08-43-45-28-08-000-0010 C3 - COMMUNITY COMMERCIAL -- 206 NE 10TH AVE-----__ _ ".---'----- ::-=:-----r- _08-43-45-21-04-000-0202 C2 - NEIGHBORHOOD COMMERCIAL 104 S FEDERAL HWY , 08-43-45-27-04-000-0021 CBD - CENTRAL BUSINESS DISTRICT NE 4TH AVE I - -- VACANT LOT 08-43-45-21-18-000-0360 C4 - GENERAL COMMERCIAL 302 W BOYNTON BEACH BLVD I ------- 08-43-45-28-10-002-0100 C2 - NEIGHBORHOOD COMMERCIAL 3000 S FEDERAL HWY I _ _ :::::::.. __ 08-43-46-04-00-000-1040 C3 - COMMUNITY COMMERCIAL 1406 N FEDERAL HWY 08-43-45-22-07-000-0491 I C4 - GENERAL COMMERCIAL- 520 SE 21ST AVE ,...- I 08-43-45-33-00-000-1030 C3 - COMMUNITY COMMERCIAL - 2921 S FEDERAL HWY ,. .___:_=-=:: __,____ 08-43-45-33-00-000-5021 I C3 - COMMUNITY COMMERCIAL 2703 S FEDERAL HWY _ .. ___ __ ___.1 08-43-45-33-00-000-5090 ' C3 - COMMUNITY COMMERCIAL -- 409 INDUSTRIAL AVE i 08-43-45-20-02-000-0100 M1 - LIGHT INDUSTRIAL 124 NE 10TH AVE ----~----- i 08-43-45-21-10-005-0060 T C2 - NEIGHBORHOOD COMMERCIAL" N FEDERAL HWY ---,- -- ,-- VACANT LO:C- :::=_.1 08-43-45-15-03-000-0114 C3 - COMMUNITY COMMERCIAL __ 2610 N FEDERAL HWY ______ __ . ---1.--- 08-43-45-15-02-000-0620 ' C3 - COMMUNITY COMMERCIAL 206 S FEDERAL HWY i 08-43-45-27-04-000-0090 ! CBD - CENTRAL BUSINESS DISTRICT 1105 SE 2ND ST--~- _____ 08-43-45-28-23-007-0010 C3 - COMMUNITY COMMERCIAL 1107 SE 2ND ST 08-43-45-28-23-007-0010 ' C3 - COMMUNITY COMMERCIAL 1115 SE 2ND ST -- i --..----- -------0- 08-43-45-28-23-007-0010 I C3 - COMMUNITY COMMERCIAL NE 3RD ST I VACANT LOT I 08-43-45-21-18-000-1540 C2 - NEIGHBORHOOD COMMERCIAL 625 E BOYNTON BEACH BLVD' - 08-43-45-22-01-000-0271 CBD - CENTRAL BUSINESS DISTRICT 226 NE 3RD ST -~ ----- --, 08-43-45-28-03-002-0080 C2 - NEIGHBORHOOD COMMERCIAL 208 NE 3RD ST ----- --- - .----- 08-43-45-28-03-002-0080 C2 - NEIGHBORHOOD COMMERCIAL 210 NE 3RD ST ------- ------- i 08-43-45-28-03-002-0080 C2 - NEIGHBORHOOD COMMERCIAL 216 NE 3RD ST _____ 08-43-45-28-03-002-0080 C2 - NEIGHBORHOOD COMMERCIAL 217 NE 3RD ST 08-43-45-28-03-002-0080 C2 - NEIGHBORHOOD COMMERCIAL 218 NE 3RD ST ----- . .-.-- 08-43-45-28-03-002-0080 C2 - NEIGHBORHOOD COMMERCIAL 224 NE 3RD ST I 08-43-45-28-03-002-0080 ! C2 - NEIGHBORHOOD COMMERCIAL 202 W BOYNTON BEACH BLVD 08-43-45-28-10-003-0090 I C2 - NEIGHBORHOOD COMMERCIAL 435 W BOYNTON BEACH BLVD , " , " , , ---------- ,._ 08-43-45-21-16-000-1300 C2 - NEIGHBORHOOD COMMERCIAL 401 W BOYNTON BEACH BLVD-------------.. -------- 08-43-45-21-16-000-1270 C2- NEIGHBORHOOD COMMERCIAL 403 W BOYNTON BEACH BLVD . --- '." .--- -- ----- 08-43-45-21-16-000-1270 C2 - NEIGHBORHOOD COMMERCIAL 405 W BOYNTON BEACH BLVD --- - ---------- --- "'.. --, 08-43-45-21-16-000-1270 C2 - NEIGHBORHOOD COMMERCIAL 409 W BOYNTON BEACH BLVD___ _______ -==__ -t 08-43-45-21-16-000-1270 I C2 - NEIGHBORHOOD COMMERCIAL 411 N FEDERAL HWY 08-43-45-21-26-005-0050 1 CBD - CENTRAL BUSINESS DISTRICT 623 N RAILROAD AVE - - ---------- ------ --T 08-43-45-21-18-O00-0601! M1 - LIGHT INDUSTRIAL 627 NE 6TH AVE_____ ___ . _ _::::- 08-43-45-22-02-001-0070 I CBD - CENTRAL BUSINESS DISTRICT 1900 N FEDERAL HWY + 08-43-45-15-06-001-0210 . C3 - COMMUNITY COMMERCIAL 126 W BOYNTON BEACH BLVD .___ __~___ +_ 08-43-45-28-10-004-0050 , C3 - COMMUNITY COMMERCIAL 725 N FEDERAL HWY _ __________ _ 08-43-45-21-32-001-0180 I C3 - COMMUNITY COMMERCIAL 721 N FEDERAL HWY i __ ,,____ ---4 08-43-45-21-32-001-0180 I C3 - COMMUNITY COMMERCIAL _ 723 N FEDERAL HWY, 08-43-45-21-32-001-0180 C3 - COMMUNITY COMMERCIAL 425 NE 10TH AVE ----- ---r----:::-::-=-- 08-43-45-21-22-006-0021 . 1_ C2 - NEIGHBORHOOD COMMERCIAL 612 W INDUSTRIAL AVE' 08-43-45-20-02-001-0010 M1 - LIGHT INDUSTRIAL 413&415EOCEANAVE --- -,,=t=, , I .-_____",:-,.,_,_",__:..___ -:::: .",-0 08-43-45-28-03-005-0100 C2-NEIGHBORHOODCOMMERCIAL- 101 N FEDERAL HWY m_ 08-43-45-28-03-006-0130 CBD - CENTRAL BUSINESS DISTRICT 611 DIMICK RD ,- -.. -- - ---- - 08-43-45-15-02-000-0010 C3 - COMMUNITY COMMERCIAL 2626 N FEDERAL HWY ".,~'--.. I ---------- 08-43-45-15-02-000-0010 C3 - COMMUNITY COMMERCIAL 705 E OCEAN AVE------- ----- -' -------' 08-43-45-27-03-000-0132 t CBD - CENTRAL BUSINESS DISTRICt- 115 SE 4TH ST______n__ =:::::_:-=-=_+ 08-43-45-28-03-008-0110 ,,_c:BD- CENTRAL BUSINESS DISTRICT 401 N RAILROAD AVE ,08-43-45-21-18-000-0181 M1 - LIGHT INDUSTRIAL 409 NE 10TH AVE n ..----- ---- -------------------, 08-43-45-21-27-001-0060 C2 -NEIGHBORHOOD COMMERCIAL 630 W INDUSTRIAL AVE -------------------------- ,., ,,------ l' 08-43-45-20-02-002-0090 M1 - LIGHT INDUSTRIAL 416 E BOYNTON BEACH BLVD---- ----. -..--,.------ ,,',--- - i 08-43-45-28-03-002-0030 -i C3 - COMMUNITY COMMERCIAL- 301 E BOYNTON BEACH BLVD - 1 08-43-45-21-05-000-0030 i C3 - COMMUNITY COMMERCIAL . 309 E BOYNTON BEACH BLVD _' -- - . :-1-------- ,:..::::_ :-::::::-::::;:---- --J 08-43-45-21-05-000-0030 I C3 - COMMUNITY COMMERCIAL-- 311 E BOYNTON BEACH BLV[)__ __ _ '_____. ,_,__ ,__, . ________ _____ '08-43-45-21-05-000-0030 ~ C3 - COMMUNITY COMMERCIAL 640 E OCEAN AVE! 08-43-45-27-04-000-0560 CBD - CENTRAL BUSINESS DISTRICT 104 NW 5TH AVE ,- . -------- ------ 08-43-45-21-07-002-1450 -, C2 - NEIGHBORHOOD COMMERCIAL --..,- t -- ------ 413 W BOYNTON BEACH BLVD 08-43-45-21-15-000-0871 C2 - NEIGHBORHOOD COMMERCIAL 515 S FEDERAL HWY I - ------ .- 08-43-45-28-07-001-0202 C3 - COMMUNITY COMMERCIAL - 1105 & 1109 N FEDERAL HWY- --- -------r---::-_::-::::::::=_:--- :::__ ..::_ 08-43-45-21-32-008-0020 C4 - GENERAL COMMERCIAL 111 NE 10TH AVE' 08-43-45-21-25-001-0100 I C2 - NEIGHBORHOOD COMMERCIAL 413 N RAILROAD AVE -.. ---------- - 08-43-45-21-18-000-0210, M1 - LIGHT INDUSTRIAL S FEDERAL HWY VACANT LOT -- 08-43-45-27-00-000-3070 CBD - CENTRAL BUSINESS DISTRICT N FEDERAL HWY U_ --- , VACANT LOT '08-43-45-22-01-000-0272 CBD - CENTRAL BUSINESS DISTRICT 512 N FEDERAL HWY -0 08-43-45-22-05-000-0010 CBD - CENTRAL BUSINESS DISTRICT 703 S FEDERAL HWY ---- ----------- ---------- - ---- -T 08-43-45-28-00-000-5010 C3 - COMMUNITY COMMERCIAL-- 617 INDUSTRIAL AVE -----'1------------- "-----+ 08-43-45-20-02-002-0080 M1 - LIGHT INDUSTRIAL - 710 N FEDERAL HWY ---=r:::==:==; _ ::-:::j__ 08-43-45-22-00-000-7020 CBD - CENTRAL BUSINESS DISTRICT 412 SE 23RD AVE t I 08-43-45-33-06-000-0120 C2 - NEIGHBORHOOD COMMERCIAL 2235 N FEDERAL HWY " -------r. 08-43-45-15-03-000-0302 C2 - NEIGHBORHOOD COMMERCIAL 129 E BOYNTON BEACH BLVD _____~_____ ----- - ---::____.. 08-43-45-21-30-001-0200 1- C3 - COMMUNITY COMMERCIAL _ 407 SE 4TH ST 08-43-45-28-07-002-0050 , C3 - COMMUNITY COMMERCIAL -, . ADDRESS I cnMMENT PeN I ZONING 870 W INDUSTRIAL AVE 08-43-45-20-20-000-0020 M1 - LIGHT INDUSTRiAl 413 SE 4TH ST 08-43-45-28-07-002-0060 C3 - COMMUNITY COMMERCIAL 401 & 403 SE 23RD AVE 08-43-45-33-06-000-0100 C2 - NEIGHBORHOOD COMMERCIAL 420 W BOYNTON BEACH BLVD BAYS 200 THRU 203 08-43-45-28-11-000-0030 C2 - NEIGHBORHOOD COMMERCIAL 906 S FEDERL HWY 08-43-45-27-06-000-0460 C3 - COMMUNITY COMMERCIAL SE 1ST AVE VACANT LOT 08-43-45-27-04-000-0650 CBD - CENTRAL BUSINESS DISTRICT 523 SE 5TH AVE 08-43-45-28-07-001-0201 C3 - COMMUNITY COMMERCIAL 110NE 10TH AVE 08-43-45-21-10-005-0030 C2 - NEIGHBORHOOD COMMERCIAL 907 N FEDERAL HWY 08-43-45-21-32-001-0090 C4 - GENERAL COMMERCIAL N FEDERAL HWY VACANT LOT 08-43-45-22-08-000-0150 C4 - GENERAL COMMERCIAL 213 W BOYNTON BEACH BLVD 08-43-45-21-07-001-1101 C2 - NEIGHBORHOOD COMMERCIAL 611 INDUSTRIAL AVE 08-43-45-20-02-000-0201 Ml - LIGHT INDUSTRIAL 211 & 213 E BOYNTON BEACH BLVD 08-43-45-21-05-000-0070 C3 - COMMUNITY COMMERCIAL 711 N RAILROAD AVE 08-43-45-21-18-000-0990 Ml - LIGHT INDUSTRIAL 1808 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1824 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1832 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1840 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1848 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1856 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1864 N FEDERAL HWY 08-43-45-15-08-002-0180 C3 - COMMUNITY COMMERCIAL 1872 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1880 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1888 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 1896 N FEDERAL HWY 08-43-45-15-06-002-0180 C3 - COMMUNITY COMMERCIAL 422 W INDUSTRIAL AVE 08-43-45-20-17-000-0330 Ml - LIGHT INDUSTRiAl SE 2ND ST VACANT LOT 08-43-45-28-01-000-0331 C3 - COMMUNITY COMMERCIAL 645 INDUSTRIAL AVE 08-43-45-20-02-002-0020 M1 - LIGHT INDUSTRiAl 114 SE 3RD ST 08-43-45-28-03-008-0071 C2 - NEIGHBORHOOD COMMERCIAL 1017 N FEDERAL HWY 08-43-45-21-32-001-0010 C4 - GENERAL COMMERCIAL S FEDERAL HWY VACANT LOT 08-43-46-04-17-000-0690 C3 - COMMUNITY COMMERCIAL 445 N FEDERAL HWY 08-43-45-21-26-005-0010 C4 - GENERAL COMMERCIAL SE 23RD AVE VACANT LOT 08-43-45-33-06-000-0041 C2 - NEIGHBORHOOD COMMERCIAL NE 3RD ST VACANT LOT 08-43-45-28-03-005-0040 C2 - NEIGHBORHOOD COMMERCIAL 1950 S FEDERAL HWY 08-43-45-33-00-000-1020 C3 - COMMUNITY COMMERCIAL 2311 S FEDERAL HWY 08-43-45-33-03-000-0012 C3 - COMMUNITY COMMERCIAL 643 NE 4TH AVE 08-43-45-22-01-000-0050 CBD - CENTRAL BUSINESS DISTRICT 405 NE 10TH AVE 08-43-45-21-27-001-0080 C2 - NEIGHBORHOOD COMMERCIAL 609 N FEDERAL HWY 08-43-45-21-26-001-0080 CBD - CENTRAL BUSINESS DISTRICT 417 N RAILROAD AVE I 08-43-45-21-18-000-0220 Ml - LIGHT INDUSTRiAl 609 N RAILROAD AVE 08-43-45-21-18-000-0560 Ml - LIGHT INDUSTRIAL 505 & 507 N FEDERAL HWY 08-43-45-21-28-004-0090 CBD - CENTRAL BUSINESS DISTRICT 125 E BOYNTON BEACH BLVD 08-43-45-21-30-001-0190 C3 - COMMUNITY COMMERCIAL W BOYNTON BEACH BLVD VACANT LOT 08-43-45-28-10-004-0090 C2 - NEIGHBORHOOD COMMERCIAL 605 N SEACREST BLVD 08-43-45-21-07-002-1311 C2 - NEIGHBORHOOD COMMERCIAL NW 2ND AVE VACANT LOT 08-43-45-28-15-074-0090 Ml - LIGHT INDUSTRiAl 1532 S FEDERAL HWY RIVERWALK PLAZA 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1602 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1606 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1808 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1610 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCiAl 1614 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1616 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1618 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1622 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1624 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1626 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1628 S FEDERAL HWY 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1630 S FEDERAL HWY I 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1632 S FEDERAL HWY I 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 1634 S FEDERAL HWY I 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 600 E WOOLBRIGHT RD 08-43-45-33-00-000-1370 C3 - COMMUNITY COMMERCIAL 615 OAK ST #B 08-43-45-15-06-001-0170 C3 - COMMUNITY COMMERCIAL 905 N RAILROAD AVE 08-43-45-21-18-000-1480 Ml - LIGHT INDUSTRIAL 1001 N RAILROAD AVE 08-43-45-21-18-000-1510 C2 - NEIGHBORHOOD COMMERCIAL 611 NE 3RD ST 08-43-45-21-18-000-0710 C4 - GENERAL COMMERCIAL 711 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 410 N FEDERAL HWY 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 406 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 408 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 520 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 522 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 524 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 532 E OCEAN AVE 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 709 E OCEAN AVE I 08-43-45-27-03-000-0131 CBD - CENTRAL BUSINESS DISTRICT 3705 S FEDERAL HWY 08-43-48-04-08-000-0201 C3 - COMMUNITY COMMERCIAL NE 10TH AVE VACANT LOT 08-43-45-21-25-001-0121 C2 - NEIGHBORHOOD COMMERCIAL POTTER RD VACANT LOT 08-43-45-15-02-000-0760 C3 - COMMUNITY COMMERCIAL 400 & 402 W INDUSTRIAL AVE 08-43-45-20-17-000-0390 Ml - LIGHT INDUSTRIAL 217 N FEDERAL HWY 08-43-45-28-03-001-0010 CBD - CENTRAL BUSINESS DISTRICT POTTER RD VACANT LOT 08-43-45-15-02-000-0720 C3 - COMMUNITY COMMERCIAL 739 E OCEAN AVE 08-43-45-27-03-000-0171 CBD - CENTRAL BUSINESS DISTRICT 3 ADDRESS ~ COM"'" +- '0' "',,,,. 925 N FEDERAL HWY -~--- - 08-43-45-21-32-001-004{ C4 - GENERAL COMMERCIAL- 301 SE 10TH AVE --- ----- 08-43-45-28-23-005-0181 C3 - COMMUNITY COMMERCIAL 1002 N FEDERAL HWY _. . _ _-----==:::---=--=-=-_--L_ 08-43-45-21-32-003-0230 C4 - GENERAL COMMERCIAL 1006 SE 4TH ST , i 08-43-45-28-24-000-0220 C3 - COMMUNITY COMMERCIAL N FEDERAL HWY VACANT LOT, ,'08-43-45-15-03-000-0043 C3 - COMMUNITY COMMERCIAL 1100 S FEDERAL HWY 'BAYS 1 THRU 7 . ----I 08-43-45-28-24-000-0010 C1 - OFFICE PROFESSIONAL 915 N FEDERAL HWY i 08-43-45-21-32-001-0061 C4 - GENERAL COMMERCIAL 234 NE 6TH AVE .---------1 08-43-45-21-18-000-0730 C4 - GENERAL COMMERCIAL --- 410 E BOYNTON BEACH BLVD .__ BAYS A THRU C,~~----1- 08-43-45-28-03-002-0050 C3 - COMMUNITY COMMERCIAL --- 421 NE 7TH AVE I ,08-43-45-21-18-000-1020 Ml - LIGHT INDUSTRIAL 717 N FEDERAL HWY -", --~--- ------=r...:::: 08-43-45-21-32-001-0212 I C4 - GENERAL COMMERCIAL W INDUSTRIAL AVE __-L-_..~_--==::-=____L 08-43-45-20-02-002-0050 I M1 - LIGHT INDUSTRIAL . 622 N FEDERAL HWY 08-43-45-22-02-001-0030 T CBD - CENTRAL BUSINESS DISTRICT 522 NE 4TH ST ' - ~--- -, 08-43-45-21-26-003-0010 -'1 C4 - GENERAL COMMERCIAL 1304 N FEDERAL HWY I .-.-.-.---::---=-__., 08-43-45-22-08-000-0120. C4 - GENERAL COMMERCIAL 1125 SE 2ND ST' 08-43-45-28-01-000-0320 I C3 - COMMUNITY COMMERCIAL 626 SE 4TH ST -. --~------ ------ 08-43-45-28-07-003-0100 I C3 - COMMUNITY COMMERCIAL 505 SE 6TH AVE __ ...l- ._~=-___ _--'-. 08-43-45-28-07-003-0100 I C3 - COMMUNITY COMMERCIAL 507 SE6TH AVE .~' _. _~ __ ____ _ -L 08-43-45-28-07-003-0100 I C3-COMMUNITYCOMMERCIAL 509 SE 6TH AVE _~ ____ __ _____ _I 08-43-45-28-07-003-0100 C3 - COMMUNITY COMMERCIAL 511 SE 6TH AVE ~ ~__~______.L 08-43-45-28-07-003-0100 C3 - COMMUNITY COMMERCIAL 513 SE 6TH AVE ! 08-43-45-28-07-003-0100 C3 - COMMUNITY COMMERCIAL N RAILROAD AVE . _:.=. -- _ VACANT u5r :____,.,-,,-, --T 08-43-45-22-00-003-0010 _ C4 - GENERAL COMMERCIAL 603 N SEACREST BLVD 08-43-45-21-07-002-1321 C2 - NEIGHBORHOOD COMMERCIAL 633 NE 6TH AVE +-_ --- .=__=-:.__--_-:+ 08-43-45-22-02-001-0090 CBD - CENTRAL BUSINESS DISTRICT 404 SE 12TH AVE 08-43-45-28-01-000-0090 C3 - COMMUNITY COMMERCIAL 536 NE 22ND AVE --- . -~ - ----==_:=--=- =_ - i 08-43-45-15-07-013-0030 I C2 - NEIGHBORHOOD COMMERCIAL. 530 NE 22ND AVE' 08-43-45-15-07-013-0030 C2 - NEIGHBORHOOD COMMERCIAL 538 NE 22ND AVE .--~~===---_=-:____-- '- 08-43-45-15-07-013-0030 ! C2 - NEIGHBORHOOD COMMERCIAL 2015 S FEDERAL HWY .~_.. ___ I 08-43-45-33-00-000-1270 I C3 - COMMUNITY COMMERCIAL 1102 N FEDERAL HWY '08-43-45-21-32-002-0201 C4 - GENERAL COMMERCIAL 509 & 519 E BOYNTON BEACH BLVD -..--~---- ! 08-43-45-21-26-007-0010 I CBD - CENTRAL BUSINESS DISTRICT 630 E OCEAN AVE --- _ 08-43-45-27-04-000-0931 I CBD - CENTRAL BUSINESS DISTRICT 640 INDUSTRIAL AVE ___ -t- 08-43-45-20-02-002-0130, Ml - LIGHT INDUSTRIAL 525 SE 18TH AVE 08-43-45-33-00-000-1310 I C3 - COMMUNITY COMMERCIAL 425 SE 5TH AVE ~_====--=----:- = _=-- ~:r 08-43-45-28-07-002-0111 C3 - COMMUNITY COMMERCIAL 301 SE 4TH ST I 08-43-45-28-07-002-0010 I C3 - COMMUNITY COMMERCIAL 2821 S FEDERAL HWY -----r------.~~- ! 08-43-45-33-00-000-5110 r C3 - COMMUNITY COMMERCIAL S FEDERAL HWY.-.---r---~VACANT LOT 08-43-45-33-00-000-1390 T C3 - COMMUNITY COMMERCIAL-- NW 1ST ST ----==-f-=-,,' __... VACANT LO, T __: ',08-43-45-21-07-003-1300 C2 - NEIGHBORHOOD COMMERCIAL 519 N SEACREST BLVD 08-43-45-21-07-002-1331 C2 - NEIGHBORHOOD COMMERCIAL 1310 N FEDERAL HWY. - -- ----:::-=-=_.:::--=-:::: --n~ 08-43-45-22-07-000-0492 -, C4 - GENERAL COMMERCIAL 417 SE 4TH AVE i I 08-43-45-28-08-000-0040 ' C3 - COMMUNITY COMMERCIAL 100 NE 4TH ST ------------,--.--.-- -. --, 08-43-45-28-03-006-0080 CBD - CENTRAL BUSINESS DISTRICT 509 SE 5TH AVE ~-~-- ----------- 1 08-43-45-28-07-001-0220 C3 - COMMUNITY COMMERCIAL 115 N FEDERAL HWY ____.=----==r----==::______::::---=~---- "L 08-43-45-28-03-006-0010 CBD - CENTRAL BUSINESS DISTRICT 1060 W INDUSTRIAL AVE I 08-43-45-20-20-000-0060 Ml - LIGHT INDUSTRIAL 323 SE 23RD AVE .-~-------:===~_._:-_. -. _ _~ 08-43-45-33-03-000-0230 C2 - NEIGHBORHOOD COMMERCIAL 409 & 411 E BOYNTON BEACH BLVD__ ___ _____ 08-43-45-21-18-000-0040 _, . C3 - COMMUNITY COMMERCIAL LAKESIDE HARBOR '"=1="",, """"V, A, CA." NT""L.O"T,.,. .". -L, 08-43-45-15-03-000-0026 C3 - COMMUNITY COMMERCIAL 131 E BOYNTON BEACH BLVD.---~ - --====. ---:-:_ " 08-43-45-21-30-001-0210 I C3 - COMMUNITY COMMERCIAL --- 114 N FEDERAL HWY 08-43-45-27-01-000-0410 i CBD - CENTRAL BUSINESS DISTRICT 520 W INDUSTRIAL AVE _, -t, __""..~, _____, - --- .- .,.0 08-43-45-20-17-000-0280 I Ml - LIGHT INDUSTRIAL , ',' 415 NE 6TH AVE i 08-43-45-21-18-000-0962 I M1 - LIGHT INDUSTRIAL 111 NW 6TH AVE ..~--~. -- ~- 08-43-45-21-07-003-1000 C2 - NEIGHBORHOOD COMMERCIAL- 505 SE 23RD AVE.----=-=- _ ___~- i :=---=---~___=_...::::.-..-=- i- 08-43-45-33-06-000-0042-- t C2 - NEIGHBORHOOD COMMERCIAL 605 LAKESIDE HARBOR! 08-43-45-15-03-000-0022 i C3 - COMMUNITY COMMERCIAL 1314 SE 3RD ST ____-=-1 -=--===-:~:=_____ ,.:'::': 08-43-45-28-01-000-0111 ! C3 - COMMUNITY COMMERCIAL 2755 S FEDERAL HWY .----l__~_ BAY~1 THRU 20 _'no 08-43-45-33-00-000-5100 I C3 - COMMUNITY COMMERCIAL __. 860 W INDUSTRIAL AVE I 08-43-45-20-20-oo0-0010! M1 - LIGHT INDUSTRIAL 401 E BOYNTON BEACH BLVD --==-===---.____ -- --- __. 08-43-45-21-18-000-0060 , C3 - COMMUNITY COMMERCIAL ... 513 E OCEAN AVE _____~~.---._--_- . 08-43-45-28-03-006-0111 I CBD, CENTRAL BUSINESS DISTRICT 408 NE 7TH AVE .", I '" "" " , J" 08-43-45-21-18-000-0900 C4 - GENERAL COMMERCIAL 510 E BOYNTON BEACH BLVD - ~r--=-'::'=--- --=-_ _=-.____u ---=-t:- 08-43-45-28-03-001-0030 __ T, CBD - CENTRAL BUSINESS DISTRICT 141 NE 10TH AVE - ~ - ~ ,,' '" 08-43-45-21-25-001-0010 I C2 - NEIGHBORHOOD COMMERCIAL 601 NE 3RD ST ~ --- -. --- - -- 08-43-45-21-18-000-0700 I C4 - GENERAL COMMERCIAL 240 NE 6TH AVE ~~-- -----~- .--- ---- --- -..-- 08-43-45-21-18-000-0741 C4-GENERALCOMMERCIAL- 518 W INDUSTRIAL AVE ==t~- ~ .--------. 08-43-45-20-02-001-0020 -- -r M1 - LIGHT INDUSTRIAL 700 W INDUSTRIAL AVE- -~,._---~, ---- 08-43-45-20-02-002-0030 - M1 - LIGHT INDUSTRIAL S FEDERAL HWY --- - -::. _______=-v:A.CANt.LOT.