Agenda 07-21-09
The City of
o nton Beach
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
3rd REVISED AGENDA
JULY 21,2009
Jerry Taylor
Mayor - At Large
Kurt Bressner
City Manager
Woodrow Hay
Vice Mayor - District II
Ron Weiland
Commissioner - District I
Jose Rodriguez
Commissioner- District III
Marlene Ross
Commissioner - District IV
James Cherof
City Attorney
Janet M. Prainito
City Clerk
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GENERAL RULES a. PROCEDURES FOR PUBUC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEmNGS
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).
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CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
3rd REVISED AGENDA
July 21, 2009
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation
C. Pledge of Allegiance to the Flag led by Mayor Jerry Taylor
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY a. SPECIAL EVENTS, a. PRESENTATIONS:
A. Announcements:
1. Reschedule the regular City Commission meeting of September 15, 2009
to September 14, 2009 in order to combine it with the Fire Assessment
Public Hearing for the adoption of the FY 2009/2010 Annual Fire
Assessment Resolution that must be held on September 14, 2009.
B. Community and Special Events:
None
C. Presentations:
1. Proclamations:
None
2. Legislative Update by Senator Chris Smith, District 29
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
3. Presentation by Christine Francois for funds from BODA (Boynton Ocean
District Association) to Community Caring Center and Sister Cities
Program.
IV. PUBUC AUDIENCE:
INDMDUAL SPEAKERS WILL BE UMITED 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 to be made:
Appointment Length of Term
To Be Made Board Expiration Date
II Hay Bldg. Bel. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Bldg. Bd. of Adj. & Appeals Alt 1 yr term to 12/09 (Tabled 2)
IV Ross Cemetery Board Alt 1 yr term to 12/09
III Rodriguez Cemetery Board Reg 3 yr term to 12/09 (Tabled 2)
I Weiland Code Compliance Board Alt 1 yr term to 12/09
II Hay Community Relations Bel. Reg 3 yr term to 12/10
II Hay Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3)
III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/09 (Tabled 3)
IV Ross Education & Youth Advisory Board Stu N/V 1 yr term to 12/09 (Tabled 3)
Mayor Taylor Library Board Alt 1 yr term to 12/09 (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 Meeting of July 7, 2009
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2008-2009 Adopted Budget.
1. Approve a piggy-back contract #RFP 2008-23 of the Town of Palm Beach
for "Cleaning and Evaluating Storm and Sanitary Lines and Structures".
The contract was awarded to AUI, LLC of Jacksonville, FL in the amount
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
of $1,248,938 plus a 10% contingency of $124,893.80 for a total of
$1,373,831.80. (Proposed Resolution No. R09-094)
2. Multi-award by manufacturer with primary, secondary, third, and some
fourth-place vendors, for the "ANNUAL PARTS/SUPPUES FOR LARGE
TRUCKS AND MISCELLANEOUS EQUIPMENT", BID #047-1412-09/MFD.
This year's expenditure will be $120,000.
3. Approve a contract for "CONSTRUCTION OF THE JAYCEE PARK
BOARDWALK", BID #053-2730-09/JA, to Palm Beach Marine
Construction, Inc., of West Palm Beach, FL for a cost of $210,000 and
include in the budgeted amount a 10% contingency of $21,000 for a total
project cost of $231,000 (Proposed Resolution No. R09-09S)
4. Approve a piggy-back on State contract #405-000-10-01 for the purchase
of gasoline and diesel fuel products from Macmillan Oil, Mansfield Oil LLC,
SMF Energy Corp. and Petroleum Traders for use in City vehicles and
equipment for the remainder of the fiscal year for an annual expenditure
of $1,941,532.
5. Approve a piggy-back of City of Boca Raton contract #2005-066 which
was awarded to Hartzell Painting Contractors of Pompano Beach, FL for
painting the East Water Treatment Plant, One Million Gallon Water
Storage Tank and the Three Million Gallon Water Storage Tank for a total
cost of $69,518.40. (Proposed Resolution No. R09-096)
6. Rescind the award of Bid #07-21l0-09/JA to Kemp Group International
Corporation of Miami, FL for the "RE-BID FOR TWO YEAR CONTRACT
FOR SCHOOL CROSSING GUARD SERVICES. (Proposed Resolution No.
R09-097)
C. Resolutions
1. Proposed Resolution No. R09-098 Re: Renewing an
agreement with the Palm Beach Community College to provide for a
continuation of our Fire Rescue Department as a field training site for the
Paramedic and EMT programs.
2. Proposed Resolution No. R09-099 Re: Authorizing
the execution of an amendment to the Interlocal Agreement (ILA) with
Palm Beach County in connection with the voluntary annexation of the
Palm Beach Memorial Park and Sam's Club properties.
3. Proposed Resolution No. R09-100 Re: Declaring and
formally establishing a certain right-of-way known as the missing
connector roadway piece to NW 8th Court that has been in operation and
use for decades.
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
4. Proposed Resolution No. R09-l0l Re: Accepting EMS
Grant C-70 in the amount of $50,000 from Palm Beach County
Department of Public Safety, Division of Emergency Management to
initiate a Gate Pre-emption Program for all communities within the City of
Boynton Beach that are equipped with electronic gates, certifying that
monies from the grant award will improve and expand pre-hospital
services in the Fire Rescue Department's coverage, not be used to
supplant the Department's existing budget allocation, and meet the goals
and objectives of the EMS County Grant plan, and recognize the
additional funding source plus budget, and appropriate an additional
$50,000 for contractual services in the City's Grants Fund for the Fire
Rescue Department to expend the awarded grant funds.
5. Proposed Resolution No. R09-l02 Re: Approving and
authorizing execution of Task Order No. U09-7-4 with Erdman, Anthony
and Associates, Inc., for a "not-to-exceed" amount of $743,145 for
design, bidding and construction management services on Section B of
the Wellfield Interconnection pipeline, plus an owner's contingency of 5%
in the amount of $37,157, to allow for changes in scope or unforeseen
conditions for a total amount of $780,302.
6. Proposed Resolution No. R09-l03 Re: Approving the
assessment of the cost of nuisance abatement on properties within the
City of Boynton Beach.
D. Approve the "SURPLUS VEHICLE/EQUIPMENT LIST" as submitted by Public
Works/Fleet Maintenance and allow for the auction of the same.
E. Approve the return of the balance of a performance bond in the amount of
$256,300 for the Gateway Boulevard widening to a six-lane roadway from North
Congress Avenue eastward to Renaissance Commons Boulevard.
F. Approve the Fire Rescue EMS Division to implement the collection of current past
due and future past due EMS transport bills generated by the Fire Rescue
Department.
G. Accept the written report to Commission of purchases over $10,000 for the
month of June 2009.
H. Accept the Quarterly Report from the City Sustainability Team
I Direct staff to cease preparation of bid documents to procure contractual
garbage (solid waste) collection services from private sector businesses.
VII. CODe COMPLIANCE a. LEGAL SETTLEMENTS:
None
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN ITS DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
A.
Project:
Agent:
Description:
B.
Project:
Agent:
Description:
C.
Project:
Agent:
Owner:
Location:
Description:
D.
Project:
Agent:
Owner:
Location:
Description:
Zoning Permits and Verification (CDRV 09-005)
City-initiated
Request for interim amendments to the Land Development
Regulations, Chapter 1, Article VIII (jst Reading of Proposed
Ordinance No. 09-032) and Chapter 2, Section 4,], to enable
the review for issuance of zoning permits and zoning verifications.
(jst Reading of Proposed Ordinance No. 09-033)
Non-residential uses within residential zoning districts -
Establishment of Pre-existing provisions and Related
Improvements (CDRV 09-006)
City-initiated
Request for interim amendments to the Land Development
Regulations, Chapter 2, Zoning, Section l1(C), to establish
provisions, related improvements, and expansion limits applicable
to non-conforming churches within single-family zoning districts.
(jst Reading of Proposed Ordinance No. 09-034)
NE llTHINE 12TH Avenue Alley (ABAN 09-002)
Andrew Mack, Engineer
City of Boynton Beach
Between NE 11th Avenue and NE 12th Avenue, east of North
Sea crest Boulevard
City-initiated request for abandonment of an unimproved alley
right-of-way five (5) feet in width lying between NE 11th Avenue
and NE 1th Avenue, extending east from North Sea crest
Boulevard to an area west of Railroad Avenue. (jst Reading of
Proposed Ordinance No. 09-035)
J.R. Watersports (ABAN 09-003)
Beril Kruger of Beril Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
725 North Federal Highway
Request for abandonment of an unimproved alley approximately
20 feet wide by 206 feet in length, totaling 4,135 square feet,
running north and south adjacent to and parallel with the Florida
East Coast (FEe) railroad. (1st Reading of Proposed
Ordinance No. 09-036)
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
E.
Project:
Agent:
Owner:
Location:
Description:
F.
Project:
Agent:
Owner:
Location:
Description:
J.R. Watersports (COUS 09-001/MSMP 09-002)
Beril Kruger of BeriJ Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
725 North Federal Highway
Request for conditional use/major site plan modification approval
for conversion of two (2) vacant buildings totaling 7,419 square
feet to a new boat dealership including an ancillary
customization/service component in a General Commercial (C-4)
zoning district.
Southern Pine Lumber (MSPM 09-005)
Timothy J. Healey, Frontier Engineering, Inc.
Richard S. Kozell of Southern Pine Lumber Company
11 West Industrial Avenue
Request for major site plan modification approval to add a 1,056
square foot modular office building and associated site
improvements and to demolish the existing 611 square foot office
building, on a 0.84-acre parcel in the M-1 zoning district.
IX. CITY MANAGER'S REPORT:
A. (Intentionally left blank)
B. CRA Application, timeline and process
C. Historic Preservation Ordinance
D. Policy Discussion on construction of a new police facility
X. FUTURE AGENDA ITEMS:
A. Consider the continuation or deferral of the "CONSTRUCTION OF CONGRESS
AVENUE BARRIER FREE PLAYGROUND", Bid #017-2730-09/JA to Ocean Gate
General Contractors of Stuart, FL for $1,925,000 plus an owner's contingency of
10% in the amount of $192,500 for a total expenditure of $2,117,500/501(c)(3)
Discussion (Proposed Resolution No. R09-073) (Tabled to Budget
Workshop)
XI. NEW BUSINESS:
None
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
XII. LEGAL:
A. Ordinances - 2nd Reading - Development - PUBUC HEARING
1. Proposed Ordinance No. 09-003 Re: Approving a
request to annex the properties. (Sam's Club ANEX 09-001) (Tabled
on June 2, 2009)
2. Proposed Ordinance No. 09-004 Re: Approving a
request to annex the properties. (Northstar ANEX 09-001) (Tabled
on June 2, 2009)
3. Proposed Ordinance No. 09-005 Re: Amending the
Comprehensive Plan Future Land use Map classification on ::i:41.19 acres
of land from Commercial High (CH/5) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Sam's Club LUAR 09-002)
(Tabled on June 2, 2009)
4. Proposed Ordinance No. 09-006 Re: Amending the
Comprehensive Plan Future Land use Map classification on ::i:41.49 acres
of land from Commercial High (CH/5) and Institutional (Palm Beach
County) to Local Retail Commercial (LRC). (Northstar LUAR 09-002)
(Tabled on June 2, 2009)
5. Proposed Ordinance No. 09-007 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Sam's Club LUAR 09-002) (Tabled
on June 2, 2009)
6. Proposed Ordinance No. 09-008 Re: Approving the
rezoning from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD)
and C-3, Community Commercial. (Northstar LUAR 09-002) (Tabled
on June 2, 2009)
7. Proposed Ordinance No. 09-009 Re: Amending the
Comprehensive Plan Future Land Use Map classification on ::i:13.66 acres
of land from Medium Density Residential to Industrial. (New Urban
High Ridge LUAR 09-001) (Tabled on June 2, 2009)
8. Proposed Ordinance No. 09-010 Re: Rezoning a
parcel of land located on the northwest corner of High Ridge Road and
Miner Road from Planned Unit Development (PUD) to M-1 Industrial
District. (New Urban High Ridge LUAR 09-001) (Tabled on June 2,
2009)
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
9. Proposed Ordinance No. 09-026 Re: Amending the
Land Development Regulations, Chapter 2, Zoning to create a waiver
process for minimum setbacks associated with ancillary fueling centers
with Planned Commercial Development (PCD) zoning districts annexed
into the City. (Tabled on June 2, 2009)
10. Proposed Ordinance No. 09-021 Re: Amending the
Land Development Regulations, Chapter 2, Zoning to allow Funeral
Homes with Cemetery in the Community Commercial (C-3) zoning district,
on parcels in excess of 10 acres. (Tabled on June 2, 2009)
B. Ordinances - 2nd Reading - Non-Development - PUBUC HEARING
None
C. Ordinances - 1st Reading
1. Proposed Ordinance No. 09-031 Re: Amending
Ordinance 09-019 and the water and sanitary sewer rates established
therein; providing for a seven percent across the board rate reduction to
all rate categories.
D. Resolutions:
1. Proposed Resolution No. R09-084 Re: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Northstar Palm Beach, LLC regarding annexation of
Northstar Palm Beach Property into the City boundary. (Tabled on June
2, 2009)
2. Proposed Resolution No. R09-085 Re: Approving and
authorizing execution of an Annexation Agreement between the City of
Boynton Beach and Wal-Mart Stores, Inc. regarding annexation of Wal-
Mart Stores ("Sam's Club") property into the City boundary. (Tabled on
June 2, 2009)
3. Proposed Resolution No. R09-105 Re: Approving the
roadway name change of NE 4th Avenue, from North Federal Highway to
its eastern limits (just west of the Intracoastal Waterway), to be known as
St. Mark Place.
4. Proposed Resolution No. R09-106 Re: Relating to the
provision of Fire Rescue Services, facilities and programs in the City of
Boynton Beach, FL imposing fire rescue assessments against assessed
property located within the City of Boynton Beach for the fiscal year
beginning October 1, 2008, approving the rate of assessment, approving
the assessment roll; and providing an effective date.
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3rd Revised Agenda
Regular City Commission Meeting
Boynton Beach, Florida
July 21, 2009
5. Proposed Resolution No. R09-104 Re: Adopting a
proposed municipal millage rate of 7.3000 for general operating budget
purposes for fiscal year 2009-010, stating a rolled-back rate of 7.9035,
and setting for the date time and place of the first public hearing.
E. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY TIlE CITY COMMISSION WITH RESPECT TO ANY MATIER CONSIDERED AT TIllS
MEETING, HE/SHE WILL NEED A RECORD OF TIlE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE TIlAT A VERBATIM
RECORD OF TIlE PROCEEDING IS MADE, WHICH RECORD INCLUDES TIlE TESTIMONY AND EVIDENCE UPON WHICH TIlE APPEAL IS TO BE BASED.
(F.S. 286.0105)
TIlE CITY SHAll FURNISH APPROPRIATE AUXIUARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN
EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY TIlE BENEFITS OF A SERVICE, PROGRAM, OR AcnvrTY CONDUCTED BY TIlE CITY. PLEASE
CONTACT PAM WELSH, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO TIlE PROGRAM OR AcnVITY IN ORDER FOR THE CITY TO
REASONABLY ACCOMMODATE YOUR REQUEST.
3RD REVISED AGENDA 7/20/09 8: 15 A.M.
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9
III.-ANNOUNCEMENTS & PRESENTATIONS
Item A.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
09 JUN 24 AM 8: 06
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 Julv 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
~ July 21,2009 Julv 6, 2009 Julv 1,2009 June 29, 2009
0 August 4, 2009 Julv 20, 2009 Julv 15,2009 July 13, 2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 July 27,2009
[gI AnnouncementslPresentations 0 City Mana!!er's Reoort
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: Reschedule the regular City Commission meeting of September 15,2009 to September 14,2009 in
order to combine it with the Fire Assessment Public Hearing for the adoption of the FY 2009/2010 Annual Fire Assessment
Resolution that must be held on September 14,2009.
EXPLANATION: Due to statutory requirements for noticing public hearings for fire assessments, the City must hold its'
public hearing to adopt the 2009/2010 Annual Fire Assessment Resolution on September 14,2009. In order to utilize the
TRIM notices that are sent out by the county tax collector's office to properly notice the hearing date, the City must hold it's
hearing on September 14th. The TRIM notices are statutorily required to be mailed no later than August 24,2009. Florida
statutes also require that the public be given at least twenty days notice for the public hearings to adopt a rate resolution.
Based on the notices going out by August 24,2009, the soonest date the hearing could be held is Sunday, September 13,
2009. Therefore the next business day is the first possible date. Also, we must submit our certified tax roll for the assessment
to the county tax collector's office by September 15,2009. This leaves us the one day window of time to schedule and
properly notice our fire assessment adoption hearing.
Since our regularly scheduled City Commission meeting is on September 15th staff is recommending moving the meeting to
September 14, 2009. Further, we have scheduled the first Budget Public Hearing for this date as well. This will eliminate the
need for the Commission to conduct two meetings over two days.
PROGRAM IMPACT: More efficient use of City Commission and staff time. Meet statutory notice requirements of TRIM
and Fire Assessments.
FISCAL IMPACT: If the City chose not to rely on the TRIM notice for publicly noticing our adoption hearing, first class
letters would need to be mailed to all property owners in the City at an estimated cost of$25,000 (which is not budgeted).
AL TERNA TlVES: Not move the City Commission meeting and keep it scheduled for September 15,2009 (hold two
meetings over two days); Not rely on the TRIM notices for publicly noticing our fire assessment rate adoption hearing. If
the latter were preferred, the City would be required to mail first class notices to all property owners in the City at an
e"imated '~';1$25,OOO~ .JJ . . .
/2li~_ of~ c/~0 ~l~~>--Y
Department Head's Signature .......- City Manager's Signature
Assistant to City Manager CtfIYt1-
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
City Manager's Office
-~
Department Name
City Attorney i Finance
S:\BULLETTN\FORMS\AGENDA ITEM REQUEST FORM.DOC
".
INTEROFFICE
MEMORANDUM
TO:
Kurt Bressner, City Manager
Lori Laverriere, Assistant City Manager
Barry Atwood, Finance Director
Janet Prainito, City Clerk
William Bingham, Fire Chief
FROM:
James A. Cherof, City Attorney p,,4t3
Michael D. Cirullo, Jr., Assistant City Attomey?1tD(3
DATE:
June 17,2009
RE:
City of Boynton Beach ("City") / 2009-2010 Fire Protection Special Assessment
AB part of the annual budget process, it is also necessary to review the status of the delivery of
fire protection services and prepare for the levying of the annual special assessment to fund the
budget for fire protection services. AB you know, the City contracts with the property appraiser
for the preparation of the preliminary assessment roll, which the City uses to develop its
assessment rates. The property appraiser also provides the statutorily required mail notice for the
public meeting at which the City Commission adopts the fmal assessment resolution.
State law requires that the final assessment resolution to be adopted prior to September 15th.
This year, September 15 falls on a Tuesday.
These factors create timing issues for the implementation of the special assessment, which are as
follows for this year:
. August 4. 2009: The Property Appraiser must receive the preliminary assessment rate
information from the City for inclusion Within the TRIM notices. As a result, the
Preliminary Rate Resolution must be adopted by the City Commission prior to this date.
. August 24. 2009: This is the deadline for the Property Appraiser to mail the annual
TRIM notices. Assuming the City levies the same rates as last year, the City will use the
TRIM notices to provide its statutorily mandated mailed notice for the public hearing for
the final assessment resolution.
As described below, given the City's use of the TRIM notice to provide the required first
class mailing for the special assessment, and the requirement that the City conduct its
public hearing and adopt the Annual Rate Resolution before Tuesday, September 15,
2009, the recommended date for the public hearing is Monday, September 14,2009. The
August 24, 2009, date for mailing the TRIM notices satisfies the 20 day statutory time
frame for the mailed notice for a public hearing to be conducted on Monday,
September 14,2009.
. August 25. 2009: In addition to the mailed notice, Florida law requires notice of the
public hearing to be published in a local newspaper at least twenty (20) days prior to the
hearing. The City should conduct-its public hearing on Monday, September 14,2009, in
order to satisfy the mailing requirements and the September 15, 2009, assessment roll
certification deadline. As a result, August 25, 2009, would be the final date on whicb
the City could publish notice for a September 14, 2009, hearing.
THE CITY IS RESPONSIBLE FOR PUBLISHING THE NOTICE, THE FORM OF
WHICH IS INCLUDED IN THE PRELIMINARY ASSESSMENT RESOLUTION.
. September 14.2009: Assuming the City levies the same rates as last year, this is the date
on which the City should hold its public hearing to adopt the Annual Assessment
Resolution. As noted above, given the deadline on the Property Appraiser for mailing the
annual TRIM notices, the public hearing should not be held prior to September 12, 2009.
September 12, 2009, is a Saturday. The final assessment roll must be delivered to the
Property Appraiser no later than Tuesday, September 15, 2009. Therefore, the public
hearing should be scheduled for Monday, September 14,2009.
Note that there is no legal bar to conducting the public hearing on Saturday, September
12, 2009. However, you may recall that in previous years there were concerns about
scheduling the public hearing during a religious holiday, and although those holidays are
not a factor this year, it may be advisable to avoid potential religious conflicts and
schedule the public hearing to occur on Monday, September 14,2009.
The hearing should be scheduled for shortly after 5:00 p.m., as it is in the nature of a
budget hearing.
. September 15.2009: The statutory"deadline for certifying the final assessment roll to the
Property Appraiser and Tax Collector.
This office will coordinate preparation of the Preliminary Rate Resolution (as well as the Final
Assessment Resolution) for the City's fire protection special assessment upon receiving the rate
information from the City. The Preliminary Rate Resolution will also include the form of notice
for the published notice of the public hearing for the final assessment resolution.
We trust that the information set forth herein will be useful to you. We look forward to working
with you on this matter.
JAC\MDC:aw
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III.-ANNOUNCEMENTS & PRESENTATIONS
Item C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16,2009 June 1,2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0 Julv 7, 2009 June 15, 2009 (Noon)
0 May 19, 2009 Mav4,2009(Noon) [8J Julv 21,2009 Julv6,2009(Noon)
0 June 2, 2009 MavI8,2009(Noon) 0 August 4,2009 Julv 20,2009 (Noon)
[8J Announcements/Presentations 0 City Manager's Report
NA TURE 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: Presentation by Christine Francois for funds from BODA (Boynton Ocean District Association)
to Community Caring Center and Sister Cities Program.
EXPLANATION: BODA as an organization has ceased to exist. Ms. Francois would like to make a presentation to the
City of remaining funds to the above two organizations.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: Information only
c~~~~
Department Head's Signature
'u~"
\
City Manager's Signature ~
Assistant to City Manager CI~
City Attorney / Finance
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
V.ADMINISTRATIVE
ITEM A.
APPLICANT ELIGIBLE FOR APPOINTMENT 07/21/09
Last Name First 1st Choice 2nd Choice 3rd Choice
Name
Anton Steve Arts Com
Farrington John Veterans
Commission
*Scantlan Don Veterans
Commission
* Donald Scantlan is requesting to be moved up from an alternate to a regular member when a vacancy arises.
COMMUNITY RELATIONS BOARD ALTERNATES:
McCOY, Lloyd
ZONENSTEIN, Floyd
Appointed 12/16/09
Appointed 12/16/09
NOTE:
Cemetery Board has only one alternate position that is also open.
6/18/2009 11:03 AM
-:C\WP\BOARDS\APPMENTS\Board Year 2009\Applicants Eligible for Appointment 07-07-09.doc
VI.-CONSENT AGENDA
ITEM B.l.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must beCJ1
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
'0
Dates Office ~
I5C July 7,2009 June 15,2009 June 10, 2009 June 8, 2009 "..
..
r, July 2], 2009 July 6, 2009 July I, 2009 June 29, 2009 -...I
L.:..J
0 August 4, 2009 July 20, 2009 Julv 15,2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29,2009 Julv 27,2009
0 Announcements/Presentations 0 Citv 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 a "piggy-back" contract #RFP 2008-23, of the Town of Palm Beach for
Cleaning and evaluating storm and sanitary lines and structures. The contract was awarded to AUI, LLC of Jacksonville,
Florida. The Town of Palm Beach complied with Public Contract Bid requirements which equal or exceed Boynton Beach's
requirements. The contract with the City will be in the amount of$1,248,938.00 plus a 10% contingency of$124,893.80 for a
total of $1 ,373,831.80
EXPLANATION: The Utility Department is utilizing a program to identify and rehabilitate portions of the gravity
wastewater conveyance system to reduce infiltration and inflow (1&1). The goal of this program is to significantly reduce the
1&1, restore the structural integrity of the pipe and manholes to insure their proper operation and to reduce treatment costs
caused by excess water entering the conveyance system. The first, second, third and fourth phases were Commission approved
on November 26, 2006, May 15, 2007, January 2, 2008 and October 21, 2008 respectively. AUI LLC, of Jacksonville,
Florida was the approved contractor to begin the cleaning, televising and reporting stage of the program.
The Utility Department would like to continue this program and begin Phase V of the line cleaning and televising work. Phase
V includes a very small portion in the Leisureville Community, namely the Lift Station #602 sub-basin. The remaining
portions of this phase are located west of 1-95 in the Master Lift Station #317 and #801 basins. Attached with this
memorandum is a map outlining the area that will be cleaned and inspected and a spreadsheet with the price breakdown for
each individual lift station basin within the target area.
Services will include an estimated 354,000 linear feet of sewer main and 1400 manhole structures which will be cleaned and
televised with digital records provided for storage and future review. Also included will be the pipeline and manhole
conditions as well as Geographic Positioning System (GPS) locations of each manhole, indentified by our manhole numbering
system.
PROGRAM IMP ACT: Attached is the proposal from A.D.I. with a complete breakdown of costs and the individual
services, a map of the project area and a copy of the contract. The cost is $1,248,938.13 with a contingency of 10% for
additional cleaning of unforeseen conditions of estimated cleaning costs which is $124,893.82. Total cost of the project is
$1,373,831.94.
FISCAL IMPACT: Funding of $1,373,831.94. for this project is available in accounts #406-5000-590-96-04 SWR 113 and
#406-5000-590-65-04 STM031.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
\
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:: Go back to an "In-House" program that would take years to complete at current staff levels and require
additional specialized equipment and reduce our current progress to control operation and maintenance costs associated \',ith
Infiltration and Inflow in the wastewater collection system.
. 0 othing to improve the current condition of the collection system.
'-/
/~(r.4\ i c, J /(1 ^-- ,-_...~
Cit/Manager's Signature
City Atto
XC: Pete Mazzella
Tony Lombardi
Barb Conboy
Dan Spooner
File
S.\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
..~
..~
222 W. Spring St.
Cookeville, TN 38501
931.372,8500 phone
931.372.2500 fax
7540 103rd St.. Suite 116
Jacksonville, FL 32210
904.778.1119 phone
904.778.1027 fax
11 May 2009
Mr. Anthony Lombardi
Maintenance Manager
124 E Woolbright Rd
Boynton Beach, FL 33435
Re: Boynton Beach III Program Phase V
Dear Mr. Lombardi,
AUI, LLC is pleased to extend the prices from our contract with the Town of Palm
Beach (RFP 2008-23) to the City of Boynton Beach.
I have also attached a proposed price list for the sanitary work to be in done in
Phase V which totals $1,248,938.13.
Please do not hesitate to call me if you have any questions regarding the
documents at 904-502-2015. We look forward to assisting the City of Boynton
Beach in its endeavors.
Thank you,
IVtCiJ!e- Little-
Nicole Little
TOWN OF PALM BEACH
Purch,lsing Dcpartl11~111
August 28, 2008
AUI, LLC
Attn: Gordon Marshall
304 East Lambright Street
Tampa, FL 33604
Subject: RFP No. 2008-23 - "Cleaning and Evaluating Storm and Sanitary
Lines and Structures"
Dear Mr. Marshall:
Your firm was recommended for award by our Selection Committee to provide
cleaning and evaluation of storm and sanitary lines and structures for the Town
of Palm Beach pursuant to the above referenced RFP. The Town Council
approved the recommendation of award at its meeting on August 12, 2008.
Larry Plympton, Water Resources Manager will be the contact person for
coordination of these services. You may contact Mr. Plympton at 561-227-7019
Thank you for your interest in doing business with the Town of Palm Beach. We
look forward to working with your company.
Best regards,
Of'~cI~
Lynda S. Venne, CPPB
Purchasing Agent
Cc: File: RFP No. 2008-23
Larry Plympton, Water Resources Manager
Eric Brown, Assistant Public Works Director
Paul Brazil, Public Works Director
Jane Struder, Finance Director
John Randolph, Town Attorney
9:11 Old Okeecl1ohec Road' SUilC D . West 1',11111 13cnch. Flmiua 3340 I . (56 I) KJX-:1406 . Fax (Sr, I ) ~J)-46XX
Websi Ie: www.low/lofpall11hcilcli.c'olTI . E-mail: pllrcl\i\.ll1gC<]l\owllol"pall1lbeach.cl..l.
~r\ECYCUiD PAPnr:
, f
TOWN OF PALM BEACH
RFP NO 2008-23
~
Cleaning and Evaluation
of the Storm and Sanit_ary Lines and Structures
PRICE PROPOSAL SUBMITTAL
Approx. Unit P rice in
Item No. Description Quantity Dollars
1 Mobilization - WO less than 10,000 LF perWO 100.00
Storm Sewer Pipe Light/Medium Cleaning
2 Cleaning 8" Storm Sewer Pipe LF 2.75
3 Cleaning 1 A" Storm Sewer Pipe LF 2.75
4 Cleaning 12" Storm Sewer Pipe LF 2.75
5 Cleaning 15" Storm Sewer Pipe LF 3.00
6 Cleaning 18" Storm Sewer Pipe LF 3.25
7 Cleaning 21 "Storm Sewer Pipe LF 3.25
8 Cleaning 24" Storm Sewer Pipe LF 3.50
9 Cleaning 30" Storm Sewer Pipe LF 3.75
r 10 Cleaning 36" Storm Sewer Pipe LF 4.50
11 Cleaning 42" Storm Sewer Pipe LF 5.00
12 Cleaning 48" Storm Sewer Pipe LF 7.50
13 Cleaning 54" Storm Sewer Pipe LF 11.50
14 Cleaning 60" Storm Sewer Pipe LF 12.00
15 Cleaning 66" Storm Sewer Pipe LF 14.00
1 6 Cleaning 72" Storm Sewer Pipe LF 16.00
Storm Sewer Pipe Heavy Cleaning
2.A Cleaning 8" Storm Sewer Pipe LF 2.75
3.A Cleaning 10" Storm Sewer Pipe LF 2.75
4.A Cleaning 12" Storm Sewer Pipe LF 4.00
5.A Cleaning 15" Storm Sewer Pipe LF 5.00
6.A Cleaning 18" Storm Sewer Pipe LF 5.00
7.A Cleaning 21" Storm Sewer Pipe LF 6.00
a.A Cleaning 24" Storm Sewer Pipe LF 7.00
9.A Cleaning 3D" Storm Sewer Pipe LF 8.00
10.A Cleaning 36" Storm Sewer Pipe LF 9.00
COMPANY AUf, LLC DATE 7/16/08
RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised
i 11.A
I . . .
i Cleaning 42" Storm Sewer Pipe
I
I Cleaning 48" Storm Sewer Pipe
I Cleaning 54" Storm Sewer Pip~
r
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I 12.A
,,..J;- 1 3 A
~--'--i
~I "
-----~-+ ----,-.--..---.. ._-_._---_._--,._-~
1 4.A Cleaning 60" Storm Sewer Pipe ,,'
- ....
- ----~------_.. ----.----. --.--..........---..... -.--.,..---- -.....----
1 5.A Cleaning 66" Storm Sewer Pipe -
...
'-'
" ~~--~-_.,._-,~--
1 6.A Cleaning 72" Storm SeweT Pipe i '-.F
Debris disposal if required by Contractor I Cubic Yard i
--".----------~-~-..--.~--____o..____"._.____
17 CCTV 8" Storm Sewer Pipe I _F
"-'-- ..
18 CCTV 10" Storm Sewer Pipe '-.r
! ---....
I 1 9 CCTV 12" Storm Sewer Pipe ' ,-
; ~
I I_I
_. j ----~
20 CCTV 15" Storm Sewer Pipe i LF
i-____..-;
21 CCTV 18" Storm Sewer Pipe i LF
22 CCTV 21" Storm Sewer Pipe --.-.-..--\---
: LF :
...__._._--.---I----......_--~
23 CCTV 24" Storm Se'vver Pipe i : F
.... I ~
24 CCTV 30" Storm Sewer Pipe i LF i
.-'---'-- .~ ------- i
25 CCTV 36" Storm Sewer Pipe LF
.._- .----.---!---- ...... ,
I 26 CCTV 42" Storm Sewer Pipe i LF
27 CCTV 48" Storm Sewer Pipe I
f,!:W' ...-- -----..----!---..-.......-
p 28 CCTV 54" Storm Sewer Pipe · , F
I - --I----~--- --...
29 CCTV 60" Storm Sewer Pipe , L.F I
! I !
! -----1--...-..::.-.-.-[
, i
i "----..-..-.--".- ..---1--.......
I 31 CCTV 72" Storm Sewer Pipe I
! i
,
! 32 Sonar 21" Storm Sewer Pipe !
l .-. ----~-~~----------_._--_._-~.-
I 33 Sonar 24" Storm Sewer Pipe ..---..--_.....__1___.
I 34 Sonar 30" Storm Sewer Pipe
I
1--' '---"---'--- [
35 Sonar 36" Storm Sewer Pipe
- --- --- -- ;
36 Sonar 42" Storm Sewer Pipe
-~"-'------- - --------- i
37 Sonar 48" Storm Sewer Pipe I
___._.___u_ __ -------_.._~.._._- -_._-
I i
, 38 Sonar 54" Storm Sewer Pipe
I ----_._---~~_._------..._----+-._----_.__..
I 39 Sonar 60" Storm Sewer Pi e
---r-" .
30
I CCTV 66" Storm Sewer Pipe
i
.... ..----+-...
'-.,
l..F
r
'~: ..----...1.._.
40
41
p
I Sonar 66" Storm Sewer Pipe
I Sonar 72" Storm Sewer Pipe
-.
Lr
_~___________i____._.."______._____._~+_.____..
r
I_r
J;(:::;'~
COMPANY AUI, LLC DATE 7/16/08
RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal.. Revised
1 a.OC
1000
: OC
6..0r
300C
30.00
2500
DC
.., 00
25
I 25
50
,50
200
00
300
'3 00
4 00
t-..
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.) DC
:-;. OC
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Sanitary Sewer Pipe Light/Medium Cleaning
:~. 42 Cleaning 6" Gravity Pipe LF 1.25
43 Cleaning 811 Gravity Pipe LF 1 .25
44 Cleaning 10" Gravity Pipe LF 1 .25
45 Cleaning 12" Gravity Pipe LF 1.50
46 Cleaning 15" Gravity Pipe LF 1 .50
47 Cleaning 18" Gravity Pipe LF 2.00
48 Cleaning 21" Gravity Pipe LF 2.00
49 Cleaning 24" Gravity Pipe LF 2.50
50 Cleaning 30" Gravity Pipe LF 2.50
51 Cleaning 36" Gravity Pipe LF 3.00
52 Cleaning 42" Gravity Pipe LF 3.00
53 Cleaning 48" Gravity Pipe LF 4.00
54 Cleaning 54" Gravity Pipe LF 4.00
55 Gleaning 6011 Gravity Pipe LF 5.00
56 Cleaning 6611 Gravity Pipe LF 5.00
57 Cleaning 72" Gravity Pipe LF 7.00
IF' Sanitary Sewer Pipe Heavy Cleaning
~;
42.A Cleaning 611 Gravity Pipe LF 2.50
43.A Cleaning 8" Gravity Pipe LF 2.50
,
44.A Cleaning 10" Gravity Pipe LF 2.50
45.A Cleaning 1211 Gravity Pipe LF 3.50
46.A Cleaning 15" Gravity Pipe LF 3.50
47.A Cleaning 18" Gravity Pipe LF 4.00
48.A Cleaning 2111 Gravity Pipe LF 4.00
49.A Cleaning 24" Gravity Pipe LF 5.00
50.A Cleaning 30" Gravity Pipe LF 5.00
51.A Cleaning 36" Gravity Pipe LF 6.00
52. A Cleaning 42" Gravity Pipe LF 6.00
53.A Cleaning 48" Gravity Pipe LF 8.00
54.A Cleaning 54" Gravity Pipe LF 9.00
55.A Cleaning 60" Gravity Pipe LF 10.00
56.A Cleaning 66" Gravity Pipe LF 10.00
57.A Cleaning 72" Gravity Pipe LF 15.00
COMPANY AUI, LLC DATE 7/16/08
RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised 3
Debris disposal if required by Contractor Cubic Yard
_._-_._._.._-~--"--~------------~_._-_...~~-.---~~--'-_..~~-.-
J 59 CC1V 6" Gravity Pipe _____~ ______________ ________________:~__.._
'.' 60 ' CC1V 8" Gravity Pipe...J=
i 61 I CC1V 10" Gravity Pipe --:F------>---
~ CCTV 12" Gravity Pipe - - -=:-::=_____ __-~=__~
: 63 I CCiV 15" Gravity Pipe ______u i. ___l-::~_____._
I 64 CCiV 18" G . . LF
'I ravlty Pipe
._-
65 CCiV 21" Gravity Pipe
66 CCiV 24" Gravity Pipe
67 CC1\I 30" Gravity Pipe
68 CC1\I 36" Gravity Pipe
69 CC1\I 42" Gravity Pipe
70 CCiV 48" Gravity Pipe
..,.. ,.. \1_ ..
-~.._._-----~_.._--+-----_.,-'-------~~.,_..._'~
, ,
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7
7"2
2.25
2.25
5 OD
J ~. orl
i------- -----.--0.--
'._F 'j 50
( I
I CCiV 04 C'Jravlty Pipe
i CC1\I 60" Gravity Pipe
CCiV 66" Gravity Pipe
CCTV 72" Gravity Pipe
Sonar 21" Gravity Pipe
Sonar 24" Gravity Pipe
Sonar 30" Gravity Pipe
Sonar 36" Gravity Pipe
Sonar 42" Gravity Pipe
i Sonar 48" Gravity Pipe
.-
l-r
._---1____.__._ ___i.__
J
72
73
74
r---
, 75
i'~
76
177
178
179
180
,-_._---------~---_._--.-----~-,-~~-,.-----------,,--
, 1-
, >-
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J C
,
__n.________.__,_______.
i , =
n _____...J______ ..- '-. -----_ -,----.
, Sonar 54" Gravity Pipe
I 81
! -
i 82 Sonar 60" Gravity Pipe
i Sonar 66" Gravity Pipe
' 83
I
84 Sonar 72" Gravity Pipe
Additional Services
85 I Pump Station, Wet-Well Catch-Basin CI
I Debris disposal if required by Contractor
~----
. _._-,-----~ '"---
I
I n~
I 00
j
l
I By-Pass Pumping
i 4 inch pump
eaning ,_~_R
-~- .-. ----------,
I Cubic Yard
--- ------- --.------------------'---1~------.-.--I-- .
_"________~,_~_._l_----------..----... ~-----~j-.-~<--
Each
Setup
Maintenance
.--------.--------.------;------. -----------
Hour .
_____._____________.___'--------------- __.________.1___
COMPANY AUI, LLC DATE 7/16/08
RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised
:..50
, 00
) OC
; 00
.5C
f:.)\'~,
c. 50
.5u
~~ ,(JC
DC
. JC
\JC
) 00
! 00
-'5 00
5000
00
\~)o.oo
. . ...
87 6 Inch Pump
Setup Each 25.00
Maintenance Hour 200.00
lo... 88 8 Inch Pump
Setup Each 100.00
Maintenance Hour 500.00
89 12 Inch Pump
Setup Each 100.00
Maintenance Hour 700.00
Root Cutting
90 Root Cutting 6" Pipe LF 1.00
91 Root Cutting 8" Pipe LF 0.50
92 Root Cutting 10" Pipe. LF 0.50
93 Root Cutting 12" Pipe LF 1.00
94 Root Cutting 15" Pipe LF 1.00
95 Root Cutting 18" Pipe LF 2.00
96 Root Cutting 21" Pipe LF 2.00
97 Root Cutting 24" Pipe LF 2.00
98 Root Cutting 30" Pipe LF 4.00
99 Root Cutting 36" Pipe LF 4.00
..
100 Root Cutting 42" Pipe LF 4.00
101 Root Cutting 48" Pipe LF 4.00
102 Root Cutting 54" Pipe LF 4.00
103 Root Cutting 60" Pipe LF 4.00
104 Manhole/Structure Inspection EA 60.00
105 Smoke Testing LF 0.50
106 Traffic Control Lump Sum 50.00
Laterals
107 Inspection from clean out EA 150.00
108 Inspection from main EA 350.00
Mechanical cleaningltuberculation removal
109 B".21" LF 20.00
110 24" - 54" LF 20.00
Per 35.00
111 Manhole Maooina and Mappina Uodate Manhole
Per 35.00
112 Survey Grade GPS Manhole
COMPANY AUI, LLC DATE 7/16/08
RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal - Revised 5
113
on
Manhole
Per pipe
segment
Per Dipe
Per
,1;!""l. 114
ment Video Viewing, Diagnosis, Rating, and Ranking_____:
115 Pipe Segment Video Viewing, Simplified Spreadsheet Form segment
~--_._~----,,-
11 6 Evaluation of Existing CCTV Inspection Tapes Pel" foot
~--~--'~-'-'--'-"~---"'~--'-'----~- -
, per meter
117 Wastewater Flow Monitorinq Neek
! _.._---~~_..- -----
Per pipe
I 118 Rainfall Monitoring Meter segment
-----~- ---- Per pipe ,
i
I 119 Flow Isolation (Weirinq) , segment
I "------ I Each -
120 Dye Testing
---------------------1---------:
I 121 Dye Flooding I Each
I
i 122 Writlng Reports ---------------j----- '-1R
i -----------1---
- - -,,- -----.-. -------------t-
I 123 Engineering Services- as needed HR
,
I I
"..-.- ---
* Items 2.1'4 to 16.A alld items 42.A to 57.A have been mirier! to accommodate pricing for he(l\~l' cleaning
t) 5C
0.25
Q 25
C). 50
1 OOO.OC
. r-.. ,.~
uu
100.00
75.00
125.00
. ._.,_.._~_._._----
100, 00
'-'---'-'-"~---
125.00
Acknowledgement is hereby made of the following Addenda received since issuance of Specifications:
Addendum NO.1 Dated: 6/27/08 Addendum No. Dated:
Addendum No.
Dated:
Addendum No.
Dated:
~-
Addendum No.