- -.-- 08-43-46-04-17-000-0652 C3 - COMMUNITY COMMERCIAL - 1520 S FEDERAL HWY__---l.______________ ____.____ __._. 08-43-45-28-00-000-5120 C3 - COMMUNITY COMMERCIAL. 517 NE 5TH AVE__-+__~__ ______ .__. _. 08-43-45-21-26-001-0091 CBD - CENTRAL BUSINESS DISTRICT 407 S FEDERAL HWY 08-43-45-28-07-001-0082 C3 - COMMUNITY COMMERCIAL 409 S FEDERAL HWY -. ---------~---------- ---- --- 08-43-45-28-07-001-0082 C3 - COMMUNITY COMMERCIAL 411 S FEDERAL HWY ______ ~==__=:--_:_:= -= _:- 08-43-45-28-07-001-0082 C3 - COMMUNITY COMMERCIAL:::: 413 S FEDERAL HWY __ .___::::-~..__.= - 08-43-45-28-07-001-0082 C3 - COMMUNITY COMMERCIAL 415 S FEDERAL HWY 08-43-45-28-07-001-0082 C3 - COMMUNITY COMMERCIAL 730 NE 6TH AVE . __.-+--:::=:::::::-:::._::=-:.____-- :_--=:. . '. 08-43-45-22-01-000-0210 CBD - CENTRAL BUSINESS DISTRICT 420 NE 3RD ST 08-43-45-21-18-000-0240 C4 - GENERAL COMMERCIAL 4 . ADDRESS COMMENT PCN ZONING 1920 S FEDERAL HWY 08-43-45-33-00-000-1470 C3 - COMMUNITY COMMERCIAL 513 SE 4TH ST 08-43-45-28-07-002-0091 C3 - COMMUNITY COMMERCIAL 410 NE 3RD ST 08-43-45-21-18-000-0260 C4 - GENERAL COMMERCIAL 408 NE 3RD ST 08-43-45-21-18-000-0260 C4 - GENERAL COMMERCIAL 412 NE 3RD ST 08-43-45-21-18-000-0260 C4 - GENERAL COMMERCIAL 419 NE 4TH AVE 08-43-45-21-18-000-0500 Ml - LIGHT INDUSTRIAL 515 E OCEAN AVE 08-43-45-28-03-006-0100 CBD - CENTRAL BUSINESS DISTRICT 1112 N FEDERAL HWY 08-43-45-21-32-002-0211 C4 - GENERAL COMMERCIAL NE 3RD ST VACANT LOT 08-43-45-21-18-000-1560 C2 - NEIGHBORHOOD COMMERCIAL 201 E BOYNTON BEACH BLVD 08-43-45-21-05-000-0090 C3 - COMMUNITY COMMERCIAL NE 1ST AVE VACANT LOT 08-43-45-28-03-001-0100 CBD - CENTRAL BUSINESS DISTRICT 403 NE 6TH AVE 08-43-45-21-18-000-0931 C4 - GENERAL COMMERCIAL 1200 W INDUSTRIAL AVE 08-43-45-20-20-000-0102 Ml - LIGHT INDUSTRIAL 1000 N SEACREST BLVD 08-43-45-21-10-004-0010 C2 - NEIGHBORHOOD COMMERCIAL NW 1ST ST VACANT LOT 08-43-45-21-07-003-1310 C2 - NEIGHBORHOOD COMMERCIAL 500 W HORIZONS STERLING VILLAGE 08-43-45-27-00-000-3031 CBD - CENTRAL BUSINESS DISTRICT NE 8TH AVE VACANT LOT 08-43-45-21-18-000-1452 Ml - LIGHT INDUSTRIAL 1020 W INDUSTRIAL AVE 08-43-45-20-20-000-0040 Ml - LIGHT INDUSTRIAL 515 NE 3RD ST 08-43-45-21-18-000-0400 C4 - GENERAL COMMERCIAL 103 E BOYNTON BEACH BLVD 08-43-45-21-30-001-0130 C3 - COMMUNITY COMMERCIAL 1147 S FEDERAL HWY 08-43-45-28-01-000-0560 C3 - COMMUNITY COMMERCIAL 513 & 515 N FEDERAL HWY 08-43-45-21-26-004-0050 CBD - CENTRAL BUSINESS DISTRICT 104 NE 10TH AVE 08-43-45-21-04-000-0030 C2 - NEIGHBORHOOD COMMERCIAL 221 SE 12TH AVE 08-43-45-28-01-000-0300 C3 - COMMUNITY COMMERCIAL S FEDERAL HWY VACANT LOT 08-43-45-28-07-001-0170 C3 - COMMUNITY COMMERCIAL 420 SE 4TH ST 08-43-45-28-07-001-0140 C3 - COMMUNITY COMMERCIAL 322 W BOYNTON BEACH BLVD 08-43-45-28-10-002-0070 C2 - NEIGHBORHOOD COMMERCIAL 2632 N FEDERAL HWY 08-43-45-15-01-000-0010 C3 - COMMUNITY COMMERCIAL 1213 SE 2ND ST 08-43-45-28-01-000-0341 C3 - COMMUNITY COMMERCIAL 556 NE 22ND AVE 08-43-45-15-07-013-0070 C2 - NEIGHBORHOOD COMMERCIAL SE 5TH AVE VACANT LOT 08-43-45-28-07-001-0190 C3 - COMMUNITY COMMERCIAL 3101 S FEDERAL HWY 08-43-46-04-17-000-0641 C3 - COMMUNITY COMMERCIAL 212 S FEDERAL HWY 08-43-45-27-04-000-0150 CBD - CENTRAL BUSINESS DISTRICT 619 N FEDERAL HWY 08-43-45-21-26-001-0010 Ml - LIGHT INDUSTRIAL 1600 S FEDERAL HWY 08-43-45-33-00-000-1371 C3 - COMMUNITY COMMERCIAL 5 INDUSTRIAL AVE 08-43-45-20-02-000-0111 Ml - LIGHT INDUSTRIAL 1010 S FEDERAL HWY 08-43-45-28-24-000-0040 Cl - OFFICE PROFESSIONAL 512 NE 20TH AVE 08-43-45-15-03-000-0111 C3 - COMMUNITY COMMERCIAL 1017 N RAILROAD AVE 08-43-45-21-04-000-0011 C2 - NEIGHBORHOOD COMMERCIAL 421 N RAILROAD AVE 08-43-45-21-18-000-0230 C2 - NEIGHBORHOOD COMMERCIAL 480 E OCEAN AVE 08-43-45-28-03-008-0010 CBD - CENTRAL BUSINESS DISTRICT NE 3RD ST VACANT LOT 08-43-45-28-03-005-0020 C2 - NEIGHBORHOOD COMMERCIAL 408 & 410 W INDUSTRIAL AVE 08-43-45-20-17-000-0360 Ml - LIGHT INDUSTRIAL 544 GATEWAY BLVD 08-43-45-15-07-013-0050 C2 - NEIGHBORHOOD COMMERCIAL 2403 S FEDERAL HWY I 08-43-45-33-06-000-0191 C3 - COMMUNITY COMMERCIAL 1001 S FEDERAL HWY 08-43-45-28-24-000-0180 C3 - COMMUNITY COMMERCIAL 1611 S FEDERAL HWY 08-43-45-33-23-001-0000 PU - PUBLIC USAGE 2005 S FEDERAL HWY 08-43-45-33-02-000-0010 C3 - COMMUNITY COMMERCIAL 425 NE 4TH ST 08-43-45-21-28-006-0010 C4 - GENERAL COMMERCIAL NE 10TH AVE VACANT LOT 08-43-45-21-10-005-0100 C2 - NEIGHBORHOOD COMMERCIAL 410 NE 5TH AVE 08-43-45-21-18-000-0440 Ml - LIGHT INDUSTRIAL 531 E OCEAN AVE 08-43-45-28-03-006-0120 CBD - CENTRAL BUSINESS DISTRICT 522 NE 5TH AVE 08-43-45-21-26-004-0021 CBD - CENTRAL BUSINESS DISTRICT 1120 N FEDERAL HWY 08-43-45-22-00-003-0031 R3 MULTI FAMILY RESIDENCE 520 NE 5TH AVE 08-43-45-21-26-004-0023 CBD - CENTRAL BUSINESS DISTRICT N SEACREST BLVD VACANT LOT 08-43-45-21-07-002-1000 C2 - NEIGHBORHOOD COMMERCIAL 112 S FEDERAL HWY BAYS 1 THRU 9 08-43-45-27-04-000-0050 CBD - CENTRAL BUSINESS DISTRICT 314 NE 3RD ST 08-43-45-21-18-000-0140 C4 - GENERAL COMMERCIAL 680 W INDUSTRIAL AVE 08-43-45-20-17-000-0230 Ml - LIGHT INDUSTRIAL 310 & 312 S FEDERAL HWY 08-43-45-27-00-000-3020 CBD - CENTRAL BUSINESS DISTRICT S FEDERAL HWY VACANT LOT 08-43-48-04-17-000-0890 C3 - COMMUNITY COMMERCIAL 1100 W INDUSTRIAL AVE 08-43-45-20-20-000-0101 Ml - LIGHT INDUSTRIAL SE 1ST AVE VACANT LOT 08-43-45-27-04-000-0670 CBD - CENTRAL BUSINESS DISTRICT 405 SE 23RD AVE 08-43-45-33-06-000-0090 C2 - NEIGHBORHOOD COMMERCIAL 412 SE 4TH ST : 08-43-45-28-07-001-0101 C3 - COMMUNITY COMMERCIAL 818 N FEDERAL HWY 08-43-45-21-32-005-0230 C4 - GENERAL COMMERCIAL 812 N FEDERAL HWY 08-43-45-21-32-005-0230 C4 - GENERAL COMMERCIAL 814 N FEDERAL HWY 08-43-45-21-32-005-0230 C4 - GENERAL COMMERCIAL 1810 S FEDERAL HWY 08-43-45-33-00-000-1380 C3 - COMMUNITY COMMERCIAL 3602 N FEDERAL HWY 08-43-46-04-17-000-0642 C3 - COMMUNITY COMMERCIAL 416 W BOYNTON BEACH BLVD 08-43-45-28-11-000-0010 C2 - NEIGHBORHOOD COMMERCIAL 321 N RAILROAD AVE 08-43-45-21-18-000-0160 Ml - LIGHT INDUSTRIAL 610 INDUSTRIAL AVE 08-43-45-20-02-001-0012 Ml - LIGHT INDUSTRIAL 521 N FEDERAL HWY 08-43-45-21-26-004-0010 : CBD. CENTRAL BUSINESS DISTRICT 421 SE 5TH AVE 08-43-45-28-07-002-0113 C3 - COMMUNITY COMMERCIAL 715 S FEDERAL HWY 08-43-45-28-00-000-5030 C3 - COMMUNITY COMMERCIAL 717 S FEDERAL HWY 08-43-45-28-00-000-5030 C3 - COMMUNITY COMMERCIAL 719 S FEDERAL HWY 08-43-45-28-00-000-5030 C3 - COMMUNITY COMMERCIAL 5 ADDRESS -- , '[ COMMENT l- PCN ZONING 721 S FEDERAL HWY-------r--- ----. 08-43-45-28-00-000-5030 I C3 - COMMUNITY COMMERCIAL 723 S FEDERAL HWY ' -==-==-~ 08-43-45-28-00-000-5030 i C3 - COMMUNITY COMMERCIAL 725 S FEDERAL HWY 08-43-45-28-00-000-5030 I C3 - COMMUNITY COMMERCIAL 727 S FEDERAL HWY :' ------ ---- ,-' ---- 08-43-45-28-00-000-5030 C3 - COMMUNITY COMMERCIAL 509 NE 3RD ST_ ___ _ _ _ ,_---L-~___=__=_____=-____:_ 08-43-45-21-18-000-0390 C4 - GENERAL COMMERCIAL _ 911 S FEDERAL HWY' : 08-43-45-28-00-000-5060 i C3 - COMMUNITY COMMERCIAL 1080 S FEDERAL HWY ----.------- -=-______j 08-43-45-28-24-000-0030 I C1 - OFFICE PROFESSIONAL 1600 N FEDERAL HWY BAYS 1 THRU 19 08-43-45-22-20-000-0190 C3 - COMMUNITY COMMERCIAL 505 N SEACREST BLVD _______ -.~-~-----~-----~T- , 08-43-45-21-07-002-1460 C2 - NEIGHBORHOOD COMMERCIAL 555 N RAILROAD AVE _ _________ ____ ---1--- 08-43-45-21-18-000-0530 M1 - LIGHT INDUSTRIAL 313 N RAILROAD AVE _______ ____ ____ ______ +- 08-43-45-21-18-000-0150' M1 . LIGHT INDUSTRIAL ---- 421 SE 4TH ST I 08-43-45-28-08-000-0020 C3 - COMMUNITY COMMERCIAL 410 SE 12TH AVE ------ I 08-43-45-28-01-000-0080 ' C3 - COMMUNITY COMMERCIAL 301 NW 1ST ST _~________------=__::: ------.:J: 08-43-45-21-07-001-1080 C2 - NEIGHBORHOOD COMMERCIAL 634 & 636 E OCEAN AVE __ ____ _ ___________ 08-43-45-27-04-000-0920 I CBD - CENTRAL BUSINESS DISTRICT 209 E BOYNTON BEACH BLVD , 08-43-45-21-07-001-1091 C2 - NEIGHBORHOOD COMMERCIAL 501 & 503 N FEDERAL HWY -----____=_::... _ _: 08-43-45-21-26-004-0110 CBD - CENTRAL BUSINESS DISTRICT 1815 S FEDERAL HWY _____ ___ ----+,_ 08-43-45-33-00-000-1340 C3 - COMMUNITY COMMERCIAL NE 3RD ST VACANT LOT __._. ___-1. 08-43-45-21-18-000-0650 C4 - GENERAL COMMERCIAL 802 N FEDERAL HWY 08-43-45-22-03-001-0241 C4 - GENERAL COMMERCIAL --, 401 OLD DIXIE HWY - ------______::: _~::__L 08-43-45-33-14-000-0243 : C3 - COMMUNITY COMMERCIAL N RAILROAD AVE VACANT LOT 08-43-45-21-18-000-1530 i C2 - NEIGHBORHOOD COMMERCIAL 601 S FEDERAL HWY ______ -=--,J 08-43-45-28-07-003-0010 C3 - COMMUNITY COMMERCIAL 403 SE 4TH ST ,08-43-45-28-07-002-0040 C3 - COMMUNITY COMMERCIAL 401 SE 4TH ST - .--t- 08-43-45-28-07-002-0040 I C3 - COMMUNITY COMMERCIAL 399 SE 4TH ST I 08-43-45-28-07-002-0040 C3 - COMMUNITY COMMERCIAL 300 S FEDERAL HWY '---T- 08-43-45-27-04-000-0170 I CBD - CENTRAL BUSINESS DISTRICT 2617 S FEDERAL HWY __ .. ___.__ .__ _.--i-__.o8-43-45-33-oo-oo0-5080 C3 - COMMUNITY COMMERCIAL 503 SE 23RD AVE' i 08-43-45-33-06-000-0060 C2 - NEIGHBORHOOD COMMERCIAL 611 N RAILROAD AVE! 08-43-45-21-18-000-0581 M1 - LIGHT INDUSTRIAL 412 & 414 E OCEAN AVE ------ ------- : 08-43-45-28-03-008-0030 C2 - NEIGHBORHOOD COMMERCIAL S FEDERAL HWY I VACANT LOT - :.=. --L 08-43-45-27-05-000-0351 C2 - NEIGHBORHOOD COMMERCIAL 417 NE 6TH AVE _ __ ,_, _,____.._ __ _ _. 08-43-45-21-18-000-0961 I M1 - LIGHT INDUSTRIAL "" W 'N""sm"",,, . --l- - - _...l -~,.. H-<"'.'''''' M'-"GHHNDUsm"'- 3675 S FEDERAL HWY 08-43-46-04-00-000-1062 C3 - COMMUNITY COMMERCIAL ,- 912 SE 4TH ST_ ,.",_,' ___ ___----==___________--____ I 08-43-45-28-00-000-5050 1 C3 - COMMUNITY COMMERCIAL 524 GATEWAY BLVD _____ ________ _. __ i 08-43-45-15-07-013-0010 C2 - NEIGHBORHOOD COMMERCIAL 1305 S FEDERAL HWY _ ___ _ . ,___. 08-43-45-28-01-000-0010 : C3 - COMMUNITY COMMERCIAL 319 INDUSTRIAL AVE r 08-43-45-20-02-000-0050' M1 - LIGHT INDUSTRIAL 326 W BOYNTON BEACH BLVD___~________________ __ ___..08-43-45-28-10-002-0050 [C2 - NEIGHBORHOOD COMMERCIAL 902 NE 3RD ST ! 08-43-45-21-18-000-1451 --T M1 - LIGHT INDUSTRIAL 410 E OCEAN AVE-------.---i- -,--- ----- - --- .--- 08-43-45-28-03-008-0050 i C2 - NEIGHBORHOOD COMMERCIAL 50 GATEWAY BLVD------+=-----~ -.-- ---- " 08-43-45-16-01-027-0020 i C1 - OFFICE PROFESSIONAL 400 S FEDERAL HWY ---. .'-", - "BAYS 401 THRU417 . -r ,- 08-43-45-27-00-000-3040 . CBD -CENTRAL BUSINESS DISTRICT 350 INDUSTRIAL AVE ----___-----____ --:-_ _ _ - -- 08-43-45-20-00-000-0082 ~ M1 - LIGHT INDUSTRIAL 415 NE 4TH ST - .---;---- - ----- -- -:- 08-43-45-21-26-006-0040 CBD - CENTRAL BUSINESS DISTRICT 480 W BOYNTON BEACH BLVD --~__________-=__-._~____- __,__--- _j _ 08-43-45-28-15-071-0010 , C2 - NEIGHBORHOOD COMMERCIA!o_ 3908 S FEDERAL HWY, : 08-43-46-04-17-000-0680 C3 - COMMUNITY COMMERCIAL 1080 W INDUSTRIAL AVE---- ------r--~-- -- . ------ _:___.T 08-43-45-20-20-000-0090 M1 - LIGHT INDUSTRIAL DIMICK RD l= VACANT LOT . 08-43-45-15-02-000-0550 C3 - COMMUNITY COMMERCIAL 2007 S FEDERAL HWY ~- -- - -____'.08-43-45-33-02-000-0251 I C3 - COMMUNITY COMMERCIAL- 515 SE 23RD AVE ----- - - : 08-43-45-33-06-000-0030 C3 - COMMUNITY COMMERCIAL - SE 1 ST AVE -==-VACANi'L.QI_ _ ___ -- 08-43-45-27-04-000-0710 CBD - CENTRAL BUSINESS DISTRI,CT 221 SE 4TH ST 08-43-45-28-03-011-0010 CBD - CENTRAL BUSINESS DISTRICT 322 NE 3RD ST -- - - -- - -- 08-43-45-21-18-000-0121 C4 - GENERAL COMMERCIAL NE 3RD ST -- . ---'--_---- VAC;ANT LOT-___ 08-43-45-21-18-000-1550 -l- C2 - NEIGHBORHOOD COMMERCIAC 306 SE 10TH AVE __ ~_____ _____ _ J 08-43-45-28-23-005-0190 : C3 - COMMUNITY COMMERCIAL 2508 N FEDERAL HWY -- -- I - ,08-43-45-15-02-000-1250 C3 - COMMUNITY COMMERCIAL 523 INDUSTRIAL AVE - --:::_________:::=:::::::::= ::::=:: --=t 08-43-45-20-02-000-0180J:::: M1 - LIGHT INDUSTRIAL- 1315 N FEDERAL HWY: ' 08-43-45-22-08-000-0130 . C4 - GENERAL COMMERCIAL N RAILROAD AVE _ -__--r:::--::::~_: VAC~~TL_OT _, _ _ _1.. 08-43-45-22-00-003-0100 '1 C3 - COMMUNITY COMMERCIAL _- 2275 N FEDERAL HWY 08-43-45-15-07-013-0101 C2 - NEIGHBORHOOD COMMERCIAL 1101 & 1103 N FEDERAL HWY.l 08-43-45-21-32-008-0010 -1-.. C4 - GENERAL COMMERCIAL 1040 W INDUSTRIAL AVE - 08-43-45-20-20-000-0050 I M1 - LIGHT INDUSTRIAL INDUSTRIAL AVE VACANTLor- 08-43-45-20-02-002-00101 M1 - LIGHT INDUSTRIAL -- SE 1ST AVE VACANT LOT ---- 08-43-45-27-04-000-0941 . CBD - CENTRAL BUSINESS DISTRICT 212 E BOYNTON BEACH BLVD_____ _L _ 08-43-45-28-03-003-0070 _"0_ C3 - COMMUNITY COMMERCIAL 614 INDUSTRIAL AVE 08-43-45-20-02-002-0100 M1 - LIGHT INDUSTRIAL 1021 S FEDERAL HWY _____ _ ~_: 08-43-45-28-24-000-0140 ~--- C3 - COMMUNITY COMMERCIAL- 1319 N FEDERAL HWY ._,J_ 08-43-45-22-00-003-0120 C4 - GENERAL COMMERCIAL 412 & 414 E OCEAN AVE i 08-43-45-28-03-008-0030 C2 - NEIGHBORHOOD COMMERCIAL SE 2ND AVE VACANT nOT -- -nul -- 08-43-45-27-04-000-0630 CBD - CENTRAL BUSINESS DISTRICT 617 NE 3RD ST - - i- -- 08-43-45-21-18-000-0751 I C4 - GENERAL COMMERCIAL __ 1110 SE 1ST ST 08-43-45-28-13-001-0010 M1 - LIGHT INDUSTRIAL 800 NE 3RD ST 08-43-45-21-18-000-1090 ~. C4 - GENERAL COMMERCIAL 312 E BOYNTON BEACH BLVD -- -- - 08-43-45-28-03-003-0010 C3 - COMMUNITY COMMERCIAL 1115 N FEDERAL HWY --- 08-43-45-22-00-003-0020 C4 - GENERAL COMMERCIAL 301 N SEACREST BLVD -------- 08-43-45-21-07-001-1000 - - C2 - NEIGHBORHOOD COMMERCIAL. 2201 S FEDERAL HWY ."" ,,_ _ ::::::_ 08-43-45-33-00-000-1031_ C3 - COMMUNITY COMMERCIAL 315 NE 5TH AVE - --- 08-43-45-21-18-000-0680 C4 - GENERAL COMMERCIAL - 901 S FEDERAL HWY - --- 08-43-45-28-00-000-5040 i' .C3 - COMMUNITY COMMERCIAL'- 202 E BOYNTON BEACH BLVD-- _ - - - ____ --- ___-_ _-08-43-45-28-03-003-0091 1'-. C3 - COMMUNITY COMMERCL~L_,_ 315 S FEDERAL HWY 08-43-45-28-07-001-0010 C3 - COMMUNITY COMMERCIAL 409 N RAILROAD AVE- , . 08-43-45-21-18-000-0190_;- ". M1 - LIGHT INDUSTRIAL:___ 638 E OCEAN AVE - -- --- - 6 08-43-45-27-04-000-0911 "TeBD - CENTRAL BUSINESS DISTRICT . ADDRESS COMMENT PCN ZONING 138 & 140 W BOYNTON BEACH BLVD 08-43-45-28-10-004-0010 C2 - NEIGHBORHOOD COMMERCIAL SE2NDAVE 08-43-45-27-04-000-0610 CBD - CENTRAL BUSINESS DISTRICT N FEDERAL HWY VACANT LOT 08-43-45-21-32-001-0120 C4 - GENERAL COMMERCIAL 1550 N FEDERAL HWY BAYS 1 THRU 18 08-43-45-22-06-000-0630 C3 - COMMUNITY COMMERCIAL 1005 N RAILROAD AVE 08-43-45-21-18-000-1520 C2 - NEIGHBORHOOD COMMERCIAL 407 E BOYTNON BEACH BLVD 08-43-45-21-18-000-0051 C3 - COMMUNITY COMMERCIAL 420 NE 10TH AVE 08-43-45-21-04-000-0021 C2 - NEIGHBORHOOD COMMERCIAL 522 INDUSTRIAL AVE 08-43-45-20-17-000-0260 M1 - LIGHT INDUSTRIAL 2607 S FEDERAL HWY 08-43-45-33-00-000-5070 C3 - COMMUNITY COMMERCIAL 633 INDUSTRIAL AVE 08-43-45-20-02-002-0040 M1 - LIGHT INDUSTRIAL 411 &413SE23RDAVE 08-43-45-33-06-000-0070 C2 - NEIGHBORHOOD COMMERCIAL 716 NE 3RD ST 08-43-45-21-18-000-0910 C4 - GENERAL COMMERCIAL NE 5TH AVE VACANT LOT 08-43-45-21-18-000-0690 C4 - GENERAL COMMERCIAL 615 POTTER RD 08-43-45-15-02-000-0700 C3 - COMMUNITY COMMERCIAL 118 NE 10TH AVE 08-43-45-21-10-005-0050 C2 - NEIGHBORHOOD COMMERCIAL N FEDERAL HWY VACANT LOT 08-43-45-22-00-002-0070 C3 - COMMUNITY COMMERCIAL 2521 S FEDERAL HWY 08-43-45-33-00-000-5040 C3 - COMMUNITY COMMERCIAL 416 SE 4TH AVE 08-43-45-28-08-000-0060 C3 - COMMUNITY COMMERCIAL 907 N FEDERAL HWY #B ABANDONED ALLEY - REAR 08-43-45-21-32-001-0220 M1 - LIGHT INDUSTRIAL 220 W BOYNTON BEACH BLVD I 08-43-45-28-10-003-0060 C2 - NEIGHBORHOOD COMMERCIAL 505 NE 3RD ST 08-43-45-21-18-000-0380 C4 - GENERAL COMMERCIAL 805 N FEDERAL HWY 08-43-45-21-32-001-0170 C4 - GENERAL COMMERCIAL 1127 SE 2ND ST 08-43-45-28-01-000-0310 C3 - COMMUNITY COMMERCIAL 306 NW 3RD ST 08-43-45-21-16-000-0010 C2 - NEIGHBORHOOD COMMERCIAL 1000 W INDUSTRIAL AVE 08-43-45-20-20-000-0030 M1 - LIGHT INDUSTRIAL 501 NE 3RD ST 08-43-45-21-18-000-0370 C4 - GENERAL COMMERCIAL 2011 S FEDERAL HWY I 08-43-45-33-00-000-1122 C3 - COMMUNITY COMMERCIAL 1120 S FEDERAL HWY 08-43-45-27-05-000-0011 C2 - NEIGHBORHOOD COMMERCIAL SE 5TH AVE VACANT LOT 08-43-45-28-07-003-0020 C3 - COMMUNITY COMMERCIAL 2360 N FEDERAL HWY 08-43-45-15-03-000-0042 C3 - COMMUNITY COMMERCIAL 811 N FEDERAL HWY 08-43-45-21-32-001-0160 C4 - GENERAL COMMERCIAL 314 W INDUSTRIAL AVE 08-43-45-20-17-000-0401 M1 - LIGHT INDUSTRIAL 517 INDUSTRIAL AVE I 08-43-45-20-02-000-0151 M1 - LIGHT INDUSTRIAL 505 N RAILROAD AVE I 08-43-45-21-18-000-0510 M1 - LIGHT INDUSTRIAL I 310 & 312 S FEDERAL HWY 08-43-45-27-00-000-3020 CBD - CENTRAL BUSINESS DISTRICT 209 N FEDERAL HWY 08-43-45-28-03-001-0121 CBD - CENTRAL BUSINESS DISTRICT 504 S FEDERAL HWY 08-43-45-33-14-000-0014 C3 - COMMUNITY COMMERCIAL 406 NE 3RD AVE 08-43-45-21-18-000-0290 C4 - GENERAL COMMERCIAL 295 SE 10TH AVE 08-43-45-28-23-005-0131 C3 - COMMUNITY COMMERCIAL 422 E BOYNTON BEACH BLVD 08-43-45-28-03-002-0020 C3 - COMMUNITY COMMERCIAL 1622 NE 4TH ST 08-43-45-22-00-002-0010 C2 - NEIGHBORHOOD COMMERCIAL 622 DIMICK RD 08-43-45-15-02-000-0520 C3 - COMMUNITY COMMERCIAL SE 3RD ST VACANT LOT 08-43-45-28-23-005-0170 C3 - COMMUNITY COMMERCIAL S FEDERAL HWY VACANT LOT 08-43-45-33-00-000-1460 C3 - COMMUNITY COMMERCIAL 711 N FEDERAL HWY 08-43-45-21-31-000-0192 C4 - GENERAL COMMERCIAL 1000 S FEDERAL HWY 08-43-45-28-24-000-0080 C1 - OFFICE PROFESSIONAL DIMICK RD VACANT LOT 08-43-45-15-02-000-0080 C3 - COMMUNITY COMMERCIAL NE 3RD ST VACANT LOT 08-43-45-28-03-002-0110 C2 - NEIGHBORHOOD COMMERCIAL 126 NE 10TH AVE I 08-43-45-21-10-005-0070 C2 - NEIGHBORHOOD COMMERCIAL SE 3RD ST VACANT LOT 08-43-45-33-03-000-0210 C2 - NEIGHBORHOOD COMMERCIAL 219 W BOYNTON BEACH BLVD 08-43-45-21-07-001-1120 C2 - NEIGHBORHOOD COMMERCIAL S FEDERAL HWY VACANT LOT 08-43-45-28-24-000-0120 C3 - COMMUNITY COMMERCIAL 413 NE 3RD AVE 08-43-45-21-18-000-0182 M1 - LIGHT INDUSTRIAL 417 NE 10TH AVE 08-43-45-21-27-001-0050 C2 - NEIGHBORHOOD COMMERCIAL 500 OCEAN PLAZA NO ADDRESSES YET FOR PROJECT 08-43-45-28-03-007-0010 MU-H - MIXED USE HIGH NO RECORDED PLAT LAS VENTANAS - 1415 S FEDERAL HWY NO APPROVED ADDRESSES YET 08-43-45-28-01-000-0290 MU-L - MIXED USE LOW NO RECORDED PLAT 08-43-45-28-01-000-0270 MU-L - MIXED USE LOW 08-43-45-28-01-000-0260 MU-L - MIXED USE LOW 08-43-45-28-01-000-0240 MU-L - MIXED USE LOW 08-43-45-28-01-000-0200 MU-L - MIXED USE LOW I 08-43-45-28-01-000-0190 MU-L - MIXED USE LOW I 08-43-45-28-01-000-0170 MU-L - MIXED USE LOW i 08-43-45-28-01-000-0160 MU-L - MIXED USE LOW I 08-43-45-28-01-000-0150 MU-L - MIXED USE LOW I 08-43-45-28-01-000-0140 MU-L - MIXED USE LOW I 08-43-45-28-01-000-0121 MU-L - MIXED USE LOW 08-43-45-28-01-000-0130 MU-L - MIXED USE LOW I 08-43-45-28-00-000-5090 MU-L - MIXED USE LOW 08-43-45-28-00-000-5100 I MU-L - MIXED USE LOW 1314 SE 3RD ST 08-43-45-28-01-000-0111 C3 - COMMUNITY COMMERCIAL 3629 S FEDERAL HWY GULFSTREAM MALL 08-43-46-04-00-000-1060 C3 - COMMUNITY COMMERCIAL TOTAL COMMERCIAL: 403 TOTAL INDUSTRIAL: 73 TOTAL MIXED USE: 16 I PUBLIC USE 1 I TOTAL PARCELS: 493 I 7 RESIDENTIAL PARECELS AS IDENTIFIED BY CRA FOR RE-DEVELOPMENT CHERRY HILLS PUBLIC HOUSING ADDRESS COMMENT PCN 417 NW 12TH AVE 08-43-45-21-14-000-4240 1200 NW 4TH 8T 08-43-45-21-14-000-3320 402 NW 13TH AVE 08-43-45-21-14-000-4880 343 NW 13TH AVE 08-43-45-21-14-000-4720 434 NW 12TH AVE 08-43-45-21-14-000-3980 538 NW 12TH AVE 08-43-45-21-14-000-3760 436 NW 13TH AVE 08-43-45-21-14-000-4710 427 NW 13TH AVE 08-43-45-21-14-000-5500 419 NW 12TH AVE 08-43-45-21-14-000-4250 402 NW 12TH AVE A & B 08-43-45-21-14-000-4150 417 NW 13TH AVE 08-43-45-21-14-000-5450 422 NW 13TH AVE 08-43-45-21-14-000-4770 409 NW 12TH AVE 08-43-45-21-14-000-4200 406 NW 12TH AVE 08-43-45-21-14-000-4130 415 NW 12TH AVE 08-43-45-21-14-000-4230 NW 11TH AVE VACANT LOT 08-43-45-21-14-000-3240 418 NW 13TH AVE 08-43-45-21-14-000-4790 407 NW 13TH AVE 08-43-45-21-14-000-5390 412 NW 13TH AVE 08-43-45-21-14-000-4830 409 NW 11TH AVE 08-43-45-21-14-000-3220 425 NW 13TH AVE 08-43-45-21-14-000-5490 419 NW 11TH AVE 08-43-45-21-14-000-3280 532 NW 12TH AVE 08-43-45-21-14-000-3811 413 NW 12TH AVE 08-43-45-21-14-000-4220 407 NW 12TH AVE 08-43-45-21-14-000-4190 422 NW 12TH AVE 08-43-45-21-14-000-4050 408 NW 13TH AVE 08-43-45-21-14-000-4850 421 NW 13TH AVE 08-43-45-21-14-000-5470 417 NW 11TH AVE 08-43-45-21-14-000-3260 429 NW 12TH AVE 08-43-45-21-14-000-4280 430 NW 12TH AVE 08-43-45-21-14-000-4020 502 NW 13TH AVE 08-43-45-21-14-000-4670 426 NW 12TH AVE 08-43-45-21-14-000-4030 411 NW 13TH AVE 08-43-45-21-14-000-5410 431 NW 12TH AVE 08-43-45-21-14-000-4300 410 NW 13TH AVE 08-43-45-21-14-000-4840 NW 13TH AVE VACANT LOT 08-43-45-21-11-000-0141 427 NW 11TH AVE 08-43-45-21-14-000-3300 426 NW 13TH AVE 08-43-45-21-14-000-4750 431 NW 13TH AVE 08-43-45-21-14-000-5520 430 NW 13TH AVE 08-43-45-21-14-000-4740 433 NW 12TH AVE 08-43-45-21-14-000-4320 404 NW 12TH AVE 08-43-45-21-14-000-4140 401 NW 13TH AVE 08-43-45-21-14-000-5370 408 NW 12TH AVE 08-43-45-21-14-000-4120 407 NW 11TH AVE 08-43-45-21-14-000-3180 411 NW 12TH AVE 08-43-45-21-14-000-4210 435 NW 13TH AVE 08-43-45-21-14-000-5530 NW 12TH AVE V ACANT LOT 08-43-45-21-14-000-4160 410 NW 12TH AVE 08-43-45-21-14-000-41 00 501 NW 12TH AVE 08-43-45-21-14-000-4340 412 NW 12TH AVE 08-43-45-21-14-000-4080 1 \ ADDRESS COMMENT PCN 404 NW 13TH AVE 08-43-45-21-14-000-4870 432 NW 13TH AVE 08-43-45-21-14-000-4730 530 NW 12TH AVE 08-43-45-21-14-000-3821 414 NW 13TH AVE 08-43-45-21-14-000-4820 425 NW 12TH AVE 08-43-45-21-14-000-4260 415 NW 13TH AVE 08-43-45-21-14-000-5430 536 NW 12TH AVE 08-43-45-21-14-000-3780 406 NW 13TH AVE 08-43-45-21-14-000-4860 429 NW 13TH AVE 08-43-45-21-14-000-5510 505 NW 12TH AVE 08-43-45-21-14-000-4360 403 NW 12TH AVE 08-43-45-21-14-000-4170 534 NW 12TH AVE 08-43-45-21-14-000-3791 405 NW 12TH AVE 08-43-45-21-14-000-4180 OCEAN BREEZE ADDRESS COMMENT PCN 122 NW 8TH AVE 08-43-45-21-07-003-1501 NW 1ST ST VACANT LOT 08-43-45-21-07-003-1300 201 NW 7TH CT 08-43-45-21-07-003-1561 722 NW 2ND ST 08-43-45-21-07-003-1712 215 NW 6TH AVE 08-43-45-21-07-003-1110 210 NW 7TH CT 08-43-45-21-07-003-1160 711 NW 1ST ST 08-43-45-21-07-003-1200 909 NW 1ST ST 08-43-45-21-07-004-1540 NW 7TH CT VACANT LOT 08-43-45-21-07-003-1630 801 N SEACREST BLVD 08-43-45-21-07-003-1230 NW 8TH AVE VACANT LOT 08-43-45-21-07-003-1910 233 NW 6TH AVE 08-43-45-21-07-003-1150 215 NW 7TH CT 08-43-45-21-07-003-1680 811 NW 1 ST ST 08-43-45-21-07-003-1550 717 NW 1ST ST 08-43-45-21-07-003-1210 133 NW 6TH AVE 08-43-45-21-07 -003-1060 NW 1ST ST VACANT LOT 08-43-45-21-07-003-1300 802 NW 1ST ST 08-43-45-21-07-003-1390 202 NW 9TH AVE 08-43-45-21-07-004-1560 111 NW 6TH AVE 08-43-45-21-07-003-1000 NW 7TH CT VACANT LOT 08-43-45-21-07-003-1590 125 NW 6TH AVE 08-43-45-21-07 -003-1040 815 NW 1ST ST 08-43-45-21-07-003-1540 NW 1ST ST VACANT LOT 08-43-45-21-07-003-1310 809 NW 1ST ST 08-43-45-21-07-003-1562 NW 7TH CT VACANT LOT 08-43-45-21-07-003-1660 211 NW 7TH CT 08-43-45-21-07-003-1690 205 NW 6TH AVE 08-43-45-21-07-003-1080 115 NW 6TH AVE 08-43-45-21-07-003-1020 806 NW 1ST ST 08-43-45-21-07-003-1520 NW 7TH CT VACANT LOT 08-43-45-21-07 -003-1190 225 NW 6TH AVE 08-43-45-21-07-003-1130 219 NW 7TH CT 08-43-45-21-07-003-1700 NW 7TH CT VACANT LOT 08-43-45-21-07-003-1180 919 NW 1ST ST 08-43-45-21-07 -004-1530 712 NW 1ST ST 08-43-45-21-07-003-1250 NW 8TH AVE VACANT LOT 08-43-45-21-07-003-1910 807 NW 1ST ST 08-43-45-21-07 -003-1530 2 ADDRESS COMMENT PCN 221 NW 8TH AVE 08-43-45-21-07-004-1600 215 NW 8TH AVE 08-43-45-21-07-004-1551 NW 7TH CT VACANT LOT 08-43-45-21-07-003-1170 224 NW 7TH CT 08-43-45-21-07-003-1711 N SEACREST BLVD VACANT LOT 08-43-45-21-10-001-0010 N SEACREST BLVD VACANT LOT 08-43-45-21-10-000-0021 101 NE 6TH AVE 08-43-45-21-00-000-0022 103 NE 6TH AVE 08-43-45-21-00-000-0022 105 NE 6TH AVE 08-43-45-21-00-000-0022 107 NE 6TH AVE 08-43-45-21-00-000-0022 109 NE 6TH AVE 08-43-45-21-00-000-0022 111 NE 6TH AVE 08-43-45-21-00-000-0022 113 NE 6TH AVE 08-43-45-21-00-000-0022 115 NE 6TH AVE 08-43-45-21-00-000-0022 117 NE 6TH AVE 08-43-45-21-00-000-0022 119NE6THAVE 08-43-45-21-00-000-0022 121 NE 6TH AVE 08-43-45-21-00-000-0022 123 NE 6TH AVE 08-43-45-21-00-000-0022 125 NE 6TH AVE 08-43-45-21-00-000-0022 127 NE 6TH AVE 08-43-45-21-00-000-0022 129 NE 6TH AVE 08-43-45-21-00-000-0022 131 NE 6TH AVE 08-43-45-21-00-000-0022 133 NE 6TH AVE 08-43-45-21-37 -003-0010 135 NE 6TH AVE 08-43-45-21-37 -003-0020 137 NE 6TH AVE 08-43-45-21-37 -003-0030 139 NE 6TH AVE 08-43-45-21-37-003-0040 141 NE 6TH AVE 08-43-45-21-37-003-0050 143 NE 6TH AVE 08-43-45-21-37-003-0060 145 NE 6TH AVE 08-43-45-21-37 -003-0070 MARTIN LUTHER KING CORRIDOR ADDRESS COMMENT PCN 416 NE 10TH AVE 08-43-45-21-04-000-0020 120 NE 11TH AVE 08-43-45-21-24-000-0050 307 NE 10TH AVE 08-43-45-21-27 -001-0180 117 NE 10TH AVE 08-43-45-21-25-001-0080 NE 9TH AVE VACANT LOT 08-43-45-21-10-004-0120 NE 11TH AVE VACANT LOT 08-43-45-21-22-004-0102 1114 NE 2ND ST 08-43-45-21-22-004-0103 224 NE 10TH AVE 08-43-45-21-04-000-0160 NE 10TH AVE VACANT LOT 08-43-45-21-10-005-0090 216 NE 11TH AVE 08-43-45-21-22-003-0070 151 NE 9TH AVE 08-43-45-21-10-004-0130 NE 10TH AVE VACANT LOT 08-43-45-21-27 -001-0090 324 NE 11TH AVE 08-43-45-21-22-004-0040 NE 11TH AVE VACANT LOT 08-43-45-21-22-003-0011 NE 10TH AVE VACANT LOT 08-43-45-21-25-001-0110 211 NE 10TH AVE 08-43-45-21-27 -001-0240 202 NE 11TH AVE 08-43-45-21-22-003-0100 1010 N SEACREST BLVD 08-43-45-21-10-005-0010 318 NE 10TH AVE 08-43-45-21-04-000-0110 330 NE 10TH AVE 08-43-45-21-04-000-0070 215 NE 10TH AVE 08-43-45-21-27 -001-0230 3 , ADDRESS COMMENT PCN 208 NE 10TH AVE 08-43-45-21-04-000-0201 NE 10TH AVE VACANT LOT 08-43-45-21-27-001-0260 199 NE 10TH AVE 08-43-45-21-27-001-0270 141 NE 9TH AVE 08-43-45-21-10-004-0100 317 NE 10TH AVE 08-43-45-21-27-001-0160 304 NE 10TH AVE 08-43-45-21-04-000-0140 119 NE 10TH AVE 08-43-45-21-25-001-0060 1009 N FEDERAL HWY 08-43-45-21-32-001-0030 206 NE 10TH AVE 08-43-45-21-04-000-0202 220 NE 10TH AVE 08-43-45-21-04-000-0170 212 NE 11TH AVE 08-43-45-21-22-003-0080 1009 NE 3RD ST 08-43-45-21-18-000-1570 124 NE 10TH AVE 08-43-45-21-10-005-0060 NE 3RD ST VACANT LOT 08-43-45-21-18-000-1540 225 NE 10TH AVE 08-43-45-21-27-001-0210 425 NE 10TH AVE 08-43-45-21-22-006-0021 305 NE 10TH AVE 08-43-45-21-27-001-0191 124 NE 11TH AVE 08-43-45-21-24-000-0040 340 NE 10TH AVE 08-43-45-21-04-000-0050 409 NE 10TH AVE 08-43-45-21-27-001-0060 321 NE 10TH AVE 08-43-45-21-27-001-0150 336 NE 10TH AVE 08-43-45-21-04-000-0060 1105 N FEDERAL HWY 08-43-45-21-32-008-0020 111 N E 10TH AVE 08-43-45-21-25-001-0100 NE 9TH AVE VACANT LOT 08-43-45-21-10-004-0090 225 NE 9TH AVE 08-43-45-21-18-000-1660 128 NE 11TH AVE 08-43-45-21-24-000-0030 NE 10TH AVE VACANT LOT 08-43-45-21-04-000-0041 NE 10TH AVE VACANT LOT 08-43-45-21-04-000-0080 110 NE 10TH AVE 08-43-45-21-10-005-0030 207 NE 9TH AVE 08-43-45-21-18-000-1710 213 NE 9TH AVE 08-43-45-21-18-000-1690 1017 N FEDERAL HWY 08-43-45-21-32-001-0010 320 NE 11TH AVE 08-43-45-21-22-004-0060 308 NE 10TH AVE 08-43-45-21-04-000-0130 405 NE 10TH AVE 08-43-45-21-27-001-0080 310 NE 11TH AVE 08-43-45-21-22-004-0081 1001 N RAILROAD AVE 08-43-45-21-18-000-1510 NE 10TH AVE VACANT LOT 08-43-45-21-25-001-0121 111 NE9THAVE 08-43-45-21-10-004-0030 NE 10TH AVE VACANT LOT 08-43-45-21-27-001-0120 117 N E 9TH AVE 08-43-45-21-10-004-0050 925 N FEDERAL HWY 08-43-45-21-32-001-0041 315 NE 10TH AVE 08-43-45-21-27-001-0170 339 NE 10TH AVE 08-43-45-21-27-001-0100 231 NE 9TH AVE 08-43-45-21-18-000-1650 214 NE 10TH AVE 08-43-45-21-04-000-0190 322 NE 11TH AVE 08-43-45-21-22-004-0050 224 NE 11TH AVE 08-43-45-21-22-003-0050 211 NE 9TH AVE 08-43-45-21-18-000-1700 4 ADDRESS COMMENT PCN NE 11TH AVE VACANT LOT 08-43-45-21-22-004-0110 NE 11TH AVE VACANT LOT 08-43-45-21-22-004-0092 141 NE 10TH AVE 08-43-45-21-25-001-0010 301 NE 10TH AVE 08-43-45-21-27-001-0200 1118 NE 2ND ST 08-43-45-21-22-004-0104 330 NE 11TH AVE 08-43-45-21-22-004-0031 129 NE 9TH AVE 08-43-45-21-10-004-0080 239 NE 9TH AVE 08-43-45-21-18-000-1620 NE 3RD ST VACANT LOT 08-43-45-21-18-000-1560 NE 11TH AVE VACANT LOT 08-43-45-21-22-004-0082 NE 10TH AVE VACANT LOT 08-43-45-21-04-000-0120 1000 N SEACREST BLVD 08-43-45-21-10-004-0010 334 NE 11TH AVE 08-43-45-21-22-004-0020 NE 9TH AVE VACANT LOT 08-43-45-21-10-004-0070 404 NE 10TH AVE 08-43-45-21-04-000-0030 228 NE 10TH AVE 08-43-45-21-04-000-0150 1017 N RAILROAD AVE 08-43-45-21-04-000-0011 NE 9TH AVE VACANT LOT 08-43-45-21-10-004-0040 NE 11TH AVE VACANT LOT 08-43-45-21-22-006-0022 NE 10TH AVE VACANT LOT 08-43-45-21-10-005-0100 220 NE 11TH AVE 08-43-45-21-22-003-0060 123 NE 9TH AVE 08-43-45-21-10-004-0060 316 NE 11TH AVE 08-43-45-21-22-004-0070 322 NE 10TH AVE 08-43-45-21-04-000-0100 340 NE 11TH AVE 08-43-45-21-22-004-0010 221 NE 9TH AVE 08-43-45-21-18-000-1670 221& 223 NE 10TH AVE 08-43-45-21-27-001-0220 345 NE 9TH AVE 08-43-45-21-18-000-1610 143 NE 9TH AVE 08-43-45-21-10-004-0110 228 NE 11TH AVE 08-43-45-21-22-003-0040 N RAILROAD AVE VACANT LOT 08-43-45-21-18-000-1530 207 NE 10TH AVE 08-43-45-21-27 -001-0250 114 N E 11TH AVE 08-43-45-21-24-000-0060 110 NE 11TH AVE 08-43-45-21-24-000-0070 106 NE 11TH AVE 08-43-45-21-24-000-0080 412 NE 11TH AVE 08-43-45-21-22-006-0023 137 NE 10TH AVE 08-43-45-21-25-001-0040 NE 11TH AVE VACANT LOT 08-43-45-21-22-004-0091 NE 3RD ST VACANT LOT 08-43-45-21-18-000-1550 NE 11TH AVE VACANT LOT 08-43-45-21-22-003-0012 1101 & 1103 N FEDERAL HWY 08-43-45-21-32-008-0010 1115 N FEDERAL HWY 08-43-45- 22-00-003-0020 230 NE 11TH AVE 08-43-45-21-22-003-0020 428 NE 10TH AVE 08-43-45-21-04-000-0012 111 5 N E 1 ST ST 08-43-45-21-24-000-0010 201 NE 9TH AVE 08-43-45-21-18-000-1720 1005 N RAILROAD AVE 08-43-45-21-18-000-1520 416 NE 10TH AVE 08-43-45-21-04-000-0020 335 NE 10TH AVE 08-43-45-21-27 -001-0110 324 NE 10TH AVE 08-43-45-21-04-000-0090 NE 11TH AVE VACANT LOT 08-43-45-21-22-004-0101 306 NE 11TH AVE 08-43-45-21-22-004-0093 118 NE 10TH AVE 08-43-45-21-10-005-0050 132 NE 11TH AVE 08-43-45-21-24-000-0020 208 NE 11TH AVE 08-43-45-21-22-003-0090 235 NE 9TH AVE 08-43-45- 21-18-000-1640 5 . ADDRESS COMMENT PCN 402 NE 11TH AVE 08-43-45-21-22-006-0010 126 & 128 NE 10TH AVE 08-43-45-21-10-005-0070 325 NE 10TH AVE 08-43-45-21-27 -001-0140 417 NE 10TH AVE 08-43-45-21-27-001-0050 FOURTH/FIFTH AVENUE ADDRESS COMMENT PCN NE 5TH AVE VACANT LOT 08-43-45-21-00-000-5010 114 NE 5TH AVE 08-43-45-21-28-001-0010 118 NE 5TH AVE 08-43-45-21-28-001-0020 122 NE 5TH AVE 08-43-45-21-28-001-0031 136 NE 5TH AVE 08-43-45-21-28-001-0041 140 NE 5TH AVE 08-43-45-21-28-001-0061 144 NE 5TH AVE 08-43-45-21-28-001-0071 512 & 516 N SEACREST BLVD 08-43-45-21-29-003-0054 508 N SEACREST BLVD 08-43-45-21-29-003-0071 N SEACREST BLVD VACANT LOT 08-43-45-21-29-003-0033 N SEACREST BLVD VACANT LOT 08-43-45-21-29-003-0032 N SEACREST BLVD VACANT LOT 08-43-45-21-29-003-0020 103 & 105 NE 4TH AVE 08-43-45-21-29-003-0081 NE 4TH AVE VACANT LOT 08-43-45-21-29-003-0051 115 NE 4TH AVE 08-43-45-21-29-003-0052 121 NE 4TH AVE 08-43-45-21-29-003-0041 127 NE 4TH AVE A & B 08-43-45-21-29-003-0034 133 NE 4TH AVE 08-43-45-21-29-003-0031 145 & 147 NE 4TH AVE 08-43-45-21-29-003-0014 511 NE 1ST ST 08-43-45-21-29-003-0012 515 NE 1ST ST 08-43-45-21-29-003-0013 517 NE 1ST ST 08-43-45-21-29-003-0011 TOWN SQUARE ADDRESS COMMENT PCN 100 E BOYNTON BEACH BLVD CITY HALL PARCELS 08-43-45-28-06-000-0041 08-43-45-28-06-000-0160 08-43-45-28-06-000-0030 08-43-45-28-06-000-0020 08-43-45-28-06-000-0210 125 E OCEAN AVE OLD HIGH SCHOOL 08-43-45-28-05-014-0020 129 E OCEAN AVE SCHOOLHOUSE MUSEUM N SEACREST BLVD PARKING AREA 08-43-45-28-05-014-0063 N SEACREST BLVD ALONG SEACREST BLVD 08-43-45-28-05-014-0062 NE 1ST ST PARKING - NE 1ST ST 08-43-45-28-03-007-0010 128 E OCEAN AVE CIVIC CENTER 08-43-45-28-05-015-0020 208 NE 1ST ST 08-43-45-28-03-003-0112 201 NE 1ST AVE 08-43-45-28-03-003-0111 NE 1ST AVE VACANT LOT 08-43-45-28-03-003-0130 145 SE 2ND AVE MADSEN REC CENTER 08-43-45-28-05-016-0010 125 SE 2ND AVE THE ART CENTER 208 S SEACREST BLVD BOYNTON LIBRARY 6 . CRA OFFICE ADDRESS COMMENT PCN 211 E OCEAN AVE FUTURE CRA OFFICE 08-43-45-28-03-004-0130 RESIDENTIAL PARCELS: 296 COMMERICAL PARCELS: 32 PUBLIC USAGE PARCELS: 13 RECREATION PARCELS: 2 TOTAL PARCELS: 343 7 I · . I . .. L ",. _ 'R' . J:"" ,'N ~ _ ,::r' r __ .___.~ .. "...'._ .J~:"'" '.... . \, _,' v ., Q ~", . _~, , , 1'" . ,y _ -C' "i ,'.~""_' o,! . _._ .!~, ..............,..... Il'j . ,- .., .. . -"""'~ . , . cr""" ".." ~_.._ ,1, " \ - "~ " ,. . ~. , ,. ' Sml""""- -". :II!! : , I~; · ,.'~.' ~ ~~ " \ .. ; ;~tl;""~k Rd. . 1:."".1 -"', u .,cJ?'" ",I,.. _ " "" 0-0<.. ,,~ a J', ,j' * . j. _ L ';"" ,..'''';'! : J --.~ ~ " tJ1 '. ~"q tf"'""1 /7 ' 0 ~.'. '~,' C Jij Ill' ".". ~... . """".. '. ..""':'It ''''-.' 1 ., ",. " .... ,.;: , " 0 a v ~"Ii' ~ " ..1.#,.- U ',;,A. ,', ',..' Z"1 ' _ "" U . . "PolW' R~ ...,-'" , "M . · -, . . - .,. . 1f,N~ " , ,~..::. . 3f~~ J" , '.;! ,it, ,;: 3 c .~,I .- .". . .....' ~ , " ....~. . ~"d' ..,' ' ,'. ", .. .. '''" ." . - ~ ',... . ". . 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office D April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6. 2008 April 14, 2008 (Noon) D July 1,2008 June 16,2008 (Noon) [8J May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) ,,~ ..~ .~ "..;,~ D June 3. 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) -~., c,) D Announcements/Presentations [8J City Manager's Report c.:::J> D Administrative D New Business -':-'/";'1 NATURE OF ..,.... -- .- AGENDA ITEM D Consent Agenda D Legal __J .- D D - ' . Code Compliance & Legal Settlements Unfinished Business u.) ,-') D D - Public Hearing RECOMMENDATION: Motion to approve a six-day work schedule for Solid Waste residential refuse collection and change current collection from Monday, Tuesday, Thursday, Friday to Monday through Saturday. EXPLANATION: Due to the local economy situation staff has been looking at ways to cut expenses without cutting critical services. The private sector of the solid waste industry has always operated on a six-day work schedule. This is done to fully utilize capital assets while still providing good service to their customers. By operating on this schedule it reduces the number of trucks to purchase and does not increase the need for any additional labor. Maintenance and prefunding expenses would be reduced. PROGRAM IMPACT: By changing from a 4-day collection schedule to a 6-day collection schedule this will allow the reduction of two garbage vehicles, a recycling vehicle and two trash vehicles saving approximately $175,155 annually in maintenance and pre-funding expenses. Labor costs would stay the same because it would take the same amount of employees to perform the job with the exception of holiday make up day overtime. Employees who are not scheduled to work on a holiday would receive holiday pay but would not receive time and a half for a make up day because there would no longer be make up days after a holiday. This would save an additional $15,000 in overtime. Currently when a holiday occurs staff works a make up day so there is no effect on service i.e., two collections per week. On the six day schedule employees will work on all holidays with the exception of Thanksgiving Day, Christmas Day and New Years Day. It is important to note during weeks that contain these three prominent holidays residential refuse will only be collected one time. There will be no make up day and residents will be served on their next scheduled collection day. S\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Upon approval this change will be effective on Monday, August 4t\ 2008. Staff will implement a notification process by meeting with homeowners associations, press releases, water bill inserts, BBTV, and message on hold. In addition door hangers will be placed on every resident's door. Included in this package are exhibits of a door hanger along with a draft press release FISCAL IMPACT: Savings of $190,155. ALTERNATIVES: Keep the current collection schedule. '9!}k ~ 'I / / 7 - / " (}L-.J;,/?, ( , ~ Department Head's Signature City Manager's Signature .....-;; '. ~~ . A"i","tto City Manag" CJfIi-- /Uhf c L, 25 Department Name City Attorney / Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORMDOC . For Details, Contact: City of Boynton Beach . . Jean Murphy Public Works Department . P.O. Box310 . . Boynton Beach, FL 33425-0310 . Phone (561)742-6200 . . Fax (561) 742-6211 . . . City of Boynton Beach PRESS RELEASE PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION SPECIAL ANNOUNCEMENT ".' ....,......:_:.;.v, Y" .,,,.......,.