Dated:
Addendum No.
Dated:
Name of Proposer's Contact Person: Gordon Marshall__
Address: 304 East Lambrioht Street. Tampa, FL 33604
Phone Number: 770.317.1600
Fax Number: 931.372.2500
The hereby undersigned representative submits this proposal and certifies that they are an authorizec!
representative of the proposer who may legally bind the proposer:
'SIGNA TURE, ,;tt:?2cfA1. jtf~.u{
Name: Gordon Marshall
Printed
Company: AUI. LLC
Legally registered name
City: Cookeville
Telephone No: 931.372.8500
Title: SD Manaoer
Address:222 W, Sprinq St.
State: TN Zip: 38501
Fax No: 931.372.2500
Federal 10 No. 743103175
I;"~~
*Failure to affix signature may result in disqualification of proposal.
RFP 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures - Price Proposal Submittal
Revised
11
TOWN OF PALM BEACH
Information for Town Council Meeting on: August 12, 2008
To: Mayor and Town Council
Via: Peter B. Elwell, Town Manager
From: H. Paul Brazil, Director of Public Works
Re: Authorization to Award Cleaning and Televising Storm and Sanitary Systems and
Structures
Resolution No. 60-08
Date: August 1,2008
STAFF RECOMMENDATION
Town staff recommends that Town Council authorize a contract with Advanced Underground
Imaging, LLC (AUI, LLC) and Video Industrial Services for Cleaning and Televising Storm and
Sanitary Systems and Structures by approving Resolution No. 60-08.
GENERAL INFORMATION
The Town has a need to inspect and clean its storm-water and sanitary sewer collection systems
to determine their condition and to identify necessary repair or replacement. An RFP package
was prepared with a request for technical and pricing information.
RFP No. 2008-23 was advertised on June 15, 2008, and a selection committee consisting of Eric
Brown, Assistant Director of Public Works/Operations, Charles Langley, Assistant Director of
Public Works/Engineering, Lawrence Plympton, Water Resources Division Manager, and Lynda
Venne, Purchasing Agent, met on July 23, 2008. Based on the proposals received, the selection
committee ranked the contractors' proposals and recommends that the contract be awarded to
AUI, LLC at the unit prices presented in their proposal as the primary vendor. It is also
recommended that the Town Council authorize a contract with Video Industrial Services as the
secondary vendor, in the event that one is needed due to workload, scheduling conflicts, ability
to perform, etc. This provides the maximum flexibility to the Town to accomplish required
work. A copy of the evaluation criteria is attached.
FUNDING/FISCAL IMPACT
Current funds are budgeted in the Capital Improvement Program and Public Works' Operations
and Maintenance budgets. Initial work is proposed to include the D-4 drainage basin estimated
at $54,000 and the D-9 drainage basin estimated at $108,000 for cleaning and televising. This is
an estimate and actual cost will be the basis for payment. This is the first part of a planned
program to rehabilitate the existing storm-water collection system which includes: cleaning,
televising. and evaluating all the storm-water piping and structures and is estimated to be a five-
109
year program in duration based on current funding levels. The second phase is the actual repan
or replacement of ex.isting infrastructure, which will be presented to the Town Council ten
consideration in the future.
TOWN ATTORNEY REVIEW
This is a standard resolution in a form previously approved by the Town Attorney for legal form
and sufficiency.
HPB :nb
Attachment
RESOLUTION NO. 60-08
A RESOLUTION OF THE TOWN COUNCIL Of TI.IE TOWN OF
PALJ\,I BEACH. PALM BEACH COUNTY. FLORID!\.
A WARDING ^ CO~TRACT TO ADV ANCED UNDERGROUND
IMAGING. LLC. (AUI, LLC), AND VIDEO INDUSTRIAL
SERVICES. INC. FOR CLEANING AND TEl.EVISING STORM
AND S:\NITARY SYSTEMS AND STRCCTURES FOR TI.IE
TO\l/N OF PAUvl BEACH,
1<
*
*
BE IT RESOLVED BY THE TOWN COUKCIL oflhe Town of Palm Beuch. Palm Beach
County. Florida as follows:
Section I. The Town of Pnlm Bench RFP No. 2008-23 lor Clcaning and Televising Storm
nod Sanilary Systems and Slruclures is hereby awarded 10 Advanced Underground (magin!.!. I.LC
(AUI. LLC) and Video Industriul Scr\'ie~s. Inc.
Section 2. The To\\'n ~Ian\\gcr is hereby ulIlhoril.l.'d to CXcCllI~ purchas~ onh:rs nn behall' of
lhe To\\'n of Palm Betlch lor Ckm1ing and Televising Sturm tlntl Sanitary Systems and Structures
!(lr Fiscal Year 2008 and beyond. in uccordancc with the proposed unit prices.
Seclion 3. The Town Manugcr. or his designee. is h~n:by lluthorized and dir~clcu 10 lake
sm:h further aclions as mny b~ neccssary to effectuate lhe completion of the Cleaning and Televising
SlOrm and Sanitary Systcms und Struelures contnlct awards.
PASSED AND ADOPTED in a regular adjourned session of Town Council urthe To\\on of
P"I01 Beach this 12th day of Augusl :!O08.
V~i 11n ~'---(
Richurd M, Klcic.l, Town Council President
,~....... . :.
~. .".' -: - .....- .......,. .
(/ , ,....'"'''''
" /;. . :..... .',:b~ '
. . ./ (. ,,~ -'
"-':~'f1':: l': ..~.
.,-, .. - -
~C.~
Susan A. EIchhorn. TOWIl Clerk
'.....
Iles. No. 60-08
-
.y
RFP No. 2008-23
Cleaning Evaluation of Storm and Sanitary Lines and Structures
SELECTION COMMITTEE RATINGS
VENDOR
Total
Committee
Member
AUI, LLC
Calvin. Giordano &
Assts. Inc.
Environmental
Performance System
Video Industrial Services
Inc
2.5
3.3
3.1
\
2.971
0.20
0.60
1.20
0.67
4.30
4.50
4.00
4.27
Selection Committee
" '$ .... .,
RFP No. 2008..23
Cleaning Evaluation of Storm and Sanitary Lines and Structures
PROPOSER: AUI, LLC
Larry Plympton Chuck Langley
Eric Brown
r'r".'rV'~Y1:'.""" j' ,"", C"" '''I' ~.. 'I . ...,.... . j'. '.r '" h'''T'''''1j J~'"
~~~~~1 ~t.llr,(Jl1 :~~/Il )/l'; J., I . . - , . ,:',1 J' ~ .~: \~lrl,tllJ(!~. I," tl'l')~}t'/~,~p~1;;,~I~\ ~;: i'\'tl'~I'.l:(d)1:;':t:~'1
C~"-" - ,.~ ..' -' J -. ,.,_~: !,f,_ _ _\1' ',. : .,'~ :1',1.'...1 ,I _,I... \ .'lr'\l".. - .':'_.r_
- - - _ ___ __ n _ _____ ~ ___ ____ ___ __
Experience and Qualifications of Firm
25% 5 1.25 5 1.25 4 1.00
Quality of services
25% 5 1.25 5 1.25 4 1.00
Approach to Project
25% 5 1.25 5 1.25 5 1.25
Cost of the Proposal
20% 5 1.00 5 1.00 5 1.00
Other
5% 4 0.20 5 0.25 4 0.20
4.95 5 4.45
4.80
113
RFP No. 2008-23
Cleaning Evaluation of Storm and Sanitary Lines and Structures
PROPOSER: Calvin, Giordano & Associates.
Larry Plympton Chuck Langley
Eric Brown
f.J(r'{ ~;1 '
~~~, t, . ,
Experience and Qualifications of Firm
25% 3 0.75 4 1.00 4 1.00
Quality of services
25% 3 0.75 4 1.00 3 0.75
Approach to Project
25% 2 0.50 3 0.75 4 1.00
Cost of the Proposal
20% 2 0.40 2 0.40 1 0.2D
Other
5% 2 0.10 3 0.15 3 0.15
2.50 3.30 3.10
2.97
1 ..J. 'Y
RFP No. 2008-23
Cleaning Evaluation of Storm and Sanitary Lines and Structures
PROPOSER: Environmental Performance System
Larry Plympton Chuck Langley
Eric Brown
l~~t;~]~(!t,-n{~~l;.,,>)dfi~~,I.rt.' Jj"\,f I' ,- ~\' It.;. ~ . . l . '- " ; I ~'I . f l' ':' -. ~ 'r, . I -' \ ,. I !'".! .',\-:;':
I , ) ,j} <, ~ ~ 1 "{ oJ' I I' '. 'I,! J' f ' t. ,1 " \ ~ t l. j' ~ \ ~ ,t'--:
, I < I ~. j 1 p, _ 1 \. I, j ~_ .... , "_ _ "
Experience and Qualifications of Firm
25% 0 0.00 0 0.00 1 0.25
Quality of services
25% 0 0.00 0 0.00 1 0.25
Approach to ProJect
25% 0 0.00 0 0.00 1 0.25
Cost of the Proposal
20% 1 0.20 3 0.60 2 0.40
Other
5% 0 0.00 0 0.00 1 0.05
0.20 0.60 1.20
0.67
115
RFP No. 2008-23
Cleaning Evaluation of Storm and Sanitary Lines and Structures
PROPOSER: Video Industrial Services Inc
Larry Plympton Chuck Langley
Eric Brown
r -, , ,
~., I <
" I.. I
Experience and Qualifications of Firm
25% 5 1,25 5 1.25 4 1.00
Quality of services
25% 5 1.25 5 1.25 4 1.00
Approach to Project
25% 3 0.75 4 1.00 4 1.00
Cost of the Proposal
20% 4 0.80 4 0.80 4 0.80
Other
5% 5 0.25 4 0.20 4 0.20
4.30 4.50 4.00
4.27
< 1~
1
2 RESOLUTION NO. R09-
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE "PIGGY-BACK" OF A TOWN OF
7 PALM BEACH CONTRACT RFP 2008-23 WITH AUI,
8 LLC., OF JACKSONVILLE, FLORIDA, FOR
9 CLEANING AND EVALUATING STORM AND
10 SANIT ARY LINES AND STRUCTURES IN THE
11 AMOUNT OF $1,248,938.13, PLUS A 10%
12 CONTINGENCY OF $124,893.82 FOR A TOTAL
13 BUDGET APPROPRIATION OF $1,373,831.94;
14 AUTHORIZING THE MAYOR AND CITY CLERK
15 TO EXECUTE AN AGREEMENT; AND PROVIDING
16 AN EFFECTIVE DATE.
17
18 WHEREAS, City staff has confirmed that the Town of Palm Beach has complied
19 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
20 requirements; and
21 WHEREAS, upon recommendation of staff, it is the City's desire to "piggy-back"
22 a Town of Palm Beach Contract RFP 2008-23 and enter into an Agreement with AUI,
23 LLC., of Jacksonville, Florida for cleaning and evaluating storm and sanitary lines and
24 structures in the amount of 1,248,938.13, plus a 10% contingency of $124,893.82 for a
25 total budget appropriation of $1 ,373,831.94.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
29 as being true and correct and are hereby made a specific part of this Resolution upon
30 adoption.
31 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
S\CA\RESO\Agreements\Bid Awards\Piggy-Back Palm Beach - AUl.doc
approves the "piggy-back" 01 a I o\\n uf Palm Reach Contract f{!' P~()08-:2' it
2 authorizes the Mayor and City Clerk to enter into an Agreement \\nh ALL LLl
3 Jacksonville, Florida for cleaning and evaluating storm and sanitary lines and structures JIl
4 the amount of 1,248,938.13. plus a 10% contingency of $124.893.82 for a total budget
5 appropriation of $1,373,831.94. a copy of the Agreement is attached hereto as ExhibIt
6 "A'".
7
Section 3.
That this Resolution shall become effective immediately.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27 ATTEST:
28
29
30 Janet M. Prainito. CMC
31 City Clerk
32
33
~~ I
36
37 (City Seal)
38
PASSED AND ADOPTED this
day of July" 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner ... Ronald Weiland
Commissioner.. Jose Rodriguez
Commissioner Marlene Ross
I
I S ICAIRESO\AgreemcntslBid AwardslPIggy-Back Palm Bcach - ALII doc
I
II
AGREEMENT FOR CLEANING AND EV ALUA TING STORM
AND SANlT AR Y LINES AND STRUCTURES
This Agreement is made as of this _ day of , 2009 by and between AUI,
LLC of Jacksonville, Florida, a Foreign Limited Liability Company, authorized to do business in
Florida, with offices at 7540 103rd Street, Suite 116, Jacksonville, Florida 33069 ("Vendor"), and
The City of Boynton Beach, a Florida municipal corporation, with an address at 100 East
Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City").
RECITALS
WHEREAS, the City is utilizing a program to identify and rehabilitate portions of the
gravity wastewater conveyance system to reduce infiltration and inflow ("1&1"), which is to
reduce the 1&1, restore the structural integrity of the pipe and manholes to insure their proper
operation and to reduce treatment costs by excess water entering the conveyance system; and
WHEREAS, the first, second, third and forth phases were of the 1&1 were approved by
the City Commission with AUI, LLC of Jacksonville, Florida as the approved contractor to begin
the cleaning, televising and reporting stage of the program;
WHEREAS, the City desires to continue this program and begin Phase V of the line
cleaning and televising work; and
WHEREAS, Exhibit "A" outlines the area in which the services will be performed under
this Agreement; and
WHEREAS, the Town of Palm Beach publicly requested proposals for similar services
under RFP 2008-23; and
WHEREAS, Vendor submitted a proposal in response to the Town of Palm Beach's
Request for Proposals; and
WHEREAS, after receipt of said proposal from Vendor, the Town of Palm Beach
entered into a contract with Vendor to provide cleaning and evaluating storm and sanitary lines
and structures services, a copy of which is attached hereto and made a part hereof as Exhibit "B"
("Palm Beach Contract"); and
WHEREAS, the City has reviewed the scope of services and prices of the competitively
bid Palm Beach Contract and has determined that it is in an agreement that can be utilized by the
City to provide said services to the City of Boynton Beach; and
WHEREAS, the Vendor has acknowledged that it will extend the pnces from the
contract with the Town of Palm Beach to the City of Boynton Beach; and
WHEREAS, City desires to retain the Vendor based on the Palm Beach Contract; and
Page 1
S\CA\AGMTS\Piggyback (AUI-Utilities) doc
WHEREAS, at its meeting of ~_nnu_u nu_~__n u_ . the City Commission uf tht;' C It\
Boynton Beach authorized the proper City officials to enter into an Agreement \\lth \<cndor: alll
WHEREAS, the City Commission tinds that the Town of Palm Beach complied \\ITh
Public Contract Bid requirements which are equal to or exceed Boynton Beach' s requiremenb.
that it is in the best interest of the City to utilize the competitive bidding process employed by thl'
Town of Palm Beach, and to award an Agreement to Vendor along the same terms anti
conditions as set forth within the Agreement between the lawn of Palm Beach and Vendor
except as amended herein.
NOW THEREFORE, in consideration of the mutual covenants contained herein. and lo!
other valuable consideration received, the receipt and sufficiency of which are hereh\
acknowledged. the parties agree as follows:
AGREEMENT
Section 1.
this Agreement.
The foregoing recitals are true and correct and are hereby incorporated in
Section 2. Attached hereto and incorporated herein by reference as Exhibit "B" is the
Palm Beach Contract referred to above. The terms and conditions of the Palm Beach Contract
shall govern the relationship between the City and the Vendor. except as amended below:
A. All references to the Town of Palm Beach shall be deemed as references to the
City of Boynton Beach.
B. All Notices to the City shall be sent to:
City:
Kurt Bressner. City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy:
James A. Cherot~ City Attorney
Goren, Cherof, Doody & Ezrol, PA.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500/ Facsimile: (954) 771-4923
C. The location of the services to be performed by Vendor under this Agreement is
outlined in the map attached hereto as Exhibit ..;\..
D. The price list for the services to be performed by Vendor under this Agreement.
totaling $1,248,938.13, is attached hereto Exhibit "C",
Page 2
S\CAV..GMTSIPIggybaek (A U I-Utilities J.doc
Section 3. In the event that the Palm Beach Agreement is amended, or terminated,
Vendor shall notify the City within ten (10) days. In the event the Palm Beach Agreement is
amended or terminated prior to its expiration, this Agreement shall remain in full force and
effect, and not be deemed amended or terminated, until specifically amended or terminated by
the parties hereto.
Section 4. The Vendor agrees that in the event it enters into an Agreement for the
same (or substantially similar) scope of services with another local government in Florida which
contains a term or condition, including fees, charges or costs, which the City determines to be
more favorable than the terms in this Agreement, the parties shall enter into an Addendum to
provide those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Palm Beach Contract
are hereby ratified and shall remain in full force and effect under this Agreement, as provided by
their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
By:
Mayor
City Clerk
APPROVED AS TO FORM:
Office of the City Attorney
AUI, LLC OF JACKSONVILLE, FLORIDA
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRETARY
Page 3
S:\CA\AGMTS\Piggyback (AUI-Utilities).doc
STATE OF
: ss:
COUNTY OF
ON THIS _ day of _~__._ __ _~_ _. . 2009.. before me. the undersigned notar~
public. personally appeared ___ ~._ _ ~__ __~~~~. personally known to me. i Ii
who has produced as identification. and is the perS(\!1
who subscribed to the foregoing instrument and who acknowledged that he executed the same on
behalf of said Corporation and that he was duly authorized to do so.
IN WITNESS WHEREOF. I hereunto set my hand and official seal.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
Page 4
S \CA\AGMTS\Plggyback IAl; I-Utilities )doc
EXHIBIT" A"
MAP
Page 5
S'\CA\AGMTS\Piggyback (AU I-Utilities) doc
,..-- --- -~----~~--------
-" ~--~ ~._- ~,-_.-._.__._._---~._-
.' s, . su!ses ~08# pue L ~t,# UO!lelS lJ!l JalseV\l
3, ,1ft ^ ase4d weJ60Jd I ~ I
. ,
N
~
)))
,r-"
EXHIBIT B
AGREEMENT BETWEEN TOWN OF PALM BEACH
AND AUI, LLC OF JACKSONVILLE, FLORIDA
Page 6
S\CA\AGMTS\Piggyback (AU I-Utilities) doc
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation
of
Storm and Sanitary Lines and Structures
Purchasing Division
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Finance Department
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOWN OF PALM BEACH * 951 OLD OKEECHOBEE ROAD * WEST PALM BEACH *
* FLORIDA * 33401
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation
of Storm and Sanitary Lines and Structures
TABLE OF CONTENTS
Subject
Cover ., ........ ....... .......... .............. .......... ........
Table of Contents.................................... "
Advertisement.................... .........................
Genera I Conditions........................... '.
Part I - Proposal Guidelines ............ . .
Part II - Nature of Services Required ....
Part 111- Proposal Requirements............... ....
Part IV - Evaluation of Proposals ........
Price Proposal Submittal.................
Proposers Qualifications ..............................
List of Professional References ................................................
Drug-Free Certification............... .................................................. .
Cooperative Purchasing.................................
Subcontractor List ..........................
Evaluation Criteria.............................
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Paqe Number
2
..3
4
. .6
... l'
35
38
40
45
.46
.47
48
49
s
Page 2
TOWN OF PALM BEACH
Advertisement for ReQuest for Proposals
RFP NO 2008-23
Cleaning and Evaluation
of
Storm and Sanitary Lines and Structures
Sealed proposals for an Annual Contract for Cleaning and Evaluation of Storm and Sanitary
Lines and Structures, will be received by the Town of Palm Beach at the Office of the
Purchasing Agent, 951 Old Okeechobee Road, Suite D, West Palm Beach, Florida 334501,
until Julv 16.2008 at 2:00 P.M. Any proposal received after the designated closing time will be
returned unopened.
A pre-proposal conference will be held at 10:00 a.m. on June 25, 2008 at the Public Works
Office, located at Suite A, 951 Old Okeechobee Road, West Palm Beach, Florida. Attendance
is not mandatory. After the RFP has been awarded, no extra charge or compensation will be
allowed as a result of failure to attend the conference.
An original and five (5) copies of the proposal shall be submitted in sealed envelopes/packages
addressed to Lynda S. Venne, Purchasing Agent, Town of Palm Beach, Florida, and marked
"RFP NO - 2008- 23 - Cleaninq and Evaluation of Storm and Sanitary Lines and
Structures. Proposers desiring information for use in preparing proposals may obtain a set of
such documents from the Purchasing Office, 951 Old Okeechobee Road, Suite D, West Palm
Beach, Florida 33401, Telephone (561) 838-5406 or copies of the RFP requirements may also
be obtained by visiting the Town's website at www.townofpalmbeach.com. (click "Doing
Business," click "Sealed Bids / Request for Proposals" and follow the instructions).
The Town reserves the right to accept or reject any and all RFPs and to waive any technicalities
or irregularities therein. The Town further reserves the right to award the contract to that
proposer whose proposal best complies with the RFP specification. No proposer may withdraw
their RFP for a period of sixty (60) days from the date set for the opening thereof.
Lynda S. Venne, CPPS
Purchasing Agent
Dated: June 15, 2008
June 22, 2008
Published: Palm Beach Post
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures Page 3
Town of Palm Beach
RFP No. 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
RFP MUST BE RECEIVED PRIOR TO JULY 16, 2008 AT 2:00 PM AT WHICH TIME RFP WILL BE OPENEQ
General Conditions, Instructions and Information for Proposers
This RFP, General Conditions, Instructions to Proposers, Special Conditions, Specifications, Addenda and/or any other pertinern docun,er 1 ,rrn S
part of this proposal and bv reference are maoe a Dart thereof
GENERAL INFORMATION
These documents constitute the complete set of specification requirements and bie forms
Bid Proposal response IS to be filled In, signed, sealed and mailed or presentee tv the I
Purchasing Division on or before the specified date and time
It IS sole responsibility of the bIdder to ensure that his/her bid reaches the Purchasmg
Division on or before the clOSing date and time. The TOWN shall in no way be responsible
for delays caused by any other occurrence, Offers by telephone, telegram or facsimile will
not be accepted
The bid time mus~ be and shall be scrupulously observed. Under no circumstances will bids
delivered after the time specified be considered. Such bids shall be returned to the vendor
unopened.
All bids must be typewritten or written in ink, and musl be signed In Ink by an officer or
employee haVing authority to bind the company or firm.
Bidders shall not be allowed to modify their bids after the opening aate and time. Bid files
may be examined dunng normal working hours, after bid opening. by aOpolntment on!)'
For information cOl1cernmg this bid, please contact
Town of Palm Beach
Purchasing Department
951 Old Okeechobee Road, Suite "D"
West Palm Beach, FL 33401
(561) 838-5406
2. PRICE/DELIVERY
Price quoted must be the pnce for new merchandise and free from defects Any bids
containing modifying or "escalator" clauSes will not be considered unless specifically
requested Jf\ the bid specifications
"Acceptancen as herein used means the acceptance by Town of Palm Beach, herein referred
to as TOWN, after the Purchasing Agent or his authOrized agent has, by Inspection or test of
such Items, determined that they fully comply with specifications,
Deilvenes of all Items shall be made as soon as possible. In the appropriate blank on the bid
form, the vendor must Indicate the best delivery date after receipt of order (ARO). Deliveries
resulting from this bid are to be made during the normal working hours of the TOWN. Time
IS of the essence and the bIdder's delivery date must be specified and adhered to Should
the bidder, to whom the order or contract IS awarded, fail to deliver on or before his/her
stated date, the TOWN reserves the right 10 CANCEL the order or contract and make the
purchase elsewhere. The successful bldder(s) shall be responsible for making any and al:
claims agamst carriers for mrssing or damaged Items
3. FEDERAL AND STATE TAX
TOWN is exempl from Federal and Stale Taxes for tangible personal property The
Purchasing Agent will sign an exemption certificate submitted by the successful bidder
Vendors or contractors dOing bUSiness with the TOWN shall nol be exempled from paying
sales lax to their suppliers for materials to fulfill contractual obligations with the TOWN, nor
shall any said vendor or contractor be authOrized to use the Town's tax exemption numher II
securing such materials
4. ACCEPTANCE I REJECTION
TOWN reserves the right to accept Dr to reject any or all bIds and make the award to thi:lt
bidder, who in the opinion of the TOWN will be In the Des! interest of and/or the most )
advantageous to the TOWN, TOWN also reserves the right to reject the bid of any vendor
who has previously failed in the proper performance of an award Dr to deliver on time
contracts of a similar nature or who is not in a position to perform properly under this award
TOWN reserves the nght to w.aive any irregularities and technicalities and may, 8~
dlscret:on, requesj a re~bld
I 5. ALTERNATIVES I APPROVED EQUAL I DEVIATIONS
Unless otherwise specified. the mention of the particular manufaclurer's brand name or
number in the specifications does not Imply that this panJcular product is the only one that
will be considered for purchase, ThiS reference IS intended solely to designate the tYDe Q"
qu~lily of mer\..h~ndi"e that wHf be acceptable. P,lternale offers ~...ilI be considerea' and must
Include descnptive literature and/or specifications. Failure to provide descriptive literature
and/or specifications with al/emate offers may be cause for disqualification of the bid
Tne TOWN shall make the determination as iO whettler any alternale product or se'vi':
or 1$ not equai, and such delermJnaiion shaii be final and Dlndmg upon all b,dde~s
The bldaer snali De responsible for reaQlng carefuli)'. and Ullderstandmg complete I) , '}'t:
requirements and specificatlons Of Ihe items bid upon Any deviallon from specifications
fisted herein must be clearly rndicaled, othelWise II will be considered that Items offeree
are In strict compliance with these specifications, and the successful bidder Will be heie
responsible Therefore devlalions must os explained in detail on an attached sheet(s) and
Itemized by number t\ny item(s) that do not meet the TOWN speCifications upon delivery
will nol be accepted and if the Item canno~ be Drought up to specifications In a reasonabie
time (reasonable time as determined by TOWN). the bIdder will be reqUIred to compet'1sate
the TOWN for difference In price incurred from going to the next low bidder
6. NO BID
Where more than one Item IS listed, any Items not bid upor. shali be Indicated "NO BID
no items are bid on, the "Stalement of NO BID" should oe returned, With the envelope
plainly marked "NO BID" and WIth the bid number Failure to do so will be an il1dicat,or'
that the bidder does no1 Wish to be considered for future bids
7. NON.COLLUSION
Bidder certifies that (hiS brd is made wi!hou~ pnor underslandJng, agreement. or connecllo,'.
with any corporation, fIrm or person Submitting a bid for the same materials, servlce~,
supplIes or eqwpmenl, and IS in all respects faIr arc without ::oJlusion or fraud
NO premiums, rebates or gratuities permitted: either With, prior \0 or after arlY delivery!..'
material or prOVision of services. Any such vlolatlon mav resull In contract cancellation
return of materials or discontinuation of services and the possible removal from the ve:dv
bid hsHs)
8. CONFLICT OF INTEREST
Tne award IS subject to proVIsIons of State Statutes ana 10wn Ordinances. AU blddE)!S
must disclose With their bid the name of any offIcer. d',rector or agent who IS also a::
employee of the TOWN Further, ail bidders must disclose the name of any Tm\I',
employee who owns, directly or Indirectly, an Interest of ter 110i percen! or mo~r' ~r' It
bidder s firm or a:lY of its branches
LEGAL REQUIREMENTS
Federal, State County and iocal laws :)rdlnances, :-uies Bnd regUlations th8\
manner affect trie items covered nereln ap;)ly '~ack o. knowledge oy the bidder 5n21 w
way be a cause for relIef from responsibility
Vendors dOIng bUS)n8SS With tne TOWN are prohIbited from
against any employee. applicant Of client because of race; creed, color,
origin, sex, age or non-disqualifYing physical or menial disability, with r89art \u
but not limited to the following: employment practices rates of pay IY
compensation methods. and training selection.
Identica! Tie Bids/Proposals shall be awarded in accurdi:lnce With the preTeref;(~'
established In Section 287087, Florida Statutes. to a venda' submlltin9
attachec Drug-Free Workplace Certification form properly completed dl1,'
certified, In trJS event that tie bids are received either from vendors who have
submitted a Drug-Free Workplace Certificallon or none of WhOM who h2ve
SUbmitted such certification the award will be made In acc:xda:1CE witr- TO'IJf-J
purchasing procedures pertaining to tie bids.
A person or affiliate who has been placea on the conViClec venaor list
i1 conviction for a publiC entity. crime 'Tlay nul 5uorPi! a bid on a cor~:rac
[)rovide any goods or services to a puollc entity may nol suomi! a :Jic1
contract with a pubiic entity for the constructlOf1 or reoair of a pubilc bUlldint<
public work. may not submit bids on leases of real property to a public enl'!..
may not be awarded or perform work as a contractor, supplier subcontraclo
L.:onsultant under a contract with any public entity. and may not transact OUSln\~:""
wllh an'}- pubJJC entity in excess Df the threshold amount proviaed If' :-;SC1'\.."
287017 'or CATEGORY TVv'O(CurrenUy $25,OOO} for a periQd of 3f
'rom Un') c1ate 8f being placec :;In Ihe convlcteC vendor !Ist
10 UNIFORM COMMERCIAL CODe
The Unrform CommE:rcla; Code (t:londa Statutes. Chap:er t;/L) shai, prevail a~ l' c .J..i
for contractual obligations between the awarded contractor/vendor anj '.he TO\Ii/r...t
ierms and conditions r,ot soecifically stated I~ ine {hvftatrO" Bid
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 4
11. MISTAKES
24. CERTIFICATIONS
In the event of extension error{s) the unit price will prevail and the bidder's tolel offer will be
corrected accordingly. In Ihe event of addition errors, Ihe extended totais will prevail end the
bidder's total will be corrected accordingly. If there is a difference between the written price
and the numerical price, Ihe wrillen price shall prevail. Bidders must check their bid proposal
where applicable. FaHure to do so will be at the bidder's risk. Bids hav"lng erasures or
corrections must be initialed In mk by the bidder
12. AVAILABILITY OF FUNDS
The obligalions of the TOWN under this award are subject 10 the availability of funds lawfully
approptiated for its purpose by the Town Council,
13. EEO STATEMENT
TOWN is committed 10 assuring equal opportunity in the award of contracts and, therefore,
complies with all laws prohibiting discrimination on the basis of race, color, religion, national
origin, sex, age and non-disqualifying physical or mental disability.
14. BID TABULATION
Bidders desiring a copy of the bid tabulation of the Invitation to Bid may request same by
enclosing a setf~addressed stamped envelope with their bid.
15. BID FORMS
All bid proposals must be submItted on our standard Invitation to Bid form. BId proposals on
vendor quotation forms will nol be accepted.
16. POSTING OF BID TABULATIONS
Bid tabulations with recommended awards will be posted for review by interested parties at
the PUfchasing Division prior to submission through the appropriate approval process and will
remain posted ror a period of three (3) calendar days. Failure to file a protest to the
Purchasing Agent within the t\Tfle prescribed shall constitute a wa'lver of proceedings.
17. CONTRACTUAL AGREEMENT
This Invitation to Bid shall be included and incorporated in the fmal award. The order of
contractual precedence will be the purchase order or price agreement bid document (original
Terms and Conditions) and response. Any and all legal action necessary to enforce the
award will be held In Palm Beach County and the contractual obligations will be Interpreled
according to the laws of Florida. Any additional contract or agreement requested for
consideration by vendor must be enclosed as part of the bid response,
18. SUBCONTRACTING
If a vendor subcontracts any portion of a contract for any reason, he/she must state the name
and address of the subcontractor and the name of the contact person on the attached
'Schedule of Subcontractors Form." TOWN aiso reserves the rtght to reject a bid of any
bidder if the bid names a subcontractor who has previously failed in the proper performance of
an award or failed to denver on time contracts of a similar nature, or who is not in a position to
perform properly under this award. TOWN reserves the right to make a determination as to
the foregoing.
19. INFORMATION
Any questions by prospective vendors should be directed to the Purchas'lng Division contact,
noted on page no. 1, who is authorized only to direct inquiries to various portions of the bid so
bidders may read and interpret such for themselves. No authorization is allowed by
Purchasing personnel to interpret, or give information as to bid requirements in addition to
that, whtch is contained in the original bid document. \nterpretation of the bid or additional
information as to its reqUIrements, where necessary, shall be communicated to bidders only
by written addendum.
20. AWARDS
As the besl interest of the Town Councll may require, the right is reserved to make award(s}
by individual commodities/services. a/l or none or any combination thereof. A bidder desiring
to bid "No Charge" must so indicate, otherwise the bid will be construed as incomplete and
may be rejected,
21. PRICES QUOTED
Bidder warrants by virtue of bidding that prices shall remain firm for a period of sixty (60) days
from the date of bid opening or time stated in Special Conditions.
22. PAYMENT
Payment wl/l be made by the TOWN after commodities/services have been received.
accepted and properly invoiced as indicated in contract andlor order Invoices must bear the
order number. Payment shall be made within 30 days of such acceptance.
23. DISCOUNT
Bidders may offer a discount for prompt payment. However, such discounts will not be
considered in determining the lowest net cost for bid evaluation purposes unless otherwise
specified in Special Conditions. Bidders should reflect any discounts to be considered in the
bid evaluation in the unit prices bid.
When applicable, vendor must hold Certificate of Competency issued by the State of Flortda
or the Palm Beach County Construction Industry licenSing Board and a current Occupalional
License for Paim Beach County. Copy of certificale and license must be submitted with bid
and must be in the name of the vendor shown on the Bid Proposal page.
25. LICENSES AND PERMITS
When applicable, it shall be the responslbilily of the successful bidder to obtain at no
additional cost to the TOWN, any and all licenses and permit required to compiete contractual
service. A copy of these licenses and permits shall be submitted prior to commencement of
work, Permit feBs shall be waived for this work, however, the successful vendor must pay any
applicable TOWN Occupational License fees.
26. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH
Bidder certifies that all materiai. equipment. etc., contained in his/her bid meets all O.S.H.A.
requirements. Bidder further certifies that, if heJshe is the successful bidder, and the material,
equipment, etc., delivered is subsequently found to be deficient in any O.S.H,A requirement in
effect on date of delivery, al\ costs necessary to bring the material, equipment, etc" into
compliance with the aforementioned requirements shall be borne by the bidder.
27. MATERIAL SAFETY DATA SHEET
In compliance with Chapter 442, Florida Statutes, a Material Safely Data Sheet (MSDS) must
accompany any toxic substance resulting from this bid. The MSOS must include the following
information:
(a) The identity used on the chemical product's iabel.
(b) Tha chemical and the common name(s) of all ingredients. which have
been determined to be a health hazard.
(c) Physicai and chemical cheracteristics of the hazardous chemicals (i.e.
vapor pressure, f1ashpoint).
(d) The physical hazards of the hazardous chemical. including the polential
for fire, explosion and reactivity.
(e) The health hazards of the hazardous chemical, Including signs and
symptoms of exposure.
(f) The primary route(s) of entry.
(g) The Occupationai Safety and Health Administration (OSHA) permissible
exposure limit, American Conference of Governmental Industrial
Hygienists (ACGIH) Threshoid Limit Value, and any other exposure limit
used or recommended,
(h) Whether the hazardous chemical is listed on the National Toxicology
Program (NTP) Annual Report on Carcinogens (Ialest edition) or has
been found to be a potential carcinogen.
(i) Any general applicable precautions for safe handling and use that are
known.
U) Any general applicable control measures, which are known.
(k) Emergency and first aid procedures.
(I) The date of MSDS preparation or last change to il.
(m) The name, address and telephone number of the chemical
Manufacturer or importer
28. SAFETY REGULATIONS
Equipment must meet all State and Federal safety regulations for grounding of electrical
equipment.
29. CODES AND REGULATIONS
The vendor must strictly comply with all Federal, State and local building and safety codes.
30. INOEMNIFICATlON
Contractor agrees to protect. defend, reimburse, indemnify and hold the TOWN. its agents,
employees and elected officers and each of them free and harmless at all times from and
against any and all claims, liability, expenses, losses. suits, costs, fines and damages
(including attorney fees) and causes of action of every kind ano character against or from
TOWN by reason of any damage to property or the environment, or bodily injury (including
death) incurred or sustained by any party hereto, or any party acquIring any Inlerest
hereunder. and any third or other party whomsoever, or any governmental agency, arising out
of or incident to or in connection with Contractor's performance under this Agreement,
Contractor's acts, omissions or operations hereunder. or the performance. nonperfonnance or
purported performances of the Contractor or any breach of the items of this Agreement;
provided. however, the Contractor shall not be responsible to TOWN for damages resulting
out of bodily injury or to property which Contractor can establish as being attributable to the
sole negligence of TOWN, its respective agents, servants, employees or officers.
This indemnificatIon shall include, but not be limited to, suits, actions or claims brought
because of any injuries or damage sustained by any person or property on account of the
Contractor's operations in connection with the Contract; or on account of or In consequence of
any neglect in constructing the work; or because of any act or omission by the Contractor; or
because of any claims or amounts recovered for any 'Infringement of patent, trademark or
copyright; or from any claims or amounts arising or recovered under the Contractor under his
contract; as is considered necessary by the TOWN, or In the case no monies are due, his
surety shall be held until such suits, actions Dr claims for injuries or damages, as aforesaid.
shall have been steeled and suitable evidence to the effect furnished to the TOWN.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 5
TOWN OF PALM BEACH
RFP NO. 2008-23
Cleaning and Evaluation of
Storm and Sanitary Lines and Structures
PART I
PROPOSAL GUIDELINES
1-1 Introduction: The Town of Palm Beach, Florida is soliciting Requests for Proposals
(RFP) for Cleaning and Evaluation of Storm and Sanitary Lines and Structures.
1-2 Proposal Submission and Withdrawal: The Town must receive all proposals by 2:00
P.M. on July 16, 2008. The proposals shall be submitted at the following address:
TOWN OF PALM BEACH
Purchasing Office
951 Old Okeechobee Road Suite "0"
West Palm Beach, Florida 33401
To facilitate processing, please clearly mark the outside of the proposal package as follows.
RFP NO 2008-23 Cleaning and Evaluation of Storm and Sanitary Lines and Structures.
This package shall also include the Proposer's return address
Proposers may withdraw their proposals by notifying the Town in writing at any time prior to the
deadline for proposal submittal. After the deadline, the proposal will constitute an irrevocable
offer, for a period of six (6) months. Once opened, proposals become a record of the TOWN
and will not be returned to the Proposer.
The Town cautions Proposers to assure actual delivery of mailed or hand-delivered proposals
directly to the Town's Purchasing ~ivision at 951 Old Okeechobee Road, Suite "0", West Palm
Beach, Florida prior to the deadline set for receiving proposals. Telephone confirmation of
timely receipt of the proposal may be made by calling (561) 838-5406, before proposal closing
time. Any proposal received after the established deadline will not be considered and will be
returned unopened to the Proposer(s).
1-3 Number of Copies: Proposers shall submit an original and five (5) copies of the
proposal in a sealed, opaque package marked as noted above. The Proposer will be
responsible for timely delivery, whether by personal delivery, US Mail or any other delivery
medium.
1-4 Development Costs: Neither the Town nor its representatives shall be liable for any
expenses incurred in connection with preparation of a response to this Request for Proposai.
Proposers should prepare their proposals simply and economically, providing a straightforward
and concise description of the Proposer's ability to meet the requirements of the RFP
1-5 Inquiries: Interested Proposers may contact the Town's Purchasing Agent, Lynda S
Venne, epPB, regarding questions about the proposal by telephone at (561) 227-7001 or
facsimile at (561) 835-4688. The Purchasing ~ivision is located at 951 Old Okeechobee Roacl
Suite "0", West Palm Beach, FL 33401
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 6
The Purchasing Agent will receive written requests for clarification concerning the meaning or
interpretations of the RFP, until eight (8) days prior to the submittal date. Town personnel are
authorized only to direct the attention of prospective Proposers to various portions of the RFP
so that they may read and interpret such for themselves.
No employee of the Town is authorized to interpret any portion of this RFP or give information
as to the requirements of the RFP in addition to what is contained in the written RFP document.
1-6 Pre-Proposal Conference: All interested Proposers are invited to attend a Pre-
Proposal Conference on June 25, 2008 commencing at 10:00 A.M at the Public Works Facility,
951 Old Okeechobee Rd. West Palm Beach, Florida 33401. At this time, the Town's
representatives will be available to answer questions relative to this Request for Proposal. Any
modifications may be presented in writing to, or discussed with the Town's representative(s) as
possible amendments to the Request for Proposal.
1-7 Addendum: The Town may record its response to inquiries and any supplemental
instructions in the form of written addenda. The TOWN may provide written addenda up to
seven (7) calendar days before the date fixed for receiving the proposals. Proposers shall
contact the Town to ascertain whether any addenda have been issued. Failure to do so could
result in an unresponsive proposal. Any oral explanation given before the RFP opening will not
be binding.
All Proposers are expected to carefully examine the proposal documents. Any ambiguities or
inconsistencies should be brought to the attention of the Town Purchasing Agent through written
communication prior to the opening of the proposals.
1-8 Contract Awards: The Town anticipates entering into an Agreement with the Proposer
who submits the proposal judged by the Town to be most advantageous.
The Town reserves the right to accept or reject any or all proposals, with or without cause, to
waive technicalities or to accept the proposal which, in its sole judgment, best serves the
interest of the Town, or to award a contract to the next most qualified proposal if the successful
proposal does not execute a contract within sixty (60) days after the award of the proposal.
The Proposer understands that this RFP does not constitute an offer or an Agreement with the
Proposer. An offer or Agreement shall not be deemed to exist and is not binding until proposals
are reviewed, accepted by appointed staff, the best proposal has been identified, approved by
the appropriate level of authority within the Town and executed by all parties.
The TOWN reserves the right to reject all proposals, to abandon the project and/or to solicit and
re-advertise for other proposals.
1-9 Contractual Agreement: This RFP shall be included and incorporated in the final
award. The order of contractual precedence will be the Contract or Price Agreement document,
original Terms and Conditions, and contractor response. Any and all legal action necessary to
enforce the award will be held in Palm Beach County and the contractual obligations will be
interpreted according to the laws of Florida. Any additional contract or agreement requested
for consideration by the Proposer must be attached and enclosed as part of the
proposal.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 7
This RFP shall be awarded for an initial term of three (3) years continuous annual service,
commencing at signing and renewable for up to two (2) additional years. The three (3) year
annual contract amount to be fifty thousand dollars ($50,000.00) per year, with higher amounts
anticipated. Option to renew will only be exercised upon written mutual agreement and with all
original terms, conditions and pricing (adjustments may be made to pricing based on the
Consumer Price Index at the time of renewal) with no deviations. Price adjustments upon
renewal, if any, shall be based on the percent change in the Consumer Price Index. All Urban
Consumers, for the Miami-Fort Lauderdale Region from August to August of each prior and
renewal year respectively, as published by the United States Department of Labor .Any renewa
will be subject to appropriation of funds by the Town Council
1-10 Selection Process: The proposals will be evaluated and assigned points; the firm
with the highest number of points will be ranked first. However, nothing herein will prevent the
Town from assigning work to any firm deemed responsive and responsible
The Town reserves the right to further negotiate any proposal, including price, with the highest
rated Proposer. If an agreement cannot be reached with the highest rated Proposer, the Town
reserves the right to negotiate and recommend award to the next highest Proposer or
subsequent Proposers until an agreement is reached
1-11 Public Records: Upon award recommendation or ten (10) days after opening
whichever occurs first, proposals become "public records" and shall be subject to public
disclosure consistent with Chapter 119 Florida Statutes. Proposers must invoke the exemptions
to disclosure provided by law in the response to the RFP, and must identify the data or other
materials to be protected, and must state the reasons why such exclusion from public disclosure
is necessary. Document files may be examined. during normal working hours.
1-12 News Releases: The Proposer shall obtain the prior approval of the Towl'
Manager's Office of all news releases or other publicity pertaining to this RFP. the service. 01
project to which it relates.
1-13 Insurance: The awarded service provider shall obtain and maintain In force at aii
times during the term of the contract derived from this RFP. insurance coverage in the following
types and amounts:
General Liability coverage with limits not less than $1,000,000 Each
Occurrence/$2,000,000 Aggregate. Certificate of Insurance shall indicate all
"Occurrence Basis" only. "Claims made" policies will not be accepted. The Town sha:
be endorsed as an additional insured under the General Liability coverage with respects
to the job( s) being performed.
Auto Liability coverage with limits not less than $1,000,000 Each Occurrence
Combined Single Limit each accident. The Certificate of Insurance shall indicate
coverage for Any Auto or Owned Autos/ Hired Autos/Non-Owned Autos.
Workers' Compensation coverage with statutory limits.
Employer's Liability coverage with limits not less than $100.000 for each accident
$100,000 disease (each employee) and $500,000 disease (policy limit)
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 8
A 30 day written notice of cancellation, non-renewal or modification of any stipulated insurance
shall be mailed to the hiring department via registered, return receipt requested mail. Note: 10
day Notice of Non-Payment is acceptable if Certificate of Insurance indicates 30 day notice for
cancellation, non-renewal, or modifications.
Umbrella or Excess Liability is required up to the minimum limit of liability if the limits of
liability shown on the Certificate of Insurance under General Liability do not meet the minimum
limit of liability as required.
1-14 Licenses: Proposers, both corporate and individual must be fully licensed and certified
in the State of Florida at the time of RFP submittal. The proposal of any Proposer that is not
fully licensed and certified shall be rejected.
1-15 Public Entity Crimes: Award will not be made to any person or affiliate identified on
the Department of Management Services' "Convicted Vendor List". This list is defined as
consisting of persons and affiliates who are disqualified from public contracting and purchasing
process because they have been found guilty of a public entity crime. No public entity shall
award any contract to, or transact any business in excess of the threshold amount provided in
Section 287.017 Florida Statutes for Category Two (currently $25,000) with any person or
affiliated on the "Convicted Vendor List" for a period of thirty-six (36) months from the date that
person or affiliate was placed on the "Convicted Vendor List" unless that person or affiliate has
been removed from the list. By signing and submitting the RFP proposal forms, Proposer
attests that they have not been placed on the "Convicted Vendor List".
1-16 Code Of Ethics: If any Proposer violates or is a party to a violation of the code of ethics
of the Town of Palm Beach or the State of Florida with respect to this proposal, such Proposer
may be disqualified from performing the work described in this proposal or from furnishing the
goods or services for which the proposal is submitted and shall be further disqualified from
submitting any future proposals for work, goods or services for the TOWN of PALM BEACH.
1-17 Drug-Free Workplace: Preference shall be given to businesses with Drug-Free Work
Place (DFW) programs. Whenever two or more proposals which are equal with respect to price,
quality, and service are received by the TOWN for the procurement of commodities or
contractual services, a proposal received from a business that completes the attached DFW
form certifying that it is a DFW shall be given preference in the award process.
1-18 Rights and Privileges: Rights and privileges granted by the Town shall not be
assigned or transferred in any manner whatsoever without written approval of the Town Council.
At all times during the term of the contract the Contractor shall act as an independent contractor
and at no time shall the Contractor be considered an agent or partner of the Town. The
Contractor shall obtain and pay for all permits, licenses, Federal, State and Local taxes
chargeable to its operation.
1-19 Lobbying Prohibited: Proposers are not to contact or lobby any Town personnel
related or involved with this Request for Proposals. All oral or written inquiries are to be
directed to the Purchasing Division as instructed herein. Any violation of this condition may
result in rejection and/or disqualification of the Proposer.
1-20 Disclosure and Disclaimer: Any action taken by the Town in response to proposals
made pursuant to this RFP or in making any award or failure or refusal to make any award
pursuant to such proposals, or in any cancellation of award, or in any withdrawal or cancellation
of this RFP, either before or after issuance of an award, shall be without any liability or
obligation on the part of the Town or their advisors.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 9
In its sole discretion, the Town may withdraw this RFP either before or after receiving proposals.
may accept or reject proposals, and may accept proposals which deviate from the RFP. In its
sole discretion, the Town may determine the qualifications and acceptability of any party or
parties submitting proposals in response to this RFP (each such party being hereinafter a
"Proposer").
Following submission of a proposal, the Proposer agrees to promptly deliver such further
details, information and assurances, including, but not limited to, financial and disclosure data
relating to the proposal and/or the Proposer, including the Proposer's affiliates, officers
directors, shareholders, partners and employees, as requested by the Town.
The information contained herein is provided solely for the convenience of proposers. It is the
responsibility of a Proposer to assure itself that information contained herein is accurate and
complete. Neither the Town, nor their advisors provide any assurances as to the accuracy of
any information in this RFP. Any reliance on the contents of this RFP. or on any
communications with Town representatives or advisors, shall be at each Proposer's own risk,
Proposers should rely exclusively on their own investigations, interpretations and analyses in
connection with this matter. The RFP is being provided by the Town without any warranty or
representation, express or implied, as to its content; accuracy or completeness and no proposer
or other party shall have recourse to the Town if any information herein contained shall be
inaccurate or incomplete. No warranty or representation is made by the Town that any proposai
conforming to these requirements will be selected for consideration, negotiation or approval.
The Town, and its representatives shall have no obligation or liability with respect to this RFP, or
the selection and award process contemplated hereunder. Neither the Town nor it~
representatives warrant or represent that any award or recommendation will be made as a
result of the issuance of this RFP. All costs incurred by a Proposer in preparing and responding
to this RFP are the sole responsibility of the Proposer. Any recipient of this RFP who respond~
hereto fully acknowledges all the provisions of this Discloser and Disclaimer and agrees to be
bound by the terms hereof. Any proposal submitted pursuant to this RFP is at the sole risk anci
responsibility of the party submitting such proposal.
This RFP is made subject to correction of errors, omissions, or withdrawal without notice
Information contained in the RFP is for guidance only and each recipient hereof is cautioned
and advised to independently verify all of such information. In the event of any differences
between this Disclosure and Disclaimer and the balance of the RFP, the provisions of this
Disclosure and Disclaimer shall govern.
1-21 Proposal Contents: All material submitted becomes the property of the Town of Palm
Beach. The Town has the right to use any or all ideas presented in any reply to this RFP
Selection or rejection of the proposal does not affect this right
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page, (j
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation of the Storm and Sanitary Lines and Structures
PART II
NATURE OF SERVICES REQUIRED
2-1 PURPOSE AND SCOPE OF WORK
The Town of Palm Beach, incorporated in 1911, is located on a barrier island. Its area is
approximately 12 1/3 miles long by % miles at its widest, on the eastern coast of Palm Beach
County, Florida. Palm Beach has a full time population of almost 10,000 and an estimated
15,000 additional seasonal residents. The Town serves a full-time resident population of
approximately 9,700 plus an estimated 15,000 additional seasonal residents.
The Town Palm Beach owns, operates and maintains the sanitary collections systems and
storm water systems within its jurisdiction. The Town of Palm Beach (hereinafter known as
"Town") seeks proposals from qualified contractors specializing in cleaning, televising, and
evaluating storm and sanitary underground pipes, lines and structures, (wet wells, manholes,
catch basins, etc.) and associated additional items that may include inflow and infiltration
identification, root and tuberculation removal, structure mapping and technical evaluations, and
use of sonar inspection for large and full conveyances.
The construction season in the Town is from May 151 until the end of November. Hours and days
of operation will be specified to the successful bidder, but generally are 8am to 6pm. No work
will be performed on holidays and Sundays, Saturdays will be approved on a case by case
basis.
Contractors with a minimum of five years and 500,000 ft with PACP experience at cleaning and
televising sanitary and storm systems in the State of Florida, and are the primary contractor to
this type of work are invited to submit a proposal. Line cleaning, televising, smoke testing will be
charged per linear foot, structure cleaning and inspection will be charged per hour, debris
disposal will be charged per cubic yard. All other charges and units will be identified on the Price
Proposal Submittal.
2-2 DOCUMENT REQUIREMENTS
This document is intended to be used as the instrument to transmit proposals and to define the
terms, conditions and specifications desired by the Town to receive proposals for Cleaning and
Evaluating Storm / Sanitary Lines and Structures. It is the intent of the Town to select a single
proposer to supply the services necessary for successful completion of the proposal as defined
herein. Nothing in this RFP is intended to restrict the Town of Palm Beach in any way in the
selection of the proposal that best meets the needs of the Town. The Town reserves the right to
reject any or a/l offers and to negotiate changes in proposals or best and final offers.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 11
2-3 TOWN CONTRACT COORDINATOR
The Town Contract Coordinator for this project will be Lawrence C. Plympton, Water Resources
Manager at (561) 227-7019 or Iplympton@townofpalmbeach.com After Notice to
Proceed/Purchase Order is issued, all communications and correspondence shall be directed to
Mr. Plympton, with copies of the correspondence to the Purchasing Division at 951 Old
Okeechobee Road, Suite "0", West Palm Beach, FL 33401
2-4 SPECIFICATIONS
A. Definitions
1. AreaNelocity Method - a method of determining flow rate by measuring and
recording both the mean flow depth and flow velocity.
2. Basin - a series of interconnected pipes and lines that collect and convey storm
water from roadways and streets by way of catch basins, and inlets and grated
structures to a storm water pumping station, outfall or retention area.
3. Combined Sewer System - a collection of sewer conveyances, manholes, lift
stations, pump stations, and other appurtenances designed for the collection and
transportation or both wastewater and storm water runoff.
4. Database Management Application - a relational database in which flow monitoring,
CCTV, manhole and smoke data are stored in tables or forms. The information in
different tables can be related through links established by common data columns or
fields.
5. Exfiltration - wastewater that exits a sanitary sewer system to the ground through
defective sanitary sewer system components including, but not limited to, sewer
conveyances, manholes, service connections, or other system appurtenances.
6. Flow Monitor - an electronic instrument used to measure, record, and store flow
parameters at a specified location within a sanitary sewer system.
7. Infiltration - water that enters a sanitary sewer system from the ground through
defective sanitary sewer system components including, but not limited to, sewer
conveyances, manholes, service connections, or other system appurtenances.
8. Inflow - storm water that enters a sanitary sewer system from direct connections
including, but not limited to, roof leaders; clean-outs; foundation drains; sump
pumps; cellar, yard, and area drains; and cross connections with storm sewer
systems.
9. Rain Gauge - an electronic instrument used to measure, record, and store the depth
of rainfall received at a specified location
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 12
10. Sanitary Sewer System - a collection of sewer conveyances, manholes, lift stations,
pump stations, and other appurtenances designed for the collection and
transportation of wastewater.
11. Sewer System Evaluation Survey - a detailed investigation of a sanitary sewer
system to determine the quantity, type, and location of exfiltration, infiltration, and
inflow.
12. Service Area - a collection of sanitary sewer conveyances, gravity sewer lines,
manholes, pumping stations, and other appurtenances designed for the collection
and transportation of sanitary sewage in a defined area.
13. Storm Sewer System - a collection of storm water conveyances, manholes, pump
stations, and other appurtenances designed for the collection and transportation
storm runoff.
14. Sub-Basin - a series of interconnected gravity storm water conveyances that collect
and convey storm water from roadways and streets to a larger basin, part of the
storm sewer system.
15. Private Defect - a defect identified on private property which occurs within a service
connection and/or associated plumbing connecting a residence, business, or
institution to a sanitary sewer system.
16. Public Defect - a defect identified on public property or a utility easement.
17. Sensitive Receptor - any residence, business, or institution which is known or
suspected to contain persons suffering from heart and/or lung diseases, such as
emphysema, whose exposure to any type of smoke should be minimized.
18. Set-Up - an individual smoke test of a given portion of a sanitary sewer system as
performed from a specific manhole location.
19. Light Cleaning - the cleaning of debris from a sewer conveyance that requires three
or less passes of a hydraulic jet nozzle to achieve desired conditions for CCTV
inspection.
20. Heavy Cleaning - the cleaning of debris from a sewer conveyance that requires four
or more passes of a hydraulic jet nozzle to achieve desired conditions for CCTV
inspection.
21. NASSCO - National Association of Sewer Service Companies has created
nationwide Standards and terms for underground contractors.
22. PACP - Pipeline Assessment and Certification Program
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 13
B. Preliminary GPS Mapping
1. PURPOSE
The purpose of this technical specification is to define acceptable methods for the performance
of sewer system evaluation survey (SSES) preliminary mapping activities and deliverables to be
provided by the Contractor to the Owner upon completion of preliminary mapping activities
2. SCOPE
This technical specification is primarily intended for the preliminary mapping of manhole
locations within a sanitary sewer system, in conjunction with SSES activities, when adequate
existing sewer system maps are unavailable or inaccurate. This technical specification may
also be used for the preliminary mapping of storm and combined sewer systems.
Preliminary mapping is not intended to provide detailed, scale drawings, but rather, IS intended
to depict the general arrangement of a specified portion of a sewer system to facilitate the timely
completion of sUbsequent SSES activities - including, but not limited to, flow monitoring
manhole inspection, smoke testing, and closed-circuit television (CCTV) inspection activities.
3. CONTRACTOR REQUIREMENTS
3.1 General
The Contractor shall be responsible for conducting a physical reconnaissance of the
system area in which SSES activities are to be performed. The purpose of this
reconnaissance is to visually identify the number of manholes, as well as their genera!
location and orientation, within the system area in which SSES activities are to be
performed.
3.2 Public Relations
All mapping personnel shall wear some form of identification (i.e., identifiable clothing with
Contractor logo, identification badge, etc.) which allows the public to ascertain that mapping
personnel are conducting official business.
Mapping personnel shall make a reasonable attempt to notify property owners and/or
occupants when access to a utility easement on private property is required to locate d
manhole. Mapping personnel shall not, under any circumstance, enter any portion of a
private property that is fenced or clearly marked with "No Trespassing,' "Keep Out," 0-
other similar signage without prior written or verbal authorization from the property owner,
occupant, or other authorized representative.
3.3 Notification of Public Safety Agencies
The Contractor shall be responsible for the daily notification of appropriate public safety
agencies (i.e. Florida Department of Transportation, Police and Fire/Rescue
Departments, and Public Works etc.) regarding any mapping activities that will be
performed in roadways.
The Contractor shall obtain all necessary permits as required by federal, state, or loca
laws and regulations prior to affecting a partial or full closure of any roadway
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 14
3.4 Collection of Preliminary Mapping Data
The Contractor shall use a standardized preliminary mapping field data form for the
collection of preliminary mapping data.
Mapping personnel shall remove the cover from each observed manhole and visually
review the interior to identify the orientations of all inlet and outlet conveyances with
respect to magnetic north.
Mapping personnel shall denote the location of each observed manhole with respect to
nearby roadways, property addresses, and/or other significant landmarks. For each
observed manhole, mapping personnel shall measure the distance to each adjoining
manhole, lift station, or pump station. Distance measurements shall be obtained using
standard taping procedures. Mapping personnel shall place a small mark (using semi-
permanent paint) on the cover of each observed manhole to provide verification that
preliminary mapping data have been collected. In addition, if the manhole is located in
such a manner as to not be readily identifiable from the roadway, mapping personnel
may paint a small arrow along with the notation "MH" on the roadway indicating the
approximate direction of the manhole. Under no circumstance shall mapping personnel
paint such directional markings on private driveways, sidewalks, curbs, or parking areas.
The paint color shall be white or orange, unless otherwise directed by the Owner.
All sewer system structures shall be completely mapped and survey grade GPS
coordinates shall be recorded for each service area or sub-basin area listed on the
Drawings. Delivered in a format compatible with the owners GIS software. Updated map
features shall be delivered and imported to the original system by the Contractor and/or
his consultant.
3.5 Safety
The Contractor shall maintain a written health and safety plan in accordance with applicable
federal Occupational Safety and Health Administration (OSHA) and State safety laws and
regulations. A copy of this plan shall be provided to the Owner upon request.
The Contractor shall ensure that necessary safety equipment for proper traffic routing and
control are available and that inspection personnel are trained in their proper use.
The Contractor shall be responsible for taking all necessary precautions to minimize the
potential ignition of flammable vapors that may be present in the system area.
4. STORAGE OF DATA
Due to the nature of data collected during preliminary mapping activities, computer support
is required for efficient map development and presentation. The Contractor shall be
responsible for developing preliminary maps within a preliminary mapping application.
At a minimum, the preliminary mapping application shall be developed using a graphical
software package compatible with the owner's software environment. Moreover, the
preliminary mapping application shall be user-friendly, and provide flexibility in the
development, editing, and printing of stored maps.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 15
5. PROJECT DELlVERABLES
5.1 Computer System Requirements
The Contractor shall provide the Owner a list of minimum requirements necessary for a
computer system to efficiently operate the preliminary mapping application.
5.2 Preliminary Mapping Application Installation and Testing
Upon completion of preliminary mapping and data storage activities, the Contractor shall
install and test the preliminary mapping application on the Owner's computer. The
preliminary mapping application shall include all preliminary system area maps prepared by
the Contractor.
5.3 Training of Owner Personnel
The Contractor shall provide training in the operation of the preliminary mapping
application to a maximum of three Owner personnel. At a minimum, this training shall
include procedures for editing and printing maps.
5.4 Preliminary System Area Maps
Contractor shall provide the Owner with preliminary system area maps presenting the
output of the preliminary mapping application, along with a brief summary of preliminary
mapping activities.
C. Structure/Manhole.lnspection
1. PURPOSE
The purpose of this technical specification is to define acceptable methods for the performance
of storm sewer system evaluation survey structure/manhole inspection activities and
deliverables to be provided by the Contractor to the Owner upon completion of manhole
inspection activities.
2. SCOPE
This technical specification is primarily intended for the inspection of storm sewer and sanitary
sewer structures/manholes within the system, in conjunction with SSES activities. However.
this specification may also be adapted and utilized for the acceptance inspection of newlv
constructed structures/manholes.
3. CONTRACTOR REQUIREMENTS
3.1 Location of Manholes
The Owner shall provide the Contractor with sewer system maps and as-built data, as
available, of the system area to be inspected. Sewer system maps provided by the
Owner should define major Basins and Sub-Basins as well as Service Areas within the
system area to be inspected. Othervvise, the Contractor shall divide the system area to
be inspected into convenient, project-specific Basins and Sub-Basins and/or Service
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 16
Areas to facilitate effective project data management. If adequate sewer system maps
are unavailable, the Contractor shall prepare working maps, in accordance with the
Technical Specification for
Preliminary Mapping, depicting the general arrangement of the system area to be
inspected. The prepared manhole mapping shall include a GPS location of each
manhole located.
The Contractor shall be responsible for conducting a physical reconnaissance of the
system area to be inspected. The purpose of this reconnaissance is to verify the
location of known and/or suspected manholes.
The Contractor shall, at a minimum, utilize a magnetic locator to attempt to identify the
location of buried manhole covers. The suspected location of buried manhole covers
shall be clearly marked for excavation by the Owner. Under no circumstances shall the
Contractor excavate buried manholes without appropriate contractual authorization from
the Owner.
The Contractor shall be responsible for providing the Owner with documentation, on a
periodic basis, of all manholes that are buried, surcharged, cannot be located, or cannot
be accessed for inspection.
3.2 Conduct of Structures/Manhole Inspections
3.2.1 Public Relations
All inspection personnel shall wear some form of identification (i.e.,
identifiable clothing with Contractor logo, identification badge, etc.) which
allows the public to ascertain that inspection personnel are conducting
official business.
Inspection personnel shall make a reasonable attempt to notify property
owners and/or occupants when access to a utility easement on private
property is required to locate, excavate, and/or inspect a manhole.
Inspection personnel shall not, under any circumstance, enter any portion
of a private property that is fenced or clearly marked with "No
Trespassing," "Keep Out," or other similar sfgnage without prior written or
verbal authorization from the property owner, occupant, or other
authorized representative.
3.2.2 Notification of Public Safety Aqencies
The Contractor shall be responsible for the daily notification of
appropriate public safety agencies (i.e. Florida Department of
Transportation, Police Department and Fire/ Rescue, Public Works, etc.)
regarding any manhole inspection activities that will be performed in
roadways.
The Contractor shall obtain all necessary permits as required by federal,
state, or local laws and regulations prior to affecting a partial or full
closure of any roadway.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 17
3.2.3 Collection of Manhole Inspection Data
The Contractor shall use a standardized manhole inspection field data
form for the collection of inspection data.
3.2.3.1
Manhole Inspection Elements
Inspection personnel shall clearly mark (using semi-permanent
paint) the respective manhole number on each manhole cover
within the system area to be inspected. In addition, if the
manhole is located in such a manner as to not be readily
identifiable from the roadway, inspection personnel may paint
an arrow along with the notation "MH" on the roadway
indicating the approximate direction of the manhole. Under no
circumstance shall inspection personnel paint such directional
markings on private driveways, sidewalks, curbs, or parking
areas. The paint color shall be white or orange, unless
otherwise directed by the Owner.
inspection personnel shall ascertain the visual correctness ot
the sewer system maps, as provided by the Owner, with
regard to general manhole location and orientations of inlet
and outlet sewer conveyances. Inspection personnel shall
note any corrections which may be required to the sewer
system maps provided by the Owner.
Inspection personnel shall determine whether each manhole
cover is located at, below, or above grade. In addition.
inspection personnel shall observe the topography of the area
surrounding each manhole cover to determine if storm water
runoff is likely to drain onto the manhole cover, thereby
increasing inflow potential.
Inspection personnel shall investigate the interior condition ot
each manhole and identify all observed root intrusions
structural defects, accumulated debris, exfiltration, infiltration
and inflow, as well as the general condition of the manhole at
the time of inspection
3.2.3.2.
Defect Imaging
Inspection personnel shall produce color digital image of each
manhole inspection. Digital image shall contain the following
printed information at the beginning of each manhole
inspection
· Project Name and Project Number
· Service area or pumping station
. Basin, Sub-Basin, and Manhole Number
· Manhole Location
. Date
. Surface view
. Pipe view for each inlet or outlet pipe
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 18
Inspection personnel shall provide digital image of interior of
each manhole as part of each inspection - providing clear
and accurate images of all observed defects, as well as the
general condition of each manhole at the time of inspection.
Also a digital image of each inlet and outlet shall be provided
for a complete view of each manhole.
An inspection report of each manhole inspection shall include
narration regarding inspection observations and draw attention
to identified defects and potential problems.
3.2.3.3
Overall Manhole Classification
The Contractor shall use the NASSCO standardized system to
rate the overall severity of observed manhole conditions and to
prioritize each manhole for subsequent maintenance andlor
rehabilitation activities.
3.2.4 Safety
The Contractor shall maintain a written health and safety plan in accordance
with applicable federal Occupational Safety and Health Administration
(OSHA) and State safety laws and regulations. A copy of this plan shall be
provided to the Owner upon request.
The Contractor shall ensure that necessary safety equipment for confined
space entry, rescue, and retrieval (if internal inspection is required) are
available and that inspection personnel are trained in their proper use.
The Contractor shall ensure that necessary safety equipment for proper
traffic routing and control are available and that inspection personnel are
trained in their proper use.
The Contractor shall be responsible for taking all necessary precautions to
minimize the potential ignition of flammable vapors that may be present in
the system area to be inspected.
4. STORAGE OF DATA
Due to the large quantity of data collected during manhole inspection activities, computer
support is required for efficient data management. The Contractor shall be responsible for
maintaining all data collected from each manhole inspection within a database management
application.
5. PROJECT DELlVERABLES
5.1 Computer System Requirements
The Contractor shall provide the Owner a list of minimum requirements necessary for a
computer system to efficiently operate the database management application.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 19
5.2 Database Management Application Installation and Testing
Upon completion of manhole inspection and data storage activities, the Contractor shall
install and test the database management application on the Owner's computer. The
database management application shall include all manhole inspection data collected ana
entered by the Contractor.
5.3 Training of Owner Personnel
The Contractor shall provide training in the operation of the database management
application to a maximum of three Owner personnel. At a minimum, this training shall
include procedures for entering/editing records, constructing data queries. and
generating reports.
5.1 Manhole Inspection Report
The Contractor shall provide the Owner with a manhole inspection report presenting the
output of the database management application, along with a brief summary of manhole
inspection activities, findings, and recommendations.
5.2 Manhole Inspection Images
The Contractor shall provide the Owner one copy of each manhole inspection digital
image in jpeg format. Manhole inspection digital image shall be grouped onto individual
images for each component of the manhole according to respective pumping station or
service area.
D. Pump StationlWet Well Cleaning
1. PURPOSE
The purpose of this technical specification is to define acceptable methods for wet well and/or
pump station cleaning and determine project deliverables to the Owner by the Contractor
2. SCOPE
The scope of the work consists of plugging the incoming line, if possible, and using the existing
pumps in the pump station to remove as much liquid as possible in order to expose the amount
of solids left in the station. If plugging is not feasible, then the station must be by-passed. At this
point, the solid debris will be removed by vacuum truck or other means available and disposed
of in a pre-designated approved facility. A visual inspection of the station's lower plumbing and
pumps will be made at this time either by the Owner's technicians and/or the Contractor's
personnel. The station will then be completely rinsed down, including any wall debris, and the
wall structure will be inspected for any structural defects before it is put back on line e)f
unplugged.
3. REQUIREMENTS
The Contractor will adhere to all OSHA and Florida state safety requirements for confined space
entry, Tivec suits, respirators, etc. for the duration of the procedure Contractor will also be
responsible for Maintenance of Traffic plans and coordination with the Owner
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 20
4. DELlVERABLES
The Contractor will submit to the Owner a written report including digital photographs of every
stage of the cleaning and debris removal, as well as, a written description of any defects to the
pumps or inside structure, including the walls.
E. Closed Circuit Television Inspection
1. PURPOSE
The purpose of this technical specification is to define acceptable methods for the performance
of sewer system evaluation survey (SSES) closed-circuit television (CCTV) inspection activities
and deliverables to be provided by the Contractor to the Owner upon the completion of CCTV
inspection activities.
2. SCOPE
This technical specification addresses CCTV inspection of the Owners sanitary and or storm
sewer systems, primarily for the identification of structural deficiencies and potential infiltration
and inflow sources in conjunction with SSES activities.
3. CONTRACTOR REQUIREMENTS
3.1 General
The Contractor shall maintain the necessary capabilities to CCTV inspect sewer
conveyances ranging from 6-inches to 72-inches in diameter, with conveyance lengths not
exceeding 1,000 feet.
All CCTV inspections shall be performed using a pan-and-tilt camera, with a maximum
range of 210 degrees. The camera shall also be capable of recording color images of
individual defects.
3.2 Location of Manholes
The Owner shall provide the Contractor with sewer system maps and as-built data, as
available, of the system area to be inspected. System maps provided by the Owner
should define major Service Areas, Pumping Stations, Basins and Sub-Basins within the
system area to be inspected. Otherwise, the Contractor shall divide the system area to
be inspected into convenient, project-specific Service Areas, Basins and Sub-Basins to
facilitate effective project data management. If adequate sewer system maps are
unavailable, the Contractor shall prepare working maps, in accordance with the
Technical Specification for Preliminary Mapping, depicting the general arrangement of
the system area to be inspected. The Contractor shall be responsible for conducting a
physical reconnaissance of the system area to be inspected. The purpose of this
reconnaissance is to verify the location of known and/or suspected manholes and to
coordinate access for cleaning and CCTV inspection equipment, as appropriate.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 21
The suspected location of buried manholes identified during CCT\! inspection activities
shall be clearly marked for excavation by the Owner. Under no circumstances shall the
Contractor excavate buried manholes without appropriate contractual authorization from
the Owner,
The Contractor shall be responsible for providing the Owner with documentation, on a
periodic basis, of all manholes that are buried, cannot be located. or cannot be accessec
for CCTV inspection.
3.3 Conduct of CCTV Inspections
3.3.1 Public Relations
All inspection personnel shall wear some form of identification (i.e.,
identifiable clothing with Contractor logo, identification badge, etc.), which
allows the public to ascertain that inspection personnel are conducting
official business.
inspection personnel shaii make a reasonable attempt to notify property
owners and/or occupants when access to a utility easement on private
property is required to locate and/or access a manhole for CCTV
inspection. Inspection personnel shall not, under any circumstance, enter
any portion of a private property that is fenced or clearly marked with "No
Trespassing," "Keep Out," or other similar signage without prior written Of
verbal authorization from the property owner, occupant. or other
authorized representative.
3.3.2 Notification of Public Safety Aqencies
The Contractor shall be responsible for the daily notification of the
appropriate public safety agencies (i ,e. Florida Department of
Transportation, Police Department and Fire/Rescue, Public Works etc.)
regarding any CCTV inspection activities that will be performed in
roadways. The Contractor shall obtain all necessary permits as required
by federal, state, or local laws and regulations prior to affecting a partiai
or full closure of any roadway,
3.3.3 Pre-Inspection Cleaning
The Contractor shall be responsible for the light cleaning of sewer
conveyances to facilitate CCTV inspection. The Contractor shall not
provide heavy cleaning of sewer conveyances to facilitate CCTV
inspection without appropriate contractual authorization from the Owner
3.3.4 Pluqqinq
If the sewer conveyance io be inspected is flowing such that the CCT\
camera will become submerged, the Contractor shall elect to inspect the
conveyance during periods of reduced flow or take necessary measures
to reduce the flow rate by temporarily plugging the sewer conveyance.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 22
Prior to plugging any sewer conveyance, the Contractor shall be
responsible for carefully evaluating the observed flow situation to ensure
that property damage will not occur as a result of temporary plugging.
The Contractor shall utilize bypass pumping as necessary to ensure that
temporary plugging does not result in the release of untreated wastewater
to the surrounding environment. The Contractor shall not provide
plugging and/or bypass pumping without appropriate contractual
authorization from the Owner.
3.3.5 Collection of CCTV Inspection Data
The Contractor shall utilize a computerized data logger that meets the
approval of the Owner for the collection of CCTV inspection data.
3.3.5.1
CCTV Inspection Elements
Inspection personnel shall conduct CCTV inspections
concurrent to the direction of flow at camera speeds no greater
than 30 feet per minute. Countercurrent CCTV inspections
shall be conducted only when concurrent CCTV inspections
are prohibited or suspended by observed sewer conveyance
structural deficiencies, sewer conveyance blockages, andlor
manhole accessibility limitations. Inspection personnel shall
investigate the interior condition of each sewer conveyance
and identify all observed services connections, root intrusions,
structural defects, accumulated debris, exfiltration, infiltration,
and inflow, as well as the general condition of the sewer
conveyance at the time of inspection. Each defect and service
connection should be documented initially from a perspective
view of the pipe in order to notate the condition of the
surrounding pipe, and then the pan and tilt feature can be
used accordingly for a closer view of the defect.
Inspection personnel shall record the measured distance of
each CCTV inspection. Distance measurements shall be
obtained using a footage meter attached to the CCTV camera
cable and shall be recorded to the nearest foot. In situations
where the CCTV camera is unable to navigate from manhole
to manhole, distance measurements shall be obtained at
ground level using normal taping methods and recorded to the
nearest foot. All distance measurements shall begin at the
center of the starting manhole and end at the center of the
ending manhole. The Contractor shall invoice the Owner for
the distance measurement obtained for each CCTV
inspection.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 23
3.3.5.2
Defect Imaging
Inspection personnel shall produce color video footage of each
CCTV inspection. Video footage shall contain the following
printed information at the beginning of each CCTV inspection
· Project Name and Project Number
· Service Area and Pumping Station or
· Basin and Sub-Basin
· Starting Manhole and Ending Manhole Numbers
· Starting Manhole Location
· Date and Time
· Sewer Conveyance Material
· Sewer Conveyance Diameter
· Project-Specific Videotape Serial Number
· Videotape Index Counter Number
· CCTV Camera Operator's Initials and PACP certification
number
Inspection personnel shall provide video footage of the interior
of each sewer conveyance as part of each inspection
providing clear and accurate images of all observed service
connections, root intrusions, structural defects, accumulated
debris, exfiltration, infiltration, and inflow, as well as the
general condition of each sewer conveyance at the time of
inspection.
Video footage of each CCTV inspection shall draw attention to
identified defects and potential problems.
3.3.5.3
Overall Sewer Conveyance Classification
Data collection should be in compliance with the NASSCO
PACP standard coding system and television operators must oe
PACP certified. The Contractor shall use this standardized
system to rate the overall severity of observed sewer
conveyance conditions and to prioritize each sewer conveyance
for subsequent maintenance and/or rehabilitation activities
3.3.6 Safety
The Contractor shall maintain a written health and safety plan
accordance with applicable federal Occupational Safety and
HealthAdministration (OSHA) and State safety laws and regulations. .0.
copy of this plan shall be provided to the Owner upon request.
The Contractor shall ensure that necessary safety equipment for confineo
space entry, rescue, and retrieval are available and that inspectior-'
personnel are trained in their proper use.
The Contractor shall ensure that necessary safety equipment for proper
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary lines and Structures
Page 24
traffic routing and control are available and that inspection personnel are
trained in their proper use.
The Contractor shall be responsible for taking all necessary precautions to
minimize the potential ignition of flammable vapors that may be present in
the system area to be inspected.
4. STORAGE OF DATA
Due to the large quantity of data collected during CCTV inspection activities, computer support
is required for efficient data management. The Contractor shall be responsible for maintaining
all data collected from each CCTV inspection within a database management application.
At a minimum, the database management application shall be developed using a relational
database software package compatible with the Owners software environment.
The database management application shall be user-friendly and provide flexibility in the
retrieval, sorting, querying, and reporting of stored records. Original data must be collected in a
digital format and backed up to VCR tape simultaneously during collection.
5. PROJECT DELlVERABLES
5.1 Computer System Requirements
The Contractor shall provide the Owner a list of minimum requirements necessary for a
computer system to efficiently operate the database management application.
5.2 Database Management Application Installation and Testing
Upon completion of CCTV inspection and data storage activities, the Contractor shall
install and test the database management application on the Owner's computer. The
database management application shall include all CCTV inspection data collected and
entered by the Contractor.
5.3 Training of Owner Personnel
The Contractor shall provide training in the operation of the database management
application to a maximum of three Owner personnel. At a minimum, this training shall
include procedures for entering/editing records, constructing data queries, and
generating reports.
5.4 CCTV Inspection Report
The Contractor shall provide the Owner with a CCTV inspection report presenting the
output of the database management application. The output of the database application
shall include a summary report sheet, cross-sectional view, and plan view of all identified
defects, connections, and other relevant observations from each sewer conveyance
inspected. Additionally, the deliverable shall include a summary of the PACP rating index
of each pipe for both structural defects and operational and maintenance defects, along
with a summary of the overall pipe rating index for each line segment.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 25
5.5 CCTV Inspection Videotape
The Contractor shall provide the Owner one copy of the CCTV inspection video footage
in MPEG1 or MPEG2 format on a Hard-Drive, CD or DVD. CCTV inspection video
footage shall be grouped onto individual drive or disc according to respective Service
Areas, Pumping Station, Basins and Sub-Basins. The video inspections shall be linked
to the data so the Owner has the ability to view the data and video simultaneously. The
database application must also have the capability to interface with the Owner's GIS
system
F. Smoke Testing
1. PURPOSE
The purpose of this technical specification is to define acceptable methods for the performance
of sewer system evaluation survey (SSES) smoke testing activities and deliverables to be
provided by the Contractor to the Owner upon the completion of smoke testing activities.
2. SCOPE
This technical specification addresses smoke testing of sanitary sewer systems, primarily for the
identification of potential inflow sources within a sanitary sewer system, in conjunction with
SSES activities.
3. CONTRACTOR REQUIREMENTS
3.1 General
The Contractor shall conduct smoke testing activities using a portable smoke blower with
a minimum rated air flow of 1,500 cubic feet per minute (CFM).
The Contractor shall utilize non-toxic, non-explosive smoke-generating items specifically
designated for use in sanitary sewer systems. The smoke-generating items shali
generate a white to gray smoke and leave no visible residue or stains.
3.2 Location of Manholes
The Owner shall provide the Contractor with sewer system maps and as-built data, as
available, of the system area to be smoke tested. Sewer system maps provided by the
Owner should define major Service Areas and Pumping Stations within the system area
to be smoke tested. Otherwise, the Contractor shall divide the system area to be smoke
tested into convenient, project-specific Service Areas and Pumping Station to facilitate
effective project data management. If adequate sewer system maps are unavailable
the Contractor shall prepare working maps, in accordance with the Technical
Specification for Preliminary Mapping, depicting the general arrangement of the system
area to be smoke tested. The prepared manhole mapping shall include 3 GPS location
of each manhole located.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 26
The Contractor shall be responsible for conducting a physical reconnaissance of the
system area to be smoke tested. The purpose of this reconnaissance is to verify the
location of known manholes, measure the distance of sewer conveyances to be smoke
tested, and identify potential sensitive receptors that may be adversely affected by smoke
testing (i.e. hospitals, nursing homes, schools, etc.). Distance measurements shall be
obtained using standard taping procedures.
The suspected location of buried manholes identified during smoke testing activities shall
be clearly marked for excavation by the Owner. Under no circumstances shall the
Contractor excavate buried manholes without appropriate contractual authorization from
the Owner.
The Contractor shall be responsible for providing the Owner with documentation, on a
periodic basis, of all manholes that are buried, cannot be located, or cannot be accessed
for smoke testing.
3.3 Public Notification
The Contractor shall be responsible for providing advance notification to the public
regarding the general dates and locations where smoke testing activities are to be
performed. At a minimum, such notification should include a press release to be provided
to the local newspaper(s) and door hangers to be provided to each individual residence,
business, and institution located within the system area to be smoke tested.
The Contractor shall be responsible for the distribution of door hangers to each residence,
business, or institution within 24 to 72 hours prior to commencement of smoke testing
activities in the system area to be smoke tested. Under no circumstance shall the
Contractor place door hangers or any other notification in mail boxes or newspaper delivery
receptacles.
The Contractor shall meet with the owners or administrators of potential sensitive receptors
which may be adversely affected by smoke testing activities to review measures which
should be taken to minimize the potential of smoke entering the sensitive receptor through
defective plumbing.
3.4 Conduct of Smoke Testing
3.4.1 Public Relations
All smoke testing personnel shall wear some form of identification (i.e.,
identifiable clothing with Contractor or Contractor logo, identification
badge, etc.) which allows the public to ascertain that smoke testing
personnel are conducting official business.
Smoke testing personnel shall make a reasonable attempt to notify
property owners and/or occupants when access to a utility easement on
private property is required to conduct smoke testing activities for a given
set-up. Smoke testing personnel shall not, under any circumstance, enter
any portion of a private property that is fenced or clearly marked with "No
Trespassing," "Keep Out," or other similar signage without prior written or
verbal authorization from the property owner, occupant, or other
authorized representative.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 27
Smoke testing personnel shall be trainee In the proper methods 01
tactfully conversing with persons who become concerned or disgruntled
upon discovering smoke in their residence, business. or institutior
resulting from smoke testing activities
Key smoke testing personnel shall maintain readily accessible copies of
public notices during smoke testing activities.
3.4.2 Notification of Public Safety Aqencies
The Contractor shall be responsible for the daily notification of the locai
Fire Department and/or Police Department regarding the system area(s)
in which smoke testing activities are scheduled
The Contractor shall be responsible for the daily notification of
appropriate public safety agencies (i.e. Florida Department of
Transportation, Street Department, Police and Fire/Rescue Departments,
and Public Works, etc.) regarding any smoke testing activities that will be
performed in roadways.
The Contractor shall obtain all necessary permits as required by federal.
state, or local laws and regulations prior to affecting a partial or ful'
closure of any roadway.
3.4.3 Collection of Smoke Testinq Data
The Contractor shall use standardized smoke testing field data forms for
the collection of smoke testing data.
3.4.3.1
Defect Identification and Marking
Smoke testing personnel shall visually observe each set-up
area and mark any defects evidenced by the presence 0+
smoke released from the ground, paved surfaces, buildings.
storm water drainage systems. or any appurtenance of the
sanitary sewer system. Defects located during the smoke
testing process shall be located with a minimum of latitude and
longitude coordinates using GPS.
3.4.3.2
Defect Imaging
Smoke testing personnel shall produce a color image of each
defect using a digital camera. At a minimum, the image shali
visually depict smoke actually exiting from the observed
defect, along with a sufficiently permanent reference to allow
Owner personnel to verify location information at a later date
3.4.3.3
Defect Documentation
Smoke testing personnel shall record a description of each
observed defect. At a minimum, the record shall contain
information regarding the type of defect and a description of at
least two permanent reference points and their distances tc
the observed defect
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 28
3.4.4 Safety
The Contractor shall maintain a written health and safety plan in accordance
with applicable federal Occupational Safety and Health Administration
(OSHA) and State safety laws and regulations. A copy of this plan shall be
provided to the Owner upon request.
The Contractor shall ensure that necessary safety equipment for proper
traffic routing and control are available and that inspection personnel are
trained in their proper use.
The Contractor shall be responsible for taking all necessary precautions
to minimize the potential ignition of flammable vapors that may be present
in the system area to be smoke tested.
4. STORAGE OF DATA
Due to the large quantity of data collected during smoke testing activities, computer support is
required for efficient data management. The Contractor shall be responsible for maintaining all
data collected from each set-up (including defect images) within a database management
application.
5. PROJECT DELlVERABLES
5.1 Computer System Requirements
The Contractor shall provide the Owner a list of minimum requirements necessary for a
computer system to efficiently operate the database management application.