-, ANNOUNCING A NEW SIX-DAY WORK scfiiEDULE ...., Effective August 4, 2008, Solid Waste residential PiCk,W~~~gice will chaflg~fr()rn a four-day work schedule to a six-day schedule; Monday throughSci:~~~~,Y. Residential customers throughout the City will receive a door hanger notifying therri:6r::any c/:lange in t/:leir pickup !....::'.'!';>,..:,:.^.,'<> schedule. If you /:lave questions, please call at 742-6200, For Immediate Release .......................... City of Boynton Beach PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION ANNOUNCES A NEW SIX-DA Y COLLECTION SCHEDULE Your collection days WILL change as follows: Man Tues Wed Thurs Fri Sat Garbage BulkNeg Recycling If you have questions, please call the Public Works Department at 742-6200. Effective Date: August 4, 2008 More, , , Turn Over Door Hanger Side 2 DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 08-029 TO: Christine Roberts, Assistant Director of Public Works FROM: Larry Quinn, Solid Waste Manager DATE: April 2, 2008 RE: Six-Day Work Schedule The private sector of the solid waste industry has always operated on a six-day work schedule. This is done to fully utilize their capital assets while still providing good service to their customers. By operating on this schedule it allows them to purchase less trucks and does not increase the need for any additional labor. The national, as well as, the local economy is forcing government to look at ways to cut expenses without cutting critical services. I have prepared an attachment that shows what could be saved by the Solid Waste Division should we consider going to a six-day work schedule. I can only conceive two possible downsides to this proposal: 1) What to do to make up missed pickups on holidays and 2) the union fighting our changes in the work schedule. Attachment LQ/jam Cc: PW Files Proposed Six-Day Solid Waste Work Schedule Current Schedule - Residential Recycle Mon. Tues. Wed, Thurs. Fri. Sat. . Total Routes 3 3 0 3 3 0 12 Weekly Total Trucks 4 4 4 4 4 4 4 Proposed Schedule - Residential Recycle Mon. Tues. Wed. Thurs. Fri. Sat. Total Routes 2 2 2 2 2 2 12 Weekly Total Trucks 3 3 3 3 3 3 3 Cost - Maintenance and Replacements - Residential Recvcle Maintenance Replacement Current Schedule $8,555 x 4 trucks = $34,220 $28,000 x 4 trucks = $112,000 Proposed Schedule $8,555 x 3 trucks = $25,665 $28,000 x 3 trucks = $84,000 SAVINGS $8,555 $28,000 The savings in maintenance and pre-funding expense would be approximately $175,155 per year. Labor cost would stay the same because it would take the same amount of people to perform the job with the exception of holiday make up day overtime. Employees who are not scheduled to work on a holiday would receive holiday pay but would not receive time and a half for a make up day. This would save approximately $15,000 in overtime. The work schedules would change and everybody would not be off on Wednesday and Saturday, but they would still only work their 4 - ten-hour days. This is a total annual savings of $190,155. I spoke briefly of my concerns about holiday make-up and the only viable option is to work our crews on all holidays, Two exceptions would be Thanksgiving and Christmas when the landfills are closed. It is also my recommendation that we do not operate residential service on New Year's Day. Participation would be low and I have safety concerns working the morning after New Year's Eve, Residents with pick up on these holidays would be serviced on their next scheduled pickup day. In closing, I think this is a viable option that could be done with a minimum of inconvenience that would give the City a long-term financial savings, If you would like to see a mock work schedule for this scenario, I would be happy to provide it. S:IPW\Solid WastelSolid Waste 6-Day Work Schedule 04-01-08,doc Page 2 of 2 XII. - LEGAL CITY OF BOYNTON BEACH ITEM B.1 AGENDA ITEM REQUEST FOR1h -.~w.._ Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 15,2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) LJ May 6, 2008 April 14,2008 (Noon) o July 1, 2008 June 16,2008 (Noon) g] May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [8J Legal- 2~ Re.a.dIV\~ 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve amendment to Chapter 2, Article V, Section 2-79 (a) of the City of Boynton Beach Code of Ordinances. (Enclosed as City's Exhibit "A") EXPLANATION: This is a staff initiated amendment directed at expediting procedures with respect to abatement of certain nuisances by transferring City Commission review of a Code Compliance Board Order to an administrative review as opposed to a City Commission Agenda item. This amendment will reduce the time necessary for City Commission approval and therefore assist staff in abating a nuisance in a more expeditious fashion. This amendment language mirrors the City Commission review procedure for Code Compliance Board Orders with respect to the reduction of Code Compliance liens. The primary focus of an Order of this type is an unsecured building/structure. As a result of the spike in foreclosures staff has seen a dramatic increase in abandoned buildings some of which are unsecured and used by transients for a variety of purposes. The funding for this activity is derived from a very limited revenue fund fed by application fees ($200.00 per) for those seeking a reduction of their liens. PROGRAM IMP ACT: Approval of this Code amendment will expedite the abatement/securing of buildings helping to reduce the negative impact this situation may have on surrounding properties. FISCAL IMP ACT: (691-5000-590-04-43) This fund as noted above is limited with expenses for boarding up a single family home running anywhere from $500.00 to $1,500.00. Based on past trend analysis staff would anticipate the ability to fund this type of activity would be limited to no more than 5-10 structures annually. tement orders by the Code Compliance City Manager's Signature Assistant to City Manager CvwG Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC I 1 ORDINANCE NO 08- 010 2 " AN ORDINANCE OF THE CITY OF BOYNTON BEACH, -' 4 FLORIDA, AMENDING CHAPTER 2, ARTICLE V OF THE 5 CITY'S CODE OF ORDINANCES, ENTITLED "CODE 6 COMPLIANCE BOARD" BY EXPEDITING PROCEDURES 7 WITH RESPECT TO ABA TEMENT OF CERTAIN 8 NUISANCES; PROVIDING FOR CODIFICATION; 9 PROVIDING FOR CONFLICTS; PROVIDING FOR 10 SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 13 of staff deems it in the best interests of the residents of the City to amend Section 2-79 of 14 Chapter 2, Article 5, entitled "Code Compliance Board" to provide for expedited procedures 15 with respect to abatement of certain nuisances by transferring City Commission review of a Code 16 Compliance Board Order to an administrative review. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 18 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 20 being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. Article V, Code Compliance Board of Chapter 2. Administration. of the 22 Boynton Beach Code of Ordinances, is amended as follows: 23 Sec. 2-79 Administrative fine; liens. 24 (a) The enforcement board, upon notification by the code inspector, that an 25 order of the enforcement board has not been complied with by the said time. or. CODING: Words in strike through type are deletions from existing law: Words in underlined type are additions. Page 1 S\CA\Ordinances\Amending Section 2-79 Code Administrative lines doc I i 1 upon finding that a repeat violation has been committed, may order the violator to 2 pay a fine not to exceed one thousand dollars ($1000.00) per day for a first 3 violation and not to exceed five thousand dollars ($5000.00) per day for a repeat 4 violation and up to fifteen thousand dollars ($15000) per violation if the code 5 enforcement board finds the violation to be irreparable or irreversible in nature for 6 each day the violation continues past the date set by the enforcement board for 7 compliance or, in the case of a repeat violation for each day the repeat violation 8 continues beginning with the date the repeat violation is found to have occurred by 9 the code inspector. In addition, if the violation is a violation described in section 2- 10 76(c), the enforcement board sftallmay render an order which includes authority for 11 the City to notify the city commission, which may make all reasonable repairs 12 which are required to bring the property into compliance and charge the violator 13 with the reasonable cost of the repairs along with the fine imposed pursuant to this 14 section. The City Manager or his designee shall have authority to initiate repairs to 15 bring the property into compliance. When City action is taken the property owner 16 shall be issued an invoice for the reasonable cost of repairs. Making such repairs 17 does not create a continuing obligation on the part of the city to make further 18 repairs or to maintain the property and does not create any liability against the 19 local governing body for any damages to the property if such repairs were 20 completed in good faith. 21 ... 22 23 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 24 Florida that the provisions of this ordinance shall become and be made a part of the City of 25 Boynton Beach Code of Ordinances. The sections of this ordinance may be re-numbered or re- 26 lettered and the word "ordinance" may be changed to "section," "article," or such other 27 appropriate word or phrase in order to accomplish such intentions. 28 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 29 conflict herewith be, and the same are hereby repealed to the extent of such conflict. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Page 2 S:ICAIOrdinances\Amending Section 2-79 Code Administrative fines,doc I I I I 1 Section 5. If any clause, section, or other part or application of this Ordinance shall be 2 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 3 or invalid part or application shall be considered as eliminated and so not affecting the validity of 4 the remaining portions or applications remaining in full force and effect. 5 Section 6. This Ordinance shall become effective immediately upon its passage and 6 adoption. 7 FIRST READING this ~ day of MAV ,2008. 8 9 SECOND, FINAL READING AND PASSAGE this dav of ----.-.-- 10 ,2008, 11 CITY OF BOYNTON BEACH, FLORIDA 12 13 14 Mayor - Jerry Taylor 15 16 17 Vice Mayor - Jose Rodriguez 18 19 20 Commissioner - Ronald Weiland 21 22 23 Commissioner - Woodrow L. Hay 24 25 26 Commissioner - Marlene Ross 27 ATTEST: 28 29 30 Janet M. Prainito, CMC 31 City Clerk 32 33 (CORPORATE SEAL) CODING: Words in strike through type are deletions from existing law: Words in underlined type are additions. Page 3 S\CA\Ordinances\Amending Section 2-79 Code Administrative fines,doc , I II XII. - LEGAL - 1st Reading ITEM C.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office o April 15, 2008 March 31, 2008 (Noon) o June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) o July 1,2008 June 16,2008 (Noon) o May 20, 2008 May 5, 2008 (Noon) o July 15,2008 June 30, 2008 (Noon) o June 3, 2008 May 19,2008 (Noon) o August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfmished Business 0 Public Hearing 0 RECOMMENDATION: Motion to approve Ordinance # changing the Code of Ordinance, Chapter 10, Article II. Refuse, Garbage and Trash allowing for unlimited amounts of vegetation and bulk trash for residential curbside pickup. Approve 25 cents per month residential rate increase. EXPLANATION: On March 4th, 2008 the City Commission directed staff to prepare an Ordinance to update the Code of Ordinances, Chapter 10, Garbage Trash and Offensive Conditions, Sec. 10-24, Single Family Residential Refuse Collection to change weekly collection requirements to allow disposal of unlimited amounts of bulk trash and landscape debris. This is being recommended in an effort to improve the aesthetics of the City. This will result in a 25 cents/per month rate increase to offset the loss of special pickup revenue. This change will be effective on Monday, August 4th, 2008. Staff will implement a notification process by meeting with homeowners associations, press releases, water bill inserts, BBTV, and message on hold. Included in this package are exhibits of door hangers along with a draft press release. PROGRAM IMP ACT: Listed below are three changes that will have the most impact to residents and the program: 1. Early set out (within specifications) - Residents who place trash out on wrong day will incur a $50.00 fme, the trash will be removed immediately and a door hanger will be left explaining the violation. The charge will be added to the resident's water bill. The Code Compliance Officer will be responsible for placing the door hangers, taking pictures and maintaining a database of all violations. 2. Early set out (illegal piles) - Residents who place trash and/or construction debris that is outside the limits (i.e., vegetation bigger than 4" X 4') will incur a special pickup fee determined by supervision. A door hanger will be left and the pile will be removed immediately. The fme will be added to the water bill. Solid Waste supervision will leave a door hanger indicating to the resident the violation along with a fine. A digital picture will be taken and a database will be maintained by the Code Officer. 3. Illegal Pile (placed curbside on proper day) - Illegal pile exceeds more than one cubic yard of Construction and Demolition Material or is vegetation exceeding cuts of 4" X 4' in length. Residents will receive a door hanger explaining the violation, includes a price quote and a time limit of 24-hours to rectify the situation. If the pile is not S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM removed within the 24-hours Solid Waste will return and pickup the pile, take a picture and residents will be charged on their water bill. FISCAL IMPACT: The 25cent/per month residential rate increase equals approximately $65,000 aIlllUally which offsets previous years special pickup revenue. ALTERNATIVES: Keep current code regulations and work schedule. _~w / ~. ~ D~ 'ntH~~ cAwf--- :P.; bl,L lA)o(kP Assistant to City Manager, -\e-- ._--_._-~- Department Name City Attorney / Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM DOC , 1 1 ORDINANCE NO. 08- 2 AN ORDINANCE OF THE CITY COMMISSION OF THE 3 CITY OF BOYNTON BEACH, FLORIDA, AMENDING 4 THE CITY'S CODE OF ORDINANCES, CHAPTER 10, 5 GARBAGE, TRASH AND OFFENSIVE CONDITIONS, 6 ARTICLE II, REFUSE, GARBAGE AND TRASH 7 ALLOWING FOR UNLIMITED AMOUNTS OF 8 VEGETATION AND BULK TRASH FOR RESIDENTIAL 9 CURBSIDE PICKUP; APPROVING A 25 CENTS PER 10 MONTH RESIDENTIAL RATE INCREASE; 11 APPROVING A SIX-DAY COLLECTION SCHEDULE 12 FOR ALL SOLIDW ASTE SERVICES; PROVIDING FOR 13 CONFLICTS, SEVERABILITY, CODIFICA TION AND 14 AN EFFECTIVE DATE. 15 WHEREAS, the City Commission of the City of Boynton Beach directed staff to 16 change weekly collection requirements to allow disposal of unlimited amounts of bulk trash 17 and landscape debris; and 18 WHEREAS, this change will result in a 25 cents/per month rate increase to offset the 19 loss of special pickup revenues; and 20 WHEREAS, the City Commission finds the adoption of an ordinance allowing for 21 nlimited amounts of vegetation and bulk trash for residential curbside pickup; allowing for 22 he increase of 25 cents per month residential rate; and allowing for a six-day collection 23 chedule for all Solid Waste services is in the best interest of the health, safety, and welfare of 24 he citizens and residents of the City of Boynton Beach. 25 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 26 F THE CITY OF BOYNTON BEACH FLORIDA, THAT: 27 Section 1. Each "Whereas" clause set forth above is true and correct and 28 ncorporated herein by this reference. 29 Section 2. Part II, Chapter 10, Garbage, Trash and Offensive Conditions, Article 30 I, Refuse, Garbage and Trash, is amended as follows: 31 ARTICLE II. REFUSE, GARBAGE AND TRASH 32 33 ec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. :\CA \Ordinances\Refuse, Garbage and Trash,doc - ] - 1 All refuse, garbage, trash of all types, vegetative trash, recycling, construction and 2 demolition material accumulated in the City shall be exclusively collected, conveyed and 3 disposed of by the City under the supervision of the Director of Public Works. The Director of 4 Public Works shall have authority to make administrative regulations concerning the days of 5 collection, type and location of waste containers and such other matters pertaining to the 6 collection, conveyance and disposal not otherwise set by the City Commission or the City 7 Manager as he shall find necessary, and to change and modify the same after notice as 8 required by law, provided that such regulations are not contrary to the provisions hereof 9 Sec. 10-23. Definitions. 10 For the purpose of this article, the following words and terms are defined as followS' 11 ,1dditional pickup means a collection of garbage, combustible trash, noncombustible trash, 12 vegetative trash, or bulk trash required due to the inappropriate container, lack of 13 containerization and/or size or type of material placed out for pickup. Service charges ~;hall be 14 assessed against the customer for additional pickups. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 $50.00 service char re will be assessed for am 29 on the wron da '. 30 Commercial means any public or private place, building and/or enterprise or business 31 evoted in whole or in part to a business enterprise, whether nonprofit or profit-making in 32 ature, including, but not limited to hotels, motels, restaurants, offices, industries. stores, 33 arkets, theaters, hospitals and other institutions which hold themselves out to the public as 34 laces of business, services or accommodations. 