5.2 Database Management Application Installation and Testing
Upon completion of smoke testing and data storage activities, the Contractor shall install
and test the database management application on the Owner's computer. The database
management application shall include all smoke testing data collected and entered by the
Contractor.
5.3 Training of Owner Personnel
The Contractor shall provide training in the operation of the database management
application to a maximum of three Owner personnel. At a minimum, this training shall
include procedures for entering/editing records, constructing data queries, and
generating reports.
5.4 Smoke Testing Report
The Contractor shall provide the Owner with a smoke testing report presenting the
output of the database management application, along with a brief summary of smoke
testing activities, findings, and recommendations.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 29
G. Flow Monitoring
1. PURPOSE
The purpose of this technical specification is to define acceptable methods for the performance
of sewer system evaluation survey (SSES) flow monitoring activities and deliverables to be
provided by the Contractor to the Owner upon completion of flow monitoring activities.
2. SCOPE
This technical specification addresses the temporary flow monitoring of a selected portion of a
sanitary sewer system, in conjunction with SSES activities, for the purpose of providing a
quantitative and qualitative analysis of observed infiltration and inflow. This technical
specification does not address the temporary flow monitoring of storm or combined sewer
systems.
3. CONTRACTOR REQUIREMENTS
3.1 General
At a minimum, the Contractor shall utilize flow monitors designed for use in sanitary sewer
systems. Each flow monitor shall be capable of determining flow rates by the vessel area
and velocity method or other method approved by the Owner. Regardless of operational
methodology, each flow monitor must be capable of determining flow rates under
conditions of open-channel, closed-channel, surcharge, and reverse flow.
At a minimum, the Contractor shall utilize rain gauges designed for use in conjunction with
flow monitors. Each rain gauge shall be capable of recording rainfall quantities by the
tipping-bucket method, or other method approved by the Owner.
Flow monitor and rain gauge measurements shall be performed and recorded at intervals
no greater than 15 minutes. Flow monitor and rain gauge measurement intervals shall be
synchronized relative to within :t:15 seconds of each other and within ::t15 seconds of loca:
standard time.
Understanding the difficulty of maintaining flow monitors in sanitary sewer environments.
the Contractor shall ensure that no more than 10% of the flow monitors are inoperable at
any given time during the flow monitoring period. If less than 10 flow monitors are used,
the Contractor shall ensure that no more than one flow monitor is inoperable at any giver'
time during the flow monitoring period. In addition, each individual flow monitor shall be
similarly operational during at least 80% of the flow monitoring period,
3.2 Location of Flow Monitors
The Owner shall provide the Contractor with sewer system maps and as-built data, as
available, of the system area to be flow monitored. Sewer system maps provided by the
Owner should indicate recommended flow monitoring locations, as well as define major
Service Ares and Pumping Stations within the system area to be flow monitored
Otherwise, the Contractor shall divide the system area to be flow monitored into
convenient, project-specific Service Areas and Pumping Stations to facilitate effective
project data management. If adequate sewer system maps are '-.lnavailable, the
Contractor shall prepare working maps, in accordance with the Technical Specification
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 30
for Preliminary Mapping, depicting the general arrangement of the system area to be
flow monitored.
The Contractor shall be responsible for conducting a physical reconnaissance of each
flow monitoring location. The purpose of this reconnaissance is to observe the
accessibility and general hydraulic condition of each flow monitoring location. The
Contractor shall notify the Owner of any flow monitoring location that is inaccessible or
does not appear to provide adequate hydraulic conditions for effective flow monitoring.
The Contractor shall, at a minimum, utilize a magnetic locator to attempt to identify the
location of buried manholes. The suspected location of buried manholes shall be clearly
marked for excavation by the Owner. Under no circumstances shall the Contractor
excavate buried manholes without appropriate contractual authorization from the Owner.
3.3 Conduct of Flow Monitoring
3.3.1 Public Relations
All flow monitoring personnel shall wear some form of identification (i.e.
identifiable clothing with Contractor logo, identification badge, etc.) which
allows the public to ascertain that flow monitoring personnel are
conducting official business.
Flow monitoring personnel shall make a reasonable attempt to notify
property owners and/or occupants when access to a utility easement on
private property is required to locate and/or access a manhole for flow
monitoring activities. Flow monitoring personnel shall not, under any
circumstance, enter any portion of a private property that is fenced or
clearly marked with "No Trespassing," "Keep Out," or other similar
sign age without prior written or verbal authorization from the property
owner, occupant, or other authorized representative.
3.3.2 Notification of Public Safety Aqencies
The Contractor shall be responsible for the daily notification of
appropriate public safety agencies (i.e. Florida Department of
Transportation, Streets Department, Police and Fire/Rescue Department,
and Public Works etc.) regarding access to any flow monitors positioned
in manholes located in roadways.
The Contractor shall obtain all necessary permits as required by federal,
State, or local laws and regulations prior to affecting a partial or full
closure of any roadway.
3.3.3 Flow Monitor and Rain Gauqe Installation
The Contractor shall install each flow monitor and rain gauge in
accordance with manufacturer specifications.
3.3.4 Collection of Flow Monitorinq and Rain Gauqe Data
The Contractor shall use an electronic data logger that meets the
approval of the Owner for the collection of flow monitoring and rain gauge
data.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 31
At a minimUm, each flow monitoring location shall be reviewed on a
weekly basis to download data, assess the general serviceability of the
flow monitor, note any adverse alterations in hydraulic conditions, assess
the reliability of flow depth and velocity measurements, and verify the
proper operation of the flow monitor data recorder and memory
At a minimum, each rain gauge location shall be reviewed on a weekly
basis to download data, assess the general serviceability of the rain
gauge, and verify the proper operation of the rain gauge data recorder
and memory.
3.3.5 Safety
The Contractor shall maintain a written health and safety plan in accordance
with applicable federal Occupational Safety and Health Administration
(OSHA) and State safety laws and regulations. A copy of this plan shall be
provided to the Owner upon request.
The Contractor shall ensure that necessary safety equipment for confined
space entry, rescue, and retrieval are available and that flow monitoring
personnel are trained in their proper use
The Contractor shall ensure that necessary safety equipment for proper
traffic routing and control are available and that flow monitoring personnel
are trained in their proper use.
The Contractor shall be responsible for taking all necessary precautions to
minimize the potential ignition of Aammable vapors that may be present at
flow monitoring locations.
4. STORAGE OF DATA
Due to the large quantity of data collected during flow monitoring activities, computer support IS
required for efficient data management. The Contractor shall be responsible for maintaining all
data collected from each flow monitor and rain gauge within a database management
application.
At a minimum, the database management application shall be developed using a relationai
database or spreadsheet software package compatible with the Owners software environment
Moreover, the database management application shall be user-friendly, and provide fleXibility In
retrieval, sorting, querying, and reporting of stored records.
5. PROJECT DELlVERABLES
5.3 Computer System Requirements
The Contractor shall provide the Owner a list of minimum requirements necessary for Cl
computer system to efficiently operate the database management application.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 32
5.4 Database Management Application Installation and Testing
Upon completion of flow monitoring and data storage activities, the Contractor shall install
and test the database management application on the Owner's computer. The database
management application shall include all flow monitoring data collected and entered by the
Contractor.
5.5 Training of Owner Personnel
The Contractor shall provide training in the operation of the database management
application to a maximum of three Owner personnel. At a minimum, this training shall
include procedures for entering/editing records, constructing data queries, and
generating reports.
5.6 Flow Monitoring Report
The Contractor shall provide the Owner with a flow monitoring report presenting the
output of the database management application, along with a brief summary of flow
monitoring activities and methodologies.
H. Sonar inspection
The purpose of sonar inspection is to inspect the pipeline below the flow line. Sonar inspection
will provide accurate debris level as well as identify defects. The system shall require no flow
reduction and will be used in pipes with a minimum of % pipe of water.
A. SONAR SYSTEM REQUIREMENTS (the following, or acceptable equal, will be
provided)
1. System must have an acoustic frequency of 2MHz to properly
profile pipelines of 12 inch through 240 inch diameter.
2. System must have an acoustic beam, which must be less than 1.1
degree to accurately locate defects.
3. The angular resolution of the sonar unit must be less than 1.2
degrees, giving 400 sectors of data per revolution. For each sector
the data shall be over-sampled and peak detected to arrive at 250
range cells. Each scan shall take no longer than 2 seconds to
complete.
4. The sonar unit must be equipped with a pitch and roll sensor with
a 0.1 degrees resolution in analog and digital form that will display
reading through the supplied software.
5. The sonar unit must be able to be remotely operated up to 1,000
LF from the surface equipment.
6. The Sonar Scanner must be able to be remotely operated up to
1000 feet from the surface equipment.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 33
B. SONAR CONTROL UNIT (the following, or acceptable equal, will be provided)
1. The control unit shall consist of a computer system outfitted with
the sonar processing board, various storage systems, output and
input devices, and display as outlined below.
2. Control unit shall have a sonar processor card with a FIFO frame
buffer where the sonar data is digitized, buffered, and sent over
the ISA bus. The processor card must connect to an on-board
internal serial port for serial commands to the sonar Ulllt
3. Control unit must include an encoder processor board to pull data
from an encoder mounted on the cable drum to measure the
distance of the tether
4. A cable distance encoder shall be mounted to measure the length
as it is pulled from the cable drum and rewound onto the drum.
C. SONAR INSPECTION SOFTWARE (the following, or acceptable equal, will be provided)
1. Software must be able to display live data from the sonar scanning
head and display the information as an image using 256 colors tc
designate signal amplitude.
2. Software must be able to capture and save screen images for
archiving, report generation, and performing of measurements
3. An instant report shall be able to be produced and printed with user
defined titling and showing the desired captured still image in fUI!
color. Included on this report shall be the distance count from the
footage encoder on the cable drum and pitch and roll data from the
sonar unit.
4. The software must have real time measurement capabilities. ThiS
shall include point-to-point measurement and diameter measurement
using a circle overlay. Measurements must be able to be printed on
reports.
5. Software shall display both graphically and numerically the pitch and
roll data from the sonar unit.
6. Software shall numerically display distance units from the encoder on
the cable drum.
7. A video overlay shall be provided to simultaneously display video fron'
the CCTV inspection and Sonar data from the Control Unit. The sona:
overlay image shall be able to be adjusted to any size and position on
the CCTV video image, and the combined output shall be recordable
to VCR.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 34
8. A video overlay system shall be provided to simultaneously display
video from the CCTV inspection and Sonar data from the Surface
Control Unit. The Sonar overlay image shall be able to be adjusted to
any size and position on the CCTV video image, and the combined
output shall be recordable to VCR.
D. SONAR INSPECTION QUALITY CONTROL (the following, or acceptable equal, will be
provided)
1. Contractor must have completed a minimum of 10,000 LF of Sonar
inspections
2. Contractor must have a minimum of 6 months actual job
experience
3. Contractor must have a minimum of one (1) Sonar trained
technicians on staff
E. SONAR INSPECTION DELlVERABLES
1. Full detailed reports using either PACP or WRc syntax
2. Summary Reports; Major Defect Summary, Inspection Success
Summary, Profile Reports.
3. Sonar images, High resolution, with free issue viewing software.
Photos, hard copy, JPEGs.
NOTE: Proof of the quality control requirements for section 0 above must be submitted
with the proposal or within 48 hours of request.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures Page 35
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation of the Storm and Sanitary lines and Structures
PART III
PROPOSAL REQUIREMENTS
3-1 RULES FOR PROPOSALS
Proposer shall submit one (1) original and five (5) copies in a clear, concise format, on
8 /'2 " x 11" paper, in English. The proposal shall contain tabbed sets of the information required
herein to be considered for award. Omission of required data may be cause for disqualification.
Any other information thought to be relevant, but not applicable to the enumerated sections
should be provided as an appendix to the proposal. If publications are supplied by a Proposer
to respond to a requirement, the response should include reference to the document number
and page number. Proposals not providing this reference will be considered to have no
reference materials included in the additional documents.
Proposals must be properly signed in ink by the owner/principal having the authority to bind the
firm to this agreement.
The proposal must name all persons or entities interested in the proposal as principals. The
proposal must declare that it is made without collusion with any other person or entity submitting
a proposal pursuant to this RFP.
3-2 SUBMISSION OF PROPOSALS
An original copy (so marked) and five (5) copies to include the following shall be submitted for
a proposing firm to be considered:
1. Title Page. Title page shall provide the request for proposals' subject, the firm's name
the name, address and telephone number of contact person, and the name, address
principal place of business and telephone number of legal entity with whom the contract
is to be written.
2. Table of Contents. The table of contents of the proposal should include a clear and
complete identification of the materials submitted by section and page number.
3. Transmittal Letter. This letter will summarize in a brief and concise manner the Proposer
understands of the work to be performed, the commitment to perform the work within the
anticipated time period, a statement why the firm believes itself to be best qualified to
provide the services, and a statement that the proposal remains in effect for ninety (90!
days. An authorized agent of the Proposer must sign the Letter of Transmittal indicating
the agent's title or authority.
4. Detailed Technical Proposal. The detailed proposal should follow the order set forth '1-
this Request for Proposal.
5. Executed copy of Drug Free Workplace.
6. Statement acknowledging receipt of each addendum issued by the TOWN.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 36
Proposals must be submitted in a sealed envelope/package clearly marked with the name of the
proposing firm and the following: "Request For Proposal - RFP 2008-23 "Cleaning and
Evaluation of Storm and Sanitary Lines and Structures".
3-3 TECHNICAL PROPOSAL
General Requirements - The purpose of the technical proposal is to demonstrate the
qualifications, competence, capacity and methodology of the firms seeking to provide the
services in conformity with the requirements of this Request for Proposal. As such the
substance of proposals will carry more weight than their form or manner of presentation. The
technical proposal should demonstrate the combined qualifications of the firm and of the
particular staff to be assigned to this engagement. It should also specify an approach that will
meet the Request for Proposal requirements.
The technical proposal should address all of the points outlined in the Request for Proposal.
The proposal should be prepared simply and economically, providing a straightforward, concise
description of the proposer's capabilities to satisfy the requirements of the Request for Proposal.
While additional data may be presented, the following subjects must be included.
Section 1: INTRODUCTION LETTER
An introduction letter introducing the Company including the corporate name (if applicable),
address and telephone number of principal office, number of years in business and size of
staff. Include a reproduction of Corporate Charter Registration, if applicable. Indicate the
primary person responsible for this project. Introduction shall be signed by an individual
authorized to bind the firm. Briefly state that the Proposer understands of the work to be
done, and make a positive commitment to perform and complete the project.
Section 2: APPROACH TO THE PROJECT
The proposal shall include a description of the proposed service, with any exhibits or
documentation deemed essential, addressing the following phases of the proposed service:
. Overall approach and methods to achieve a fully functional project
· Describe involvement of Town staff;
· Describe the current work load;
. Methodology intended to implement and accomplish line and structure cleaning and
evaluating of sanitary and storm systems.
· All fees and charges.
Please provide us with information as to:
· New technologies and new processes
. Recommendations to provide additional services, if any
Section 3: PAST EXPERIENCE
The proposal shall include past performance, including the total number of similar
iocations successfully operated. Proposals will only be considered from qualified fiims.
The following information shall be included regarding the Company's experience in line
cleaning, televising and data preparation:
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 37
Provide a list of all customers for which you provided a similar service within the past three
years of the scope and nature of work required by this RFP. These references must include,
as a minimum: name of company, contact person, address, and telephone number.
References shall include the general description of the project, the dates, footage and/or
number of structures and whether time lines were met. Additional experience will be
evaluated.
Letters of Commendations or Recommendation may be included in this section
Section 4: OPERATIONAL INFORMATION
Proposers shall submit the following information as described in the sections below:
A) Proposed staffing levels;
B) Disposal of cleaning debris
C) Proposed storage options
D) Type and length of time for report generation and format
E) Provide resumes of all persons who will be involved in the business and the actual
operations.
F) Provide a listing of the types of equipment that will be used.
Section 5: COST DETAIL
Complete price proposal submittal for any and all services you provide as unit price (in
dollars and cents.) Cleaning, televising, root cutting, smoke testing and CCTV evaluation
will be priced in cost per yard. Structure cleaning, engineering and special reports as well
as by-pass pumping will be charged at cost per hour. Mobilization cost should be added to
consider minimum items and lengths.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 38
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation of the Storm and Sanitary Lines and Structures
PART IV
EVALUATION OF PROPOSALS
4-1 EVALUATION AND AWARD
The Town will select proposals deemed most qualified based on the submittal criteria. The
Selection Committee will rank those Proposers whose proposals are deemed most qualified.
The Town reserves the right to select the proposal which in the opinion and sole discretion of
the Town will be in the best interest of and/or most advantageous to the Town. The Town
reserves the right to waive any irregularities and technicalities and may at its discretion request
re-submittal of proposals.
4-2 SELECTION COMMITTEE - A Selection Committee, consisting of Town personnel, will
convene, review and discuss all proposals submitted. The Purchasing Agent will chair the
committee.
4-3 REVIEW OF PROPOSALS - The Selection Committee will use a point/percentage
formula during the review process to score proposals.
4-4 EVALUATION CRITERIA - The criteria and weights as shown herein shall be utilized in
the evaluation of the proposals. The Selection Committee will evaluate all responsive written
proposals to determine which proposals best meet the needs of the Town, based on the
evaluation criteria. It is expected that a contract will be executed between both parties for the
services as may be necessary. The evaluation criteria will be based on Qualifications and
Experience, Quality of Services, Technical Approach to the Project, New technology and
processes, Operational information, Financial Information and Cost Detail.
4-5 INNOVATIVE CONCEPTS AND RECOMMENDATIONS - Any innovative concepts and
recommendations for expansion of services or to enhance the quality of services to the TOWN
that the Proposer considers pertinent for consideration should be included in the proposal.
4-6 SELECTION - Consultant selection and award of contract shall be done in
accordance with Town policies and procedures. The Selection Committee will evaluate, rank all
qualified proposers, and may prepare a shortlist. Additionally the Committee may receive
presentations and recommend to the Town Council one firm determined to be the most qualified
to provide the services required. The Town will negotiate a contract with the top ranked firm, or
succeeding ranked firm should negotiations fail. Award shall be based on all the information
submitted by the consultant and a thorough review of all references provided based upon
criteria set forth herein.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 39
4-7 ORAL PRESENTATIONS - Upon completion of the evaluation of all written proposals,
the Selection Committee shall determine whether to recommend award to the Proposer with the
highest score, or may invite those firms in the "Competitive Range" to give an oral presentation.
Only those firms with the highest rated scores in accordance with the stated criteria and their
weights will be invited to give oral presentations. The Evaluation Criteria may be changed for
the oral presentations evaluation phase. References and site visits (if completed) shall be
included in the final evaluation criteria, along with other criteria and weights as determined by
the Selection Committee. Additionally, during the oral presentations, the proposers shall include
(but not be limited to) their approach to the project. The proposed Project Manager should be ir
attendance, Finalists will be informed as to the revised criteria prior to their oral presentation
4-8 FINAL SELECTION - The Selection Committee will submit the recommended award to
the highest ranked proposer (with all proposers in ranked order) to the TOWN Council for final
approval. The TOWN will select the firm that meets the best interests of the TOWN. The
TOWN shall be the sole judge of its own best interests, the proposals, and the resulting
negotiated agreement. The TOWN's decisions will be final. Upon Council authorization,
contract negotiations will be initiated with the first ranked firm. If those negotiations are
unsuccessful, the TOWN will formally terminate negotiations with the first ranked firm and will
commence contract negotiations with the next ranked firm, etc. Upon successful contract
negotiations with the prevailing firm, the remaining firms will be notified that the process has
been completed and that they were not selected.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary lines and Structures
Page 40
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation
of the Storm and Sanitary Lines and Structures
PRICE PROPOSAL SUBMITTAL
ITEM UNIT OF UNIT
NO. DESCRIPTION MESSURE PRICE
1 Mobilization - WO less than 10,000 LF per WO
Storm Sewer Pipe
2 Cleaning 8" Storm Sewer Pipe LF
3 Cleaning 10" Storm Sewer Pipe LF
4 Cleaning 12" Storm Sewer Pipe LF
5 Cleaning 15" Storm Sewer Pipe LF
6 Cleaning 18" Storm Sewer Pipe LF
7 Cleaning 21" Storm Sewer Pipe LF
8 Cleaning 24" Storm Sewer Pipe LF
9 Cleaning 30" Storm Sewer Pipe LF
10 Cleaning 36" Storm Sewer Pipe LF
11 Cleaning 42" Storm Sewer Pipe LF
12 Cleaning 48" Storm Sewer Pipe LF
13 Cleaning 54" Storm Sewer Pipe LF
14 Cleaning 60" Storm Sewer Pipe LF
15 Cleaning 66" Storm Sewer Pipe LF
16 Cleaning 72" Storm Sewer Pipe LF
Debris disposal if required by Contractor Cubic Yard
17 CCTV 8" Storm Sewer Pipe LF
18 CCTV 10" Storm Sewer Pipe LF
19 CCTV 12" Storm Sewer Pipe LF
20 CCTV 15" Storm Sewer Pipe LF
21 CCTV 18" Storm Sewer Pipe LF
22 CCTV 21" Storm Sewer Pipe LF
23 CCTV 24" Storm Sewer Pipe LF
24 CCTV 30" Storm Sewer Pipe LF
25 CCTV 36" Storm Sewer Pipe LF
26 CCTV 42" Storm Sewer Pipe LF
27 CCTV 48" Storm Sewer Pipe LF
28 CCTV 54" Storm Sewer Pipe LF
29 CCTV 60" Storm Sewer Pipe LF
COMPANY
DATE
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 41
i ~~
I 38 Sonar 54" Storm Sewer Pipe
39 Sonar 60" Storm Sewer Pipe
40 Sonar 66" Storm Sewer Pipe
41 Sonar 72" Storm Sewer Pipe
i Sanitary Sewer Pipe
I 46 Cleaning 15" Gravity Pipe
47 Cleaning 18" Gravity Pipe
-~---~-----
48 Cleaning 21" Gravity Pipe
49 Cleaning 24" Gravity Pipe
~.-.__.,._._-----~.
I 50 Cleaning 30" Gravity Pipe
- _.__.._,-----_._--~--- -
L-.21 ! Cleaning 36" Gravity Pipe
I 52 I Cleaning 42" Gravity Pipe
I
53 I Cleaning 48" Gravity Pipe
54 i Cleaning 54" Gravity Pipe
~~ Cleaning 60" Gravity Pipe
HH Cleaning 66" Gravity Pipe __~__~ _~_
I 57 : Cleaning 72" Gravity Pipe _~__________
I I Debris disposal if required by Contractor
i 59 i C(TV 6" Gravity Pipe==~_~~-~~-~____~_
60 ~TV 8" Gravity Pipe _ ____~_~___________
61 i C(TV 10" Gravity Pipe
62 r C(TV 12" Gravity Pipe
63 I C(TV 15" Gravity Pipe
64 ! C(TV 18" Gravity Pipe
65 I C(TV 21" Gravity Pipe
66 I C(TV 24" Gravity Pipe
67 i C(TV 30" Gravity Pipe
68 I C(TV 36" Gravity Pipe
69 C(TV 42" Gravity Pipe
10 i CC IV 48" Gravity Pipe
71 i CCTV 54" Gravity Pipe
72 ! CCTV 60" Gravity Pipe
COMPANY
30
31
32
33
34
35
36
37
i C(TV 66" Storm Sewer Pipe
I C(TV 72" Storm Sewer Pipe
i Sonar 21" Storm Sewer Pipe
i Sonar 24" Storm Sewer Pipe
I Sonar 30" Storm Sewer Pipe
I Sonar 36" Storm Sewer Pipe
Sonar 42" Storm Sewer Pipe
Sonar 48" Storm Sewer Pipe
L~
LF
LF
LF
- --~._-----'"
LF
LI
.~---,----._._---_.~--~----------_.__._.._- - ----;--_..._-
!
Ie
~I
!
! Cleaning 6" Gravity Pipe
Cleaning 8" Gravity Pipe
I Cleaning 10" Gravity Pipe
i Cleaning 12" Gravity Pipe
LF
LF
_____-L-_.-F
i u-
-.---------.---....,----------..---....------;--... --.
'-.F
: F
--------..----------t------..::- -
F
.J
iJ
.J
.i
Cubic Yard
DATE
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 42
73 CCTV 66" Gravity Pipe LF
74 CCTV 72" Gravity Pipe LF
75 Sonar 21" Gravity Pipe LF
76 Sonar 24" Gravity Pipe LF
77 Sonar 30" Gravity Pipe LF
78 Sonar 36" Gravity Pipe LF
79 Sonar 42" Gravity Pipe LF
80 Sonar 48" Gravity Pipe LF
81 Sonar 54" Gravity Pipe LF
82 Sonar 60" Gravity Pipe LF
83 Sonar 66" Gravity Pipe LF
84 Sonar 72" Gravity Pipe LF
Additional Services
85 Pump Station, Wet-Well Catch-Basin Cleaning HR
Debris disposal if required by Contractor Cubic Yard
By-Pass PumpinQ
86 4 Inch pump
Setup Each
Maintenance Hour
87 6 Inch Pump
Setup Each
Maintenance Hour
88 8 Inch Pump
Setup Each
Maintenance Hour
89 12 Inch Pump
Setup Each
Maintenance Hour
Root Cuttino
90 Root Cutting 6" Pipe LF
91 Root Cutting 8" Pipe LF
92 Root Cutting 10" Pipe LF
93 Root Cutting 12" Pipe LF
94 Root Cutting 15" Pipe LF
95 Root Cutting 18" Pipe LF
96 Root Cutting 21" Pipe LF
97 Root Cutting 24" Pipe LF
98 Root Cutting 30" Pipe LF
99 Root Cutting 36" Pipe LF
100 Root Cutting 42" Pipe LF
101 Root Cutting 48" Pipe LF
102 Root Cutting 54" Pipe LF
103 Root Cutting 60" Pipe LF
104 Manhole/Structure Inspection EA
COMPANY
DATE
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 43
105
106
-....- -... -." ---" "".., .-,----_.__. . - .------.- -~- --.-- ~-,._._-
,
----1---~~--------- -
107
108
114
115
116
117
118
119
120
121
122
123
I Smoke Testing
I Traffic Control
_ Laterals
Inspection from clean out
Inspection from main
Mechanical cleaning/tuburculation removal
----- ------t--
8"-21" LF
I 24" - 54" ---------------~------L-F--------
Manhole Mapping and Mapping Update ____________ Per Manhole
I Survey Grade GPS _________ _ Per Manhole
Manhole Viewing, Simplified Spreadsheet Report ________ Per Manhole_~___u
Lump Sum i
--~_.----+----, -
-----------------,-----------i----.--
, EA i
-. -.,-.--~-- .--.--.-------- --,-----. -..-.------t--
Ei'\
---..~-._.._-_._-_.._------------'_._._---,--- -----, .--,----.
i Pipe Segment Video Viewing, Diagnosis, Rating, and Ranking
Per pipe
segment
Per pipe
segment
Per foot
per meter week
Pipe Segment Video Viewing, Simplified Spreadsheet Form
Evaluation of Existing CCTV Inspection Tapes
I Wastewater Flow Monitoring
Rainfall Monitoring Meter
Per pipe
segment
"------'-.~-----.-"t-~-------- -..~~---t--~----.
Per pipe
______________seg m ~-"-!__ ~___
Each
Flow Isolation (Weiring)
I Dye Testing
Dye Flooding
Writing Reports
Engineering Services- as needed
Eacr:
'-1R
\~P,
COMPANY
DATE
Acknowledgement is hereby made of the following Addenda received since issuance of
Specifications:
Addendum No. Dated: Addendum No. Dated: ~._._____,_ ._____u_
--_.- ._--~._~
Addendum No. Dated: Addendum No. Dated:
-- ---~.- ~..._---
Addendum No. Dated: Addendum No. Dated: ---'-""'--'~ ~_.,----
"--.--.-
Address:
Name of Proposer's Contact Person: _____________________
Phone Number:
Fax Number:
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 44
The hereby undersigned representative submits this proposal and certifies that they are an
authorized representative of the proposer who may legally bind the proposer:
*SIGNATURE:
Name:
Title:
Printed
Company:
City:
Address:
Legally registered name
State:
Zip:
Telephone No:
Fax No:
Federal 10 No.
*Failure to affix signature may result in disqualification of proposal.
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 45
RFP NO 2008-23
Cleaning and Evaluation
Of
Storm and Sanitary Lines and Structures
PROPOSERS QUAL/FICA TIONS
The Contractor, as a result of this proposal, MUST hold a County and/or Municipal Contractor's
Occupational License in the area of their fixed business location. Each proposer MUST complete the
following information and submit with his/her bid in order for the bid to be considered:
1. Legal Name and Address
Name:
Address:
City, State, Zip:
Phone/Fax:
2. Check One: Corporation II Partnership ( ) Individual I I
3.
If Corporation, state:
Date of Incorporation:
State in which Incorporated:_~._._~_._.._
4. If an out-of-state Corporation, currently authorized to do business in Florida, give date of
such authorization:
5.
Name and Title of Principal Officers
Date Elected:
6. The Vendor's length of time in business: ~___.__. _ ~~.years
7. The Vendor's length of time (continuous) in business as a service organization in Fiorida
years
8. Provide a list of at least five commercial or government references that the proposer nas
supplied services as described herein, during the last twenty-four months.
9. A copy of County and/or Municipal Occupationalllcense(s) held by Vendor
Note: Information requested herein and submitted by the proposers will be analyzed by the Town of Palm
Beach and wiff be a factor considered in awarding any resulting contract. The purpose IS to insure that
the Proposers, in the sole opinion of the Town of Palm Beach, can sufficiently and efficiently perform a!J
the required services in a timely and satisfactory manner as will be required by the subject contract.
there are any terms and/or conditions that are in conflict, the most stringent requirement shall apply
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 46
LIST OF CURRENT & PERTINENT PROFESSIONAL REFERENCE
RFP NO 2008-23
Cleaning and Evaluation
Of
Storm and Sanitary Lines and Structures
The following is a list of at least five (5) current and pertinent professional references that the
Town can contact in relation to Proposer's qualifications, financial stability, and experience.
Failure to furnish this information may be grounds for rejection of the proposal.
1. Name and Address of Firm, City, County, or AQency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
2. Name and Address of Firm, City, County, or Aqencv Scope of Work:
Date(s):
, Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
3. Name and Address of Firm, City, County, or AQencv Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
4. Name and Address of Firm, City, County, or Aqencv Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
5. Name and Address of Firm, City, County, or Agency Scope of Work:
Date(s):
Amount:
Contact:
Telephone No:
For Town Use Only: Comments:
Reference Verified: Yes No
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 47
RFP NO 2008-23
Cleaning and Evaluation
Of
Storm and Sanitary Lines and Structures
DRUG-FREE WORK PLACE CERTIFICATION
Whenever two (2) or more bids/proposals, which are equal with respect to price, quality, and
service, are received by the Town of Palm Beach for the procurement of commodities or
contractual services, a bid/proposal received from a business that certifies that it has
implemented a drug-free workplace program shall be given preference in the award process. In
order to have a drug-free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of controlled substances is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation.
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in number (1)
4. In the statement specified in number (1), notify the employees that as a condition for
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction on or
plea of guilty or nolo contendre to any violation of Chapter 893, Florida Statutes or of any
controlled substance law of the United States or any singular state, for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community by any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace througr,
implementation of Section 287.087, Florida Statutes.
This Certification is submitted by
the
(Individual's Name)
of
(Title/Position with CompanyNendor)
(Name of CompanyNendor)
Who does hereby certify that said Company/Vendor has implemented a drug-free workplaCE:
program, which meets the requirements of Section 287087 Florida Statutes. which are
identified in numbers (1) through (6) above.
Date
Signature
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 48
TOWN OF PALM BEACH
RFP NO 2008-23
Cleaning and Evaluation
Of
Storm and Sanitary Lines and Structures
JOINT BIDDING, COOPERATIVE PURCHASING FORM
PURCHASING AGREEMENT WITH OTHER GOVERNMENT AGENCIES
This Certification submitted by
(Individual's Name)
The cl
(Title/Position with Vendor/Contractor) (Name of CompanyNendor)
Who does hereby certify that the proposal(s) submitted in response to the Town of Palm Beach
RFP No. 2008-23 for Cleaning and Evaluation of the Storm and Sanitary lines and Structures for
Town of Palm Beach shall constitute a proposal to any Political Subdivision of the State of
Florida under the same conditions, for the same prices and the same effective period as this
proposal, unless specifically declined below. This joint proposal is submitted with the
understanding that it in no way restricts or interferes with the right of any Political Subdivision of
the State of Florida to re-bid any or all items.
Bidder accepts this condition
Bidder does not accept this condition
Signature
Address
City/State/Zip
Telephone Number
State of Florida, County of
Before me this day personally appeared , who, being
duly sworn deposes and states that the foregoing is a true and correct certification as
presented.
Witness my hand and official seal, this
day of
, 2008 A.D.
My commission expires
Notary Public State of Florida
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 49
TOWN OF PALM BEACH
LIST OF PROPOSED SUBCONTRACTORS
RFP NO. 2008-23
Cleaning and Evaluation
Of
Storm and Sanitary Lines and Structures
The undersigned Proposer hereby designates, as follows, all major subcontractors whom he/she
proposes to utilize for the major areas of work for the project. The bidder is further notified that all
subcontractors shall be properly licensed, bondable and shall be required to furnish the Town with a
Certificate of Insurance in accordance with the contract general conditions. Failure to furnish thiS
information shall be grounds for rejection of the bidder's proposal. (If no subcontractors are proposed
state "None" on first line below.)
Name and Address of Subcontractor
Scope of Work
License #
I
11
I
t----- --------
-----1------------__ _____
----------------~---.- - ---~---._r___-.-----,- --...---.-..- - .""
12
I
-----.i-~-------'-..,-----~----.--'-.-------'----:
----r------;------ -----------------,
---~--------- ------ -------------i--------------------------------~
I
- ---j--------------------
--+- -------
~~ -----
I
14.
I
L
I~~---
~------
I
_._--------_._~.-
i
-~------_.....----_.---_._. "_._. -
i
I
----_..~,_._._._--~-~-_....,_.-
--~- -- ---.-.- --. -" -----'.-,,,'.',,
,
___.___.___..0__1__ _~_~_.__._ _____.
-:-~=+-====-=-
Signature and Date __
Title/Company __
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 50
EVALUATION CRITERIA
RFP NO 2008-23
Cleaning and Evaluation of
Storm and Sanitary Sewer Lines and Structures
,
Criteria Weight
,
Qualifications and Experience I Ability of Professional Personnel I Financial
. Expertise of human resources 25%
. Qualifications & experience of the firm, & its sub-contractors/suppliers relevant to the
Scope of Work
. Availability of qualified personnel
. Availability of Equipment
. Ability to meet set standards
. Previous contracting experience with the Town and other governmental agencies
. Financial resources and capabilities/financial statement certified by a CPA
. Annual Report submitted and determined adequate by Town
. Evidence of insurance and/or bonding capacity
Quality of Services
. Conveyance of a willingness to work with Town staff to maximize resources 25%
. The ability to satisfactorily convey, via the completeness and responsiveness of their
Proposal, a depth of understanding of the Scope of Work and the firm's capacity to
accomplish it successfully
. High quality level of services to be provided to Town
Technical Approach to the Project I Scope of Work 25%
. Understanding of Town needs
. Approach to the Project and Methodology
. Technical Soundness of the proposal
. Applicability of the services offered
. Meeting the Town's operational requirements
Fee
. Pricing Structure 20%
. Fee Schedule work sheet
. Any other Costs
Other 5%
. Overall completeness, clarity and quality of proposal
. Location of firm
. Time frames and delivery dates / Project Schedule
. Volume of Work in process
RFP NO 2008-23 - Cleaning and Evaluation of Storm and Sanitary Lines and Structures
Page 51
EXHIBIT C
PRICE LIST OF SERVICES FOR CITY OF BOYNTON BEACH
Page 7
" \Ci\\AGMTS \Plggybaek ,;\ lit-UtIlities ).doe
I and I Program Phase V
HALF HALF
TOTAL TOTAL TOTAL LIGHT HEAVY TOTAL TOTAL HEAVY MH
LS DIAMETER FOOTAGE CCTV TOTAL CCTV LIGHT CLEAN FOOTAGE CLEAN CLEAN FOOTAGE CLEAN MH GPS INSPECTION TOTAL PRICE PER BASIN
317 8" 9023 $1.25 $11,278.75 $1.25 4511.5 $5,639.38 $2.50 4511.5 $11,278.75 $28,196.88
10" 1078 $1.25 $1,347.50 $1.25 539.0 $673.75 $2.50 539.0 $1,347.50 $3.368.75
12" 1254 $1.25 $1,567.50 $1.50 627.0 $940.50 $3.50 627.0 $2,194.50 $4,702.50
15" 696 $1.25 $870.00 $1.50 348.0 $522.00 $3.50 348.0 $1,218.00 $2,610.00
MH 48 $1,680.00 $2,880.00 $4.560.00
FOOTAGE 12051 $43,438.13
501 8" 3480 $1.25 $4,350.00 $1.25 1740.0 $2,175.00 $2.50 1740.0 $4,350.00 $10,875.00
10" 489 $1.25 $611.25 $1.25 244.5 $305.63 $2.50 244.5 $611.25 $1,528.13
MH 16 $560.00 $960.00 $1,520.00
FOOTAGE 3969 $13,923.13
502 8" 10873 $1.25 $13,591.25 $1.25 5436.5 $6,795.63 $2.50 5436.5 $13,591.25 $33,978.13
12" 1062 $1.25 $1,327.50 $1.50 531.0 $796.50 $3.50 531.0 $1,858.50 $3,982.50
MH 48 $1,680.00 $2,880.00 $4,560.00
FOOTAGE 11935 $42,520.63
503 8" 8362 $1.25 $10,452.50 $1.25 4181.0 $5.226.25 $2.50 4181.0 $10,452.50 $26,131.25
MH 33 $1,155.00 $1,980.00 $3,135.00
FOOTAGE 8362 $29,266.25
504 8" 2992 $1.25 $3.740.00 $1.25 1496.0 $1 ,870.00 $2.50 1496.0 $3,740.00 $9,350.00
MH 12 $420.00 $720.00 $1.140.00
FOOTAGE 2992 $10,490.00
505 8" 2286 $1.25 $2,857.50 $1.25 1143.0 $1,428.75 $2.50 1143.0 $2,857.50 $7.143.75
MH 9 $315.00 $540.00 $855.00
FOOTAGE 2286 $7,998.75
506 8" 1689 $1.25 $2,111.25 $1.25 844.5 $1.055.63 $2.50 844.5 $2,111.25 $5,278.13
MH 7 $245.00 $420.00 $665.00
FOOTAGE 1689 $5,943.13
507 8" 7379 $1.25 $9,223.75 $1.25 3689.5 $4.611.88 $2.50 3689.5 $9,223.75 $23,059.38
MH 30 $1,050.00 $1,800.00 $2,850.00
FOOTAGE 7379 $25,909.38
513 8" 2085 $1.25 $2,606.25 $1.25 1042.5 $1,303.13 $2.50 1042.5 $2,606.25 $6,515.63
MH 8 $280.00 $480.00 $760.00
FOOTAGE 2085 $7,275.63
516 8" 8368 $1.25 $10,460.00 $1.25 4184.0 $5,230.00 $2.50 4184.0 $10,460.00 $26,150.00
10" 197 $1.25 $246.25 $1.25 98.5 $123.13 $2.50 98.5 $246.25 $615.63
MH 34 $1,190.00 $2,040.00 $3,230.00
Page 1 of 4
I 517
!-~
~
I and I Pror "'1 Phase V
l=~.._-~
- -+--
520
FOG --=-1-- 8565_---l -~T- ~-~ . T:
8" \ 1309~ i., s1ci(;Z,iii, ')1 Ie. _ ;,,,,.1(1, t Sij~:~,u\ ,pz,( 1 fif'4r:+ $lhit,5'1i t- .
;,;-~,~~~t ~,::,,] .. : ! ... 'l \i'"'' "" I
8" ._ 55ici __. $1 -'f. j $6.9l:;2-c,11 ;: -ISG C tl $uJ 481 ", ~ S: "'I I ;(8~,' I $(),I)h2! :
MH 22 '.-i.'. $-.3-3~.2-0--0~. =---$ .~1-~ '_2,.-n8-~3-(~)~~.~ ~ - - ;-1~0=3--7f-) i= $~2 5-0 -l" . "3-~0~~~,.. +.'.
FOO~,AG",'::- ,Teo t- ..-; -. .... t - " - + _$2",~+$I"'06~fl=$i3"'~f
~~ 3~~3 __ $'U" $4.53~7;; .~~.$T2"'i8i1;--i__B2G4.?E~~~-$2 5~- -- 181i'i T ~~52~7"'--I_1i~ii~Ci ~;~~~II~-=t=-
FOOTAGE 3789..1
'" _ H3<O '--,w -e' $2~,;;'50':l - .::=:E-
10" ~u ..._1554 .~- ~125 $194250 $125 - 777 0 $1.942.50_~-_ - --e --~-..--
FO~~G~- .:~~~:.-~= .~ ::~~~~~o t ~;:~ = ~:::~> - ~:~,~;J-::~- I-::!~ ~ :$"$.';600):~8.:70:50_~. $28""o._=.,~,.~..:5..'~~~ ~~
~o; - . -:::__ 51" + _seDe,,'_ ..::!,IC~-'13 c__~O,,":- ~$'C~_ ,,,eo J-- ,E-,""5_~~JJ.~~=-.=_u
FOO:,AG'_ '::: _ - f';"~5~ -~- ;; ,,= ='0'3 o:==: ,,;~ -. $200 .~.. ='0330 ... = . ";;';0-- _-.: - -
FO~:AGE ~_ 6~:6 __ __ __+_ ~______----u-.- _~_ ____~_____~~___~..__ --- --- .~- -- ~~U__~ --, _~40 00____ $1,440~00
1--.. __~__ ~._ - -~-~---~ __u_~___ -,---~---~~--~~-----~ -~.---~~-------~--- --~ ~-- -----------~-
-6"-_:, 102__~$206-~l=- -$20400-- :==:-$125:=_~ ~6'- $63.75 .-- ~---51~U-- $127.50--- -- ------=~---~=~--
8" 17369 _JL25~__-. $21.711.2~___~_ ~ $125___~~6845 $10,855.63 $250~___86~4~ ___$21.71125 -- ____n--~
FO~:AGE- 1 :~71-- _-~ ____= =-=..-:_~-==~_-=~:= ~_::_____ _____._ ~__~_=~-=---~-~---- ____:~__=====~= =_$4.200.00
M8H" __ - 933756--- --~$13~~-= _ ~ $11,69500- $1 ~25 ._-f--- <l678.D $5,84750 $2~50'- __ _.:16780 $11.695.0D ..--'
$1,295,00 $2,220.00
FOOTAGE 9356 --- ----------
,~-,..