35 Containers or receptacles: 36 I (1) "Non::containerized" means the use of a "roll-out cart" provided by the City for the 37 se of garbage collection purposes. The cart as defined will be of a special design and 38 onstruction as to allow for the mechanical or automation of collection of garbage. ,\CA\OrdlnancesIRefusc. Garbage and Tra~hdoc , i II 1 (2) "Containerized" or "Dumpster" means a detachable metal container provided by the 2 City designed and intended to be mechanically dumped into a packer-type solid waste vehicle 3 and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City 4 equipment. This type receptacle is normally associated with collection service for commercial 5 or multifamily developments. 6 (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants, 7 business, or institution who choose to use them inside buildings and roll them to the 8 designated outside location for pickup. This type receptacle is normally associated with 9 multifamily or commercial developments. 10 (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of 11 materials, mechanically press or compact the material into a more dense form, and to be 12 serviced by City trucks designed for such operations. The compactor shall be the property of 13 the business, institution, or customer, and shall not be owned, maintained, or repaired by the 14 City. The City shall service the compactor to the extent of collecting and disposal of the 15 material, and will not be responsible for the mechanical operation, repair, energy to operate, 16 or longevity of the device. The customer shall be responsible for consulting with the City 17 prior to purchasing a compactor to assure the compactor and the City trucks used to service 18 he compactor are compatible. Failure on the part of the customer to conduct such 19 coordination shall not waive the requirement that the compactor is to be serviced by City 20 quipment. The City will bear no responsibility for modifying either the compactor, or its 21 quipment to offer the necessary service. This type receptacle can be associated with 22 ommercial, mobile home parks, or institutional type of customers. 23 (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the 24 ity as a part of the residential garbage collection service. The carts are of a design that would 25 llow the City to mechanically collect the garbage, or to automate the garbage collection 26 rocess. 27 (6) "Roll-off containers" are various sized metal containers specially designed for the 28 I ollection of noncombustible trash, construction, demolition, cleaning, renovation, industriat 29 r garbage wastes;-normally associated with construction projects or special events. The 30 ontainers are provided by the City upon request and qualification of the customer, and shall 31 e serviced by the City exclusively on an as needed basis. 32 Dispose means to deliver to approved landfill or transfer station or other approved disposal 33 ethod. 34 Director of Public Works means the Director of Public Works and/or the duly authorized 35 gent. 36 Recycling means any process by which solid waste, or materials which would otherwise 37 ecome solid waste, are collected, separated, or processed and reused or returned to use in the 38 orm of raw materials or products. :\CA\Ordinances\Refuse, Garbage and Trash,doc - 3 - I I I I i 1 I Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible 2 trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition 3 material, hazardous, industrial waste, infectious waste. and recycling material. Such items are 4 hereby further defined as follows: 5 (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the 6 preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables. 7 and any other matter, of any nature which is subject to decay, putrefaction and generation of 8 noxious or offensive gases or odors, or which, during or after decay may serve as a breeding 9 or feeding material for flies or other germ carrying insects; and any bottles, cans or other 10 containers, except recyclable containers, which due to their ability to retain water, may serve 11 as a breeding place for mosquitoes or other insects. Garbage shall not include human solid 12 waste. Garbage is collected from each residential unit in the City twice a week, and from each 13 commercial establishment as requested by the customer or as required by the Director of 14 Public Works when public safety or appearance is jeopardized. 15 (2) "Combustible trash:" ,^.ccumulations of paper, rags or wooden or paper boxes, 16 s'tveepings, small appliances, furniture. toys, and other accumulations of a nature other than 17 garbage which are usual to housekeeping and the operation of stores, offices, and other 18 business places up to an accumulation of one (1) cubic yard. .'\ceumulations of greater than 19 one (1) cubic yard of this material '.",ill be considerod as bulk trash. Combustible trash shall 20 ~ 21 (3) "Noncombustible trash:" Materials that are not burnable at ordinary incineration 22 emperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, 23 ricks, paving and other types of building or demolition materials. The City shall not collect 24 on-combustible trash on a scheduled, routine basis. 25 (4) "Yard trash:" Shall mean vegetative matter resulting from gardening, including 26 ecumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree 27 ranches not to exceed four (4) inches in diameter or four (4) feet in length. ,'\ccumulations 28 " 29 30 . Yard trash shall be collected on scheduled pickup days once a week at all residential 31 nits throughout the City. All yard trash generated by privately contracted yard services shall '"'j e considered as commercial material and shall be disposed of by the private contractor .J~ 33 esponsible for generation of the material. 34 (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing 35 aterial other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of 36 ny type incidental to the care of residential lawns and gardens, including limbs and branches 37 ess than four (4) inches in diameter or four (4) feet in length. 38 (6) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to 39 he following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets. 40 I 'ooden boxes, and other types of household items-,- of size and ','olume less than two (J) \Ci\\Ordinances\Refuse. Garbage and Trash,doc - 4 I I 1 cubic yurds. Bulk trash shall also include owner generated construction debris less than one 2 (1) cubic yard. /\lso included shall bc trees, treo stumps, and treo limbs loss than four (1) 3 inches in diamoter and less than four (1) feet in length except for palm fronds, and the 4 accumulation of such yard '.'laste type material in excess of t'NO (2) cubic yards. 5 (7) "Construction and demolition material:" Commonly referred to as C&D debris, shall 6 be any byproduct material from either the construction or demolition or remodeling, or repair 7 of any type building, structure, or roadway, or driveway materials. Material would commonly 8 contain, but not be limited to, 5aflEl;-building materials, rubble, stone, brick, earthwork, paving 9 materials, concrete, blocks, wood, roofing materials efof all types, metal, piping, asphalt, Girt, 10 fOOksfencing, cabinets7,,-_HV AC ducting, heating and air conditioning equipment, plumbing 11 fixtures and the like. This material will not be collected routinely by the City. The customer 12 should contact the Director of Public Works to schedule the removal, or arrange for a roll-off 13 container to be provided but the City. The cost of this service will be in accordance with the 14 type of materials and the cost of associated disposal. 15 (8) "Hazardous material:" Shall be any type material or product whose chemical or 16 biological nature make it dangerous to the human health if disposed improperly, or that could 17 cause harm to the environment. This includes any material which requires special handling 18 due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and 19 on the health and welfare of the public, including but not limited to explosives, pathological 20 astes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, 21 esticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or 22 ighly flammable chemicals. The City will not collect hazardous material on any regular 23 Solid Waste services. Arrangements for the special disposal shall he made by the customer for 24 he proper, safe, and legal disposal of hazardous material by calling the Solid Waste 25 uthority. 26 (9) "Infectious waste:" Is any type of waste material resulting from the operation of 27 edical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of 28 uman and/or parts, contaminated bandages, pathological specimens, hypodermic needles, 29 ontaminated clothing and surgical gloves. The City will not routinely collect infectious 30 aste. Arrangements for special disposal shall be made privately by the customer for the 31 roper, safe, and legal disposal of infectious waste according to standards within the relevant 32 ndustry. 33 (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, 34 lastic containers, glass bottle and jars, milk and juice cartons, aseptic containers. corrugated 35 ardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries 36 no wet-cell batteries) and other type materials that have known recycling potential, can be 37 easibly recycled, and have been diverted and source separated or have been removed from 38 he solid waste stream for sale, use, or reuse as raw materials, whether or not the materials 39 equire materials would include items that are capable of being recycled and which would 40 therwise be processed or disposed of as solid waste. Recycled material shall be collected on 41 scheduled routine basis from each residential unit in the City. :\CA \Ordinances\Refuse, Garbage and Trash,doc - 5 - II I I I I I 1 Residential dwelling unit means any structure or shelter, house, apartment building, or any 2 part thereof used or constructed for human habitation and shall include bath and culinary '"' accommodations for one or more families. .:) 4 (1) "Single-family dwelling:" means a residential dwelling unit designed to contain onl) 5 one (1) family, or any residential dwelling unit, or any number of residential dwelling units 6 receiving Solid Waste service for each individual dwelling unit. 7 (2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more 8 than one (1) family, and received containerized Solid Waste service. 9 Sanitation s~upervisor. See Director o(Public Works. 10 Special pickup shall be materials not collected routinely. Special pickups will be 11 coordinated '.vith the resident and the Director of Public Works as to time, place, date and 12 items to be picked up. Items to be picked up 'vvill not be deposited at curbside more than 13 twenty four (21) hours prior to the scheduled special pickup. ,^Jl special pickups shall be at 14 additional cost to the resident. ,^"n estimate of the cost of the special pickup should be 15 obtained by contacting the office of the Director of Public Works. Special pickups will be 16 made as soon as practicable upon acceptance of the cost estimate by the owner. Move to 17 "Definitions.' 18 Sec. 10-24. Single family residential -refuse collection. 19 (a) The City will collect noncontainerized residential refuse under the following 20 conditions: 21 (1) Garbage will be collected twice per week at curbside only from each single family 22 esidential unit in the City provided with roll-out garbage carts. The placement of household 23 garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent 24 o the roadway with the expectation of collection shall be strictly prohibited. All material 25 . ntended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid 26 of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the 27 ~treet, but within three (3) feet of the curb or edge of pavement and shall be located a 28 minimum of three (3) feet from any obstruction that may interfere with routine collection. 29 Yard trash and combustible trash will not be collected with household garbage, but will be 30 picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash 31 f.:apable of being containerized should be placed in a standard garbage can, roll-out garbage 32 art, plastic bag, or disposable container. Collection of yard trash should be piled separately 33 rom all other trash at curbside. Any mlxmg of household garbage, combustible. 34 oncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard 35 rash or combustible trash in the paved area of the street or on vacant lots is prohibited. 36 viaterials classified as hazardous material will not be collected by the City. Household 37 arbage, trash or any type of other material intended for collection, shall not be set out prior to 38 :00 P.M. of the day proceeding the scheduled pickup. leA IOrdinanceslRefuse, Garbage and Trash,doc - h - I I 1 (2) All garbage cans provided by the individual customer shall be subject to inspection 2 and approval by the Director of Public Works or designee at all times. A container not 3 approved by the Director of Public Works and which is set out for collection will have a 4 notice placed upon the container, handed to the owner or occupant, or left at his residence and 5 the occupant shall no longer use the container for collection. 6 (3) Special waterproof disposable refuse bags or any other containers may be used for 7 vegetative materials. When such bags or any other containers are used, the responsibility for 8 protection of either the bag or the container and the contents shall rest with the individuals 9 occupying or residing on the property. Rupture of, or damage to the bag or container, from 10 any cause which results in the scattering of refuse prior to the arrival of City collection 11 personnel will obligate the user to reassemble all of the refuse in an undamaged bag or 12 container prior to pickup by the City. 13 I (4) Accumulations of yard trash shall be stacked in compact piles not to eJCceed t'.vo (2) 14 cubic yards in volume at curbside within the confines of residents' or owners' side property 15 lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not 16 collect yard trash produced from commercial tree trimming operations, landscape and lawn 17 maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, 18 landscape contractors and operators of tree and shrubbery maintenance services shall remove 19 all trash and debris from the premises upon which they are working, including but not limited 20 to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. 21 Disposal of yard trash produced by commercial operations or those paid to conduct such 22 operations shall be strictly prohibited. No yard trash shall be placed on property owned or 23 occupied by others without permission. 24 (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to 25 y street, sidewalk, parkway, front yard, side yard or other place within the view of persons 26 sing the City's streets or sidewalks, except as provided herein. Protection of the containers 27 laced for collection is the responsibility of the resident. 28 (6) Curbside residential recycling service will be given to each residential dwelling unit 29 ith the City, once a week. The City shall provide each resident with two (2) recycling bins or 30 arts. One shall be used for the accumulation of plastic containers, glass, aluminum and other 31 llowable co-mingled materials. The other shall be used for newspaper, magazines, glossy 32 aper, office grade paper, and corrugated cardboard. The bins shall be set out on the 33 esignated collection day. 34 (7) The responsibility for proper placement and preparation of solid waste materials for 35 ollection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, 36 pon vacating or moving from any dwelling, storeroom, or any other building in the City, to 37 ail to remove all garbage, rubbish, and debris from such building and premises, and grounds 38 ppurtenant thereto, or to fail to place said waste in an approved sanitary container for 39 isposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this 40 equirement shall obligate the property owner of record to fulfill the responsibility of 41 ompliance with this Article. :ICAIOrdinances\Refuse, Garbage and Trash,doc - 7 - I i 1 (8) Hazardous wastes, infectious wastes, construction and demolition material, dead 2 animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other 3 types of containers or placed loose on the ground with the expectation of having the material 4 collected by the City. These materials are not part of Single Family Residential Refuse 5 Collection Service. The resident and/or property owner should contact the Director of Public 6 Works in order to inquire as to the proper disposal method for such materials. 7 Sec. 10-25. Containerized commercial and residential collection. 8 (a) Regulations governing containerized service: 9 (1) Containerized refuse service shall be carried out by the City at commercial or 10 multifamily residential establishments in the promotion of improved sanitary conditions for 11 the prevention of health hazard. Containers are supplied by and shall remain the property of 12 the City. The landowner is responsible for the protection of containers placed to serve the 13 premises. The landowner shall be liable to the extent of the cost of repairs or replacement of 14 containers when damaged by fire, negligence, vandalism or other forms of abuse, 15 (2) Free dumping access to containers at all times shall be provided by the landowner. 16 All containers shall be located so that the collection vehicle driver can dump containers 17 without leaving the vehicle. 18 (3) Customers using garbage chutes or interior storage shall provide containers on 19 rollers which will be the responsibility of the owner or occupant for maintenance, The 20 landowner shall be responsible for placing (rolling) them to the proper position for emptying 21 and in time for emptying. '17 (4) The size or number of containers shall be determined by the volume of refuse to be 4.~ j''' eposited and will be in direct relationship to the manner in which the user elects to utilize the ~-' 24 pace provided in said container or containers, Charges shall be assessed on the basis of cubic 7~ ards of refuse removed from premises whether manually compacted or loose. ~) 26 (5) At each multifamily site, located adjacent to the dumpsters, or a location approved 27 y the City, the City shall place a minimum of two (2) recycling carts. The carts are for the 28 urpose of collecting recycling materials. The landowner must allow space for the carts 29 djacent to the dumpsters, and properly accessible by the City trucks for servicing. The 30 esidents of the multifamily development shall be encouraged to conduct recycling. The carts 31 ill be serviced a minimum of once a week. The placement of materials, garbage, yard trash, 32 r any other material not approved in the definition of recyclable materials shall be strictly 33 rohibited. This service is provided as a part of the garbage collection fee. 34 (6) Commercial, institutional, and any other type activity requiring containerized 35 arbage collection, except for multifamily collection service, are encouraged to access the 36 arbage and trash stream, to determine the benefits of recycling. The City will provide 37 umpsters, designated for cardboard and paper recycling. The service will be provided for a 38 ee. ':\CA \Ordinances\Refuse, Garbage and Trash doc - g - I 1 Sec. 10-26. Roll-off services. 2 (a) Construction sites. All construction, renovation, remodeling, and repair sites, 3 requiring a permit from the City for work being conducted, shall be maintained in a clean and 4 sanitary condition at all times. Each construction site shall be provided with solid waste 5 containers adequate in size and sufficient in number to accommodate the accumulation of 6 solid waste during the interval between scheduled removals of solid waste from the project 7 site. The number and type of refuse containers shall be subject to the approval of the Public 8 Works Department. The owner of the property, or the contractor conducting the operations, 9 shall have the right to provide the material removal service with his own containers and 10 equipment. In all other cases, the owner or contractor shall be required to obtain such removal 11 services from the City. The Public Works Department shall determine exclusively whether 12 this service would require the use of roll-off containers, or the service could be adequately 13 provided by some other means. 14 (b) Stop work. During the construction of any site project the Building Official may at 15 his/her discretion, issue a written order to stop work on a construction project for failure to 16 maintain the construction site in a clean and sanitary condition, or for failing to adhere to the 17 requirement of this chapter. 18 (c) Final cleanup. Solid waste shall be removed from the construction, renovation, 19 remodeling, or repair site, and the area properly cleaned to the satisfaction of the Director of 20 Public Works within five (5) workdays following the completion and final inspections of the 21 ork performed under a permit, and in all instances prior to the issuance of a certificate of 22 ccupancy by the Building Department. 23 (d) Roll-offlocation. All roll-off containers shall be placed on the customer's property in 24 location accessible for service. Roll-offs may be placed in the public right-of-way only if a 25 ermit to do so is issued by the Engineering Department. 26 General regulations. 27 (a) Predetermination of refuse storage sites required. Prior to the issuance of a building 28 ermit by the City Building Department for the renovation, modification or erection of a new 29 tructure, provisions must be made for the storage and handling of refuse. Such arrangements 30 hall provide free access to containers by mechanized equipment at all times. Acting jointly, 31 he Public Works Department and the City Building Department and the builder-owner- 32 ccupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection 33 equirements. 34 (b) Refuse from containerized residential units will be collected twice a week or as 35 ecessary. Such frequency of service shall be determined exclusively by the Director of 36 ublic Works to ensure public safety, health, cleanliness and appearance. In the case of the 37 ommercial establishment, the customer will be billed for the amount of service required to 38 eet the solid waste standards. ,ICA\Ordinances\Refuse, Garbage and Trash ,doc - 9- , , I I I 1 (c) Duty to record and bill users of City system. The Director of Public Works shall 2 cause to be kept, an accurate record of all persons using the services and facilities of the said '"' municipal refuse collection and disposal system and make charges in accordance with the -' 4 rates and charges herein established. The City may choose to not provide solid waste services 5 because of non-payment. 6 (d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or 7 cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the 8 City or upon any occupied property public square, or upon any street, alley, park, parkway, or 9 in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any 10 storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous 11 or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits of 12 the City in any vessel or receptacle other than in an approved refuse container which is 13 collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free 14 compo sting practices for home gardening purposes. No person shall bum or cause to be 15 burned any refuse or waste anywhere within the City limits, except as otherwise provided by 16 law. 17 (e) Mulch or compost piles permitted Horticultural trash and refuse containing no 18 combustible matter, or which will not, during decay, give off offensive odors, may be 19 accumulated by the owner as a mulch or compost pile in the rear of the residential premises 20 upon which the material is accumulated. Bringing material from offsite onto the property for 21 the sake of composting will be prohibited. Composting for commercial purpose. or 22 composting to develop a marketable product shall be prohibited except for those cases "")'"' allowed by commercial enterprise, and properly licensed to conduct such operations. "--' 24 (t) Ownership of collection refuse and waste, 25 (1) Ownership of refuse and waste material shall be vested in the City at the time of 26 ollection. 27 (2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie. 28 r to interfere with the orderly and legitimate collection of any refuse containers placed for 29 ollection and disposal. It shall be unlawful for any person to scavenge any solid waste 30 ithin the City. 31 (3) Recycling material to be collected, such as newspaper, newspaper/grade papers, 32 nd/or other materials, shall become the property of the City from the time of placement at the 33 urb by the customer, and it shall be a violation of this Article for any person, firm, 34 orporation, or partnership other than the City, to tamper with or to take or remove. or to 35 onvert to its own use in any way, such material. Each such collection in violation hereof 36 rom one (1) or more residences or businesses during such period shall constitute a separate 37 nd distinct offense. '\CA\Ordinances\Refuse. Garbage and Trash,doc 10. I I: 1 (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any 2 solid waste container for collection; however, this section shall not apply to animal parts from 3 food preparation for human consumption. 4 (h) Incinerators. No private incineration units shall be erected or operated within the 5 City from the date of this Article except upon approval of the City Commission, and the 6 issuance of the proper permits and licenses from any and all regulating agencies. 7 (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any 8 landfill or dump within the corporate limits of the City. 9 G) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon 10 the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private 11 property within the City except as provided herein. 12 (k) Non-interference. It shall be unlawful for any person to interfere with any employee 13 of the City while in the performance of their duties as authorized by this chapter. 14 Sec. 10-28. Reserved. 15 Sec. 10-29. Purpose of rates and charges. 16 The rates and charges herein set forth are imposed to provide revenue for the purpose of 17 paying the costs of the operation and maintenance of the refuse collection and disposal system 18 of the City and extensions thereof and replacements thereto and for any other lawful purpose 19 as so determined by the City Commission. 20 ec. 10-30. Rates and charges for City service. 21 The rates and charges for refuse collection service provided by the City shall be as follows: 22 (a) Commercial containerized, excluding multifamily residential units: 23 (1) Monthly commercial charges shall consist of a total of the following three (3) 24 terns: 25 a. Container rental charge-A monthly flat fee to cover the cost of the container by 26 ize as follows: 27 2003/2004 Rates 28 2 cu. yd. container-$20.00 per month 29 3 cu yd. container- 25.00 per month 30 4 cu. yd. container- 30.00 per month :ICAIOrdinances\Refuse, Garbage and Trash ,doc - 11 - I 1 I 1 6 cu. yd. container- 35.00 per month 2 8 cu. yd. container- 40.00 per month " The Public Works Director shall annually adjust these fees based upon changing purchase .) 4 prices of new containers. 5 b. Disposal charge-A fixed disposal charge as set and modified from time to time 6 by the Palm Beach County Solid Waste Authority. This price shall be passed on to the 7 customer directly. 8 c. Operating charge-A fixed charge per cubic yard to cover all other labor and 9 equipment hauling expenses and charges of the Solid Waste Department. The rate in 2004 10 will be fixed at three dollars ($3.00) per cubic yard and will be increased four percent (4%) 11 annually thereafter at the beginning of each fiscal year, or as otherwise provided by the City 12 Commission. 13 (2) Partial monthly service will be charged on a prorated basis, based on the rates in 14 subsection (1 a.) above, 15 (3) Mechanical compressed or compactor refuse shall have the disposal rate 16 computed at a three-to-one (3: 1) ratio of the disposal rates set forth in subsection (1 b.) above. 17 Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be 18 charged. 19 (b) Noncontainerized commercial service: Refuse picked up from residential type cans 20 at commercial establishments shall have their level of service negotiated by the Public Works 21 Department. 22 (c) Rcsid-cntialCollection rates (norlcorltaincrizcd): )" -.) 24 25 26 27 28 29 30 31 32 33 34 \CA \Ordinances\Refuse, Garbage and Trash,doc - 12- I ,I I , I I i 1 (d) Residential rates (containerized, multifamil)): 2 (1) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars 3 ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 4 2008/2009 per month for each family unit for apartments and condominiums that are served 5 by dumpster containers. 6 (2) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars 7 ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 8 2008/2009 per trailer in trailer parks. 9 (e) Special pick'blJ3: Special pickups of items not normally haadled by the '.>Ieekly 10 garbage, trash or recycling pickup, whether due to the type of waste or the volume of waste, 11 may be scheduled by contacting the Public Works Department and the rate for such pickup 12 shall be established by the Director depending on the size and type of removal needed. 13 Residential Multi-Family 14 FY2007 -08 $12.25 $ 9.00 15 FY2008-09 $12.75 $ 9.50 16 FY2009-10 $13.25 $10.00 17 FY2010-11 $] 4.00 $10.75 18 19 (fg) Rate schedule extra pickup of dumpsters at multifamily locations: Three dollars 20 ($J1.00) per cubic yard. 21 (g~) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris 22 shall be established and modified from time to time by the Director of Public Works based 23 upon private markets conditions. 24 Sec. 10-31. Violations and enforcement. 25 It is hereby declared unlawful and a violation of this Article for any person to do or permit 26 o be done any of the following acts or practices: 27 (1) To deposit or place in or cause to be deposited or placed in a trash container any 28 materials other than those defined in this Article as refuse. 29 (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and 30 n good state of repair, all refuse containers. :\CA\Ordinances\Refuse, Garbage and Trash,doc - 13 - 1 (3) To use or supply garbage cans and refuse containers other than those defined and 2 provided for in this Article. 3 (4) To collect or permit to be collected by anyone, the garbage from any garbage 4 container other than by persons regularly employed by the City for that purpose unless 5 specifically authorized by the City Commission. 6 It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by 7 each provision of this Article. The performance on each day of any prohibited act or practice 8 shall constitute a separate offense, and shall be punishable as such. 9 Sees. 10-32-10-49. Reserved. 10 Section 3. Each and every other provision of Chapter 10, not herein specifically 11 amended shall remain in full force and effect as previously enacted. 12 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 13 same are hereby repealed. 14 Section 5. Should any section or provision of this ordinance or portion hereof~ any 15 aragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 16 such decision shall not affect the remainder of this ordinance. 17 Section 6. Authority is hereby granted to codify said ordinance. 18 Section 7. This ordinance shall become effective immediately upon its passage 19 nd adoption. 20 FIRST READING this day of ,2008. 21 ',IC A\OrdinancesIRefuse. Garbage and Trash,doc 14 - II 1 SECOND, FINAL READING AND PASSAGE this day of 2 ,2008. 3 CITY OF BOYNTON BEACH, FLORIDA 4 5 6 Mayor - Jerry Taylor 7 8 9 Vice Mayor - Jose Rodriguez 10 11 12 Commissioner - Ronald Weiland 13 14 15 Commissioner - Woodrow L. Hay 16 17 18 Commissioner - Marlene Ross 19 ATTEST: 20 21 22 23 Janet M. Prainito, CMC 24 City Clerk 25 26 27 (CORPORA TE SEAL) 28 l\CA\Ordinances\Refuse, Garbage and Trash doc - 15 - ARTICLE II. REFUSE, GARBAGE AND TRASH* *Editor's note-Ord. No. 82-29, ,'lr:; 1, enacted Sept, 21, 1982, repealedformer Art. II. ,~\} 10-22-10-39, relative to refuse, garbage and trash, and enacted in lieu thereofa nelt' Art. 11, pertaining to the same subject matter. Former Art. II was derivedfrom Code 1958, ~J 13-2-13-6, 13-9, 13-11, 13-13, 13-33-13-41, and Ord. No. 80-20, ,$ 1, adopted June 3, 1980. Sec. 10-22. City to collect and dispose of garbage; supervision; regulatory authority. All refuse, garbage, trash of all types, vegetative trash, recycling, construction and demolition material accumulated in the City shall be exclusively collected, conveyed and disposed of by the City under the supervision of the Director of Public Works. The Director of Public Works shall have authority to make administrative regulations concerning the days of collection, type and location of waste containers and such other matters pertaining to the collection, conveyance and disposal not otherwise set by the City Commission or the City Manager as he shall find necessary, and to change and modify the same after notice as required by law, provided that such regulations are not contrary to the provisions hereof. (Ord. No. 82-29, S 1,9-21-82; Ord. No. 04-030, S 2, 5-18-04) Sec. 10-23. Definitions. For the purpose of this article, the following words and terms are defined as follows: AdditienElI pickup means a collection of garbage, combustible trash, noncombustible trash, vegetative trash, or bulk trash required due to the inappropriate container, lack of containerization and/or size or type of material placed out for pickup. Service charges shall be assessed against the customer for additional pickups. Svecial Pickuv - Special pickups, and costs referenced herein, shall apply when residential solid waste, exclusive of construction debris, greater than six (6) cubic yards must be collected and disposed of separate from other provisions of this Article. Special pickups will be coordinated with the resident and a Solid Waste Supervisor as to time, place, date, and items to be picked up. Items to be picked up will not be deposited at the curbside more than twenty-four (24) hours prior to the scheduled special pickup. All special pickups shall be at additional cost to the resident. An estimate of the cost of the special pickup should be obtained by contacting the office of the Director of Public Warks. Special pickups will be made as soon as practicable upon acceptance of the cost estimate by the owner. A service fee will be assessed when the following occurs: vegetation that is cut by commercial tree/lawn services, vegetation that exceeds 4 inches in diameter and/or 4 feet in length~ construction/demolition material in excess of 1 cu/yd. The minimum fee for this service is $35.00. Mandatorv Service Charge - An automatic $50.00 service charge will be assessed for any bulk trash/vegetation that is placed for pickup on the wrong day. Commercial means any public or private place, building and/or enterprise or business devoted in whole or in part to a business enterprise, whether nonprofit or profit-making in nature, including, but not limited to hotels, motels, restaurants, offices, industries, stores, markets, theaters, hospitals and other institutions which hold themselves out to the public as places of business, services or accommodations. Containers or receptacles: I (1) "Non=containerized" means the use of a "roll-out cart" provided by the City for the use of garbage collection purposes. The cart as defined will be of a special design and construction as to allow for the mechanical or automation of collection of garbage. (2) "Containerized" or "Dumpster" means a detachable metal container provided