~~,--- .~"n_
601
602
615
701
707
709
"-----
8" -- 26095 $1.25 $32,618,75
710
10" 1968 $1.25 $2,460~00
---- MH 112
----- FOOTAGE 28063
13047.5
984,0
$32,618~75
$2,460~00
$6,720.00
$2.50
$2~50
$16,309,38
$1,230.00
13047 5
984.0
$1.25
$1.25
$3,92000
712
8"
j-a;; ~~..
7295 $1.25 $9,118.75 $1.25 3647.5
479ff,--~~_ $1.25=--=~-$5~50'--~Ji25__ ~~3990
$4,559.38
$2,998.75
$2.50
$2.50
3647.5 $9,118,75
_~_ 2399 0 __~__ $5,997_~- ~ _
Page 2 of 4
63 ==~~-l
$40,91250
$4,94000
$45,852.50
-$17,406,;'"
$2,090.00
$19,496,25
~ --$643.25-----
$11,321,88
$1,330.00
$13,295.13
$54,206.25
$4,856.25
$4,440,00
$1,091,25
$7,790.00
$72,383.75
$44,287.50
-- $1,521.88
$5,605.00
$51,414.38
$18,956,25
$2,280.00
$21,236.25
$395.25
$54,278.13
$6,650.00
$61,323.38
$29,237.50
$3,515.00
$32,752.50
$81,546.88
$6,150.00
$10,640.00
$98,336.88
$22,796.88
$14,993,75
---,
=:J
.-'----i
\
--j
-,"--1
j
1
-1
----i
I
i
--1
I
__J
I and I Program Phase V
12" 573 $1.25 $716.25 $1.50 286.5 $429.75 $3.50 286.5 $1,002.75 $2.148.75
MH 51 $1.785.00 $3,060.00 $4,845.00
FOOTAGE 12666 $44,784.38
715 8" 4982 $1.25 $6,227.50 $1.25 2491.0 $3,113.75 $2.50 2491.0 $6.227.50 $15.568.75
MH 20 $700.00 $1,200.00 $1,900.00
FOOTAGE 4982 $17,468.75
801 8" 31687 $1.25 $39,608.75 $1.25 15843.5 $19.804.38 $2.50 15843.5 $39,608.75 $99.021.88
10" 2738 $1.25 $3,422.50 $1.25 1369.0 $1,711.25 $2.50 1369.0 $3,422.50 $8.556.25
12" 205 $1.25 $256.25 $1.50 102.5 $153.75 $3.50 102.5 $358.75 $768.75
15" 74 $1.25 $92.50 $1.50 37.0 $55.50 $3.50 37.0 $129.50 $277.50
18" 1622 $1.75 $2.838.50 $2.00 811.0 $1,622.00 $4.00 811.0 $3,244.00 $7,704.50
21" 865 $1.75 $1,513.75 $2.00 432.5 $865.00 $4.00 432.5 $1,730.00 $4.108.75
MH 148 $5,180.00 $8.880.00 $14,060.00
FOOTAGE 37191 $134,497.63
802 8" 13607 $1.25 $17.008.75 $1.25 6803.5 $8,504.38 $2.50 6803.5 $17,008.75 $42,521.88
12" 1409 $1.25 $1,761.25 $1.50 704.5 $1,056.75 $3.50 704.5 $2,465.75 $5.283.75
MH 60 $2,100.00 $3.600.00 $5,700.00
FOOTAGE 15016 $53,505.63
804 8" 474 $1.25 $592.50 $1.25 237.0 $296.25 $2.50 237.0 $592.50 $1,481.25
MH 2 $70.00 $120.00 $190.00
FOOTAGE 474 $1,671.25
805 8" 14383 $1.25 $17.978.75 $1.25 7191.5 $8.989.38 $2.50 7191.5 $17.978.75 $44,946.88
MH 58 $2,030.00 $3,480.00 $5.510.00
FOOTAGE 14383 $50,456.88
808 8" 3455 $1.25 $4,318.75 $1.25 1727.5 $2,159.38 $2.50 1727.5 $4,318.75 $10,796.88
MH 14 $490.00 $840.00 $1,330.00
FOOTAGE 3455 $12,126.88
809 8" 7637 $1.25 $9,546.25 $1.25 3818.5 $4.773.13 $2.50 3818.5 $9.546.25 $23.865.63
MH 31 $1.085.00 $1,860.00 $2,945.00
FOOTAGE 7637 $26,810.63
810 8" 1706 $1.25 $2.132.50 $1.25 853.0 $1.066.25 $2.50 853.0 $2,132.50 $5.331.25
MH 7 $245.00 $420.00 $665.00
FOOTAGE 1706 $5,996.25
811 8" 7255 $1.25 $9.068.75 $1.25 3627.5 $4,534.38 $2.50 3627.5 $9.068.75 $22,671.88
10" 79 $1.25 $98.75 $1.25 39.5 $49.38 $2.50 39.5 $98.75 $246.88
MH 29 $1,015.00 $1.740.00 $2,755.00
FOOTAGE 7334 $25,673.75
Page 3 of 4
~~~~t.6.i~GE1'- :~~: ... j
L..~~.
\
L..
8'"
10"
MH
FOOTAGE
8"
....Mji..
i="OOTAGE .
903
8"
~W
MH
"-FOOTAGE
904
8"
MH
FOOTAGE
905
8"
10"
MH
FOOTAGE
906
~ 7'
MH
FOOTAGE'
908
8"
MH
FOOTAGE
911
8"
MH
FOOTAGE
.'090~ ~ i /:
846 S 1 '~'~
87
-21751
6727$1/';
-r7"
"672i'
12085 ....
-'12~~25'+
2369- .. -'$1 .25
"----:;0--
2369'
252i
"20'
10
.. 2547 '
9231'
37
. 9231
. 1389'"
6
1389 -'
8373
33
8373
3 .I",
'$12f,
$1.2~
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t.
J
1
I
J
t
L
1
j
SG U~jj
.") 1 j;l
$8:40"" -t " '5
I'
~..
$15,10625'- t' 11.25'
$50.00 .-- $1 2~) ..
$1.25
-. $1.25
$2,961-:-25
- $3, 158,7S
- $25.00'
"$1.2:' .
$1:25'
~41j~~)
I and I Pror '1 Phase V
\U45L>
4L3 il
1363 ~)
:)042:0
"20:0'-
.25
$4,20438
$7,55313
$25 00
-$1'1,53875 ." '-"$1i5--
46155 $5,769.38
---- -------.----
$1 25
..~~,73625 . ...
. 694 5
- ---'-- ~-_.._---_.__.- -.---.-------
4186.5
$1.25
$10,466.25 $1.25
~ ---.-.--..---..-- -~"------
$'2':50
, -$2.50
'mo
$2.50
'$250
\J45/ :
~:!3 I'
"8" t$~'O'"
60425 J. $15,10625
-260 -- $50.00 .
.:~~ :==f:
12635._1.
100
1184.5 .. $2,961.25'
$3,158,75---
$2500
'$250'" .. 46155--
$11,538.75
. $868 ~:,,-r~.~~50'- - 694::.:"
. $1,73625
---
$5,233.13
Page 4 of 4
." $2.50 - -'4186.5'
$10,466.25
Project Total
'$945 OU "$-i,62MO-
$1,71500 '$2,940.00
.. $350.0rj-- $60000
- $35ifou- - $600:00'
$1,295.UO
$210.00- - $360.00
$1 , 155 00
1=
$2,220 00
$1,98000
$1 .i8
$l,bUJ.OO
$16,889.38
~'i'
. $2,643.75
$8,265.00'
$76,236.88
$21,021.88
$2,565.00
$23,586.88
$37,765.63
$125.00
$4,655.00
$42,545.63
$7,403.13
$950.00
$8,353.13
$7,896.88
$62.50
$950.00
$8,909.38
$28,846,88
$3,515.00
$32,361.88
$4,340,63
$570.00
$4,910.63
$26,165.63
$3,135.00
$29,300.63
_=1
'-,
'-1
]
J
-:1
,
-- .ii
\
!
--1
c
$1,248,938.00
--~ ,..'
1,184:; ~1,48063__
--- --- --~ ---
1263'S''- - $1,57938 "
-'100-- .. $12.50't
VI.-CONSENT AGENDA
ITEM 8.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's {
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16, 2009
0 Jul
~ Jul Jul
0 st 4, 2009 Jul
N
N
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM C8J Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to multi-award by manufacturer with primary, secondary,
third, and some fourth place vendors, for the "ANNUAL PARTS/SUPPLIES FOR LARGE
TRUCKS AND MISCELLANEOUS EQUIPMENT", BID#047-1412-09/MFD. This year's
expenditure will be: $120,000.00
CONTRACT PERIOD: JULY 22, 2009 TO JULY 21, 2010
EXPLANATION: On May 27, 2009, Warehouse Dept. opened and tabulated nine (9) proposals
for the referenced bid. It is recommended to award this bid to all proposers as primary,
secondary, third and fourth vendors, see attached tabulation sheets. The evaluation factors used
in determining the award, based on price, delivery time, and warehouse processing time, along
with their "percentage off list" discount as proposed in their bid.
The provisions of this bid will allow for a one (1) year extension at the same terms, conditions and
prices subject to vendor acceptance, satisfactory performance and determination that the renewal
is in the best interest of the City.
PROGRAM IMPACT: The purpose of this bid is to secure a source of supply for various parts
and supplies for the City's fleet of large trucks and miscellaneous equipment comprised of various
manufacturers. These parts/supplies are Warehouse stock/supply items to be ordered on an "AS
NEEDED BASIS".
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
[',\"":2,"
, '
tT> \. p:
0\ .'. /V
.~ cA.
~ON ~
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: INVENTORY ACCOUNT:
502-00-141-01-0
ESTIMATED ANNUAL EXPENDITURE:
$120,000.00
ALTERNATIVES: Order directly from the vendor on an "As Needed Basis'\ therefore delaying
the repairs of our Fleet.
Last Years Expenditure: $110,000.00
~~lil::1k
Department Head's Signature
!
~' ,
, " ,
. . .
,
<Ii",
.,/ , . ./v'--. ,-~.'- \..,' 'c~~" '... -. '
./ /City Manager's Signature
~~
C: Michael Dauta - Warehouse Manager
File
S \RULLETIN\FORMS\ACiENDA ITEM REQUEST FORM DOC
***** THE LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDERS WHO MET ALL SPECIFICATIONS*****
ca(1~~ c~~L~ Age:t
.---
Manager
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26,2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any. are hereby rejected as late"
Bennett Auto Supply
3141 SW 10th Street
Pompano Beach, FL 33069
Contact: Ron Tomich
Phone (954) 335-8700
Fax 954 563-6253
General GMC Truck Sales & Service
360 South Military Trail
West Palm Beach, FL. 33415
Contact: Ron Chandler
Phone (561) 686-8906
Fax 561 697-8429
Florida Brake & Truck Parts
1460-53 Street
West Palm Beach
Contact: J.J. Mirucki
Phone (561)845-7007
Fax 561) 845-7011
MISCELLANEOUS HEAVY DUTY NON RESPONSIVE NO BID
EQUIPMENT
MACK HEAVY DUTY TRUCKS NON RESPONSIVE NO BID
FORD HEAVY DUTY TRUCKS NON RESPONSIVE NOBID
STERLING HEAVY DUTY TRUCKS NON RESPONSIVE NO BID
VOLVO HEAVY DUTY TRUCKS NON RESPONSIVE NO BID
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
NON RESPONSIVE
NON RESPONSIVE
FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
Sheet 1
Large Trucks 2009
Page 1
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26,2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time,
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
Bennett Auto Supply
3141 SW 10th Street
Pompano Beach, FL 33069
Contact: Ron Tomich
Phone (954) 335-8700
Fax 954 563-6253
General GMC Truck Sales & Service
360 South Military Trail
West Palm Beach, FL. 33415
Contact: Ron Chandler
Phone (561) 686-8906
Fax (561) 697-8429
NON RESPONSIVE
Florida Brake & Truck Parts"-l
1460-53 Street
West Palm Beach
Contact: J.J. Mirucki
Phone (561) 845-7007
Fax (561) 845-7011
NON RESPONSIVE
STERLING HEAVY DUTY TRUCKS
VOLVO HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
MISCELLANEOUS HEAVY DUTY NON RESPONSIVE NON RESPONSIVE
EQUIPMENT
MACK HEAVY DUTY TRUCKS NON RESPONSIVE NON RESPONSIVE
FORD HEAVY DUTY TRUCKS NON RESPONSIVE NON RESPONSIVE
I
ISTERLlNG HEAVY DUTY TRUCKS NON RESPONSIVE NON RESPONSIVE
!VOLVO HEAVY DUTY TRUCKS NON RESPONSIVE NON RESPONSIVE
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
NON RESF'ONSIVE
NON RESPONSIVE
m1
J
,FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
SheP.t 1
I_arge Trr .~l{s 2009
r:lage ~'
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26,2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
STERLING HEAVY DUTY TRUCKS
VOLVO HEAVY DUTY TRUCKS
ANTI-KICKBACK AFFIDAVIT SUBMITTED
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED
CONFIRMATION OF A DRUG - FREE
WORKPLACE SUBMITTED
ADDENDUM # 1 SIGNED
COMMENTS
Sheet 1
"Offers from the vendors listed herein are the only offers
received timely as of the above receiVing date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
Bennett Auto Supply
3141 SW 10th Street
Pompano Beach, FL 33069
Contact: Ron Tomich
Phone (954) 335-8700
Fax 954 563-6253
General GMC Truck Sales & Service
360 South Military Trail
West Palm Beach, Fl. 33415
Contact: Ron Chandler
Phone (561) 686-8906
Fax (561 697-8429
NON RESPONSIVE
NON RESPONSIVE
YES
YES
YES
NOT A MINORITY OWNED
BUSINESS
YES
YES
NOT A MINORITY OWNED
BUSINESS
YES
YES
NO
Non responsive because instead of
placing percentage off jobber list
they placed a cost plus off the
dealer cost
Large Trucks 2009
Florida Brake & Truck Parts
1460-53 Street
West Palm Beach
Contact: J.J. Mirucki
Phone (561) 845-7007
Fax 561 845-7011
NON RESPONSIVE
NON RESPONSIVE
YES
YES
NOT A MINORITY OWNED
BUSINESS
YES
NO
Non responsive because instead of
placing percentage off jobber list
they wrote down "see attached
governmental pricing discount" and
there was nothing attached to the
ro osals.
Page 3
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26, 2009
BID DUE TIME: 5:00 P.M.
BID #: 047-14~12-09/MFD
VENDORS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and lime.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
*
Palm Truck Centers
2253 Vista Pkwy #7
West Palm Beach, FL. 33411
Contact: Frank Helfrich
Phone (561) 478-4078
Fax (561 478-4898
Malouff Industries
PO Box 243686
Boynton Beach, FL. 33424
Contact: David Malouff
Phone (561) 706-4600
Fax (not available)
Palm Beach Spring Company
, 324 Sunshine Rd.
West Palm Beach, FL. 33411
Contact: Marc Gold
Phone (561) 798-8900
Fax 561 798-3368
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
STERLING HEAVY DUTY TRUCKS
NON RESPONSIVE
VOLVO HEAVY DUTY TRUCKS
NON RESPONSIVE
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
,:;ill::,ef,
i drop- Twr'ks 2009
f')age I
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26, 2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
STERLING HEAVY DUTY TRUCKS
Malouff Industries
PO Box 243686
Boynton Beach, FL. 33424
Contact: David Malouff
Phone (561) 706-4600
Fax not available)
NON RESPONSIVE
Palm Beach Spring Company
324 Sunshine Rd.
West Palm Beach, FL. 33411
Contact: Marc Gold
Phone (561) 798-8900
Fax 561 798-3368
Palm Truck Centers
2253 Vista Pkwy #7
West Palm Beach, FL. 33411
Contact: Frank Helfrich
Phone (561)478-4078
Fax 561 478-4898
VOLVO HEAVY DUTY TRUCKS
NON RESPONSIVE
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
STERLING HEAVY DUTY TRUCKS
NON RESPONSIVE
VOLVO HEAVY DUTY TRUCKS
NON RESPONSIVE
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
Sheet 2
Large Trucks 2009
Page 2
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26,2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
STERLING HEAVY DUTY TRUCKS
VOLVO HEAVY DUTY TRUCKS
ANTI-KICKBACK AFFIDAVIT SUBMITTED
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITIED
CONFIRMATION OF A DRUG - FREE
WORKPLACE SUBMITIED
ADDENDUM # 1 SIGNED
COMMENTS
(~iW8t
Malouff Industries
PO Box 243686
Boynton Beach, FL. 33424
Contact: David Malouff
Phone (561) 706-4600
Fax (not available)
NON RESPONSIVE
NON RESPONSIVE
YES
YES
NOT A MINORITY OWNED
BUSINESS
YES
NO
Non repsonsive because instead
of placing a percentage off
jobber list they submitted fixed
pricing on specific items
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
Palm Beach Spring Company
324 Sunshine Rd.
West Palm Beach, FL. 33411
Contact: Marc Gold
Phone (561) 798-8900
Fax 561 798-3368
Palm Truck Centers
2253 Vista Pkwy #7
West Palm Beach, FL. 33411
Contact: Frank Helfrich
Phone (561) 478-4078
Fax 561 478-4898
YES
NOT A MINORITY OWNED
BUSINESS
YES
YES
YES
YES
NO
I
.J
lar~J8 T rur.ks 2009
Pa~Jl:' :\
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26,2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
Reliable Transmission Service
PO Box 377
Brandon, FL. 33509-0377
Contact: Terry Hess
Phone (813) 677-8883
Fax 813 677-2800
Vehicle Maintenance Program
3595 N. Dixie Hwy, Bay # 7
Boca Raton, FL. 33431
Contact: Barry Friedman
Phone (561) 362-6080
Fax 561 362-7994
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NOBID
NO BID
NO BID
NO BID
FORD HEAVY DUTY TRUCKS
NO BID
NOBID
STERLING HEAVY DUTY TRUCKS
NOBID
NO BID
VOLVO HEAVY DUTY TRUCKS
NO BID
NO BID
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NO BID
NO BID
NO BID
NO BID
FORD HEAVY DUTY TRUCKS
NO BID
NOBID
Sheet 3
Large Trucks 2009
Page 1
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26, 2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
STERLING HEAVY DUTY TRUCKS
Reliable Transmission Service
PO Box 377
Brandon, FL. 33509-0377
Contact: Terry Hess
Phone (813) 677-8883
Fax (813) 677-2800
NO BID
Total Truck Parts
6545 Wallis Road
West Palm Beach, FL. 33413
Contact: Marc Karon
Phone (561)684-3332
Fax 561 684-0611
Vehicle Maintenance Program
3595 N. Dixie Hwy, Bay # 7
Boca Raton, FL. 33431
Contact: Barry Friedman
Phone (561)362-6080
Fax (561) 362-7994
NOBID
VOLVO HEAVY DUTY TRUCKS
NO BID
NO BID
MISCELLANEOUS HEAVY DUTY NO BID NOBID
EQUIPMENT
MACK HEAVY DUTY TRUCKS NOBID NOBID
~.- .... ._.".,~...... - ,_.~- '__^.m" .._'__.~._.. --
FORD HEAVY DUTY TRUCKS NO BID NO BID
STERLING HEAVY DUTY TRUCKS NO BID NO BID
VOLVO HEAVY DUTY TRUCKS NO BID NO BID
MISCELLANEOUS HEAVY DUTY
EQUIPMENT
MACK HEAVY DUTY TRUCKS
NON RESPONSIVE
NON RESPONSIVE
FORD HEAVY DUTY TRUCKS
NON RESPONSIVE
:';!lPPt '';
;~nl" Tnlf'ks 2009
[')8g0 .',
ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT
BID DUE DATE: MAY 26,2009
BID DUE TIME: 5:00 P.M.
BID #: 047-1412-09/MFD
VENDORS:
STERLING HEAVY DUTY TRUCKS
VOLVO HEAVY DUTY TRUCKS
ANTI-KICKBACK AFFIDAVIT SUBMITTED
CONFIRMATION OF MINORITY
OWNED BUSINESS SUBMITTED
CONFIRMATION OF A DRUG - FREE
WORKPLACE SUBMITTED
ADDENDUM # 1 SIGNED
COMMENTS
Sheet 3
Reliable Transmission Service
PO Box 377
Brandon, FL. 33509-0377
Contact: Terry Hess
Phone (813) 677-8883
Fax 813 677-2800
NON RESPONSIVE
NON RESPONSIVE
YES
YES
NOT A MINORITY OWNED
BUSINESS
YES
YES
Non responsive because instead
of placing a percentage off of
jobber list they placed a
percentage off of retail and
catalog price
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
Total Truck Parts
6545 Wallis Road
West Palm Beach, FL. 33413
Contact: Marc Karon
Phone (561) 684-3332
Fax 561 684-0611
Vehicle Maintenance Program
3595 N. Dixie Hwy, Bay # 7
Boca Raton, FL. 33431
Contact: Barry Friedman
Phone (561) 362-6080
Fax 561 362-7994
YES
NOT A MINORITY OWNED
BUSINESS
YES
YES
YES I MINORITY OWNED
BUSINESS
YES
NO
YES
Only responsive on the following:
litterfuse - Less than 38%
Fram - Less than 54%
Non responsive on remainder
because the placed % off list and
not off of jobber list
Large Trucks 2009
Page 3
The City of
Boynton Beach
TO:
Finance Department
WAREHOUSE DIVISION
Carol Doppler, Purchasing Agent
FROM:
Michael Dauta, Warehouse Manager
DA TE:
June 2,2009
SUBJECT: Annual Parts/Supplies for Large Trucks and Miscellaneous
Equipment Bid # 047-1412-09/MFD
Please go to commission to approve this bid. The evaluating factors used were
price, availability, delivery time and warehouse processing time. My recommendation is
a multi award by vendor with primary, secondary, third and some fourth vendors.
Some vendors did not sign Addendum # 1. I will not rule this out as non
responsive. The addendum was for scope of work inputted into DemandStar. The scope
of work is included in the hard copy of the bid. Please see tabulation sheet for those
vendors that did not submit the addendum.
Last year's expenditures totaled $110,000. This year's estimated expenditures wi II
be $120,000.
En2ine Parts
GMC
Miscellaneous
Heavy Equipment
Primary
Secondary
Secondary
Third
Primary
Secondary
Secondary
Third
Total Truck Parts
Palm Beach Spring
Palm Truck Center
Bennett Auto Supply
42.5% off Jobber
20% off Jobber
20% off Jobber
14% - 20% off Jobber
Total Truck Parts
Palm Beach Spring
Palm Truck Center
Bennett Auto Supply
42.5% off Jobber
20% off Jobber
20% off Jobber
14% - 20% off Jobber
Mack Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Ford Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Sterling Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Volvo Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Brake Systems
GMC Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Miscellaneous Primary Total Truck Parts 42.5% off Jobber
Heavy Equipment Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Mack Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Ford Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Thi rd Bennett Auto Supply 14% - 20% off Jobber
Sterling Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% offJobber
Volvo Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% offJobber
Chassis & Suspension
GMC Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% offJobber
Miscellaneous Primary Total Truck Parts 42.5% off Jobber
Heavy Equipment Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Mack Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Ford Primary Total Truck Parts 42.5% off Jobber
Secondary Palm Beach Spring 20% off Jobber
Secondary Palm Truck Center 20% off Jobber
Third Bennett Auto Supply 14% - 20% off Jobber
Sterling
Volvo
Miscellaneous
GMC
Miscellaneous
Heavy Equipment
Mack
Ford
Primary
Secondary
Secondary
Third
Primary
Secondary
Secondary
Third
Primary
Secondary
Third
Third
Fourth
Primary
Secondary
Third
Third
Fourth
Primary
Secondary
Third
Third
Fourth
Primary
Secondary
Third
Third
Fourth
Total Truck Parts
Palm Beach Spring
Palm Truck Center
Bennett Auto Supply
42.5% off Jobber
20% off Jobber
20% off Jobber
14% - 20% off Jobber
Total Truck Parts
Palm Beach Spring
Palm Truck Center
Bennett Auto Supply
42.5% off Jobber
20% off Jobber
20% off Jobber
14% - 20% offJobber
Total Truck Parts 42.5% off Jobber
Bennett Auto Supply 20% - 50% off Jobber
Palm Beach Spring 20% off Jobber
Palm Truck Centers 20% off Jobber
Vehicle Maintenance <54% (Fram) off Jobber
<38% (Litterfuse) off Jobber
Total Truck Parts 42.5% off Jobber
Bennett Auto Supply 20% - 50% off Jobber
Palm Beach Spring 20% off Jobber
Palm Truck Centers 20% off Jobber
Vehicle Maintenance <54% (Fram) off Jobber
<38% (Litterfuse) off Jobber
Total Truck Parts 42.5% off Jobber
Bennett Auto Supply 20% - 50% off Jobber
Palm Beach Spring 20% off Jobber
Palm Truck Centers 20% off Jobber
Vehicle Maintenance <54% (Fram) off Jobber
<38% (Litterfuse) off Jobber
Total Truck Parts 42.5% off Jobber
Bennett Auto Supply 20% - 50% off Jobber
Palm Beach Spring 20% off Jobber
Palm Truck Centers 20% off Jobber
Vehicle Maintenance <54% (Fram) off Jobber
<38% (Litterfuse) off Jobber
Sterling
Primary
Secondary
Third
Third
Fourth
Volvo
Primary
Secondary
Third
Third
Fourth
Total Truck Parts
Bennett Auto Supply
Palm Beach Spring
Palm Truck Centers
V ehic 1e Maintenance
Total Truck Parts
Bennett Auto Supply
Palm Beach Spring
Palm Truck Centers
Vehicle Maintenance
'+2.5% off Jobber
20% - 50~o off Jobher
20% off Jobber
2()O;'O off Jobber
.54%) (Fram} off Jobber
i8% (Litterfusel offJobber
42.5% off Jobber
20% - 50% off Jobber
20% off Jobber
20% off Jobber
<54% (Fram) off Jobber
<38% (Litterfuse) off Jobber
If you have any questions please contact me at 6324. Thank you.
CC: Barry Atwood, Director of Finance
VI.-CONSENT AGENDA
ITEM B.3.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 June 16,2009
0 Jul 7,2009
[8l Jul 21,2009 Jul
0 Au ust 4, 2009 Jul
CJ1
c...J
0 0 :;;:;;;
Announcements/Presentations City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM [8l Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: A motion to approve a resolution for a contract for "CONSTRUCTION OF THE JAYCEE
PARK BOARDWALK", BID# 053~2730-09/JA, to Palm Beach Marine Construction Inc. of West Palm Beach, Florida for
a cost of $210,000.00 and include in the budgeted amount a 10% contingency of $21,000.00 for a total project cost of
$231,000.00.
EXPLANATION: On June 24, 2009, the Procurement Services opened and tabulated ten (10) bids. All bids were reviewed
by the Parks Department and references were checked. It was determined Palm Beach Marine Construction, Inc. of West
Palm Beach, Florida was the lowest, most responsive, responsible bidder who met all specifications. Jady Rivers, Parks
Superintendent concurs with this recommendation. (see memo #09-34).
PROGRAM IMP ACT: The purpose of the boardwalk is to allow park visitors to observe the habitat of the mangroves and
the Intracoastal Waterway and allow for fishing in the Intracoastal Waterway. The project also includes a kayak/canoe
launch. The project has been permitted through South Florida Water Management District and the City.
FISCAL IMPACT:
ACCOUNT:
302-4299-580-63-05
CIP#
CP0513
BUDGET EXPENDITURE:
$231,000.00
Funding for this project is included in the Capital Improvement Program (CIP) budget account. The City has received a
grant from the Land and Water Conservation Fund to reimburse up to 50% of the eligible project costs.
ALTERNATIVES: Not to approve the project and to forfeit the grant fU.~O 1
~~2~.#'~/:;l/'~~
Department Head's Si ature < City anager's SIgnature
~~
Procurement ServIces
C: Jody Rivers
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
:::i':" to City M~
City Attorney / Finance
v~
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RESOLUTION NO. R09-0QS;
A RESOLlJTION OF' THE CITY OF BOYNTON
BEACH, FLORIDA, APPROVING THE AWARD AND
EXECUTION BY THE CITY MANAGER AND CITY
CLERK OF A CONTRACT TO PALM BEACH
MARINE CONSTRlJCTION, INC., FOR BID #053-2730-
09/JA, FOR "CONSTRUCTION OF THE JAYCEE
PARK BOARDWALK", IN THE AMOllNT OF
$210,000.00 WITH AN OWNER'S CONTINGENCY OF
10% IN THE AMOVNT OF $21,000.00 FOR A TOTAL
BUDGET APPROPRIATION OF S231,000.00; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 24, 2009. Procurement Services opened and tabulated ten (lU)
17
bids in response to #053-2730-09/JA for "Construction of the Jaycee Park Boardwalk": and
18
WHEREAS, copies of the bid proposals were submitted to the Parks Department for
19
review and evaluation. It has been determined appropriate by staff to recommend award of
20
this contract to Palm Beach Marine Construction, Inc.. of West Palm Beach. Florida who
21
was the lowest, most responsive, responsible bidder who met all qualifications; and
22
WHEREAS, the City Commission of the City of Boynton Beach upon
23
recommendation of staff, deems it to be in the best interest of the citizens of the Cit~ of
24
Boynton Beach to award and authorize execution of a contract to Palm Beach Marine
25
Construction, Inc., for Bid#053-2730-09/JA. in the amount of $210.000.00 with :J 100 (J
26
owner's contingency of $21.000.00 for a total budget appropriation of $231.000.00.
27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
::11
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are herehy ratified and confirmed as
30
being true and correct and are hereby made a specific part of this Resolution upon adoption
31
hereof
S \CA\RESO\Agreements\8Id Awards\Award Contract to Pain: Beach Manne Jaycee Brdwali' ,ju~~'
Section 2.
The City Commission of the City of Boynton Beach, Florida does
2 hereby authorize and direct the approval and execution by the City Manager and City Clerk
3 of a contract with Palm Beach Marine Construction, Inc., for Bid#053-2730-09/JA, in the
4 amount of $210,000.00 with a 10% owner's contingency of $21,000.00 for a total budget
5 appropriation of $231 ,000.00, a copy of which is attached hereto as Exhibit "A",
6
Section 3.
This Resolution shall become effective immediately upon passage.
7
PASSED AND ADOPTED this _ day of July, 2009.
8
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25 ATTEST:
26
27
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29 Janet M. Prainito, CMC
30 City Clerk
31
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33
34
35 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
SICAIRESOlAgreemenlslBld AwardslAward Contract to Palm Beach Marine Jaycee Brdwalk doc
RECREATION & PARKS DEPARTMENT
MEMORANDUM 09-34
TO:
Carol Doppler, Purchasing Agent
Lori La Verriere, Assistant City Manage~
Jody Rivers, Parks Superintendent (0
June 24, 2009 J
s
VIA:
FROM:
~t
DATE:
SUBJECT: Recommendation for Contractor for Jaycee Park
Ten bids for Jaycee Park Phase II, construction of a boardwalk and kayak/canoe launch, were
received. The lowest bid was received from Palm Beach Marine Construction, Inc. in the amount
of $21 0,000. We checked references which were excellent. It is recommended that the City
contract with Palm Beach Marine Construction, Inc. This project has been awarded a $200,000
grant that has an end date of November 30, 2009. This project must be completed and grant
reimbursement papers filed no later than the middle of November to get the grant. The project
will take 90 days for construction. It is imperative that this item be on the earliest Commission
agenda.
PROGRAM IMPACT: The project is a 240' boardwalk beginning on the north end of Jaycee
Park, turning south in front ofthe mangrove island. The purpose of the boardwalk is to allow
park visitors to observe the habitat of the mangroves and the Intracoastal Waterway and allow
for fishing in the Intracoastal Waterway. The project also includes a kayak/canoe launch. The
project has been permitted through South Florida Water Management District and the City.
FISCAL IMPACT: The project has been funded in the CIP for $400,000 (Acct # 302-4298-
580-63-05 CP0513). A grant in the amount of $200,000 has been awarded by the Land and
Water Conservation Fund.
ALTERNATIVES: Not to approve the project and to forfeit the grant funds.
Please let me know what you need to help get this processed quickly.
Thank you.
JR/
C: Wally Majors, Recreation and Parks Director
Barry Atwood, Finance Director
BID TITLE:CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID NUMBER: 053-2730-09/JA
PROJECT NUMBER:CP 0513
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 21st day of July. 2009, by and between the
CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY"
or "OWNER" and Palm Beach Marine Inc.
a Florida Corporation L X ~
a Florida General Partnership L.-J
a Florida Limited Partnership L.-J
a Sole Proprietor L.-J
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
WHEREAS, The City has heretofore invited bids for a City construction
project ("Project") identified by the bid title, bid number and project number listed above
and commonly referred to as:
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
WHEREAS, The Contractor, in compliance with the bidding requirements
announced by the City, submitted a bid on the 24th day of June, 2009, for the total bid
amount of $210.000.00.
WHEREAS, On the 21st day of Julv. 2009, the City Commission
designated contractor as having submitted the bid that was most advantageous to the City
and authorized the execution ofthis Agreement.
WHERAS, The Parties agree that the Project is scheduled to be completed
within 90 calendar days of the issuance of the Notice to Proceed, subject to CITY approved
time extensions. There are penalties to the CONTRACTOR for the failure to meet such
deadlines.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
C - 1
1. AGREEME~T
1 . 1. The Parties agree that:
1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Proj ect.
1.1.3. The CONTRACTOR does accept this Contract and does agree to fumish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1A. Contractor is an independent contractor as that term IS set forth Il1 the
General Conditions for Construction (GC -2)
1.1.5. Unless otherwise provided, all time frames referenced 111 all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1. The Project consists of those improvements described and set forth in the Contracl
Documents.
2.2. The Contract Documents are the compilation of the following individuai
Documents:
2.2.1. Advertisement for Bids
2.2.2. Instructions for Bidders
2.2.3. Bid Proposal
2.2A. Bid Bond
2.2.5. General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
2.2.6. Construction Contract
2.2.7. Certificate ofInsurance
2.2.8. Public Construction Bond
2.2.9. Letters of Credit
2.2.10. Technical Specifications
2.2.11. Contract Drawings and Plans
2.2,12. ps-ddenda
:'::.2.13. Written directives or interpretations
2.2.14. Manufacturers warranties
C .2
3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1. Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2. Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4. Guarantee all work and materials for a period of one (1) year. Upon
receipt of written notification from the CITY, CONTRACTOR shall
correct any defective or faulty work or materials which may appear within
one (1) year after completion of the Contract and receipt of final payment.
3.1.5. CONTRACTOR shall make the necessary corrections within ten (10) days
of receipt of the written notice. Comply with the provisions of Section
255.05, Florida Statutes, if applicable. Pay promptly, before final
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
3.1.6. Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1. 7. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
C - 3
3.] .9. Perfonn such other tasks as set forth in the Contract Documents.
3.1.] O. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (J 0) days of the
Award of the Project.
3.2. The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of theIr
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1. City shall provide a written notice to proceed not later than ten (10) days from the
execution of this Contract.
4.2. Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3. On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1. CONTRACTOR hereby agrees to commence work under this contract on u!
before a date to be specified in written "Notice to Proceed" of the CITY and to
fully complete the proj ect by October 31, 2009.
5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the perfom1ancc
of the work specified and required to be performed within the time limit set [em])
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages and not as penalty, the amount stipulated in
Section 6.0 herein below for each and every calendar day that the
CONTRACTOR shall be in default of completion.
5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in tht
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfi 1.
1'-4
6. LIQUIDATED DAMAGES
6.1. The CONTRACTOR further agrees to pay $ 500.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to complete the work by October 01, 2009. The
CITY shall have the right to deduct said liquidated damages from any amount
due, or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1. The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction (GC-44,
GC-45, and GC-46).
8. INDEMNIFICATION
8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construction are not
C - 5
interdependent of each other, but rather each one ]s separate and d]stl11ct from thl
other.
8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available tu
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1 . The CITY agrees to pay the CONTRACTOR in CUlTent funds for the perfonnancl:
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1. The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. All such work shall be executed under the conditions
of the original Contract. Any claim for extension of time caused thereby shall be
made in writing at the time such change is ordered. Changes in the work must he
processed as set forth in the General Conditions for Construction (GC-57).
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed
10.3. Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work \vas
done. No claim for extra work shall be allowed unless same was ordered, ll\
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
10.4 No Field Change Directive or Change Order shall be authorized by the Project
Manager if the Contractor has added language to the Field Change Directive u!
Change Order or to any cover letter, e-mail, facsimile, or other written document
which accompanies the Field Change Directive or Change Order in \vhicb the
contractor attempts to reserve any future right or claim arising out of the work
which is the subject of the Field change Directive or Change Order.
11. PROJECT ENGINEER
11.1. The Project Engineers ("Engineers") are Cristobal Betancourt and Jason Hanchuk.
11.2. The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by ern'
lO act, and in such instances he shalL upon request, show CONTRACTOR such
( , ()
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager, Jodv Rivers, Parks Superintendent
who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1. This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2. In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1. Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1. In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
C -7
15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED lU
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJEC [
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION 0'\
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WlT~
THIS LIMITATION
CONTRACTOR hereby acknowledges that he has read and understands the
above provision.
INTIALS
15.3. Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver llY
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
C - k
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by
its manager, attested to by the City Clerk with the Corporate Seal of the said CITY and
the CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
CITY OF BOYNTON BEACH, FLORIDA
City Manager
Attest:
Approved as to Form:
City Clerk
City Attorney
Signed, sealed and witnessed
in the presence of:
CONTRACTOR
President or Vice President
Attest as to CONTRACTOR
State of Florida
)
) ss:
)
County of Palm Beach
On this day of
authorized to administer oaths,
known to be the persons
, 20_, personally appeared before me, duly
described herein or who has produced
as identification and who executed the foregoing
instrument and has acknowledged before me that they have executed same.
Notary Public
My Commission Expires:
C - 9
^ lUG LUWG~l, ITU~l K~~rU~~lV~, K~~YU~~lbLt blUUtK WHU Mtl ALL ~YtLl~lCAllUN~ xxxxx
AlA ~~l;'~~ ;t~._~
1 Doppler, CPPB,~aSing Agent
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
Jody Rivers, Parks Superintendent
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 r.M
BID # 053-2730-09/JA
VENDORS
ADDENDUM #1 SUBMITTED
ADDENDUM #2 SUBMITTED
ADDENDUM #3 SUBMITTED
ADDENDUM #4 SUBMITTED
SUB TOTAL BASE BID PRICE
BUDGET FOR: MATERIALS, MOBILIZATION
AND LABOR FOR THE INSTALLATION
OF THE RIP RAP
GRAND TOTAL BID PRICE
!
ICALENDAR DAYS OF COMPLETION",----.
ORIGINAL AND TWO (2) COPIES SUBMITTED
NUMBER OF BID PROPOSAL
SUBMITTED
COMPUTERIZED HORIZONTAL BAR
!cHART SUBMITTED
i
PALM BEACH MARINE CONSTRUCTION, INC.
1410 FORSYTHE ROAD
WEST PALM BEACH, FL 33405
PH: 561-588-7690
FAX: 561-697-3238
CONTACT: JAVIER QUEVEDO
YES
YES
YES
YES
$160,000.00
$50,000.00
$210,000.00
90
YES
ONE
r'ES
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time,
All other offers submitted in response to this solicitation.
if any, are hereby rejected as late"
RALPH DELLA-PIETRA, INC
880 JUPITER PARK DR.. STE 13
JUPITER, FL 33458
PH: 561-745-8555
FAX: 561-745-7468
CONTACT: RALPH DELLA-PIETRA
YES
YES
YES
YES
$272,662.00
$50.000.00
$322,662.00
80
YES
ONE
YES
,:ni'JS1R1WT!ON (J!" i HF JA, vEE I-'ARI< BOI\f-'\\JWAU\
SCHIPPERS MARINE CONSTRUCTION, INC
6700 N.TALLAHASSEE ROAD
CRYSTAL RIVER, FL 34428
PH: 352-795-1139
FAX: 352-628-0530
CONTACT: SHANE P. SCHIPPERS
YES
YES
YES
NU
$417,000.00
$50,000.00
$467.000.00
120
YES
UNE
yES
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS PALM BEACH MARINE CONSTRUCTION. INC. RALPH DELLA-PIETRA, INC. SCHIPPERS MARINE CONSTRUCTION, INC
1410 FORSYTHE ROAD 880 JUPITER PARK DR.. STE 13 6700 N.TALLAHASSEE ROAD
WEST PALM BEACH, FL 33405 JUPITER, FL 33458 CRYSTAL RIVER, FL 34428
PH: 561-588-7690 PH: 561-745-8555 PH: 352-795-1139
FAX: 561-697-3238 FAX: 561-745-7468 FAX: 352-628-0530
EVIDENCE OF POSSESSION OF REQUIRED
L1CENSES/ AND OR BUSINESS PERMITS YES YES YES
SUBMITTED
5% BID BOND SUBMITTED
YES/FIRST SEALORD YES/TRA VELERS CASUAL TY YES/THE HANOVER
SURETY, INC. AND SURETY CO. OF AMERICA INSURANCE COMPANY
STATEMENT OF BIDDERS QUALIFICATIONS
SUBMITTED YES YES YES
BIDDER SITE INSPECTION FORM
SUBMITTED (NON MANDATORY) YES YES YES
NON-COLLUSION AFFADAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/CERTIFIED YES/NOT A MINORITY YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
TRENCH SAFETY ACT AFFADAVIT
SUBMITTED YES YES YES
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
VENDORS
PALM BEACH MARINE CONSTRUCTION, ING.
1410 FORSYTHE ROAD
WEST PALM BEACH, FL 33405
PH: 561-588-7690
FAX: 561-697-3238
SAFETY PROGRAM COMPLIANCE
SUBMITTED
YES
SCHEDULE OF SUB CONTRACTORS
FORM SUBMITTED
YES/NONE
COMMENTS:
L__,__._
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
RALPH DELLA-PIETRA, INC.
880 JUPITER PARK DR.. STE 13
JUPITER, FL 33458
PH: 561-745-8555
FAX: 561-745-7468
YES
YES
r;n1'JSTRI Jt !I!')N I')F JHF "'.FF f'!\Rf< i',nl\f~f)WAU<
SCHIPPERS MARINE CONSTRUCTION. INr
6700 N.TALLAHASSEE ROAD
CRYSTAL RIVER, FL 34428
PH: 352-795-1139
FAX: 352-628-0530
YES
YES
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS WEST CONSTRUCTION, INC
318 S. DIXIE HIGHWAY, STE 4-5
LAKE WORTH, FL 33460
PH: 561-588-2027
FAX:561-582-9419
CONTACT: MARTHA A . MORGAN
ADDENDUM #1 SUBMITTED
YES
ADDENDUM #2 SUBMITTED
YES
ADDENDUM #3 SUBMITTED
YES
ADDENDUM #4 SUBMITTED
YES
SUB TOTAL BASE BID PRICE
$216,591.00
BUDGET FOR: MATERIALS, MOBILIZATION
AND LABOR FOR THE INSTALLATION $50,000.00
OF THE RIP RAP
GRAND TOTAL BID PRICE $266,591.00
CALENDAR DAYS OF COMPLETION
LEFT BLANK
ORIGINAL AND TWO (2) COPIES SUBMITTED
YES
NUMBER OF BID PROPOSAL
SUBMITTED ONE
COMPUTERIZED HORIZONTAL BAR
CHART SUBMITTED NO
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 PoM.
BID # 053-2730-09/,JA
VENDORS
EVIDENCE OF POSSESSION OF REQUIRED
L1CENSES/ AND OR BUSINESS PERMITS
SUBMITTED
5% BID BOND SUBMITTED
STATEMENT OF BIDDERS QUALIFICATIONS
SUBMITTED
BIDDER SITE INSPECTION FORM
SUBMITTED (NON MANDATORY)
NON-COLLUSION AFFADAVIT SUBMITTED
ANTI-KICKBACK AFFIDAVIT SUBMITTED
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED
TRENCH SAFETY ACT AFFADAVIT
SUBMITTED
~ '
WEST CONSTRUCTION, INC
318 S. DIXIE HIGHWAY, STE 4-5
LAKE WORTH, FL 33460
PH: 561-588-2027
FAX:561-582-9419
YES
YES/WESTERN
SURETY COMPANY
YES
YES
YES
YES
YES/SMALL BUSINESS
CERTIFIED
YES
YES
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time,
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
\
-I
, nNSTRt}('T:('~J nF 'THE 1;-" ,:FI- f'/\RK Ri l,";,Ri lWAi r.
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24. 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS WEST CONSTRUCTION, INC
318 S. DIXIE HIGHWAY, STE 4-5
LAKE WORTH, FL 33460
PH: 561-588-2027
F AX:561-582-9419
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES
SCHEDULE OF SUB CONTRACTORS
FORM SUBMITTED YES
COMMENTS:
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24,2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09W\
VENDORS
ADDENDUM #1 SUBMITTED
ADDENDUM #2 SUBMITTED
ADDENDUM #3 SUBMITTED
ADDENDUM #4 SUBMITTED
SUB TOTAL BASE BID PRICE
BUDGET FOR: MATERIALS, MOBILIZATION
AND lABOR FOR THE INSTAllATION
OF THE RIP RAP
GRAND TOTAL BID PRICE
CALENDAR DAYS OF COMPLETION
ORIGINAL AND TWO (2) COPIES SUBMITTED
I
p~~~~; BID PRDPOSAC--- .
!cOMPUTERIZED HORIZONTAL BAR
I"
ID1.A.Rl SUBMITTEU
!-
BK MARINE CONSTRUCTION INC.
3500 S.w. 14TH STREET
DEERFIELD BEACH, FL 33442
PH: 954-421-2321
FAX: 954-427-5168
CONTACT:JIM BRYANT
YES
YES
YES
YES
$277,664.40
$50,000.00
$327,664.40
150
YES
ONE
YES
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
BRANG CONSTRUCTION INC,.
4300 OAK CIRCLE
BOCA RATON, Fl 33431
PH: 561-368-3180
FAX: 561-3683188
CONTACT: JAMES R. FEDELE
YES
YES
YES
YES
$269,000.00
$50.000.00
$319,000.00
91
YES
ONE
YES
:()i'JSTf~l,'('n()N ()f' THE .lA, A:E f)t.If~K 80Af~UWAU\
C & M BUilDERS, INC,
1520 NEPTUNE DR. STE 0
BOYNTON BEACH, Fl 33426
PH: 561-735-9030
FAX: 561-731-0309
CONTACT: BRYAN COURCHESNE
YES
YES
YES
YES
$249,858.00
$50,000.00
$299,858.00
TO BE DETERMINED
YES
ONE
YES
-'1
I
,
I
.~
~
J
I
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS BK MARINE CONSTRUCTION INC. BRANG CONSTRUCTION INC,. C & M BUILDERS, INC.
3500 SW. 14TH STREET 4300 OAK CIRCLE 1520 NEPTUNE DR. STE 0
DEERFIELD BEACH, FL 33442 BOCA RATON, FL 33431 BOYNTON BEACH, FL 33426
PH: 954-421-2321 PH: 561-368-3180 PH: 561-735-9030
FAX: 954-427-5168 FAX: 561-3683188 FAX: 561-731-0309
EVIDENCE OF POSSESSION OF REQUIRED
LICENSES/ AND OR BUSINESS PERMITS
SUBMITTED YES YES YES
5% BID BOND SUBMITTED
YES/GREAT AMERICAN YESITHE OHIO CASUALTY YES/FIRST SEALORD
INSURANCE COMPANY INSURANCE COMPANY SURETY, INC.
STATEMENT OF BIDDERS QUALIFICATIONS
SUBMITTED YES YES YES
BIDDER SITE INSPECTION FORM
SUBMITTED (NON MANDATORY) YES YES YES
NON-COLLUSION AFFADAVIT SUBMITTED
YES YES YES
ANTI-KICKBACK AFFIDAVIT SUBMITTED
YES YES YES
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED YES/NOT A MINORITY YES/NOT A MINORITY YES/NOT A MINORITY
OWNED BUSINESS OWNED BUSINESS OWNED BUSINESS
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED YES YES YES
TRENCH SAFETY ACT AFFADAVIT
SUBMITTED YES YES YES
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: ,JUNE 24, 2009
BID: DUE TIME: 230 P.M.
BID # 053-2730-09/JA
VENDORS
BK MARINE CONSTRUCTION INC.
3500 S.w. 14TH STREET
DEERFIELD BEACH, FL 33442
PH: 954-421-2321
FAX: 954-427-5168
SAFETY PROGRAM COMPLIANCE
SUBMITTED
YES
SCHEDULE OF SUB CONTRACTORS
FORM SUBMITTED
YES/NA
COMMENTS:
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
BRANG CONSTRUCTION INC,.
4300 OAK CIRCLE
BOCA RATON, FL 33431
PH: 561-368-3180
FAX: 561-3683188
YES
YES
_.n__~____"~ __~_.~___~._~._._~_________'"<_".._.."____'_ .." -..
. ")rJ:::;1 r~1i)('11()N (If 1 HE: ... ,Yt.:E:[ fJAHK HUAf-\D'v'vALJ
C & M BUILDERS, ING.
1520 NEPTUNE DR. STE U
BOYNTON BEACH, FL 33426
PH: 561-735-9030
FAX: 561-731-0309
YES
YES/NONE
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS CUSTOM BUilT MARINE CONST. INC. FERREIRA CONSTRUCTION CO. INC LAMBERT BROS. INC.
1321 S.E. DECKER AVE. 100 S.E. SALERNO RD. 823 NW. 57TH STREET
STUART, FL 34994 STUART, FL 34997 FT. LAUDERDALE, FL 33309
PH: 772-288-4254 PH: 772-286-5123 PH: 954-491-9380
FAX: 772-288-2802 FAX: 772-286-5139 FAX: 954-491-9425
CONTACT: DAVID H. CORRIGAN SR CONTACT: DICTINIO GARCIA CONTACT: GREGG LAMBERT
ADDENDUM #1 SUBMIITED
YES YES YES
ADDENDUM #2 SUBMIITED
YES YES YES
ADDENDUM #3 SUBMIITED
YES YES YES
ADDENDUM #4 SUBMIITED
YES YES YES
SUB TOTAL BASE BID PRICE
$245,000.00 $259,543.00 $259,167.00
BUDGET FOR: MATERIALS, MOBILIZATION
AND LABOR FOR THE INSTALLATION $50,000.00 $50.000.00 $50,000.00
OF THE RIP RAP
GRAND TOTAL BID PRICE
$295,000.00 $309,543.00 $309,167.00
CALENDAR DAYS OF COMPLETION
90 LEFT BLANK 75
ORIGINAL AND TWO (2) COPIES SUBMITTED
YES YES YES
NUMBER OF BID PROPOSAL
SUBMITTED ONE ONE ONE
COMPUTERIZED HORIZONTAL BAR
CHART SUBMITTED YES YES YES
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: .JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
VENDORS
EVIDENCE OF POSSESSION OF REQUIRED
LICENSES/ AND OR: BUSINESS PERMITS
SUBMITTED
5% BID BOND SUBMITTED
STATEMENT OF BIDDERS QUALIFICATIONS
SUBMITTED
CUSTOM BUILT MARINE CONST. INC.
1321 S.E. DECKER AVE.
STUART, FL 34994
PH: 772-288-4254
FAX: 772-288-2802
YES
YES/DEVELOPERS
SURETY AND INDEMNITY COMP.
YES
BIDDER SITE INSPE:CTION FORM
SUBMITTED (NON MANDATORY) YES
NON-COllUSION AFFADAVIT SUBMITTED
ANTI-KICKBACK AFFIDAVIT SUBMITTED
CONFIRMATION OF MINORITY OWNED
BUSINESS SUBMITTED
CONFIRMATION OF DRUG FREE
WORKPLACE SUBMITTED
TRENCH SAFETY ACT AFFADAVIT
SUBMITTED
YES
YES
YES/NOT A MINORITY
OWNED BUSINESS
YES
t
YES
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
FERREIRA CONSTRUCTION CO. INC
100 S.E. SALERNO RD.
STUART, FL 34997
PH: 772-286-5123
FAX: 772-286-5139
YES
YES/ARCH INSURANCE
COMPANY
YES
YES
YES
YES
YES/NOT A MINORITY
OWNED BUSINESS
YES
YES
"()i'JSTRI iC'TI()N Or " HE" ,feEE: I-'AF<K BUARDWAl,Y,
LAMBERT BROS. INC.
823 NW. 57TH STREET
FT. LAUDERDALE, Fl 33309
PH: 954-491-9380
FAX: 954-491-9425
YES
INTERNATIONAL FIDELITY ~
INSURANCE COMPANY
-_.~~- -,,_.'~,..~.,-"
::: l
-----,,- ,. . i
YES
i
-1
..........,.~
YES
YES/NOT A MINORITY
OWNED BUSINESS
i
i
J
1
YES
YES
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID: DUE DATE: JUNE 24, 2009
BID: DUE TIME: 2:30 P.M.
BID # 053-2730-09/JA
"Offers from the vendors listed herein are the only offers
received timely as of the above receiving date and time.
All other offers submitted in response to this solicitation,
if any, are hereby rejected as late"
VENDORS CUSTOM BUILT MARINE CONST. INC. FERREIRA CONSTRUCTION CO. INC LAMBERT BROS. INC.
1321 S.E. DECKER AVE. 100 S.E. SALERNO RD. 823 N.W. 57TH STREET
STUART, FL 34994 STUART, FL 34997 FT. LAUDERDALE, FL 33309
PH: 772-288-4254 PH: 772-286-5123 PH: 954-491-9380
FAX: 772-288-2802 FAX: 772-286-5139 FAX: 954-491-9425
SAFETY PROGRAM COMPLIANCE
SUBMITTED YES YES YES
SCHEDULE OF SUB CONTRACTORS
FORM SUBMITTED YES/NA YES/NA YES
COMMENTS:
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BIDDER ACKNOWLEDGEMENT
Submit Bids To:
PROCUREMENT SERVICES
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone: (56 I ) 742-6322
Broadcast Date:
May 22, 2009
Bid Title:
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
Bid Number:
053-2730-09/JA
Bid Received By: JUNE 18,2009, NO LATER THAN 2:30 P.M. (LOCAL TIME)
Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and
time is scheduled for: June 18,2009, no later than 2:30 P.M. (local time) and may not be
withdrawn within ninety (90) days after such date and time.
All awards made as a result of this bid shall confonn to applicable sections of the charter and
codes of the City.
Name of Vendor:
Palm Beach Marine Construction, Inc.
Federal 1.0. Number:
75-2997419
A Corporation of the State of:
Florida
Area Code: 561
Telephone Number:
588-7690
Area Code: 561
FAX Number:
697-3238
Mailing Address:
1410 Forsythe Road
City/State/Zip:
West Palm Beach, FL
Authorized Signature
r Quevedo, President
Vendor Mailing Date:
(Hand Delivered 6/24/09)
Name Typed
BA-)
THIS PAGE TO BE SUBMJITED ALONG WITH PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
ADDENDA
CITY OF BOYNTON BEACH
FLORIDA
BID TITLE: CONSTRUCTION OF THE JA YCEE PARK BOARDWALK
BIDDER: Palm Beach Marine Construction, Inc.
DATE SUBMITTED:
6/24/09
We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the
Contract Fonn, to furnish all material, equipment, machinery, tools. apparatus, means of
transportation, construction, coordination. labor and services necessary to complete/provide the
work specified by the Contract documents.
Having studied the documents prepared by:
Jody Rivers, Project Manager/Parks Superintendent
(Name of Project Manager/Architect/Consultant)
and having examined the project site (when indicated in these specifications to do so), we
propose to perfonn the work of this Project according to the Contract documents and the
following addenda which we have received:
· ADDENDUM
DATE
ADDENDUM
DATE
1
6/22/09
2
6/11/09
6/16/09
6/18/09
4
3
THIS PAGE TO BE SUBMIITED ALONG wlm PROPOSAL IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
A- ]
BS/24/2ee9 e8:33
5517426316
CITY BOYNTON BEACH
PAGE 02105
REVISED PROPOSAL SHEETS
BID PROPOSAL
The Bidder agrees to accept as full payment for the:
CONSTRUCTION OF THE JAYCEE PARK BOARDWALK
BID #053-%730-09/JA
StODe of Work. Base Bid:
Bidder will complete the work in accordance with the Contract Documents for the
following price. This LUMP SUM BID PRICE FOR BASE BID includes the scope of
all work shown on the plans and described within the specifications.
SUB TOTAL BASE BID $ 160,000.00
Budget for: Materials. Mobilization and labor for 1 $ $50,000.00
the installation of the RiD RJm
GRAND TOTAL BID $ 210,000.00
THE CITY HAS ALLOWED ALL BIDDERS A BUDGET OF 550,000.00 FOR THE
COST OF MATERIALS, MOBILIZATION, AND LABOR FOR THE INSTALLATION
OF THE RIP RAP (Shown above)
The undersiened bidder asrees to commence work within ten (10) calendar days after the date of
the "Notice to Proceed" and shall complete the work within .!2. calendar days after the
commencement date.
~ Original and two (2) copies of bid submitted.
~ Attached is a computer generated horilOntal bar chart showing proposed schedule of
work.
~ Schedule of Subcontractors submitted.
~ Site Inspection Form submitted.
-2- Evidence ofposseBsion of required licenses and/or business permits submitted.
The undersigned bidder hereby represents that he/she has carefully examined the drawings and
the Contract including all Contract documents and will execute the Contract and perform all its
items, covenants and conditions, all in exact compliance with the requirements of the
specifications and drawings.
The bidder, by and through the submission of his Bid, agrees that he/she h!lS examined and that
be/she sball be held responsible for having theretofore examined bimselflbcrself as to the
THIS PAGE TO BE SUBJ\oDTl'I.D ALONG WITH PROPOSAL IN ORDER
FORBID PACKAGE TO BE CONSIDERED COMPLETE AND ACM:'PT"'lU.F.
06/24/2069 08:33
5617426316
CITY BOVNTON BEAa-l
PAGE e3/eS
REVISED PROPOSAL SHEETS
character of the route, the location, surface and underground obstructions, the nature of the
groWld water table, conditions and all other physical characteristics of the work, in order that
be/she may thereby provide for the satisfactory completion thereat: including the rem.oval,
relocation or replacement of any objects or obstructions which will be encountered in doing the
proposed work.
The bidder, by submission oftbis Bid aclmowJedges that the bidder has been advised that in the
event bidder contests the award oftbia project to another bidder, that the bidder damages, if any,
are limited to actUal Bid preparatiOD costs and bidder hereby waives any claim it may have for
other damages coming from the City's failure to award the project bidder.
DMe June 24, 2009
Palm Beach Marine Construction, Inc.
(Name of bidder, Corporation, Firm or Individual)
By'
Javier Quevedo
Printed Name
President
Title
(561) 588-7690
Telephone Number
Florida Contractor's License Number
CGC 1516366
TWS PAGE TO BE SUDMlTrED ALONe WJTE( PIlOPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETJ AND ACCF.PT ART .Tl'.
i :' ,-. I:i 0 q d :' q .:-; t: ~ t, '''';? '3 :2 :::: c'
M
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^ ~;.~ ~~..~..;_,.,~~I"'fi;ir~:..and'~.'" fID.C).....d
r~::..r,.;==i:c::r=~~.~.dd$
kyour~.:.Mmorit.YGwncd~BuslOess? X
Y. No
ftY~"pleasc;iMieatc:by an "X"mthe.apprupriate'box:
() AMIIUCANlNDlAN
() .lSJA~
() BLACl'
(t)HfSP'ANIC
() WOMeN
{}. OTHER
() NQT'~~ILE
.(ipcCtM
'DQ1Q.pp_a;Coril~1PP!:_li~_r:b__'ai'a:MisoI'ity'OWnedBuitness'l
. YaS-L,.NO_
(see At'tacbedl
irYes..Namalhe~on:fi'Om:Whfch:dtiJ_UJ'" WI5'obaiincd"-:dato~
~~, Of:;rfod~
J~OiPiriZa"'~lOt~~ion .
k~ 2.7..;1;009
~~1iC:ttiOit
President
,",J8.PACB.TO':.~DALGilGwrm'aOI'~
. MoQ'~ 1
;..,,;;1;.;,;....::7:',/<;"\:., 1':"'.'.,,""'-'-" ,.,
...." ;.., '\ :.",";1 . ;:'.~: ',:;I/:i: .', ",
",1 ,,"( ~ ~(M!1W~~!...~}U~U;I'.l.mi~~I~,.;,:.Q~~rlG':).::.,
.' ",i..;~11r;i:~'::;;_'1.'...~.t:1>;I.n:l.l't:;.....~i~;.c.n;...ar~Y~M:.:".
BID BOND
STATE OF FLORIDA
)
COUNTY OF PALM BEACH
)
KNOW ALL MEN BY THESE PRESENTS, that Palm Beach Mari'ne Construction, Inc.
as Principal, and First Sealord Surety, Inc.
, as Surety, authorized to do
business in the State of Florida are held and firmly bound unto the Owner, rity nfRoyntnn Rp.J1~h in
the penal sum of
Five Percent of Amount Bid
Dollars
($
5%
) lawful money of the United States, for the payment of which sum will and truly to
be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and
severally, finnly by these presents.
THE CONDmON OF THIS OBLIGA nON IS SUCH, that whereas the Principal has
subm itted the accompanying bid, dated
June 18
t20~ for:
CONSTRUCrION OF THE JAYCEE PARK BOARDWALK
BID# 053-2730-09/JA
NOW THEREFORE,
A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening
of the same, and shall within ten (10) days after the prescnoed forms are presented to
him for signature, enter into a written Contract with the Owner in accordance with the
Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be
required, for the faithful perfonnance and proper fulfillment of such Contract, then the
above obligations shall be void and of no effect, othelWise to remain in full force and
effect.
BIB - 1
B. In the event of the withdrawal of said Bid within the period specified, or the failure to
enter into such Contract and give such bonds within the time specified. if the principal
shall pay the Owner the difference between the amount specified in said Bid and the
amount for which the Owner may procure the required work and supplies, if the latter
amount be in excess of the fonner then the above obligations shall be void and of no
effect, otherwise to remain in full force and effect.
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under
their several seals, this ~ day of June, 2009 I being hereto affixed and these
presents duly signed by its undersigned representative, pursuant to authority of is governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary only will attest and affix seal).
PRINCIPAL:
Palm Beach Marine Construction, Inc.
Name of Finn
WITNESS:
;Ap/)l.//~/h~'ck-
~
1410 Forsythe Rd.
Business Address
West Palm Beach, FL 33405
City and State
BIB. 2
SURETY:
First Sealord Surety, Inc.
Corporate SUrety
WITNESS:
As Per Attached Power of Attorney
x seal)
Jason K z, orney in Fact
789 E. Lancaster Ave., Ste. 200
Business Address
Villanova, PA 19085
City State
Nielson, Rosenhaus.& Associates
Name of Local Insurance Agenoy
BIB - 3
Power No: MCO-040a.09-Q7"
KNOW ALl,.. MEN.BY THESE PRESENTS: That First Sealord Surety, inc., a corporation of the Commonwea.lth of Pennsylvania. (hereinaftertne
"Company") has made, constituted and appointed, and by these presents does make, cQns~tute and appoint
Brett Rosenhaus and/or Jason Katz of West Palm Beach, Florida
its true and lawful Attorney-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds. undertakings and other Instruments of c
similar nature as follows
"Article XII: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, UndelWriting Undertakings, and Instruments Relating Thereto.
1,~~j. In
"'t''''aliw
r""'~'I'''' '
l:i!.':' a) C
such o~~r officet'$o~W~ntitlves as,~he ~!i~fdmay from timeto'titQel;lErtelTl'line. The sel!1l ofthe COfpor~~~:halnf.f~~rlate ~ .::~:!iObY
any s\J.~offiC$r, ~Qr~fi:.Facl or repre$eO~lVe, The authority of such AttClrrr~y.in"Fact and Agents shaH be as presC1'!p~d tnthe,1n~nt
. eli~~"h$ir. . . ent. AnyslJoh.\lPpoiptrnent and allalJthority granted thereby may be revoked at any time bytheSoarct of Ditecto~ Qr by any
personA:tilp .' '$uoti appo~t."
..' '" 4,. '. _ ''', :'-. ',',
. ,e , and $etiled byfaCSllnile under and by atithority-of thefoltowb1g provisions'
In Wi.tness Whereof, I h:we hereunto set my hand a~ITxed the corporate seai of the Corporation to these presents
this I~~~y of \j UnJL ,20 (J. Oq..54 2 Lp
This power of attorney is void unless the Bond number is inserted in this paragraph (insert Bond # here I, the bona
numbet is the same number as on t'he original bond, d the bond number has been inserted by an officer ot employee of the Company or by the ager
(seal)
=--- ~ =--=.- ~ =- ~
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I. Jesus Quevedo
. certify that I am the Secretary of the Corporation named as
Principal in the within bond; that Javier Quevedo
who signed the said Bid Bond on
behalf of the Principal. was then President
of said Corporation; that I know has
signature. and his signature hereto is genui ; and that said bond was duly signed. sealed, and
STATE OF FLORIDA
fi governing body.
attested for and in behalfofsaid Corporation
(corporate seal)
)
COUNTY OF PALM BEACH
)
Before me. a Notary Public duly commissioned. qualified and acting. personally appeared
Javier Quevedo
to me well known, who being by me first duly sworn upon oath. says
that he is the Attorney-in-Fact, for the Palm Beach Marine Canst., Inc. and that he has been
authorized by Jesus Quevedo, Secretary
to execute the foregoing bond on behalf of the
Contractor named therein in favor for the Owner. the City of Boynton Beach.
~,
Julie Jackson, Notary Public
NOTARY PUBUC-STATE OF FLORIDA
."~,'\lIt,,,~ Julie Jackson
{_; Co~mission .,. DD823819
..""....... Exprres: OCT. 14, 2012
BONDED THRU ATLANTIC BONDING CO., INe.
BIB. 4
STATEMENT OF BIDDER'S QUALIFICATIONS
Each Contractor bidding on work included in these General Documents shall prepare and submit
the data requested in the following schedule of infonnation.
This data must be included in and made part of each bid document. Failure to comply with this
instruction may be regarded as justification for rejecting the Contractor's proposal.
· attach additional sheets giving the infonnation
1.
Name of Bidder:
Palm Beach Marine Construction, Inc.
2.
Business Address:
1410 Forsythe Road
West Palm Beach, PL 33405
3.
When Organized:
2/6/02
4.
Where Incorporated:
Florida
5. How many years have you been engaged in the contracting business under the present
finn name? 7 years
6. General character of work perfonned by your company.
Marine Construction
7. Enclose evidence of possession of required licenses and/or business pennits. i See Attached i
8.
Number of employees.
15
9. Background and experience of principal members of your personnel, including officers. (See Attached'
10.
Bonding capacity.
$2,000,000.00
II. Have you ever defaulted on a contract? If so, where and why? No
THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL
SBQ-I
STATEMENT OF BIDDER'S QUALIFICATIONS continued......
12. Experience in perfonnance.
Project
$ Value
Contact Name
Phone #
(See Attached "Project Experience" List)
13. Contracts on hand.. (See Attached "Current Projects" List)
14. Largest completed projects (include final cost).
Jupiter pointe Marina - $1,500,000.00
I)
2)
3)
FPL Port Everglades - $1,100,000.00
Toscana Condominiums - $925,000.00
I S. List all lawsuits (design andlor construction related) or arbitrations to which you have
been a party and which: * None
1) arose from construction projects: ·
2) occurred within the last 4 years: ·
3) provide case number and style: ·
Dated at: 9 : 00 a. m .
June
20~
Javier Quevedo
(printed or typed)
Title: President
THIS PACE MUST BE SUBMllTED ALONG WITH PROPOSAL
SBQ - 2
99,8
G#
S~ONAL REGULATION
NSING BOARD
seQ# L08110400086
Na1ne
U]:1a~r
E5tpira;t.':
dONSTItUC1W:t
F'L 3~;\05
CtIARLJ:E CRIST
ClC,\tIttNOR.
. ':-\.'
..'. "
..'..'::: .:>'o:it... . ...._ /, _ .
DISPLP\'{Ae,.ftEQUIRED BY LAW
CHARLES W. DRAGO
SECRETARY
.'
STATE OF FLORIDA
PALM BEACH COUNTY
LOCAL BUSINESS TAX RECEIPT
E X PI RES: S E P T E M B E R 3 0 ,
PALM BEACH MARINE CONSTRUCTION "' LOCATED AT
INC
QUEVEDOJA~ER 1410FORSYTHERD
WEST PALM BEACH FL 33405
2009
2009-08703
OC-032
CLASSIFICATION
TRNSFR
TOTAL
$3.00
$3.00
this receipt Is hereby valid for the above address for the period THIS IS NOT A BILL. DO NOT PAY
begInning on the first day of October and ending on the thirtieth day
of September to engage In the buslneas.professlon or occupation of:
GENERAL CONTRACTOR PAID. PBC TAX COLLECTOR
C:GC1516366 $3.00 BTR 133 00630706 1210512008
ANNE M. GANNON
TAX COLLECTOR. PALM BEACH COUNTY
THIS DOCUMENT IS VALID ONLY WHEN
RECEIPTED BY TAX COLLECTOR
State of Florida
Department of State
I certify from the records of this office that PALM BEACH MARINE
CONSTRUCTION, INC. is a corporation organized under the laws of
the State of Florida, filed on February 6, 2002.
The document number of this corporation is P02000015305.
I further certify that said corporation has paid all fees due this office
through December 31, 2009, that its most recent annual report was filed
on March 18, 2009, and its status is active.
I further certify that said corporation has not filed Articles of
Dissolution.
Given under my hand and the Great Seal of
Florida, at Tallahassee, the Capital, this the
Eighte~laYOfJu~e, 2009
..... ......'....'.... " ..... "~....~........'.....
. ", ,"' c. ...., ."__ ,.y,,7'<'". ,..' ,"',
> '.' -"'," ,
Secretary of State
Authentication ID: 400157423604-061809.P02000015305
II
To authenticate this certificate,visit the following site, enter this
ID, and then follow the instructions displayed.
h ttps:f fefile.sun biz.orgfcerta uthver. h tml
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SOUTH FwRIDA WATER MANAGEMENT DISTRICT
,
330l Gun Cub Road, West Palm Bead1. Florida 33406 · '~561)-686-a800 · FL WATS 1-800-432-2045 · TOO (561) 697-2574
Mailing Address: P. O. Box 24680, West Palm Beach,. FL 334164680 · www.sfwmd.gov
REGISTEREDVENDORNO.110312
February 6, 2007 ·
..... . , . - " '-,'
t l' , 1 - I "
, '
. , ", ~ ,
- - - - - ~~
Mr. Javier Quevedo
President
Palm Beach Marine Construction, Inc.
1410 Forsythe Road
West Palm Beach, FL 33405
Dear Mr. Quevedo:
"
The South Florida Water Management District (District) has certified your firm as a Small Business
Enterprise (SBE). This certification is valid for three (3) years and may onlv be applied when business
is conducted in the following area(s):
Professional Building Contractor and Marine Construction Services
Your submittal of bids or proposals to supply other products or services outside of this speclaJty(s) wUl not
count toward SBB participation. If you require certiftcation in other areas of specialty, please contact the
Procurement Department, Sl!B Section,for additional information.
Renewal is required every three (3) years and should be requested within 45 days prior to the above
expiration date.
If any changes occur within your company during the certification period (such as oW'nership, affiliate
company status, address, telephone number, licensing status, gross revenue, or any information that
relates to your SSE Certification status), you must notify this office in writing. immediately. It is
imperative that we maintain currentinfonnation on your company at all times. FAILURE TO REPORT
CHANGES MA Y RESUL TIN DECERTIFICA TION. .
Certification is not a guarantee that your flnn- will receive work, 'noj- ari assurance that your .firm will
remain In the District's solicitation database. Upon requesting or downloading a bid or proposal
package your firm must respond by submitting a bid or proposal or submit a Statement of No
Response form. This is very important. for failure to respond to-three (3) solicitations will result in your
company being removed from the Districfs solicitation database.
Sincerely,
~'rn.~
RECEIVED
r[B 0 D LOO?
Colleen M. Robbs
Sr. Compliance Analyst
Procurement Department
('
-.. BY:
....
GoVERNING BOARD
Kevin McCarty, OuUr
A1k:e J. Carlson
Lennart B. LiDdah1, P.B.
ExECU'l'lV! OmCE
Carol Ann Wehle, Execlltil1e Director
"..1_'-_....1 1""_"1__
U......L'_.1) .,.,.,,1'10_......._
PALM BEACH COUNTY
DFFICE DF SMALL BUSINESS ASSISTANCE
CERTIFIES THAT
PALM
INC.
is a SmalVMinority
County Co
of the Palm Beach
er 27,2010.
Palm Beach County Board of County Co ioners
a~
el Oxendine, Director
Addie L. Greene, Chairperson
Jeff Koons, Vice Hair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Jess R. Santamaria
Robert J. Kanjian
County Administrator
Robert Weisman
Ucputv County "-dminisl ;,H"
PALM BEACH MARINE CONSTRUCTION, INC.
Company Principals and Capabilities
. Javier Quevedo, President - Resume Attached
. Cebrone Atkins, Vice President - Resume Attached
. Preston Searls, Operations Manager - Preston has over twelve
(12) years construction experience, of which six (6) years have
been in management. He has been with Palm Beach Marine
Construction, Inc. for the past two years in the capacity of
Operations Manager. Preston started his career as a manager
working for a major labor staffing company responsible for all labor,
material, and equipment coordination, in addition to employee
benefits.
. Wesley Gammons, Field Superintendent/Safety Director - Wes has
over nine (9) years experience in the marine construction industry,
of which the past seven (7) years have been with Palm Beach
Marine Construction, Inc. He is exceptionally knowledgeable in all
aspects of marine construction and safety procedures. He
previously owned and operated a successful landscaping company.
. Julie Jackson, Office Manager - Julie has over twenty (20) years in
the construction industry working for several major General
Contractors and Subcontractors in the capacity of Office Manager,
Executive Assistant and Marketing Assistant. She has a vast
knowledge of construction office management procedures and
administrative duties.
. Linda Matthews, Financial Manager - Linda has over five (5) years
working as a Controller in the construction industry. Previous to
that, she held various accounting management positions for many
years. She is extremely experienced in all aspects of accounting
procedures.
.JA VIER QUEVEDO
1410 Forsythe Road, West Palm Beach, FL 33405 . E-Mail: iavier(ii..pbmcinc.com . (561) 588-7690
PROFILE
Baving over 10 years of experience in construction and development industry. Verii1able track
record for the successful completion of multi-million dollar projects through coordinating trades,
developing partnerships, and building positive rappmt with architects, engineers, local officials,
vendors, and clients while maintaining costs. Versed in contract negotiations, project estimating,
impending design problems, document preparation, building code and regulations, material
purchasing and site management.
WORK EXPERIENCE:
2002 - Present
1999 - 2002
] 997 - 1999
Palm Beach.Marine Construc/jcm, Illc.
Marine Contractor specializing in the permitting and construction of
marinas, dredging, and marine structures i,c. docks, seawalls, rock
revetments, etc.
Job duties:
Founder, President and CEO
Oversee daily operations of a 20+ employees and all subcontractors
Business development and marketing
Arthur 1. Gallagher b,SUf{l11Ce Compau)'
Insurance company providing all aspects of general and specific insurance
needs to the public.
Job duties:
· 220 General Lines Insurance License
Rookie of the Year A ward of fourth largest publically traded
l.I1surance company
Specialized in Workers Compensation lnsurance for the
construction industry
Roc/berg Construction & Development, Inc.
General Contractor speciaJizing in the construction of multi-unit
residential apartment buildings and restaurants.
1995 - 1997
Job duties:
· Purchasing Agent/Controller
· Performed accounts payable functions for construction expenses
· Managed vendor accounts, generating weekly on demand checks
· Managed Budgets, Forecasting, Payroll, Accounts Payable and
Receivable.
· Coordinated monthly payroll functions for t 00+ employees
· Liaised with bankers, insurers, solicitors and investors regarding
financial transactions
Vogelf Marine Construction, Inc.
Marine Contractor specializing in the permitting and construction of
marinas, dredging, and marine structures i.e. docks, seawalls, rock
revetments, etc.
Job duties:
· Construction foreman - oversaw daily operations of on-site job
construction from start to finish
· Permitting liaison - insuring environmental and structural
compliance with local, state and federal agencies
· Pile driving - wood, steel, concrete pile installation by way of
diesel and mechanical hammer, vibratory and water jet process
from land and barge
· Sheet pile installation - steel, concrete, vinyl sheets by way of
diesel and mechanical hammer, vibratory and water jet process
from land and barge
· Rock revetments - installation of 1 - 5 ton rock by way of friction
crane and excavator from land and barge
· Dredging - removal and hauling of aggregate material by way of
friction crane and excavator from land and barge
· Commercial diving - bridge and seawall inspections, construction
of underwater marine structures, underwater welding and use of
miscellaneous hydraulic hand tools
EDUCATION:
Florida Atlantic University
Palm Beach Community College
Forrest Hill High School
CEBRONE D. ATKINS, JR.
616 Bay Road . North Palm Beach, FL 33408 . cebrone@aoLcom · (561) 848-3978
CAREER SUMMARY
Fourteen years experience working with the physical forces of the coastal environment with extensive
knowledge of the coastal processes such as waves, tides, currents and the transport of sediment.
Specializing in the construction, maintenance and repair of erosion control projects. such as bulkheads,
seawalls, breakwaters, revetments, groins, jetties. artificial beach nouristunenl. coastal bluff reshaping.
vegetative stabilization, and navigation projects such as docks, cribs. boat ramps, and boathouse.
marina basins. harbor projects and dredging. Owning and operating marine equipment i.e. barges.
tugs, pumps, and cranes in diverse situations. Confinnable evidence of successful completion of multi.
million dollar undertakings in erosion control projects, navigation projects and harbor projects working
with coordinating professionals.
PROFESSIONAL EXPERIENCE
Palm Beach Marine Construction, Inc
Chief Operating Officer. Vice President
1410 Forsythe Road, West Palm Beach, FL 33405
www.Dbmcinc.com
2005 - Present
. Marine Contractor specializing in the permitting and construction of marinas, dredging, and
marine structures I.e. docks, seawalls, rock revetments, bulkheads, etc.
Major Projects
. FPL - Port Everglades - 1.2 million dollars
. Quail Valley Marina - 1.2 million dollars
. Shelby Homes-Mariner Bay. 735 thousand dollars
. Toscana Ocean Club - 433 thousand dollars
. Segerdahl Residence - 214 thousand dollars
COA Construction Services, Inc.
Founder and Owner
516 Bay Road, North Palm Beach, FL 33408
1998 - 2004
. Marine construction and Golf Course construction
Major Projects:
. Eagle Marsh Golf Course - 7 million dollars
. EI DIablo Golf Course - 8 million dollars
. The Presidential Golf Course. 12 million dollars
. Pahokee Marina - 1.2 million dollars
. SFWM Water Control 2 mOllon dollars
. Quail Valley - 12 million dollars
fTl.OOCS 52321,.. I
CEBRONE D. ATKINS, JR.
Page Two
Murphy Construction
Superintendent and Foreman
1615 Clare Avenue, West Palm Beach, FL 33401
· Oversaw dally operations of on-site job construction from start to finish
· Permitting lIalsen . Insuring environmental and structural compliance with local, state and
federal agencies
· pue driving - weed, steel, concrete pile Installation by way of diesel and mechanical hammer,
vibratory and water jet process from land and barge
· Sheel pile Installation - steel, concrete, vinyl sheets by way of diesel and mechanical hammer,
vibratory' and water Jet process from land and barge
· Rock revetments - Installation of 1 -5 ton rock by way of friction crane and excavator from lanct
and barge
· Dredging - removal and hauling of aggregate material by way of friction crane and excavator
from land and barge
· Commercial diving - bridge and seawalllnsp8ctlons, construcUon of underwater marine
structures, underwater welding and use of miscellaneous hydraulic hand toels
1994 -1998
Vance Construction Co.
MarIne Construction Foreman
2100 Avenue B, Riviera Beach, FL 33407
· Pile driving - wood, steel, concrete pl!e Installation by way of diesel and mechanical hammer,
vibratory and water jet process from land and barge
· Sheet pile Installation - steel, concrete, vinyl sheets by way of diesel and mechanical hammer,
vibratory and water Jet process from land and barge
· Rock revetments -Installation of 1 -5 ton rock by way of friction crane and excavator from 'and
and barge
· Dredging - removal and hauling of aggregate material by way of friction crane and excavator
from land and barge
Commercial diving - bridge and sBawalllnspectlons, construction of underwater marine
structures. underwater welding and use of miscellaneous hydraulic hand tools
1993-1994
EDUCA TION & TRAINING9PALM BEACH COMMUNITY COLLEOE, LAKE WORTH, FL
FTLDOCS 5232154 1
I
Project
Quail Valley River Club
Vera Beach, FL
PALM BEACH MARINE CONSTRUCTION
PROJECT EXPERIENCE I REFERENCES
J
Scope of Work
Owner I Representative
Construction Cost
Start/comPlete]
Dates
Mechanically dredge 20,000 cy Quail Valley LLC
Demolish existing 40 slip marina 2345 Highway A 1A $750,000.00 Jan. 200
Install new 40 slip marina Vero Beach, FL 32963 Aug. 20
Steve Mulvey
772-492-2030
FPL - Port Evergladl~s Installation of 900 LF sheet Florida Power & Light
Ft. Lauderdale, FL I pile seawall 8100 Eisenhower Blvd. $1,100,000.00 July 2006
Ft. Lauderdale, FL 33316 Oct. 200
954-527 -3507
L.--~.,_._.,.,_,,__~_,~____~__........._,...___..>,,~~_ ----_.~~-~..-."--'_.~- -- ~._-----
T oscana Condomiurn
Marina
Highland Beach, FL
Jupiter Pointe Marina
Tequesta, FL
Barclay Condominiums
Palm Beach, FL
Mechanically dredge 28,000 cy
Install 12 slip marina
Lay 2,500 tons of rip rap
Mechanically dredge 15,000 cy
Demolish 30 slip marina
Install 3,000 If steel bulkhead
, -
Installation of 480' steel wall,
formed and poured concrete cap
and mat tie-back system
T oscana Condo Assoc.
3740 S. Ocean Blvd.
Highland Beach, FL
Frank Zamiello, Pres.
401-732-3558
$925,000.00
Sept. 2007
Feb, 2008
'1
Jan. 2008, I
(85% Substantially I
comPlete)J
Main Street Management
416 Clematis Street $1,500,000.00
West Palm Beach, FL 33401
Joe Thomas
407-473-9980
'r--
Feb 2009
Barclay Condominium Assoc
3456 S. Ocean Blvd.
Palm Beach, FL 33480
TR Hernancki
561- 776-0868
$581,770.00
5-
05
6
PALM BEACH MARINE CONSTRUCTION, INC.
CURRENT PROJECTS LIST
John U. Lloyd Beach State Park
6503 N. Ocean Drive
Hollywood, FL 33022
Jupiter Inlet Marina
950 N. Highway AlA
Jupiter, FL
President Condominium
2505 S. Ocean Blvd.
Palm Beach, FL 33480
FPL Port Everglades Dredging
Port Everglades Plant
8100 Eisenhower blvd.
Port Everglades, FL 33316
Mitch Fenton, Proj. Mgr.
FL DEP, Div. of Rec. & Parks
Bureau of Design & Constr.
3540 Thomasville Road
Tallahassee, FL 32309
850-488-5372/850-488-3537
mitcheIlJenton@dep.state.fl.us
Tom Lepore, Sr. Project Mgr.
210 Military Trail
Jupiter, FL 33458
561-741-2680/ F-561-741-2515
TomL@jupiter.fl.us
Jeremy Holland
The President of Palm Beach
2505 S. Ocean Blvd.
Palm Beach, FL 33480
561-779-6868
presid e ntcondo@comcast.net
Barbara Navin
Contract Dev & Procurement
Florida Power & Light Company
P.O. Box 14000
Juno Beach, FL 33408
561-691-7353
barba ra. L.navin@fpl.com
BIDDER'S SITE INSPECTION CONFIRMATION
(Does Not Apply to this Project)
BID TITLE: CONSTRUCTION OF THE JA YCEE PARK BOARDWALK
BID NUMBER: 053-2730-09/JA
DATE:
Before me, the undersigned authority, authorized to take acknowledgements personally
appeared:
as an authorized representative of:
(hereinafter called the bidder) located at
and that said
bidder has visited the site of the work and has carefully examined the plans and specifications for
said project and checked them in detail before submitting his bid or proposal.