by the City designed and intended to be mechanically dumped into a packer-type solid waste vehicle and varying in size from two (2) cubic yards to eight (8) cubic yards adaptable to City equipment. This type receptacle is normally associated with collection service for commercial or multifamily developments. (3) "Containerized or Dumpster with wheels" are containers supplied by the occupants, business, or institution who choose to use them inside buildings and roll them to the designated outside location for pickup. This type receptacle is normally associated with multifamily or commercial developments. (4) "Compactor" is a mechanical device to accept garbage, trash, and other types of materials, mechanically press or compact the material into a more dense form, and to be serviced by City trucks designed for such operations. The compactor shall be the property of the business, institution, or customer, and shall not be owned, maintained, or repaired by the City. The City shall service the compactor to the extent of collecting and disposal of the material, and will not be responsible for the mechanical operation, repair, energy to operate, or longevity of the device. The customer shall be responsible for consulting with the City prior to purchasing a compactor to assure the compactor and the City trucks used to service the compactor are compatible. Failure on the part ofthe customer to conduct such coordination shall not waive the requirement that the compactor is to be serviced by City equipment. The City will bear no responsibility for modifying either the compactor, or its equipment to offer the necessary service. This type receptacle can be associated with commercial, mobile home parks, or institutional type of customers. (5) "Roll-out garbage carts" are specialized garbage carts provided exclusively by the City as a part of the residential garbage collection service. The carts are of a design that would allow the City to mechanically collect the garbage, or to automate the garbage collection process. (6) "Roll-off containers" are various sized metal containers specially designed for the collection of noncombustible trash, construction, demolition, cleaning, renovation, I industrial, or garbage wastes-:-normally associated with construction projects or special events. The containers are provided by the City upon request and qualification of the customer, and shall be serviced by the City exclusively on an as needed basis. Dispose means to deliver to approved landfill or transfer station or other approved disposal method. Director of Public Works means the Director of Public Works and/or the duly authorized agent. Recycling means any process by which solid waste, or materials which would otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. I Refuse shall mean any or all of the following: garbage, combustible trash, noncombustible trash, vegetative trash, contaminated yard trash, bulk trash, construction and demolition material, hazardous, industrial waste, infectious waste, and recycling material. Such items are hereby further defined as follows: (1) "Garbage:" Every accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables, and any other matter, of any nature which is subject to decay, putrefaction and generation of noxious or offensive gases or odors, or which, during or after decay may serve as a breeding or feeding material for flies or other germ carrying insects; and any bottles, cans or other containers, except recyclable containers, which due to their ability to retain water, may serve as a breeding place for mosquitoes or other insects. Garbage shall not include human solid waste. Garbage is collected from each residential unit in the City twice a week, and from each commercial establishment as requested by the customer or as required by the Director of Public Works when public safety or appearance is jeopardized. (2) "Combustible trash:" 1-\ccumulations of paper, rags or '.vooden or paper boxes, sv/eepings, small appliances, furniture, toys, and other ace-\ifIRilations of a nature other than gllf'bage which are usual to housekeeping and the operation of stores, offices, and other business places up to an ace'lHIlulation of one (1) cubic yard. 1-\ecumulations of greater than one (1) cubic yard of this material will be considered as bulk trash. Combustible trash shall be collected on seheduled pickup days once a week at all residential units throughout the City. (3) "Noncombustible trash:" Materials that are not burnable at ordinary incineration temperatures, such as metals, mineral matter, metal furniture and auto bodies and parts, dirt, bricks, paving and other types of building or demolition materials. The City shall not collect non-combustible trash on a scheduled, routine basis. (4) "Yard trash:" Shall mean vegetative matter resulting from gardening, including accumulation of lawn, grass, shrubbery cuttings, dry leaf rakings, palm fronds, small tree branches not to exceed four (4) inches in diameter or four (4) feet in length. f.eoumulations of subjeet material up to t'110 (2) Olwic yards shall be considered as "yard trash". f..eeumulations ia exeess oftwo (2) oubic yards or the material, or shall be coasidered as bulk trash. Yard trash shall be collected on scheduled pickup days once a week at all residential units throughout the City. All yard trash generated by privately contracted yard services shall be considered as commercial material and shall be disposed of by the private contractor responsible for generation of the material. (5) "Contaminated yard waste:" Shall mean any yard and garden waste pile containing material other than containerized grass or leaves, shrubbery cuttings, or vegetative matter of any type incidental to the care of residential lawns and gardens, including limbs and branches less than four (4) inches in diameter or four (4) feet in length. (6) "Bulk trash:" Shall mean large objects and items, however not necessarily limited to the following: washers, dryers, furniture (including mattresses and springs), rugs, cabinets, wooden boxes, and other types of household items-,- of size and volume less than t'1"O (2) eubie yards. Bulk trash shall also include owner generated construction debris less than one (1) cubic yard. L^..}SO iaeluded shall be trees, tree stumps, and tree limbs less than f{)ur (1) inehes in diarFleter and less than four (1) feet in length except for palm fronds, aad the aeeumulation of such yard v/aste type material in exoess of t'.','o (2) cubic yards. (7) "Construction and demolition material:" Commonly referred to as C&D debris, shall be any byproduct material from either the construction or demolition or remodeling, or repair of any type building, structure, or roadway, or driveway materials. Material would commonly contain, but not be limited to, Sft:ftEl,building materials, rubble, stone, brick, earthwork, paving materials, concrete, blocks, wood, roofing materials erof all types, metal, piping, asphalt, dirt, rocksfencing, cabinets~~-_HV AC ducting, heating and air conditioning equipment, plumbing fixtures and the like. This material will not be collected routinely by the City. The customer should contact the Director of Public Works to schedule the removal, or arrange for a roll-off container to be provided but the City. The cost of this service will be in accordance with the type of materials and the cost of associated disposal. (8) "Hazardous material:" Shall be any type material or product whose chemical or biological nature make it dangerous to the human health if disposed improperly, or that could cause harm to the environment. This includes any material which requires special handling due to its acute or chronic effects on air and water quality, on fish, wildlife, or other biota and on the health and welfare of the public, including but not limited to explosives, pathological wastes, radioactive materials, oil-based paints, thinners, fluorescent bulbs, auto fluids, pesticides, flares, pool chemicals, sharps or needles, batteries, and acidic, caustic, toxic or highly flammable chemicals. The City will not collect hazardous material on any regular Solid Waste services. Arrangements for the special disposal shall he made by the customer for the proper, safe, and legal disposal of hazardous material by calling the Solid Waste Authority. (9) "Infectious waste:" Is any type of waste material resulting from the operation of medical clinics, hospitals, abattoirs, and other facilities producing waste which may consist of human and/or parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and surgical gloves. The City will not routinely collect infectious waste. Arrangements for special disposal shall be made privately by the customer for the proper, safe, and legal disposal of infectious waste according to standards within the relevant industry. (10) "Recyclable materials:" Shall mean newspaper (including inserts), aluminum, plastic containers, glass bottle and jars, milk and juice cartons, aseptic containers. corrugated cardboard, brown paper bags, mixed paper, tin, and ferrous cans, household dry-cell batteries (no wet-cell batteries) and other type materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require materials would include items that are capable of being recycled and which would otherwise be processed or disposed of as solid waste. Recycled material shall be collected on a scheduled routine basis from each residential unit in the City. Residential dwelling unit means any structure or shelter, house, apartment building, or any part thereof used or constructed for human habitation and shall include bath and culinary accommodations for one or more families. (1) "Single-family dwelling:" means a residential dwelling unit designed to contain only one (1) family, or any residential dwelling unit, or any number of residential dwelling units receiving Solid Waste service for each individual dwelling unit. (2) "Multi-family dwelling:" means a residential dwelling unit designed to contain more than one (1) family, and received containerized Solid Waste service. Sanitation tfS,upervisor. See Director a/Public Works. Special pic/cup shall be materials not collected routinely. Special pickups v.'ill be coordinated '.vith the resident and the Director of Public Works as to time, place, date and items to be picked up. Items to be picl((:ld up will not be deposited at curbside more than t'vventy folli' (21) holli's prior to the scheduled special pickup. .^..ll spe6ial pickups shall be at additional cost to the resident. An estimate of the cost of the special piekup should be obtained by contacting the office ofthe Director of Public \Vorks. Special pickups ':"ill be made as soon as practicable upon acceptance of the 60st estimate by the o\vner. Move to "Definitions" (Ord. No. 82-29, S 1,9-21-82; Ord. No. 92-12, S 1,6-2-92; Ord. No. 94-28, S 1,9-9-94; Ord. No. 04-030, S 2, 5-18-04) I Sec. 10-24. Single family residential -refuse collection. (a) The City will collect noncontainerized residential refuse under the following conditions: (1) Garbage will be collected twice per week at curbside only from each single family residential unit in the City provided with roll-out garbage carts. The placement of household garbage in a loose and uncontained manner on the roadside, swale or other locations adjacent to the roadway with the expectation of collection shall be strictly prohibited. All material intended for disposal with the roll-out garbage carts shall be placed inside the cart, and the lid of the cart must be closed. All refuse cans and carts shall be aboveground, placed off the street, but within three (3) feet of the curb or edge of pavement and shall be located a minimum of three (3) feet from any obstruction that may interfere with routine collection. Yard trash and combustible trash will not be collected with household garbage, but will be picked up once per week on a scheduled trash pickup day. Yard trash and combustible trash capable of being containerized should be placed in a standard garbage can, roll-out garbage cart, plastic bag, or disposable container. Collection of yard trash should be piled separately from all other trash at curbside. Any mixing of household garbage, combustible, noncombustible, or bulk trash with the yard trash shall be strictly prohibited. Placing of yard trash or combustible trash in the paved area of the street or on vacant lots is prohibited. Materials classified as hazardous material will not be collected by the City. Household garbage, trash or any type of other material intended for collection, shall not be set out prior to 6:00 P.M. of the day proceeding the scheduled pickup. (2) All garbage cans provided by the individual customer shall be subject to inspection and approval by the Director of Public Works or designee at all times. A container not approved by the Director of Public Works and which is set out for collection will have a notice placed upon the container, handed to the owner or occupant, or left at his residence and the occupant shall no longer use the container for collection. (3) Special waterproof disposable refuse bags or any other containers may be used for vegetative materials. When such bags or any other containers are used, the responsibility for protection of either the bag or the container and the contents shall rest with the individuals occupying or residing on the property. Rupture of, or damage to the bag or container, from any cause which results in the scattering of refuse prior to the arrival of City collection personnel will obligate the user to reassemble all of the refuse in an undamaged bag or container prior to pickup by the City. I (4) Accumulations of yard trash shall be stacked in compact piles not to exee€ld two (2) oubic ya-rds in volume at curbside within the confines of residents' or owners' side property lines. Deposits of yard trash shall not obstruct pedestrian or vehicular traffic. The City will not collect yard trash produced from commercial tree trimming operations, landscape and lawn maintenance operators. Tree trimmers, or privately employed tree trimmers, tree arborists, landscape contractors and operators of tree and shrubbery maintenance services shall remove all trash and debris from the premises upon which they are working, including but not limited to limbs, tree trunks, roots, shrubbery clippings, and other debris emanating from their work. Disposal of yard trash produced by commercial operations or those paid to conduct such operations shall be strictly prohibited. No yard trash shall be placed on property owned or occupied by others without permission. (5) Refuse containers, cans, and carts shall not be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard or other place within the view of persons using the City's streets or sidewalks, except as provided herein. Protection ofthe containers placed for collection is the responsibility of the resident. (6) Curbside residential recycling service will be given to each residential dwelling unit with the City, once a week. The City shall provide each resident with two (2) recycling bins or carts. One shall be used for the accumulation of plastic containers, glass, aluminum and other allowable co-mingled materials. The other shall be used for newspaper, magazines, glossy paper, office grade paper, and corrugated cardboard. The bins shall be set out on the designated collection day. (7) The responsibility for proper placement and preparation of solid waste materials for collection shall be that of the resident of the dwelling unit. It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom, or any other building in the City, to fail to remove all garbage, rubbish, and debris from such building and premises, and grounds appurtenant thereto, or to fail to place said waste in an approved sanitary container for disposal in accordance herewith. Failure of a renter, lessee, and/or tenant to comply with this requirement shall obligate the property owner of record to fulfill the responsibility of compliance with this Article. (8) Hazardous wastes, infectious wastes, construction and demolition material, dead animals and any other prohibited waste shall not be placed in garbage cans, bags. or any other types of containers or placed loose on the ground with the expectation of having the material collected by the City. These materials are not part of Single Family Residential Refuse Collection Service. The resident and/or property owner should contact the Director of Public Works in order to inquire as to the proper disposal method for such materials. (Ord. No. 82-29, 9 1, 9-21-82; Ord. No. 92-12, SS 2-4,6-2-92; Ord. No. 94-28, S 2, 9-9- 94; Ord. No. 04-030,92,5-18-04) Sec. 10-25. Containerized commercial and residential collection. (a) Regulations governing containerized service: (1) Containerized refuse service shall be carried out by the City at commercial or multifamily residential establishments in the promotion of improved sanitary conditions for the prevention of health hazard. Containers are supplied by and shall remain the property of the City. The landowner is responsible for the protection of containers placed to serve the premises. The landowner shall be liable to the extent of the cost of repairs or replacement of containers when damaged by fire, negligence, vandalism or other forms of abuse. (2) Free dumping access to containers at all times shall be provided by the landowner. All containers shall be located so that the collection vehicle driver can dump containers without leaving the vehicle. (3) Customers using garbage chutes or interior storage shall provide containers on rollers which will be the responsibility of the owner or occupant for maintenance. The landowner shall be responsible for placing (rolling) them to the proper position for emptying and in time for emptying. (4) The size or number of containers shall be determined by the volume of refuse to be deposited and will