CITY EMPLOYEE SIGNATURE
DA TE OF INSPECTION
851. I
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
State of Florida
)
)
County of Palm Beach
Javier Quevedo
, being first duly sworn, deposes and says that:
t) He is President of Palm Beach Marine Construction, Inc,'
(Title) (Name of Corporation or Finn)
the bidder that has submitted the attached bid:
2) He is fully infonned respecting the preparation and contents of the attached bid and of all
pertinent circumstances respecting such bid;
3) Said bid is genuine and is not a collusive or sham bid;
4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, has in any way colluded, conspired,
connived or agreed, directly or indirectly with any other bidder, finn or person to submit a
collusive or sham bid in connection with the Contract for which the attached bid has been
submitted or to refrain from bidding in connection with such Contract, or has in any manner,
directly or indirectly, sought by agreement or collusion or communications or conference with
any other bidder, finn or person to fix the price or prices in the attached bid or of any other
bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other
bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any
advantage against the Ci tv of Bovnton Beach (Local Public Agency) or any person
interested in the proposed Contract; and
5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its
agents, representatives, owners, employees, or parties in i including this affiant
(Signed
(Title) J vier Quevedo, President
Subscribed and sworn to before me
NOTARY PUBLIC-STATE OF FLORIDA
........."", Julie Jackson
OctobeJrAJ14 'ofoA[2012 AeJa1.LG" . i~ ~CommissioD#DD823819
....."......l Expires: OCT. 14, 2012
BoNDED THRll ATLAN'l'IC BONDING CO., INe.
THIS PAGE TO BE SUBMllTED ALONG WITH BID IN ORDER
FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
NCA . 1
This 24th day of
My commission ex
d
June
,20~
ANTI-KICKBACK AFFIDAVIT
STATE OF FLORIDA
)
: SS
)
COUNTY OF PALM BEACH
I. the undersigned hereby duly sworn. depose and say that no portion of the sum herein bid will be
paid to any employees of the City of Boynton Beach as a commission. kickback, reward of gift,
directly or indirectly by me or any member of my finn or by an officer of the corporation.
By:
Sworn and subscribed before me
this 24th day of June
I 20~
Printed Infonnation:
Javier Quevedo
NAME
President
cl~
at Large
TITLE
Palm Beach Marine Construction, Inc.
COMPANY
NOTARY PUBLIC-8TATE OF FLORIDA
~""""'" Julie Jackson
i.) Commission #DD823819
....',""...' Expires: OCT. 14, 2012
BONDED THRll A'l'U.l'mC BONDING GO., me.
"OFFICIAL NOTARY SEAL" STAMP
THIS PAGE TO BE SUBMIlTED ALONG WITH PROPOSAL IN ORDER FOR
BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
AKA . 1
CONFIRMATION OF DRUG-FREE WORKPLACE
IDENTICAl. TlF. RIOS
Preference shall be given to businesses with drug-free workplace programs. Whenever two or
more bids which are equal with respect to price, quality, and service are received by the City of
Boynton Beach or by any political subdivision for the procurement of commodities or
contractual services, a bid received from a business that certifies that it has implemented a drug-
free workplace program shall be given preference in the award process. Established procedures
for processing tie bids will be followed if none of the tied vendors have a drug-free workplace
program. In order to have a drug-free workplace program, a business shall:
I) Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Infonn employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (I).
4) In the statement specified in subsection (1), notify the employee that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the tenns of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
5 days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by, any employee
who is so convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person ~uthorized to sign tbe statement, I/1tif that this. firm complies fully with
the above requirements. ;'_
I
/ Vendor's Signature
i Javier Quevedo, President
1 paAm Beach Marine Construction,
I I
I
THIS PAGE TO BE SUBMIITED ALONG w\.ri. PROPOSAL IN ORDER FOR
PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE
DFW . 1
TRENCH SAFETY ACT
AFFIDAVIT
(DOES NOT APPLY TO THIS PROJECT)
On October 1, 1990, House Bill 3J83, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S. 1926.650, as Florida's own standards.
The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Contractor and his subcontractors.
The proposer is also obligated to identify his anticipated method and cost of compliance with the
applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPL YINa WITH THE
FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A
BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT
BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE
SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE.
THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN
AND SUBMIT IT WITH THEIR BID DOCUMENTS.
Name of Proposer
Authorized Signature of Proposer
.COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS
UNDER THE FOLLOWING HEADINGS:
Description
Unit
Quantity
Unit Price
Extended Price
Method
THIS PAGE TO BE SUBMIITED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
TSA-J
SAFETY PROGRAM COMPLIANCE
Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference
shall be given to contractors with an established safety program following a.S.H.A. guidelines,
and documented results establishing a safe working environment.
I. Bidder shaH provide a copy of the Safety Program{s) to be in effect for the duration of the
Contract (attach to the back ofthis fonn). (See Attached Safety Manual)
2. The City reserves the right to conduct periodic safety inspections of the contractor,
subcontractor, employees, agents, etc. throughout the duration of the Contract.
3. The City reserves the right to terminate the Contract where it is determined that the
contractor or subcontractor is in non-compliance of the safety terms, regulations or
requirements established by a.S.H.A. or the State.
As the person authorized to sign the statement, I certify that this firm complies Cully with
the above requirements.
Construction, Inc.
President
'l,/
THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SPC-)
Palm Beach Marine Construction, Inc.
Employee Safety Manual
1
TABLE OF CONTENTS
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Motorized Vehicles and Equipment 13
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COMPANY POLICY LETTER
SAFETY AND HEALTH POLICY FOR PALM BEACH MARINE CONSTRUCTION, INC.
The purpose of this policy is to develop a high standard of safety throughout all operations of
Palm Beach Marine Construction, Inc.
We believe that each employee has the right to derive personal satisfaction from his/her job and
the prevention of occupational injury or illness is of such consequence to this belief that it will be
given top priority at all times.
It is our intention here at Palm Beach Marine Construction, Inc. to initiate and maintain
complete accident prevention and safety training programs. Each individual from top
management to the working person is responsible for the safety and health of those persons in
their charge and coworkers around them. By accepting mutual responsibility to operate safely,
we will all contribute to the well being of personnel.
(
3
Safety Program Outline
Palm Beach Marine Construction, Inc.
Element 1 . Safety Orientation: Each employee will be given a safety orientation by (Javier
Quevedo, Cebrone Atkins & field supervisor) when first hired. The orientation will cover the
following items:
A description of the accident prevention program:
. We have a formal written accident prevention program as described in WISHA regulations (WAC
296-155-110). It consists of this safety orientation, safety meetings as described in Element 2, and
Self-inspections as outlined in Element 3.
. We also have basic safety rules that all employees must follow. They are:
. Never do anything that is unsafe in order to get the job done. If a job is unsafe, report it to your
supervisor or foreman. We will find a safer way to do that job,
. Do not remove or disable any safety device! Keep guards in place at all times on operating
machinery.
. Never operate a piece of equipment unless you have been trained and are authorized.
. Use your personal protective equipment whenever it is required.
. Obey all safety warning signs.
. Working under the influence of alcohol or illegal drugs or using them at work is prohibited.
. Do not bring firearms or explosives onto company property.
. Horseplay, running and fighting are prohibited
. Clean up spills immediately. Replace all tools and supplies after use. Do not allow scraps to
accumulate where they will become a hazard. Good housekeeping helps prevent accidents,
How and when to report injuries, including first aid kits and their locations:
. If you are injured or become ill on the job, report this to Jobsite Supervisor.
. We require all supervisors and/or foremen to have first-aid/CPR training. 1
. We have first aid qualified workers here but we do not have "designated" first-aiders.
First aid at the job site is done on a Good Samaritan basis.
. If first aid trained personnel are involved in a situation involving blood, they should:
. Avoid skin contact with blood/other potentially infectious materials by letting the victim
help as much as possible, and by using gloves provided in the first aid kit.
. Remove clothing, etc. with blood on it after rendering help.
. Wash thoroughly with soap and water to remove blood. A 10% chlorine bleach
solution is good for disinfecting areas contaminated with blood (spills, etc.),
. Report such first aid incidents within the shift to supervisors (time, date, blood
presence, exposure, names of others helping).
. First aid kit locations at this jobsite include:
. Jobsite supervisor
4
Temperature Extremes
Workers subjected to temperature extremes, radiant heat, humidity, or air velocity combinations
which, over a period of time, may produce physical illness. Protection by use of adequate
controls, methods or procedures, or use of protective clothing will be provided to employees
working in these conditions. Excessive exposure to heat is referred to as heat stress and
excessive exposure to cold is referred to as cold stress.
Heat related illness (HRI) and cold-induced illnesses (Hypothermia/frostbite) are well known,
recognized workplace hazards. All work operations involving exposure to temperature
extremes, either humidity/heat extremes or cold extremes have the potential for inducing heat
stress and heat related illnesses or cold stress resulting in frostbite or hypothermia, therefore,
Palm Beach Marine Construction, Inc. has developed a policy to address these issues. All
employees will receive training relating to the causes and effects, as well as the personal and
environmental factors that may lead to temperature extreme related illnesses. Each employee
will be provided with training and materials that include but are not limited to:
. The chosen method or methods to assess the risk for HRI or cold stress.
. A section covering training elements to provide employees information on what the
employer will do when working in extreme weather conditions.
. A section on first aid including how to identify HRI symptoms and cold stress systems.
The proper first aid application for an individual that is suffering from HRI or cold weather
illness, and procedures for summoning medical aid personnel.
. A section identifying where and how adequate drinking water will be supplied.
What to do in an emergency including how to exit the workplace:
Fire Emergency
. A fire extinguisher or fire extinguishers will be covered as part of this orientation.
. If yOU discover a fire: 2 Tell another person immediately. Call or have them call 911 and a
supervisor.
. If the fire is small (such as a wastebasket fire) and there is minimal smoke, you may try to put it out
with a fire extinguisher.
. If the fire grows or there is thick smoke, do not continue to fight the fire.
. Tell other employees in the area to evacuate.
. Go to the designated assembly point outside the building.
Identification of hazardous chemicals used at this location:
. Safe use and emergency actions to take following an accidental exposure.
. We use a limited number of chemicals. You will receive a separate orientation as part of our
chemical hazard communication program on the hazards of these chemicals before you work with
them or work in an area where they are used.
Use and care of required personal protective equipment (PPE): 4
. Some tasks in our company require an employee to wear PPE to protect against injury.
. You will be instructed by (field supervisor) using the manufacturer's instructions on how to use and
care for these PPE.
5
On-the-job training about what you need to know to perform the job safely:
. Before you are first assigned a task, the job supervisor will show you what to do along with safety
instructions and required PPE.
. We have established safety rules and personal protective equipment (PPE) requirements based
upon a hazard assessment for each task.
. Do not use equipment or attempt to do any of these tasks until you have received the required
training and PPE.
Safety Meetings and Self-Inspections
. Element 2 - Employee Safety Meetings
. At the beginning of each job and at least weekly thereafter.
. Review of any walk-around safety inspections conducted since the last safety meeting.
. Review of any citation to assist in correction of hazards.
. Evaluation of any accident investigations conducted since the last meetings to determine if the
cause of the unsafe acts or unsafe conditions involved were properly identified and corrected
. Document attendance and other subjects discussed.
. Maintain records for one year.
. Element 3 - Self-inspections
. At the beginning of each job, and at least weekly thereafter.
. Include one member of management and one employee, elected by the employees, as their
authorized representative.
. Document walk-around safety inspection.
. Maintain records until the completion of the job.
Safety Disciplinary Policy
Palm Beach Marine Construction, Inc. believes that a safety and health Accident Prevention Program
is unenforceable without some type of disciplinary policy. Our company believes that in order to maintain
a safe and healthful workplace, the employees must be cognizant and aware of all company, State, and
Federal safety and health regulations as they apply to the specific job duties required. The following
disciplinary policy is in effect and will be applied to all safety and health violations.
The following steps will be followed unless the seriousness of the violation would dictate going directly to
Step 2 or Step 3.
1. A first time violation will be discussed orally between company supervision and the employee.
This will be done as soon as possible.
2. A second time offense will be followed up in written form and a copy of this written documentation
will be entered into the employee's personnel folder. Time off without pay (3 day minimum)
3. A third time violation will result in termination.
If an employee of this company knowingly and willingly violates any of the safety rules or procedures, or
puts his/her self in an imminent danger situation, the employee will be immediately discharged.
R
General Safe Work Practices for Construction
Personal Protective Equipment
. Suitable clothing must be worn; long pants, at least short-sleeved shirts and adequate
foot wear.
. Hard hats, safety glasses or goggles must be used when a potential hazard exists.
(Safety glasses must be ANSI Z87 or Z87.1 approved).
. Hearing protection (earplugs or earmuffs) must be used in high noise areas.
. Gloves (as needed).
. Personal flotation devices to be worn at all times while working on any vessel.
Housekeeping
. Always store materials in a safe manner. Tie down or support materials if necessary to
prevent falling, rolling, or shifting.
. Shavings, dust scraps, oil or grease should not be allowed to accumulate. Good
housekeeping is a part of the job.
. Trash piles must be removed as soon as possible. Trash is a safety and fire hazard.
. Immediately remove all loose materials from stairs, walkways, ramps, platforms, etc.
. Do not block aisles, traffic lanes, fire exits, gangways, or stairs.
Other general safe work practices
. Avoid shortcuts - use ramps, stairs, walkways, ladders, etc.
. Do not remove, deface or destroy any warning, danger sign, or barricade, or interfere
with any form of accident prevention device or practice provided for your use or that is
being used by other workers.
. Get help with heavy or bulky materials to avoid injury to yourself or damage to material.
. Do not use tools with split, broken, or loose handles, or burred or mushroomed heads.
Keep cutting tools sharp and carry all tools in a container.
. Know the correct use of hand and power tools. Use the right tool for the job.
7
Fall protection
· Fall hazards of 10 feet or more will be outlined and addressed in our jobsite fall protection
work plan.
· Fall hazards of less than 10 feet will be protected by covers, guardrails or other methods
and will be addressed in our self-inspections and safety meetings.
· Standard guardrails must be erected around all floor openings and open-sided surfaces
Contact your supervisor for the correct specifications.
Electrical
· Ground-fault circuit interrupters (GFCI) will be used when ever possible.
· Electric cords will be inspected daily and repaired or replaced as necessary.
· Do not operate any power tool or equipment unless you are trained in its operation
· Use tools only for their designed purpose.
Ladder safety
· Inspect before use for physical defects.
· Ladders are not to be painted except for numbering purposes.
· Do not use ladders for skids, braces, workbenches, or any purpose other than climbing.
· When you are ascending or descending a ladder, do not carry objects that will prevent
you from grasping the ladder with both hands.
· Always face the ladder when ascending and descending.
· If you must place a ladder over a doorway, barricade the door to prevent its use and post
a warning sign.
· Only one person is allowed on a ladder at a time.
· Do not jump from a ladder when descending.
· All joints between steps, rungs, and side rails must be tight.
· Safety feet must be in good working order and in place.
· Rungs must be free of grease and/or oil.
8
Stepladders
. Do not place tools or materials on the steps or platform of a stepladder
. Do not use the top two steps of a stepladder as a step or stand.
. Always level all four feet and lock spreaders in place.
. Do not use a stepladder as a straight ladder.
Straight type or extension ladders
. All straight or extension ladders must extend at least three feet beyond the supporting
object when used as an access to an elevated work area.
. After raising the extension portion of a two or more stage ladder to the desired height,
check to ensure that the safety dogs or latches are engaged.
. All extension or straight ladders must be secured or tied off at the top.
Ladder with a single support
a11achment for a pole.
. All ladders must be equipped with safety (non-skid) feet.
9
Rubber Safety Fe et Spike s
Lad:::lers with supports on the bottom
Cleats Nailed
to the Floor
. Portable ladders must be used at such a pitch that the horizontal distance from the top
support to the foot of the ladder is about one-quarter of the working length of the ladder.
For other rules and regulations regarding Portable Ladders, please refer to Safety Standard,
WAC 296-876. For other rules and regulations regarding Fixed Ladders & Stairways, please
refer to Part J of the Safety Standard WAC 296-155.
10
Trenching and Excavating
1. The determination of the angle of repose and design of the supporting system shall be based on
careful evaluation of pertinent factors, such as:
a. Depth and/or cut/soils classification
b. Possible variation in water content of the material while excavation is open
c. Anticipated changes in materials from exposure to air, sun, water, or freezing
d. Loading imposed by structures, equipment, or overlaying or stored material
e. Vibration from equipment, blasting, traffic, or other sources
Approximate Angle of Repose
For sloping of sides of excavations
Note:
Clays, silts, loams or
non-homogenous soils
require shoring end bracing
The presence of ground water
requires special treatment
Solid Compacted Recommended Compected Well
rock and angular slope sharp rounded
compact gravels, For sand loose
shale glacial Average 1X:1 sand
(90') till soils (33'41') 2:1
X:1 1:1 (26'34')
(63'26') (45')
Original ground line \
2. Walkways or bridges with standard railings must be provided when employees or equipment are
required to cross over excavations.
3. The walls and faces of all excavations in which employees are exposed to danger from moving
ground must be guarded by a shoring system, sloping of the ground, or some other equivalent
means.
4. No person must be permitted under loads handled by power shovels, derricks, or hoists.
5. All employees must be protected with personal protective equipment for the protection of the
head, eyes, respiratory system, hands, feet, and other parts of the body.
For other rules and regulations regarding trenching and excavating, please refer to Part N of the
Construction Safety Standard, WAC 296-155.
11
Scaffold Safety Rules
1. General
Before starting work on a scaffold, inspect it for the following:
a. Are guardrails, toeboards, and planking in place and secure?
b. Are locking pins at each joint in place?
c. Are all wheels on moveable scaffolds locked?
2. Do not attempt to gain access to a scaffold by climbing on it (unless it is specifically
designed for climbing - always use a ladder.
3. Scaffolds and their components must be capable of supporting four times the maximum
intended load.
4. Any scaffold, including accessories such as braces, brackets, trusses, screw legs,
ladders, etc., damaged or weakened in any way, must be immediately repaired or
replaced.
5. Scaffold planks must extend over their end supports not less than 6 inches or more than
12 inches, unless otherwise specifically required.
6. Scaffold platforms must be at least 18 inches wide unless otherwise specifically required
or exempted.
7. Where persons are required to work or pass under the scaffold, scaffolds shall be
provided with a screen between the toeboard and guardrail, extending along the entire
opening. The screen must be made of No. 18 gauge U.S. Standard wire, % inch mesh or
equivalent protection.
8. All scaffolds must be erected level and plumb, and on a solid footing.
9. Do not change or remove scaffold members unless authorized.
10. Do not allow workers to ride on a rolling scaffold when it is being moved. Remove or
secure all materials and tools on deck before moving.
11. Do not alter any scaffold member by welding, burning, cutting, drilling, or bending.
For other rules and regulations regarding scaffolding, please refer to Part J of the Construction
Safety Standard, WAC 296-155.
12
Motorized vehicles and equipment
1. Do not ride on motorized vehicles or equipment unless a proper seat is provided for each
rider.
2. Always be seated when riding authorized vehicles (unless they are designed for
standing).
3. Do not operate any motorized vehicle or equipment unless you are specifically authorized
to do so by your supervisor.
4. Always use your seat belts in the correct manner.
5. Obey all speed limits and other traffic regulations.
6. Always be aware of pedestrians and give them the right-of-way.
7. Always inspect your vehicle or equipment before and after daily use.
8. Never mount or dismount any vehicles or equipment while they are still in motion.
9. Do not dismount any vehicle without first shutting down the engine, setting the parking
brake and securing the load.
10. Do not allow other persons to ride the hook or block, dump box, forks, bucket or shovel of
any equipment.
11. Each operator must be knowledgeable of all hand signals and obey them.
12. Each operator is responsible for the stability and security of his/her load.
Forklift safety
Prior to performing work on or around Powered Industrial Trucks (forklifts) employees will
receive training in:
· Forklift safety hazards
· Types of forklifts (powered industrial trucks)
· Forklift operator training requirements
For other rules and regulations regarding motor vehicles, mechanized equipment and marine
operations, please refer to Part M of the construction Safety Standard, WAC 296-155.
13
SCHEDULE OF SUBCONTRACTINGIMINORlTY BUSINESS ENTERPRISE (MBE/WBE) P ARTICIP AnON
BIDDERS ARE TO SUBMIT A DETAILED LISTING OF ANY SUBCONTRACTOR(S) PARTICIPATION OF ANY PORTION OF THIS
PROJECT FOR ANY REASON.
BID TITLE: CONSTRUCTION OF THE JA veEE PARK BOARDWALK BID # 053-2730-09JJA
MAIN CONTRACTOR NAME: Palm Beach Marine Construction, Inc,
. I . '" RIArl{. ,~ -. I.."
MINORITY
NAME/ADDRESSJ PHONE OF TYPE OF WORK STATUS TYPF, CERTIFIED DOLLAR % OF
SUBCONTRACTOR TO BE 4 4 -(see key 4 4 AMOUNT TOTAL
PERFORMED Yes No below) Yes No
(NONE)
-.. .. .____"^,,_, _w..
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-.....
_.._.__."_'O'__._~_____ ~~,,-_... w____. ..,.......- -"-~-'-'-'--- - ..- .....__......_,..---"~ J
THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
SSCIMBE-I
STATEMENT OF NO BID
(Does Not Apply)
If you are not bidding on this service/commodity, please complete and return this fonn to:
PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O.
Box 3] 0, Boynton Beach, Florida 33425-03 I O.
Failure to respond may result in deletion of vendor's name from the qualified bidder's Ust
for the City of Boynton Beach.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
DATE:
WE, the undersigned have declined to respond to your Bid# O~3-2730-09/.J A for
CON!l;TRlTCTTON OF THF.. .TAVCF..F. PARK ROARDWAT,J( because of the following
reasons:
Specifications too "tight", i.e., geared toward brand or manufacturer only
(explain below)
Insufficient time to respond to the Invitation
We do not offer this product or an equivalent
Our product schedule would not permit us to perform
Unable to meet specifications
Unable to meet bond requirements
Specifications unclear (explain below)
Other (specify below)
REMARKS:
IF YOU ARE NOT SUBMIlTlNG A BID, PLEASE COMPLETE FORM
AND RETURN TO PROCUREMENT SERVICES
NB-l
f>J'>.\-M BEACH MAFtfN.E;:
I:I.K>~~
CONSTRUCTION INC
Construction of the Jaycee Park Boardwalk, Boynton Beach, FL
Set,up Silt Fence & Turbity Curtain
3
4
-
Installation of Framing Members
17
39
Installation of Retaining Wall
61
71
l~rnow".."O"
The City of
Boynton Beach
~... (:~.......... .
.' \,:h.,:.,
. ..
"'-.. -;,,-;.
Procurement Service&
100 E. Boynton Beach Bm~/evard
P. O. no.dID
Boynton Heach, Florida 33425-0310
Tt!lt!phone: (j61) 742.6310
FAX: (J61) 741.6316
ADDENDUM #1
DATE:
.June 11,2009
BID TITLE:
"CONSTRUCTION OF THE JA YCEE PARK
BOARDWALK"
BID NUMBER:
#053-2730-o9/JA
The tbllowing ehanges~ additions. deletions, and/or information are hereby made a part
Of the Bid for the "CONSTRUCTION OF THE .JA YCEE PARK BOARDW ALK.'
RESPONSES TO QUESTIONS AND REQUESTS FOR ADDITIONAL
INFORMATION
1. Q. Is the decking 2x6 pressure treated or 2x61PE?
A. The decking is 2x6 IPE.
2. Q. Which railing detail are we to use, sheet spl or sheet s7? Details arc similar,
dimensions are different.
A. The details 00 sheet S7 are correct. Maximum spacing between posts is 7
feet on center, the overall height ofthe rail is 42", and the height to the top of
the accessible rail is 34".
3. Q. At the pre-bid meeting, the soil report was not available. Can J get a copy of"
the geo tech report?
A. The geo-tcch report will be uploaded to Demandstar as an attachment to
this addendum, copies can also be e-mailed as PDF's or sent as a hardcopy.
Please call Iris Gonzalez at (561) 689-1138 for PDF's or hard copies.
4. Q. The contract documents read 14()' wooden boardwalk. But the plans have
measurements that total 295'-5" which is it?
A. The boardwalk is 295' 5"
5. Q. Will the rip rap boulders be placed under thc Armortec, is this correct?
A. No, the Armortcc shore stabilization shall be installed on grade
per the manufacturer's specifications.
6. Q. On sheet fep-l there's a note that calls f()r rip rap boulders hand placed. Is
this correct?
A. Yes. The boulders must be hand placed because the work is being
performed within a conserved mangrove. No machinery will be able to gain
access.
7. Q. ECP-J-Plan View and Rip Rap Cross Section - The shoreline stabilization
(Rip-Rap) shown on the drawings is not quantifiable based on the plan views and
cross section, pleasc specify.
A. The approximate quantity for the shoreline stabilization (Rip-Rap) is 265
cubic yards.
8. Q. SP-l/ Annortec Detail and SP-2/Section F, neither detail specifies a thickness
of the concrete block mat for the canoe/kayak launch area. Please clarify.
A. Unit Thickness' A', Class 30S/4.75"
9. Q. fep-I- Is it your intent that the turbidity barrier remain in place once
construction is complete? Please clarify.
A. The turbidity barrier shall be removed and properly disposed of upon
completion of the project by the contractor.
10. Q. Based on the fact that there is no substantial vertical construction, is bui ldcr' s
risk insurance required? Please clarify.
A. Yes. Builder's Risk Insurance will be required for this project.
11. Q. The drawings do not specify a plan for aCCl;:SS to the site and a staging area for
landside activities- Le. ddiverables, shoreline stabilization (rip rap), minor
earthwork, canoe/kayak launch construction, etc. Please detail how we arc to
access the work area and where we are to stage for the above mentioned activities.
A. Access to the site is through the main park entrance. All construction
staging activities shall be coordinated with City staff.
a.) Q. If access and staging is to be gained through the existing park, is
restoration of ground coverings, landscape. asphalt concrete. etc. to be pan
of this propo~al?
A. Any damage to existin2 park amenities resulting from
construction activities shall be repaired by the contractor at no
additional cost to the City.
THIS PA.GE TO BF.. SUBMITTED ALONG WITH PROPOSA.L IN OROF;R
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
b.) Q. Please clarify the thickness and construction (rein1brced or non-
rei.nforced) of the existing concrete sidewalk leading from the parking lot
to the proposed work site.
A. The sidewalk is 6" thick with a 2" sub-base non reinforced.
12. Q. There are currently two (2) picnic tables located in conflict with the propost:d
boardwalk. Please advise whether it is the responsibility of the contractor to
relocate the picnic tables or the owner prior to the start of work.
A. The City will relocate the picnic tables prior to construction.
13. Q. Detail 1 /SS-Note: "Use W' thick 5S bent plaLtl at angled bent (see Sheet S2 for
location)". Sheet S2 does not speeiry or locate any v,t thiek 55 bem plate. Please
clarify .
A. The stainless steel bent plates are to be located at any corner bent,
therefore there are three bents where the SS plates are required. One is
shown on Sheet S2 which is called out with the lIS5 Detail note, the other two
are visible on Sheet S3, though thesc arc not called out.
14. Q. Should DetailllSS- "3xI2 Splice" read 3xlO" Splice? Please clarify.
A. The detail should read 3xlO splice. The splice member is to he the same
height as the stringers.
15. Q. S7/Rail Fabrication Note #5-"SLandard used for railing design and acsthctic~
is 'Aluminum Picket Railing' by Giralt Em, Inc. Alternates must be pre-approved
at least 10 days prior to the bid~'. 1s this brand sped fled for design inte11l only'? If
another manufacturer is able to produce a railing that matches the Giralt railing
identically, is the pre-approval 10 days prior to the bid necessary? Please clarify.
A. Yes, ten 10 days prior to bid opening.
l6. Q, Sheet S7 shows a 6" aluminum channel welded to the top of the rail. Please
clarify the length and location of the 6" aluminum channel.
A. The welded cbannel is located along the entire perimeter of the railing~
17. Q. Wing wall elevations appear inconsistent with lOp of elevations
A. The approximate top elevation of the proposed wing wall is 4.03.
18. Q.lfthe boardwalk requires NO VESSEL MORRING signs, will cleats be
required, to be installed as described on drawing S5?
A. No cleats are required
19. Q. The first ramp section will rise 2.1 ft, In 30ft. this is greater than 1 :20 as
required on S L this won't affect the bidding but it is inconsistent.
A. Revised SP-l anached
THIS PAGE TO BE SUBMl'rrED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKA(~E TO BE CONSiDERED COMPLETE AND ACCEPTABLE
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THIS PAGE TO BE SUBMITTED ALONC WITH PROPOSAL IN ORDER
FOR BIO PACKAGE: TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Palm Beach Marine Construction, Inc.
Company Name
6/24/09
Date
President
{A~1d~~
Carol Doppler, epPB
Purchasing Agent
/JA
C: lody Rivers - Parks Superintendent
Wally Majors - Recreation and Parks Director
Miller Legg - Engineer for the Project
Demandstar.com
Shelf Copies
Central File
File
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BIO PACKAGE TO BE CONSIDERED COMPLETF; AND ACCEPTABLE
The City of
Boynton Beach
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Procurement Service"
/00 E'. BnY"lfm Beue" Boulevard
P. O. Box 310
HoynlOn Beach. Florida 3342 5-0J I 0
'J'1!1el'hlme: (J6J) 742.6310
FAX: (56/) 74]-6316
ACKNOWLEDGEMENT OF ADDENDUM #1
"CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
BID# 053-2730-09/JA
RESPONDENT MUST SIGN, DATE AND INCLUDE THIS
~~ ACKNOWLEDGEMENT OF ADDENDUM #1" WITH BID PACKAGE IN
ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND
ACCEPT ABLE.
Palm Beach Marina Construction, Inc.
NAME OF RESPONDENT
6/24/09
DATE
1\ TURE OF RESPONDENT
Javier Quevedo, President
PRINT NAME
~./..
nus PACE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDF:R
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
The City of
Boynton Beach
Procurement Services
100 E. Boynlon Beach Boulevard
P. O. Box 310
Boynton Beach, Florida 33425.()310
Telephone: (561) 741-63/0
FAX: (561) 741-6316
ADDENDUM #2
DATE:
JUNE 16, 2009
HCONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
BID TITLE:
BID NUMBER:
#053-2730-09/JA
The following changes, additions, deletions, andlor infonnation are hereby made a part of the
BID for the HCONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
Questions and Answers for Clarification:
1) Question: Would you be willing to put it in writing that an "or equal" to Geralt may be
submitted for approval during construction? The reason I ask is that there is a substantial
difference in prices on aluminum rail from Geralt (being the highest) to other manufacturers
who are completely capable of producing an identical rail to that which was drawn.
Answer: Substitutions can be discussed with the awarded contractor during
construction if the substituted material meets the same level of safety, durability, and
design detail currently specified.
2) Question: The Addendum response to the rip-rap question is 265 cubic yards. Based on the
cross-section of the shoreline stabilization on ECP-I, the width could vary anywhere from
20' -0"-30'-0" if you scale the drawings this is in clear conflict with the site plan
representation of the rip-rap. Please provide reasonable dimensions for the width (Le. varies
from 25' to 35' wide) and overall length of rip-rap (Le. approximately 200 LF).
Answer: The South Florida Water Management District will permit a total of307 cubic
yards of rip rap for this project. This total was derived from the plans where the rip rap
is shown at a constant width of 6' and a total length of235'. Based on this, the average
height of the rip rap is 5.88 feet. However, this will vary depending on the existing
conditions and elevations.
THIS PAGE TO BE SUBMITIED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Palm Beach Marine Construction, Inc.
Company Name
6/24/09
Date
President
Carol Doppler, CPPB
Purchasing Agent
/ja
c:
Jody Rivers - Parks Superintendent
Wally Majors - Recreation and Parks Director
Miller Legg - Engineer for the Project
Demandstar.com
Shelf Copies
Central File
File
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
The City of
Boynton Beach
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ON
PrOCllremenl Services
/00 E. Boynton Btach Boulevard
Boynlon Btach. Florida 334J5
Phone (561) 741-6310
FAX: (561) 741-6316
BID: "CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
BID NUMBER: #OS3-2730-09/JA
RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF
ADDENDUM #2" WITH RESPONSE IN ORDER FOR SUBMIIT AL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
NAME OF CONTRACTORWIRM
~RESENTATIVE
Palm Beach Marine Construction, Inc,
6/24/09
Javier Quevedo, President
REPRESENTA TIVElPRINT NAME
DATE
THIS PAGE TO BE SUBMITrED ALONG WITH PROPOSAL IN ORDER
1l'nn RTn lJU"ll' Ar.1i'. Tn In;'l''nN~ln1i'.IlRn I"nMPLF.TF. AND ACCEPTABLE
The City of
Boynton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P.O.Bo:c3JO
Boynton Beach. Florida 33425-0310
Telephone: (561) 742-6310
FAX: (561) 742-6316
ADDENDUM #3
DATE:
JUNE 18, 2009
"CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
BID TITLE:
BID NUMBER:
#OS3-2730-09/JA
The following changes, additions, deletions, and/or infonnation are hereby made a part of the
BID for the "CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
THE OPENING DATE HAS BEEN CHANGED TO JUNE 24. 2009 AT 2:30
P.M. (LOCAL TIME) AT CITY HALL. CONFERENCE ROOM "B"
Due to the difficulty In quantifying the precise amount of the rip rap necessary to complete the
shoreline stabilization of Jaycee Park, the City of Boynton Beach has decided to ailow ail bidders a
budget of $50,000 for the cost of materials, mobilization, and labor for the installation of the rip rap. By
making this allowance, the City believes It Is providing a more equal starting point for interested bidders.
Mobilization of materials to the job site by barge rather than land side mobilization Is also acceptable.
Materials can be delivered to a barge at Boat Club Park and moved down river to Jaycee Park as long as
barges remain one foot above any seagrass beds.
QuestIon: Would the equipment necessary to drive the plies 25ft. below grade not damage the
environment? ( Ie. draft of barge required would draw more than the 1ft. clearance required from
seagrasses even at high tide). Since we have been Installing 20 and 30,000# engineered boatlifts for
years on 4 piles with 10ft. of penetration, wouldn't that be adequate for a pedestrian boardwalk?
Answer: The 25' embedment requirement is based on the recommendation of the Geotechnical
Report performed by Andersen Andre Consulting Engineers, Inc. dated January 7, 2009. "Due to
the relatively variable sol! conditions encountered from the north end (TB-1) to the south end of
the park (TB-2) ... we recommend installing the piles to depths of at least 25 feet below the
mudline, or at least 5 to 10 feet into the encountered fragmented sandy limestone layer." Piles
will have to provide more than 5kip of bearing capaCity. If they provide this capacity and are 5
to 10 feet Into the sandy limestone layer, the plies will be acceptable.
THIS PAGE TO BE SVBMITTED ALONG WITH PROPOSAL IN ORDER
Question: #17 on the addendum gives the wing wall elevation top at 4.03. It appears on sheet S6 that
the bottom Is at -5.34, will this than require excavating over 8ft. of soli to construct the wall.
Answer: Please note that the drawings on Sheet 56 are not to scale. The anticipated mudllne at
this location Is 3.01. With the end and wing wall extending l' below the mud line this would
result In about 2' of excavation.
THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
Construction, Inc.
6/24/09
Date
Quevedo, President
Carol Doppler, CPPB
Purchasing Agent
Ija
c:
Jody Rivers - Parks Superintendent
Wally Majors - Recreation and Parks Director
Miller Legg - Engineer for the Project
Demandstar.com
Shelf Copies
Central File
File
THIS PAGE TO BE SUBMI'ITED ALONG WITH PROPOSAL IN ORDER
r,..n Dyn n.."'u..,..r;o Tn DI:' ,..nlUC!lnI:'Dl:'n rnMPT li'TIi' ANn ...rr....PT A RI.F.
The City of
Boynton Beach
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Procuremell1 Se",I~s
/00 E. BoyntOll Btaeh Bouln'CIrd
Boynton Beach. Flortd4 JJ.l3S
Phone (56/) 742-6320
FAX: (56/) 742.63/6
BID: "CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
BID NUMBER: I#OS3-2730-09/JA
RESPONDENT MUST SIGN, DATE AND INCLUDE "ACKNOWLEDGEMENT OF
ADDENDUM #3" WITH RESPONSE IN ORDER FOR SUBMITTAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
6/24/09
REPRESENT ATIVEIPRINT NAME
Palm Beach Marine Construction, Inc.
NAME OF CONTRACTORIFIRM
DATE
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
66/24/2669 68:33 5617426316
CITY BOYNTON BEACH
PClGE (~, i 85
The City of
Boynton Beach
I'rtJoInmllll Sfniea
101) Eo Bn11f1fJ1I sua BoItUvtml
P. O. Box JID
Bo)'ltlO" Bcad1. Florida 33423.0310
TeJep"DIIC (S6/) 141.0]0
FAX: (561) 141-6316
ADDENDUM #4
DATE:
JUNE 22, 1009
"CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
NOS3-2730-09/JA
BID mLE:
BID NUMBER:
The following changes, additions. deletions. and/or information are hereby made a part of the
BID for the: "CONSTRUCTION OF THE JA VCEE PARK BOARDWALK"
PLEASE DELETE THE ORIGINAL PROPOSAL SHEETS AND REPLACE WITH THE
ATTACHED REVISED PROPOSAL SHEETS.
THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE
66/24/2609 08:33
CITY BOVNTON BEACH
5617426316
Construction, Inc.
6/24/09
Date
i.41J~ ~f.L-.-.
Carol Doppler;CPPB -
Purchasing Agent
Ija
c:
lady Rivers - Parks Superintendent
Wally Majors - Recreation and Parks Director
Miller Legg - Engineer for the Project
Demandstar.com
Shelf Copies
Central File
File
TIllS PAGE TO BE SUBM.l'JTED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETK Aim Ar.r1i'.PTA Rl:rr
PAGE 05/05
66/24/2669 66:33
5617426316
Tlte City of
Boynton Beach
hoculWftltlll SC1\ofca
/ DO /l. 'f11I'IMI BIlIcJr BDultrItlrd
Boynbm l1ut:11. Plor1dil U4JJ
PM'" (J6/) 142..(jJI0
FAX: (S6/) ",1.6316
CITY BOYNTON BEACH
PAGE f14/85
BID: "CONSTRUCTION OF THE JAYCEE PARK BOARDWALK"
BID NUMBER: #OS3--2730-09JJA
RESPONDENT MUST SIGN, DATE AND INCLUDE .'ACKNOWLEDOEMENr OF
ADDENDUM #4" WITH RESPONSE m ORDER FOR S MlTTAL TO BE CONSIDERED
COMPLETE AND ACCEPTABLE.
Palm Beach Marine Construction, Inc.
NAME OF CONTRACTORIFIRM
6/24/09
DATE
C\......-
OF REPRESENTATIVE
Jav' r Quevedo, President
THIS PAGE TO BE SUBMlTl'ED ALONG WITH PROPOSAL IN ORDER
FOR BID PACKAGE TO BE CONSIDERED COMPLETE ANn Ar.r.F.PT A RT.1<'
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VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORNI
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Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be.r:-
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement .s:"
Dates Office
0 July -/, 2009 June 15,2009 June 10, 2009 June 8, 2009
[g! July 21,2009 July 6, 2009 July I, 2009 June 29,2009
0 August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
0 August 18, 2009 August 3,2009 July 29,2009 July 27,2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM [g! Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Request a motion to approve a piggy back off State Contract #405-000-10-01 for the
purchase of gasoline and diesel fuel products for use in city vehicles and equipment for the remainder of the fiscal
year. The selected vendors on the state contract for the southern district for gasoline and diesel fuel are listed as
Macmillan Oil, Mansfield Oil LLC, and SMF Energy Corp. (Gasoline) and Macmillan Oil, Mansfield Oil LLC, and
Petroleum Traders (Ultra low sulfur diesel) for an annual expenditure of: $1,941,532.00.
The State Contract complied with Public Contract bid requirements equal to or which exceeds Boynton Beach's
requirements.
EXPLANATION: Due to the expiration of the current State Contract issued through June 09. The new contract has
been awarded and will be effective through June 2014. Public Works requests the ability to use all available southern
district vendors on the state contract to bolster our purchasing options and benefit the needs of the City of Boynton
Beach during normal operations and emergency situations. .
The provisions of this bid will allow for a one (1) year extension at the same terms, conditions, and prices subject to
vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City.
PROGRAM IMPACT: Continued purchasing from Petroleum Traders (expired Contract Vendor) would leave the
city open to price fluctuations due to the volatility of this commodity
FISCAL IMPACT: Fuel is budgeted in the Fleet Maintenance Account #501-2516-519-52-10 in the amount of
$1,941,532.00.
Department Name
Public Works
However this option does not yield the volume purchasing power
:zdL
' - /.. .
/ ~/'-LI l~
../ , City Manager's Signature
"',;,tant to City Manag", r
Nit - fd~
City Attorney / Finan e
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
w~
.e"~fv i c'e"s
CERTIFICATION OF CONTRACT
TITLE: Bulk Fuel, Gasoline and Diesel
CONTRACT NO.: 405-000-10-1
ITB NO.: 21-405-000-X
EFFECTIVE: July 1, 2009 through June 30, 2014
CONTRACTOR(S):
American Homegrown Fuel Corporation (A)
Eli Roberts and Sons, Inc. (A)
G. W. Hunter, Inc. (A)
Jim Hinton Oil Company, Inc.
J. V. Gander Distributors, I nc. (A)
L. V. Hiers. Inc. (M)
Macmillan Oil Company. (0)
Mansfield Oil Company LLC. (A)
Midstream Fuel Service LLC. DBA PEPCO (A)
Petroleum Traders Corporation (A)
Port Consolidated, Inc. (A)
SMF Energy Corporation (A)
Terrell Industries, Inc. (H)
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management
Services, a contract has been executed between the State of Florida and the designated contractors
B. EFFECT - This contract was entered into to provide economies in the purchase of Bulk Fuel, Gasoline
and Diesel by all State of Florida agencies and institutions. Therefore, in compliance with Section
287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices
and conditions of this contract and with the suppliers specified
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached
ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State. and
local taxes.
All contract purchase orders shall show the State Purchasing contract number, product number.
quantity, description of item, with unit prices extended and purchase order totaled (This requirement
may be waived when purchase is made by a blanket purchase order.)
We serve those who serve Florida
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to
the requirements of this contract on Complaint to Vendor, form PUR7017. Should the vendor fail to
correct the problem within a prescribed period of time, then form PUR7029, Request for Assistance, is
to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your
information. Any restrictions accepted from the supplier are noted on the ordering instructions.