be in direct relationship to the manner in which the user elects to utilize the space provided in said container or containers. Charges shall be assessed on the basis of cubic yards of refuse removed from premises whether manually compacted or loose. (5) At each multifamily site, located adjacent to the dumpsters, or a location approved by the City, the City shall place a minimum of two (2) recycling carts. The carts are for the purpose of collecting recycling materials. The landowner must allow space for the carts adjacent to the dumpsters, and properly accessible by the City trucks for servicing. The residents of the multifamily development shall be encouraged to conduct recycling. The carts will be serviced a minimum of once a week. The placement of materials, garbage, yard trash, or any other material not approved in the definition of recyclable materials shall be strictly prohibited. This service is provided as a part of the garbage collection fee. (6) Commercial, institutional, and any other type activity requiring containerized garbage collection, except for multifamily collection service, are encouraged to access the garbage and trash stream, to determine the benefits of recycling. The City will provide dumpsters, designated for cardboard and paper recycling. The service will be provided for a fee. (Ord. No. 82-29, S 1,9-21-82; Ord. No. 04-030, S 2, 5-18-04) Sec. 10-26. Roll-off services. (a) Construction sites. All construction, renovation, remodeling, and repair sites, requiring a permit from the City for work being conducted, shall be maintained in a clean and sanitary condition at all times. Each construction site shall be provided with solid waste containers adequate in size and sufficient in number to accommodate the accumulation of solid waste during the interval between scheduled removals of solid waste from the project site. The number and type of refuse containers shall be subject to the approval ofthe Public Works Department. The owner of the property, or the contractor conducting the operations, shall have the right to provide the material removal service with his own containers and equipment. In all other cases, the owner or contractor shall be required to obtain such removal services from the City. The Public Works Department shall determine exclusively whether this service would require the use of roll-off containers, or the service could be adequately provided by some other means. (b) Stop work. During the construction of any site project the Building Official may at hislher discretion, issue a written order to stop work on a construction project for failure to maintain the construction site in a clean and sanitary condition, or for failing to adhere to the requirement ofthis chapter. (c) Final cleanup. Solid waste shall be removed from the construction, renovation, remodeling, or repair site, and the area properly cleaned to thesatisfaction of the Director of Public Works within five (5) workdays following the completion and final inspections of the work performed under a permit, and in all instances prior to the issuance of a certificate of occupancy by the Building Department. (d) Roll-off location. All roll-off containers shall be placed on the customer's property in a location accessible for service. Roll-offs may be placed in the public right- of-way only if a permit to do so is issued by the Engineering Department. (Ord. No. 04-030, S 2, 5-18-04) Sec. 10-27. General regulations. (a) Predetermination of refuse storage sites required. Prior to the issuance of a building permit by the City Building Department for the renovation, modification or erection of a new structure, provisions must be made for the storage and handling of refuse. Such arrangements shall provide free access to containers by mechanized equipment at all times. Acting jointly, the Public Works Department and the City Building Department and the builder-owner- occupant, as applicable, shall mutually arrive at a satisfactory arrangement to meet collection requirements. (b) Refuse from containerized residential units will be collected nvice a week or as necessmy. Such frequency of service shall be determined exclusively by the Director of Public Works to ensure public safety, health, cleanliness and appearance. In the case of the commercial establishment, the customer will be billed for the amount of service required to meet the solid waste standards. (c) Duty to record and bill users of City system. The Director of Public Works shall cause to be kept, an accurate record of all persons using the services and facilities of the said municipal refuse collection and disposal system and make charges in accordance with the rates and charges herein established. The City may choose to not provide solid waste services because of non-payment. (d) [Unlawful deposits.] It shall be unlawful for any person to deposit on, or bury in, or cause to be deposited on or buried in, upon any land, vacant or unoccupied premises in the City or upon any occupied property public square, or upon any street, alley, park, parkway, or in any canal, waterway, bridge, easement, or other public passageway, or right-of-way, or any storm drain, rock pit and sand pit, pool or lake within the City any noxious, filthy, malodorous or offensive liquid or solid materials, garbage, refuse, or rubbish anywhere within the limits ofthe City in any vessel or receptacle other than in an approved refuse container which is collected regularly. Nothing in this provision shall prohibit private, backyard, nuisance-free compo sting practices for home gardening purposes. No person shall bum or cause to be burned any refuse or waste anywhere within the City limits, except as otherwise provided by law. Cross references-Depositing litter in bodies of water, f 15-30; polluting park waters, f 16-26. (e) Mulch or compost piles permitted. Horticultural trash and refuse containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the residential premises upon which the material is accumulated. Bringing material from offsite onto the property for the sake of compo sting will be prohibited. Compo sting for commercial purpose, or compo sting to develop a marketable product shall be prohibited except for those cases allowed by commercial enterprise, and properly licensed to conduct such operations. (f) Ownership of collection refuse and waste. (1) Ownership of refuse and waste material shall be vested in the City at the time of collection. (2) It shall be unlawful for any person, not authorized to do so, to open, remove, untie, or to interfere with the orderly and legitimate collection of any refuse containers placed for collection and disposal. It shall be unlawful for any person to scavenge any solid waste within the City. (3) Recycling material to be collected, such as newspaper, newspaper/grade papers, and/or other materials, shall become the property of the City from the time of placement at the curb by the customer, and it shall be a violation of this Article for any person, firm, corporation, or partnership other than the City, to tamper with or to take or remove, or to convert to its own use in any way, such material. Each such collection in violation hereof from one (1) or more residences or businesses during such period shall constitute a separate and distinct offense. (g) Dead animals. It shall be unlawful to place any dead animal or parts thereof in any solid waste container for collection; however, this section shall not apply to animal parts from food preparation for human consumption. (h) incinerators. No private incineration units shall be erected or operated within the City from the date of this Article except upon approval of the City Commission, and the issuance of the proper permits and licenses from any and all regulating agencies. (i) Landfills. It shall be unlawful for any person to create, use, own, or operate any landfill or dump within the corporate limits of the City. (j) Littering. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, storm drains, canals, lakes, other bodies of water, of any public or private property within the City except as provided herein. (k) Non-interference. It shall be unlawful for any person to interfere with any employee of the City while in the performance of their duties as authorized by this chapter. (Ord. No. 82-29, S 1,9-21-82; Ord. No. 04-030,92,5-18-04) Editor's note-Subsection 10-26(h), relative to the disposal of construction or industrial wastes, had been deleted as being duplicative or~ 10-30. Sec. 10-28. Reserved. Editor's note-Provisions designated ~' 10-28, and enumerating certain violations. have been deleted by the editor as being duplicative o.r~'" 1 0-31. Sec. 10-29. Purpose of rates and charges. The rates and charges herein set forth are imposed to provide revenue for the purpose of paying the costs of the operation and maintenance of the refuse collection and disposal system of the City and extensions thereof and replacements thereto and for any other lawful purpose as so determined by the City Commission. (Ord. No. 82-29, S 1, 9-21-82; Ord. No. 94-28, 9 3, 9-9-94; Ord. No. 04-030. S 2. 5-18- 04) Sec. 10-30. Rates and charges for City service. The rates and charges for refuse collection service provided by the City shall be as follows: (a) Commercial containerized, excluding mult(fami~v residential units: (1) Monthly commercial charges shall consist of a total of the following three (3) items: a. Container rental charge-A monthly flat fee to cover the cost of the container by size as follows: 2003/2004 Rates 2 cu. yd. container-$20.00 per month 3 cu yd. container- 25.00 per month 4 cu. yd. container- 30.00 per month 6 cu. yd. container- 35.00 per month 8 cu. yd. container- 40.00 per month The Public Works Director shall annually adjust these fees based upon changing purchase prices of new containers. b. Disposal charge-A fixed disposal charge as set and modified from time to time by the Palm Beach County Solid Waste Authority. This price shall be passed on to the customer directly. c. Operating charge-A fixed charge per cubic yard to cover all other labor and equipment hauling expenses and charges of the Solid Waste Department. The rate in 2004 will be fixed at three dollars ($3.00) per cubic yard and will be increased four percent (4%) annually thereafter at the beginning of each fiscal year, or as otherwise provided by the City Commission. (2) Partial monthly service will be charged on a prorated basis, based on the rates in subsection (1 a.) above. (3) Mechanical compressed or compactor refuse shall have the disposal rate computed at a three-to-one (3:1) ratio of the disposal rates set forth in subsection (lb.) above. Containers with compactors shall be furnished by the owner, therefore, no rental cost shall be charged. (b) Noncontainerized commercial service: Refuse picked up from residential type cans at commercial establishments shall have their level of service negotiated by the Public Works Department. I (c) RcsidcntialCollection rates (noncontaincrizcd): (1) Eleven dollars and fifty cents ($11.50) for fiseal year 2006/2007; twelve dollfrrs ($12.00) for fiscal year 2007/2008; and t'.velvc dollurs and fifty cents ($12.50) for fiscal year 2008/2009 per month for single family d'\vellings. (2) Eloven dollars and fifty cents ($11.50) for fiscal year 2006/2007; tweh'e dollars ($12.00) for fiscal year 2007/2008; and twelve dollars and fifty cents ($12.50) for fiscal year 2008/2009 per month f{)r each family unit duplox or triplex. (3) Eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; twelve dollars ($12.00) for fiscal year 2007/2008; and t\velve dollurs and fifty cents ($12.50) for fiscal year 2008/2009 per month for each family unit for apfrrtments and condominiums. (1 ) Trailer parks, eleven dollars and fifty cents ($11.50) for fiscal year 2006/2007; twelve dollars ($12.00) for fiscal year 2007/2008; and t':/olve dollars and fifty cents ($12.50) for fiscal yoar 2008/2009 per month per trailer. (d) Rcsidcntitll mtcs (contclincrizcd, mNlt~lamil)): (1) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars ($9.00) for fiscal year 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 2008/2009 per month for each family unit for apartments and condominiums that frrc served by dumpster containers. (2) Eight dollars and fifty cents ($8.50) for fiscal year 2006/2007; nine dollars ($9.00) for fiscal yeur 2007/2008; and nine dollars and fifty cents ($9.50) for fiscal year 2008/2009 per trailer in trailer parks. (e) Spccitll pickblfJ: Special pickups of items not normally handled by the weekly garbage, trash or recycling pickup, ,vhether due to the type of waste or the volumo of waste, may be scheduled by contacting the Public \Vorks Department and the rate fDr such pickup shall be established by tho Director depending on the size and type of removal needed. Residential Multi-Family FY2007 -08 $12.25 $ 9.00 FY2008-09 $12.75 $ 9.50 FY2009-10 $13.25 $10.00 FY2010-11 $14.00 $10.75 (fill Rate schedule extra pickup of dumpsters at multifamily locations: Three dollars ($~.OO) per cubic yard. (~) Roll-off rates. Rates for roll-off dumpsters for construction and demolition debris shall be established and modified from time to time by the Director of Public Works based upon private markets conditions. (Ord. No. 82-29, S 1,9-21-82; Ord. No. 83-36, S 1, 10-18-83; Ord. No. 85-55, S 1, 11-15- 85; Ord. No. 86-36, S 2,10-21-86; Ord. No. 90-36, S 1,9-18-90; Ord. No. 91-63, S 1,9- 19-91; Ord. No. 92-49, S 1,10-8-92; Ord. No. 93-33, SS 1,2,9-21-93; Ord. No. 94-28, S 4,9-9-94; Ord. No. 04-030, S 2, 5-18-04; Ord. No. 04-072, S 2, 8-17-04; Ord. No. 05- 055, S2, 9-20-05; Ord. No. 06-077, S 2, 9-6-06) Sec. 10-31. Violations and enforcement. It is hereby declared unlawful and a violation of this Article for any person to do or permit to be done any of the following acts or practices: (1) To deposit or place in or cause to be deposited or placed in a trash container any materials other than those defined in this Article as refuse. (2) To fail or neglect to keep or cause to be kept clean and sanitary, tightly covered and in good state of repair, all refuse containers. (3) To use or supply garbage cans and refuse containers other than those defined and provided for in this Article. (4) To collect or permit to be collected by anyone, the garbage from any garbage container other than by persons regularly employed by the City for that purpose unless specifically authorized by the City Commission. It shall be unlawful for any person to fail, neglect, or refuse to comply with and abide by each provision of this Article. The performance on each day of any prohibited act or practice shall constitute a separate offense, and shall be punishable as such. (Ord. No. 82-29, S 1,9-21-82; Ord. No. 04-030, S 2, 5-18-04) Sees. 10-32-10-49. Reserved. For Details, Contact: City of Boynton Beach Jean Murphy Public Works Department P.O. Box 310 Boynton Beach, FL 33425-0310 Phone (561) 742-6200 Fax (561) 742-6211 City of Boynton Beach PRESS RELEASE PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION SPECIAL ANNOUNCEMENT CHANGE IN RESIDENTIAL VEGETA TION and BULK TRASH PICK UP The City of Boynton Beach is changing its residential vegetation and bulk trash collection procedure, Effective August 4, 2008, residents will be able to place unlimited.amounts of bulk trash and trimmed vegetation at the curb for pickup. Branches and trees must not exceed 4-foot lengths, not exceed 4 inches in diameter, and must be placed at the curb, The vegetation will be collected on the normal residential bulk trash pickup day in your neighborhood and in accOrdance with City Code cannot be generated by a commercial trimmer/landscaper. Any violation of these guidelines will result in added special pick up costs. Residents will be able to dispose of unlimited amounts of bulk trash including items such as furniture and applianceS:,., Construction <and demolition debris such as fencing, kitchen cabinets, carpeting, and tile is limited to one cubic yard, An additional fee will be assessed for construction and demolition debris exceeding this amount In accordance with City Code, placement of bulk trash or vegetation should be placed at the curb after 6:00p.m, the day before your scheduled pick up day or before 6:00 a.m, on your scheduled pickup day, Placement of vegetation or bulk trash at the curb on any other day will result in immediate collection of the materials and a $50 service fee will automatically be assessed to the homeowner on the water bill. If you have questions, please call the Public Works Department at 742-6200, For Immediate Release . . . . . . . . .. .. . . . .. .. . . .. . .. . .. .. . . .. City of Boynton Beach PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION CHANGE IN RESIDENTIAL VEGETA TION and BULK TRASH PICK UP Effective August 4, 2008, residents will be able to put unlimited amounts of bulk trash and trimmed vegetation at the curb for pickup. Branches and trees should be cut in 4-foot lengths not to exceed 4 inches in diameter, and placed at the curb. The vegetation will be picked up on the residential bulk trash pickup day in your neighborhood and, in accordance with City Code, cannot be generated by a commercial trimmer/landscaper. Residents will be able to put out unlimited amounts of bulk trash including items such as furniture and appliances. Construction and demolition debris such as fencing, kitchen cabinets, carpeting, and tile is limited to one cubic yard. An additional fee will be assessed for construction and demolition debris exceeding this amount. In accordance with City Code, placement of bulk trash or vegetation should be placed at the curb after 6:00 p.m. the day before your scheduled pick up day. Placement of vegetation or bulk trash at the curb prior to these guidelines will result in collection by the City and a $50 service charge will be assessed on the property water bill. More. . . Turn Over Door Hanger Side 1