Authorized Signature
( date)
DSP/cw
Attachments
2
CONTRACT ADMINISTRATOR
NAME: David Bennett
TELEPHONE: (850) 921-4072
E-MAIL: David.Bennett@dms.mvflorida.com
3
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 GENERAL INSTRUCTIONS TO RESPONDENTS [PUR1001 (10/06)]
3.0 SPECIAL INSTRUCTIONS TO RESPONDENTS
4.0 GENERAL CONTRACT CONDITIONS [PUR1000 (10/06)]
5.0 SPECIAL CONDITIONS
6.0 TECHNICAL SPECIFICATIONS
7.0 FORMS
[The remainder of this page is intentionally left blank (other than footer information))
4
SECTION 1.0
INTRODUCTION
CONTENTS:
1.1 PURPOSE AND SCOPE
1.2 TIMELlNE
[The remainder of this page is intentionally left blank (other than footer information))
5
1.1 Purpose and Scope
The State of Florida ("State"), Department of Management Services (UDepartment"), invites interested
vendors, including suppliers of Bulk Fuel, Gasoline and Diesel, to submit responses in accordance with
these solicitation documents. The purpose of the solicitation is to establish a State Term Contract for
the acquisition of Bulk Fuel, Gasoline and Diesel. By submitting a response, each bidder certifies that it
satisfies the following criteria, in addition to any other specified in the solicitation documents.
The State Term Contract period, if awarded, is anticipated to begin on the Contract Formation date, per
Section 2.17, and to end June 30, 2014, with potential options to renew per Chapter 287, Florida
Statutes.
1.2 Timeline (REVISED 5/29/2009)
Issue solicitation within MyFloridaMarketPlace Sourcing Tool
Provide notice within Vendor Bid S stem .
MyFloridaMarketPlace (MFMP) training (not mandatory)
10:00 - 11 :30 conference call
May 19,2009
Questions from Respondents due via Q&A Board within
MyFloridaMarketPlace Sourcing Tool (No later than 4:00 pm
ET).
May 21, 2009
Post answers to vendor requests for approved equivalents
and questions within MyFloridaMarketPlace Sourcing Tool
and Vendor Bid S stem. REVISED
June 1, 2009
Solicitation responses due within MyFloridaMarketPlace
Sourcing Tool (Some documents in hard COpy) (tiQ later than
4:00 pm ET). REVISED
June 5, 2009
Post Notice of Intended Award within Vendor Bid System (Per
Section 2.13, Electronic Posting of Notice of Intended Award).
REVISED
June 16, 2009
Contract award.
Per Section 2.17,
Contract Formation
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME REMAINING
CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS REFLECTED IN SECTION
1.2, TIMELlNE. The response deadline(s) shall be as reflected in Section 1.2, Timeline, of this
solicitation. The MyFloridaMarketPlace Sourcing Tool's time remaining clock is not the official
submission date and time deadline, it is intended only to approximate the solicitation closing and may
require periodic adjustments.
It is stronalv recommended to submit your Response as earlv as possible. You should allow
time to receive any reQuested assistance and to receive verification of your submittal; waitinQ
until the last hours of the solicitation could impact the timely submittal of your Response.
[The remainder of this page is intentionally left blank (other than footer information)]
6
Section 2.0
GENERAL INSTRUCTIONS TO RESPONDENTS rpUR1 001 (10/06)]
CONTENTS:
2.1 DEFINITIONS.
2.2 GENERAL INSTRUCTIONS.
2.3 ELECTRONIC SUBMISSION OF RESPONSES.
2.4 TERMS AND CONDITIONS.
2.5 QUESTIONS.
2.6 CONFLICT OF INTEREST.
2.7 CONVICTED VENDORS.
2.8 DISCRIMINATORY VENDORS.
2.9 RESPONDENT'S REPRESENTATION AND AUTHORIZATION.
2.10 MANUFACTURER'S NAME AND ApPROVED EQUIVALENTS.
2.11 PERFORMANCE QUALIFICATIONS.
2.12 PUBLIC OPENING.
2.13 ELECTRONIC POSTING OF NOTICE OF INTENDED AWARD.
2.14 FIRM RESPONSE.
2 .15 CLARIFICATIONS/REVISIONS.
2.16 MINOR IRREGULARITIES/RIGHT TO REJECT.
2.17 CONTRACT FORMATION.
2.18 CONTRACT OVERLAP.
2.19 PUBLIC RECORDS.
2.20 PROTESTS.
2.21 LIMITATION ON VENDOR CONTACT WITH AGENCY DURING SOLICITATION PERIOD.
[The remainder of this page is intentionally left blank (other than footer information)]
7
2.1 Definitions. The definitions found in s. 60A-1.001, FAC. shall apply to this agreement. The following
additional terms are also defined:
(a) "Buyer" means the entity that has released the solicitation. The "Buyer" may also be the "Customer" as
defined in the PUR 1000 if that entity meets the definition of both terms.
(b) "Procurement Officer" means the Buyer's contracting personnel, as identified in the Introductory Materials.
(c) "Respondent" means the entity that submits materials to the Buyer in accordance with these Instructions.
(d) "Response" means the material submitted by the respondent in answering the solicitation.
(e) "Timeline" means the list of critical dates and actions included in the Introductory Materials.
2.2 General Instructions. Potential respondents to the solicitation are encouraged to carefully review all the
materials contained herein and prepare responses accordingly.
2.3 Electronic Submission of Responses. Respondents are required to submit responses electronically.
For this purpose, all references herein to signatures, signing requirements, or other required acknowledgments
hereby include electronic signature by means of clicking the "Submit Response" button (or other similar symbol
or process) attached to or logically associated with the response created by the respondent within
MyFloridaMarketPlace. The respondent agrees that the action of electronically submitting its response
constitutes:
. An electronic signature on the response, generally,
· An electronic signature on any form or section specifically calling for a signature, and
· An affirmative agreement to any statement contained in the solicitation that requires a definite
confirmation or acknowledgement.
2.4 Terms and Conditions. All responses are subject to the terms of the following sections of this solicitation,
which, in case of conflict, shall have the order of precedence listed:
. Technical Specifications,
· Special Conditions and Instructions,
. Instructions to Respondents (PUR 1001),
· General Conditions (PUR 1000), and
. Introductory Materials.
The Buyer objects to and shall not consider any additional terms or conditions submitted by a respondent,
including any appearing in documents attached as part of a respondent's response. In submitting its response,
a respondent agrees that any additional terms or conditions, whether submitted intentionally or inadvertently,
shall have no force or effect. Failure to comply with terms and conditions, including those specifying
information that must be submitted with a response, shall be grounds for rejecting a response.
2.5 Questions. Respondents shall address all questions regarding this solicitation to the Procurement Officer.
Questions must be submitted via the Q&A Board within MyFloridaMarketPlace and must be RECEIVED NO
LATER THAN the time and date reflected on the Timeline. Questions shall be answered in accordance with
the Timeline. All questions submitted shall be published and answered in a manner that all respondents will be
able to view. Respondents shall not contact any other employee of the Buyer or the State for information with
respect to this solicitation. Each respondent is responsible for monitoring the MyFloridaMarketPlace site for
new or changing information. The Buyer shall not be bound by any verbal information or by any written
information that is not contained within the solicitation documents or formally noticed and issued by the Buyer's
contracting personnel. Questions to the Procurement Officer or to any Buyer personnel shall not constitute
formal protest of the specifications or of the solicitation, a process addressed in paragraph 19 of these
Instructions.
2.6 Conflict of Interest. This solicitation is subject to Chapter 112 of the Florida Statutes. Respondents shall
disclose with their response the name of any officer, director, employee or other agent who is also an
employee of the State. Respondents shall also disclose the name of any State employee who owns, directly or
indirectly, an interest of five percent (5%) or more in the respondent or its affiliates.
8
2.7 Convicted Vendors. A person or affiliate placed on the convicted vendor list following a conviction tor a
public entity crime is prohibited from doing any of the following for a period of 36 months from the date of being
placed on the convicted vendor list:
. submitting a bid on a contract to provide any goods or services to a public entity.
. submitting a bid on a contract with a public entity for the construction or repair of a public building or
public work;
. submitting bids on leases of real property to a public entity;
. being awarded or performing work as a contractor, supplier. subcontractor or consultant under a
contract with any public entity; and
. transacting business with any public entity in excess of the Category Two threshold amount ($25.000)
provided in section 287.017 of the Florida Statutes
2.8 Discriminatory Vendors. An entity or affiliate placed on the discriminatory vendor list pursuant to section
287.134 of the Florida Statutes may not:
. submit a bid on a contract to provide any goods or services to a public entity;
. submit a bid on a contract with a public entity for the construction or repair of a public building or public
work;
. submit bids on leases of real property to a public entity;
. be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract
with any public entity; or
. transact business with any public entity,
2.9 Respondent's Representation and Authorization. In submitting a response, each respondent
understands, represents, and acknowledges the following (if the respondent cannot so certify to any of
following, the respondent shall submit with its response a written explanation of why it cannot do so)
. The respondent is not currently under suspension or debarment by the State or any other governmental
authority.
. To the best of the knowledge of the person signing the response, the respondent, its affiliates,
subsidiaries, directors, officers, and employees are not currently under investigation by any
governmental authority and have not in the last ten (10) years been convicted or found liable for any act
prohibited by law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any
public contract.
. Respondent currently has no delinquent obligations to the State, including a claim by the State for
liquidated damages under any other contract.
. The submission is made in good faith and not pursuant to any agreement or discussion with. or
inducement from, any firm or person to submit a complementary or other noncompetitive response
. The prices and amounts have been arrived at independently and without consultation, communication,
or agreement with any other respondent or potential respondent; neither the prices nor amounts, actual
or approximate, have been disclosed to any respondent or potential respondent, and they will not be
disclosed before the solicitation opening,
. The respondent has fully informed the Buyer in writing of all convictions of the firm, its affiliates (as
defined in section 287,133(1) (a) of the Florida Statutes), and all directors, officers, and employees of
the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract for
violation of any state or federal law involving fraud, bribery, collusion, conspiracy or material
misrepresentation with respect to a public contract. This includes disclosure of the names of current
employees who were convicted of contract crimes while in the employ of another company.
. Neither the respondent nor any person associated with it in the capacity of owner. partner, director.
officer, principal, investigator, project director, manager, auditor, or position involving the administration
of federal funds:
o Has within the preceding three years been convicted of or had a civil judgment rendered against
them or is presently indicted for or otherwise criminally or civilly charged for: commission of fraud or
9
a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state,
or local government transaction or public contract; violation of federal or state antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property; or
o Has within a three-year period preceding this certification had one or more federal, state, or local
government contracts terminated for cause or default.
. The product offered by the respondent will conform to the specifications without exception.
. The respondent has read and understands the Contract terms and conditions, and the submission is
made in conformance with those terms and conditions.
. If an award is made to the respondent, the respondent agrees that it intends to be legally bound to the
Contract that is formed with the State.
. The respondent has made a diligent inquiry of its employees and agents responsible for preparing,
approving, or submitting the response, and has been advised by each of them that he or she has not
participated in any communication, consultation, discussion, agreement, collusion, act or other conduct
inconsistent with any of the statements and representations made in the response.
. The respondent shall indemnify, defend, and hold harmless the Buyer and its employees against any
cost, damage, or expense which may be incurred or be caused by any error in the respondent's
preparation of its bid.
. All information provided by, and representations made by, the respondent are material and important
and will be relied upon by the Buyer in awarding the Contract. Any misstatement shall be treated as
fraudulent concealment from the Buyer of the true facts relating to submission of the bid. A
misrepresentation shall be punishable under law, including, but not limited to, Chapter 817 of the
Florida Statutes.
2.10 Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any manufacturers'
names, trade names, brand names, information or catalog numbers listed in a specification are descriptive, not
restrictive. With the Buyer's prior approval, the Contractor may provide any product that meets or exceeds the
applicable specifications. The Contractor shall demonstrate comparability, including appropriate catalog
materials, literature, specifications, test data, etc. The Buyer shall determine in its sole discretion whether a
product is acceptable as an equivalent.
2.11 Performance Qualifications. The Buyer reserves the right to investigate or inspect at any time whether
the product, qualifications, or facilities offered by Respondent meet the Contract requirements. Respondent
shall at all times during the Contract term remain responsive and responsible. In determining Respondent's
responsibility as a vendor, the agency shall consider all information or evidence which is gathered or comes to
the attention of the agency which demonstrates the Respondent's capability to fully satisfy the requirements of
the solicitation and the contract.
Respondent must be prepared, if requested by the Buyer, to present evidence of experience, ability, and
financial standing, as well as a statement as to plant, machinery, and capacity of the respondent for the
production, distribution, and servicing of the product bid. If the Buyer determines that the conditions of the
solicitation documents are not complied with, or that the product proposed to be furnished does not meet the
specified requirements, or that the qualifications, financial standing, or facilities are not satisfactory, or that
performance is untimely, the Buyer may reject the response or terminate the Contract. Respondent may be
disqualified from receiving awards if respondent, or anyone in respondent's employment, has previously failed
to perform satisfactorily in connection with public bidding or contracts. This paragraph shall not mean or imply
that it is obligatory upon the Buyer to make an investigation either before or after award of the Contract, but
should the Buyer elect to do so, respondent is not relieved from fulfilling all Contract requirements.
2.12 Public Opening. Responses shall be opened on the date and at the location indicated on the Timeline.
Respondents may, but are not required to, attend. The Buyer may choose not to announce prices or release
other materials pursuant to s. 119.071 (1) (b), Florida Statutes. Any person requiring a special accommodation
because of a disability should contact the Procurement Officer at least five (5) workdays prior to the solicitation
10
opening. If you are hearing or speech impaired, please contact the Buyer by using the Florida Relay Serves ::11
(800) 955-8771 (TDD)
2.13 Electronic Posting of Notice of Intended Award. Based on the evaluation. on the date indicated on the
Timeline the Buyer shall electronically post a notice of mtended award at
http://fcn.state.fl.us/owa vbs/owa/vbs www.main menu. If the notice of award is delayed, In lieu of posting the
notice of intended award the Buyer shall post a notice of the delay and a revised date for posting the notice of
intended award. Any person who is adversely affected by the decision shall file with the Buyer a notice of
protest within 72 hours after the electronic posting. The Buyer shall not provide tabulations or notices of award
by telephone.
2.14 Firm Response. The Buyer may make an award within sixty (60) days after the date of the opening
during which period responses shall remain firm and shall not be withdrawn. If award is not made within sixty
(60) days, the response shall remain firm until either the Buyer awards the Contract or the Buyer receives from
the respondent written notice that the response is withdrawn. Any response that expresses a shorter duration
may, in the Buyer's sole discretion, be accepted or rejected.
2.15 Clarifications/Revisions. Before award, the Buyer reserves the right to seek clarifications or request
any information deemed necessary for proper evaluation of submissions from all respondents deemed eligible
for Contract award. Failure to provide requested information may result in rejection of the response.
2.16 Minor Irregularities/Right to Reject. The Buyer reserves the right to accept or reject any and all bids. or
separable portions thereof, and to waive any minor irregularity, technicality, or omission if the Buyer
determines that doing so will serve the State's best interests. The Buyer may reject any response not
submitted in the manner specified by the solicitation documents.
2.17 Contract Formation. The Buyer shall issue a notice of award, if any, to successful respondent(s),
however, no contract shall be formed between respondent and the Buyer until the Buyer signs the Contract.
The Buyer shall not be liable for any costs incurred by a respondent in preparing or producing its response or
for any work performed before the Contract is effective
2.18 Contract Overlap. Respondents shall identify any products covered by this solicitation that they are
currently authorized to furnish under any state term contract. By entering into the Contract, a Contractor
authorizes the Buyer to eliminate duplication between agreements in the manner the Buyer deems to be in its
best interest.
2.19 Public Records. Article 1, section 24, Florida Constitution, guarantees every person access to all public
records, and Section 119.011, Florida Statutes, provides a broad definition of public record. As such all
responses to a competitive solicitation are public records unless exempt by law. Any respondent claiming that
its response contains information that is exempt from the public records law shall clearly segregate and mark
that information and provide the specific statutory citation for such exemption
2.20 Protests. Any protest concerning this solicitation shall be made in accordance with sections 120.57(3)
and 287.042(2) of the Florida Statutes and chapter 28-110 of the Florida Administrative Code. Questions to the
Procurement Officer shall not constitute formal notice of a protest. It is the Buyer's intent to ensure that
specifications are written to obtain the best value for the State and that specifications are written to ensure
competitiveness, fairness, necessity and reasonableness in the solicitation process.
Section 120.57(3)(b), F.S. and Section 28-110.003, Fla. Admin. Code require that a notice of protest of
the solicitation documents shall be made within seventy-two hours after the posting of the solicitation.
Section 120.57(3)(a), F.S. requires the following statement to be included in the solicitation: "Failure to file a
protest within the time prescribed in section 120.57(3), Florida Statutes, shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes."
11
Section 28-110.005, Fla. Admin. Code requires the following statement to be included in the solicitation:
"Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, or failure to post the
bond or other security required by law within the time allowed for filing a bond shall constitute a waiver of
proceedings under Chapter 120, Florida Statutes."
2.21 Limitation on Vendor Contact with Agency during Solicitation Period. Respondents to this
solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the
end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays,
Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any
aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation
documents. Violation of this provision may be grounds for rejecting a response.
12
Section 3.0
SPECIAL INSTRUCTIONS To RESPONDENTS
CONTENTS:
3.1 CONTACT PERSON
3.2 TERMS AND CONDITIONS
3.3 DEFINITIONS
3.4 WHO MAY RESPOND
3.5 MYFLORIDAMARKETPLACE SOLICITATION OVERVIEW
3.6 AMENDMENTS OR ADDENDUMS TO THE SOLICITATION DOCUMENTS
3.7 ESTIMATED QUANTITIES
3.8 SUBMITTAL OF RESPONSE
3.9 EVALUATION CRITERIA
3.10 BASIS FOR AWARD
3.11 STATE OBJECTIVES
3.12 LOBBYING
[The remainder of this page is intentionally left blank (other than footer information)]
13
3.1 Contact Person:
Refer ALL Inquiries to:
David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP~
PURCHASING ANALYST
DIVISION OF STATE PURCHASING
DEPARTMENT OF MANAGEMENT SERVICES
4050 ESPLANADE WAY, SUITE 360
TALLAHASSEE, FL 32399-0950
(850) 921-4072 (voice)
(850)414-6122 (facsimile)
David. Bennett@dms.mvflorida.com
Please Note: All solicitation related Questions must be submitted through the MyFloridaMarketPlace
Sourcing Tool Q&A Board per Section 2.5; MyFloridaMarketPlace System questions may be answered in
the solicitation document, Section 3.5. Any additional technical questions related to the
MyFloridaMarketPlace system can be directed to the MyFloridaMarketPlace Customer Service Desk at
866-FLA-EPRO (866-352-3776) or vendorhelp@mvfloridamarketplace.com.
3.2 Terms and Conditions Potential Respondents are encouraged to carefully review all the materials
contained herein and prepare Responses accordingly.
All Responses are subject to the requirements, specifications, terms, and conditions of the following
sections of this solicitation, which, in case of conflict, shall have the order of precedence listed:
. Section 1.0, Introduction
. Section 6.0, Technical Specifications
. Section 5.0, Special Conditions
. Section 4.0, General Contract Conditions [PUR 1000 (10106)]
. Section 3.0, Special Instructions to Respondents
. Section 2.0, General Instructions to Respondents [PUR 1001 (10106)]
. Section 7.0, Price Sheet and Forms
The Department objects to and shall not consider any additional terms or conditions submitted by a
Respondent, including any appearing in documents attached as part of a Respondent's Response. In
submitting its Response, the Respondent agrees that any additional terms or conditions, whether
submitted intentionally or inadvertently, shall result in the disqualification of the Respondent's
Response for any offers associated with the additional terms or conditions. Failure to comply with the
solicitation requirements, specifications, terms, and conditions, including those specifying information
that must be submitted with a Response, shall be grounds for rejecting a Response.
This Section, 3.2, supersedes and replaces Section 2.4, Terms and Conditions.
3.3 Definitions The Definitions found and referenced in the General Instructions to Respondents
[PUR1001 (10106)], Section 2.1, and General Contract Conditions [PUR1000 (10106)], Section 4.1, shall
apply to this Section. The following additional terms are also defined:
(a) "State" means the State of Florida.
(b) "Department" means the Florida Department of Management Services.
(c) "Procurement Officer", "Contract Manager", or "Contract Administrator" means the Buyer's
contracting personnel, as identified in Section 3.1 or as amended by the Department.
14
(d) "Eligible User" is defined in 60A-1.005 F.A C The following entities are eligible users
1. All governmental agencies, as defined in Section 163.3164. F S which have a physical
presence within the State of Florida;
2. Any independent, non-profit college or university that is located within the State of Florida
and is accredited by the Southern Association of Colleges and Schools. Specific Authority
287.042 (12) F.S. Law Implemented 287.012 (12) F S History - New 8-24-04
Section 287.056 of the Florida Statutes governs agencies' use of the Contract. Others may
seek Department approval under section 287.042(2)(a) as an eligible user of the Contract
(e) "Vendor(s)" means the entity that believes itself capable and is in the business of providmg a
Commodity and / or contractual service similar to those within the solicitation and mayor may
not respond to the solicitation.
(f) "Contractor(s)" means the Respondent that has been awarded and contracts to sell
Commodities and / or contractual services, which meet the requirements, specifications terms.
and conditions herein, to an Eligible User.
(g) "Dealer(s)" or "Certified Representative(s)" means a representative authorized to market. sell.
and service specific Commodities such as gasoline and diesel.
(h) "Commodity(ies)" means a tangible good, which mayor may not meet the specifications herein
(i) "Commodity Code(s)" means the State of Florida specified numeric code for classifying
Commodities and contractual services which meet specific requirements. specifications. terms
and conditions herein.
3.4 Who May Respond The Department will accept Responses from capable suppliers, who are m good
standing with the State of Florida, satisfying the requirements, specifications, terms. and conditions of
the solicitation documents. To be eligible for award, a Respondent shall have the demonstrated
capability to perform a Contract in the State of Florida. Full-service office with business hours of 8:00
A.M. E.ST to 5:00 P.M. E.ST weekdays (minimum) and with staff capable of handling inquiries and
orders on-location during those business hours (including lunch hour).
By submitting a Response, each Respondent certifies that it satisfies all criteria specified In the
solicitation documents. The Department may request, and the Respondent shall provide, supporting
information and / or documentation. Failure to supplv supporting information and / or
documentation as reQuired and I or reQuested will result in diSQualification of the Response.
3.5 MyFloridaMarketPlace Solicitation Overview_The Department uses the MyFloridaMarketPlace
System ("MFMP") to receive Responses to solicitations electronically.
3.5.1 MvFloridaMarketPlace Vendor Registration Application Vendors must have a revised,
current, and complete Vendor Registration Application identified on the MyFloridaMarketPlace
Vendor Registration System at: https://vendor.mvfloridamarketplace.coml. If you have not
registered, please be advised that a minimum of forty-eight (48) hours will be required for
access to the Sourcing Tool. Completion of this registration is mandatory for those vendors who
wish to submit a Response.
15
3.5.2 3.5.2 MYFloridaMarketPlace Sourcina Tool Trainina This solicitation will be conducted
using the MyFloridaMarketPlace Sourcing Tool at: http://sourcinq.mvfloridamarketplace.com/.
Optional training on how to respond to this solicitation electronically is offered at:
http://marketplace.mvtlorida.com/vendor/vendorsolicitationhelp.htm .
Download and review the document titled "ITS Event User Guide."
. For all technical questions about the Sourcing Tool, Vendors should contact the
MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO (866-352-3776) or:
vendorhelp@mvfloridamarketplace.com.
. For additional information or assistance on using the Sourcing Tool, please visit the
MyFloridaMarketPlace website at the following link:
http://marketplace.mvflorida.com/vendor/vendorsolicitationhelp.htm .
This site includes:
a. Solicitation User Guides
b. On Demand web-based Sourcing training link
c. WinZip FAQs
d. Vendor FAQs
3.5.3 MFMP Sourcina Tool Trainina for Respondents An optional conference call training
session on how to use the MyFloridaMarketPlace Sourcing Tool for this ITS is scheduled on the
date indicated on the Timeline at 10:00AM EST. The Conference Call number is (888) 808-
6959. Conference Code 9214072.
Please go to:
http://dms.mvflorida.com/business operations/state purchasinq/mvtlorida marketplace/mfmp v
endors/vendor toolkitlmfmp sourcinq solicitations
and review the vendor training link and download the document titled Contractor
Training_ITB.ppt. Please have this document open on your desktop while participating on the
call. To participate in the conference call, please call in to the number provided approximately 1
minute before the scheduled time.
No Questions reQardinQ the scope and specifications of this solicitation will be answered on this
conference call!
Additionally, an On-Demand web-based interactive training application to learn how to respond
to an event using the MyFloridaMarketPlace sourcing tool is also available. This is another
opportunity to receive training on how to use MyFloridaMarketPlace Sourcing tool if you cannot
attend the Optional training conference call or want additional guidance. The link is
http://marketplace.mvflorida.com/vendor/vendor traininq.htm click on Responding to Sourcing
Event.
3.5.4 MyFloridaMarketPlace Sourcina Tool Tips When working in the Sourcing Tool, be aware of
the twenty (20) minute time-out function in the Tool. This means that you should save your work
(click the SAVE button) at intervals of less than twenty (20) minutes to ensure your entries since
you last saved are not lost.
Please note that clicking the SAVE button within the Sourcing Tool only saves your solicitation
Responses. The SAVE button does not transmit your solicitation Response to the State.
In order to transmit your solicitation Response to the State, you must click the SUBMIT button
on the SUMMARY page of the solicitation Response.
16
After clicking the SUBMIT button, it IS the Respondent's responsibility to check anv
submitted Response within the Sourcing Tool to verify that the Response is accurateiy
and completely captured within the Sourcing Tool. Respondents must do this whiie
there is sufficient time remaining in the solicitation period in the event \fOU discover3r1
error and need to resubmit a revised Response
To validate your Response, you should do the following before the solicitation penod
ends
. Go to the "My Bids / My Responses" tab within the Sourcing Tool after you
submitted your Response.
. Click on the Response 10 number of your last submitted Response
. Review entire Response to make sure all responses are complete, accurate, and
as you intended to submit.
. Minimum areas to check are:
. Text boxes - Is your entire answer viewable?
. Yes/No questions - Is the displayed answer correct?
. All uploaded document files - Can you open attached document(s) and clearly view
entire content? Does the content of the file(s) match your Response within the Tool
(e.g., not an earlier version, incomplete copy, or working copy)?
. Pricing and Other Information - Are all Prices and other information you intended to
submit visible and accurately captured within Sourcing Tool?
. Required Items - Are all items listed in the solicitation completed as required within the
Sourcing Tool?
DO NOT RELY ON THE MYFLORIDAMARKETPLACE SOURCING TOOL'S TIME
REMAINING CLOCK. THE OFFICIAL SOLICITATION CLOSING TIME SHALL BE AS
REFLECTED IN SECTION 1.2, TIMELlNE. The response deadline(s) shall be as reflected in
Section 1.2, Timeline, of this solicitation. The MyFloridaMarketPlace Sourcing Tool's time
remaining clock is not the official submission date and time deadline, it is intended only to
approximate the solicitation closing and may require periodic adjustments.
It is stronaly recommended to submit your Response as earlY as possible. You should
allow time to receive any reauested assistance and to receive verification of your
submittal: waitina until the last hours of the solicitation could impact the timely submittal
of your Response.
3.5.5 MyFloridaMarketPlace and Vendor Bid Svstem Email Notification Vendors are reminded that
the Sourcing Tools' Email Notifications are an option provided as a courtesy. The State of Florida i~ not
under any obligation and does not guarantee that Vendors will receive Email Notifications concerning the
posting, amendment or close of solicitations. Vendors are responsible for checkin2: the
MvFloridaMarketPlace Sourcin2: Tool and the Vendor Bid System for information and updates
concernin2: solicitations.
3.6 Amendments or Addendums to the Solicitation Documents The Department reserves the right to
issue Amendments or Addendums to the solicitation. Notice of any Amendment or Addendum will be
posted within MyFloridaMarketPlace and I or the Vendor Bid System. Such notice, if required, will
contain the appropriate details for identifying and reviewing the formal notices and / or changes to the
solicitation. Each Vendor is responsible for monitoring the MyFloridaMarketPlace Sourcing Tool and
the Vendor Bid System sites for new or changing information concerning the solicitation
l'
, (
3.7 Estimated Quantities To assist Respondents in the solicitation process, average estimated annual
historical spend information is provided. Spend information is based on FY 07/08 data. This figure
shall not be construed as commitments.
. Estimated Annual Usage: 10 million aallons
The above figure reflects estimated annual spend generated by Eligible Users of past contracts for
similar Commodities and / or contractual services and is not a commitment.
Additional estimations of usage, quantity, volume, weight, spend, and / or other estimates may be
provided by the Department in the solicitation documents. The figures provided are to assist
Respondents in the solicitation process and / or to assist the Department in evaluating, measuring, and
/ or scoring Responses to the solicitation and shall not be construed as commitments.
3.8 Submittal of Response
3.8.1 Submittal of Offer_Respondents will submit their offers via the MyFloridaMarketPlace Sourcing
Tool (httDs:/IsourcinQ.mvfloridamarketDlace.com/). The Response shall include all appropriate
pricing, discounts, documents, forms, files, question responses, and information responses
located within the MyFloridaMarketPlace Sourcing Tool for the solicitation. All required or
requested pricing, discounts, documents, forms, files, question responses, and information
responses will be entered electronically in the MyFloridaMarketPlace Sourcing Tool during this
solicitation as indicated.
In the event the Respondent submits more than one Response in the MyFloridaMarketPlace
Sourcing Tool, only the last Response received by the system shall be considered for award.
Previous Responses will not be visible to the State of Florida. Responses not submitted within
the MyFloridaMarketPJace Sourcing Tool shall be rejected. The System will require
Respondents to review the Solicitation Preparation Checklist (Section 7.1) and confirm that they
have completed all required activities before receiving the offer. The Solicitation Preparation
Checklist does not relieve the Respondent of responsibility for ensuring that all requirements of
the solicitation are included with the solicitation Response. The Solicitation Preparation
Checklist does not have to be provided with the Response.
Each Respondent is responsible for ensuring that their offer is accurately and completely
submitted before the Solicitation Responses Due Date and Time noted on the Timeline in
Section 1.2 of the solicitation. The Department shall not consider late offers and the System will
NOT accept offers after the Solicitation Responses Due Date and Time specified in the
Timeline. The Response must be accurate. complete, and submitted in the
MyFloridaMarketPlace Sourcina Tool. or as otherwise provided in the solicitation
documents, by the date and time specified on the Timeline or the Response shall be
deemed non-responsive.
3.8.2 Price Sheet_Responses will be submitted in Pricing Section in the Sourcing Tool Sheet, .
3.8.3 Savings I Price Reductions_Respondent shall submit one (1) accurately completed Savings I
Price Reductions form (Section 7.3) entered electronically in the MyFloridaMarketPlace
Sourcing Tool with their Response containing the required savings information for each
Commodity offered and a method(s) for the Department to verify the savings information
provided. Failure to provide the Savinas I Price Reductions form with the Response may
result in the Respondent beina deemed non-responsive.
3.8.4 Ordering Instructions_Respondent shall submit one (1) completed Ordering Instructions Form
(contained within Section 7.2, Price Sheet) with their Response identifying persons responsible
for answering questions about the Response and administering the Contract, if awarded, and
18
shall provide information necessary for placing orders under the Contract. if awardec1rie
Ordering Instructions Form will be submitted with their response to the Depal1ment
electronically using the MyFloridaMarketPlace Sourcing Tool. per Section 38 1 the
solicitation. Failure to provide the Orderina Instructions Form with the Response will
result in the Respondent beina deemed non-responsive.
3.9 Evaluation Criteria_The Department shall evaluate eligible responsive offers Responses that do noi
meet all requirements of the solicitation or fail to provide all required information, documents. or
materials may be rejected as non-responsive. Respondents whose responses, past performance. ur
current status do not reflect the capability, integrity or reliability to fully and in good faith perform the
requirements of a Contract may be rejected as non-responsible. The Department reserves the right to
determine which Responses meet the requirements of this solicitation and which Respondents are
responsive and responsible.
3.10 Basis for AwardJhe Department intends awards to one or more (not to exceed three) responsive iow
bidders on a county by county basis for each item number listed on the Price Sheets.
3.11 State Objectives_Within thirty (30) calendar days following award of the Contract, if awarded, the
successful Respondent shall submit plans addressing each of the State's five (5) objectives listed
below, to the extent applicable to the items I services covered by this solicitation
3.11.1 Diversitv The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority-, women-, and service-disabled veteran
business enterprises in the economic life of the State. The State of Florida Mentor Protege
Program connects minority-, women-, and service-disabled veteran business enterprises with
private corporations for business development mentoring. We strongly encourage firms doing
business with the State of Florida to consider this initiative. For more information on the Mentor
Protege Program, please contact the Office of Supplier Diversity at (850) 487 -0915
The State is dedicated to fostering the continued development and economic growth of small.
minority-, women-, and service-disabled veteran business enterprises. Participation by a
diverse group of Vendors doing business with the State is central to this effort. To this end, It is
vital that small, minority-, women-, and service-disabled veteran business enterprises participate
in the State's procurement process as both Contractors and Sub-Contractors in this solicitation
Small, minority-, women-, and service-disabled veteran business enterprises are strongly
encouraged to contribute to this solicitation
The Contractor shall submit documentation addressing diversity and describing the efforts being
made to encourage the participation of small, minority-, women-, and service-disabled veteran
business enterprises.
Information on Certified Minority Business Enterprises (CMBE) and Certified Service-Disabled
Veteran Business Enterprises (CSDVBE) is available from the Office of Supplier Diversity at
http://dms.myflorida.com/other proqrams/office of supplier diversity osd/.
Quarterly Reports of revenue paid to certified W/MBE and certified SDVBE Contractors (agents
or Sub-Contractors) as a result of any award shall be provided to the Agency Purchasing Office
by the Prime Contractor on an Agency by Agency (or other Eligible User) level
3.11.2 Environmental Considerations The State supports and encourages initiatives to protect and
preserve our environment. The Contractor shall submit as part of any response the Contractor's
plan to support the procurement of products and materials with recycled content, and the intent
of Section 287,045, Florida Statutes. The Contractor shall also provide a plan for reducing and
1 Q
or handling of any hazardous waste generated by Contractor's company. Reference Rule 62-
730.160, Florida Administrative Code. It is a requirement of the Florida Department of
Environmental Protection that a generator of hazardous waste materials that exceeds a certain
threshold must have a valid and current Hazardous Waste Generator Identification Number.
This identification number shall be submitted as part of Contractor's explanation of its
company's hazardous waste plan and shall explain in detail its handling and disposal of this
waste.
3.11.3 Certification of Druo-Free Workplace Proaram The State supports and encourages initiatives
to keep the workplaces of Florida's Suppliers and Contractors drug free. Section 287.087 of the
Florida Statutes provides that, where identical tie responses are received, one preference shall
be given to a response received from a Respondent that certifies it has implemented a drug-free
workforce program. If applicable, Respondent shall certify that the Respondent has a drug-free
workplace program using the Certification of Drug-Free Workplace form included in Section 7.6
of the solicitation. The Contractor shall describe how it will address the implementation of a
drug free workplace in offering the items of the solicitation.
3.11.4 Products Available from the Blind or Other Handicapped (RESPECT) The State supports
and encourages the gainful employment of citizens with disabilities. It is expressly understood
and agreed that any articles that are the subject of, or required to carry out, this Contract shall
be purchased from a nonprofit agency for the blind or for the severely handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in Section 413.036(1) and (2), Florida Statutes; and for purposes of this
Contract the person, firm, or other business entity carrying out the provisions of this Contract
shall be deemed to be substituted for the state agency insofar as dealings with such qualified
nonprofit agency are concerned. Additional information about the designated nonprofit agency
and the products it offers is available at http://www.respectofflorida.orQ.
The Contractor shall describe how it will address the use of RESPECT in offering the items of
the solicitation.
3.11.5 Prison Rehabilitative Industries and Diversified Enterprises. Inc. (PRIDE) The State
supports and encourages the use of Florida correctional work programs. It is expressly
understood and agreed that any articles which are the subject of, or required to carry out, this
Contract shall be purchased from the corporation identified under Chapter 946, F.S., in the
same manner and under the same procedures set forth in Section 946.515(2), and (4), F.S.;
and for purposes of this contract the person, firm, or other business entity carrying out the
provisions of this Contract shall be deemed to be substituted for this agency insofar as dealings
with such corporation are concerned. Additional information about PRIDE and the products it
offers is available at http://www.pridef\.com.
The Contractor shall describe how it will address the use of PRIDE in offering the items of the
solicitation.
3.12 Lobbying Please reference Section 2.21 Limitation on Vendor Contact with Agency During Solicitation
Period.
Respondents are advised that the following will be included in the Contract for these services: In
accordance with Section 216.347, Florida Statutes, and as provided herein, the Contractor may not
expend any State funds for the purpose of lobbying the legislature, the judicial branch, the executive
branch, or any State Agency.
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SECTION 4.0
GENERAL CONTRACT CONDITIONS rpUR1000 (10/06)1
CONTENTS:
4.1 DEFINITIONS.
4.2 PURCHASE ORDERS.
4.3 PRODUCT VERSION.
4.4 PRICE CHANGES ApPLICABLE ONLY TO TERM CONTRACTS.
4.5 ADDITIONAL QUANTITIES.
4.6 PACKAGING.
4.7 INSPECTION AT CONTRACTOR'S SITE.
4.8 SAFETY STANDARDS.
4.9 AMERICANS WITH DISABILITIES ACT.
4.1 0 LITERATURE.
4.11 TRANSPORTATION AND DELIVERY.
4.12 INSTALLATION.
4.13 RISK OF Loss.
4.14 TRANSACTION FEE.
4.15 INVOICING AND PAYMENT.
4.16 TAXES.
4.17 GOVERNMENTAL RESTRICTIONS.
4.18 LOBBYING AND INTEGRITY.
4.19 INDEMNIFICATION.
4.20 LIMITATION OF LIABILITY.
4.21 SUSPENSION OF WORK.
4.22 TERMINATION FOR CONVENIENCE.
4.23 TERMINATION FOR CAUSE.
4.24 FORCE MAJEURE, NOTICE OF DELAY, AND No DAMAGES FOR DELAY.
4.25 CHANGES.
4.26 RENEWAL.
4.27 PURCHASE ORDER DURATION.
4.28 ADVERTISING.
4.29 ASSIGNMENT.
4.30 ANTITRUST ASSIGNMENT.
4.31 DISPUTE RESOLUTION.
4.32 EMPLOYEES, SUBCONTRACTORS, AND AGENTS.
4.33 SECURITY AND CONFIDENTIALITY.
4.34 CONTRACTOR EMPLOYEES, SUBCONTRACTORS, AND OTHER AGENTS.
4.35 INSURANCE REQUIREMENTS.
4.36 WARRANTY OF AUTHORITY.
4.37 WARRANTY OF ABILITY TO PERFORM.
4.38 NOTICES.
4.39 LEASES AND INSTALLMENT PURCHASES.
4.40 PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED ENTERPRISES, INC. (PRIDE).
4.41 PRODUCTS AVAILABLE FROM THE BLIND OR OTHER HANDICAPPED.
4.42 MODIFICATION OF TERMS.
4.43 COOPERATIVE PURCHASING.
4.44 WAIVER.
4.45 ANNUAL ApPROPRIATIONS.
4.46 EXECUTION IN COUNTERPARTS.
4.47 SEVERABILITY.
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4.1 Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following
additional terms are also defined:
(a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties
to the Contract will be the Customer and Contractor.
(b) "Customer" means the State agency or other entity identified in a contract as the party to receive
commodities or contractual services pursuant to a contract or that orders commodities or contractual services
via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer"
may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms.
(c) "Product" means any deliverable under the Contract, which may include commodities, services, technology
or software.
(d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g.,
a formal written purchase order, electronic purchase order, procurement card, contract or other authorized
means).
4.2 Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase
order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All
purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with
the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and
conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form,
confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A
purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to
incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate
a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the
Florida Statutes.
4.3 Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release
model or version of the product at the time of the order, unless the Customer specifically requests in writing an
earlier model or version and the contractor is willing to provide such model or version.
4.4 Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services,
the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single
orders. Customers should seek to negotiate additional price concessions on quantity purchases of any
products offered under the Contract. State Customers shall document their files accordingly.
(b) Best Pricinq Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the
Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the
same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall
be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in
market conditions, a Contractor may conduct sales promotions involving price reductions for a speCified lesser
period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting
and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then-
authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall
provide conspicuous notice of the promotion.
22
(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. ,t-'. trade-Iii ",hal;
be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair
market value when trading equipment, and to keep accurate records of the process For State agencies It
may be necessary to provide documentation to the Department of Financial Services and to the aqencv
property custodian pursuant to Chapter 273, F S
(e) Equitable Adiustment. The Customer may, in Its sole discretion, make an equitable adjustment if tne
Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility m
the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes
wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the
particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the
VOlatility so affects the Contractor that continued performance of the Contract would result in a substantial lOSS
4.5 Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award the
Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not
to exceed the threshold for Category Two at the prices submitted in the response to the solicitation
4.6 Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking In
appropriate, clearly labeled, shipping containers and according to accepted commercial practice, without extra
charge for packing materials, cases, or other types of containers. All containers and packaging shall become
and remain Customer's property.
4.7 Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with
prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with
Contract requirements and to determine whether they are adequate and suitable for proper and effective
Contract performance.
4.8 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure.
operation by connection to an electric source, or operation involving connection to a manufactured, natural. or
LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector
Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard
organization, where such approvals of listings have been established for the type of device offered and
furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters
Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the
American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all
applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating
to clean air and water pollution.
4.9 Americans with Disabilities Act. Contractors should identify any products that may be used or adapted
for use by visually, hearing, or other physically impaired individuals.
4.10 Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered,
for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
4.11 Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution
and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after
the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify
the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for
Contract cancellation and Contractor suspension.
4.12 Installation. Where installation is required, Contractor shall be responsible for placing and installing the
product in the required locations at no additional charge, unless otherwise designated on the Contract or
purchase order. Contractor's authorized product and price list shall clearly and separately identify any
additional installation charges. All materials used in the installation shall be of good quality and shall be free of
23
defects that would diminish the appearance of the product or render it structurally or operationally unsound.
Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the
product in the proper location. Contractor shall protect the site from damage and shall repair damages or
injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling,
excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to
its original condition. Contractor shall perform installation work so as to cause the least inconvenience and
interference with Customers and with proper consideration of others on site. Upon completion of the
installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed
condition, with everything in satisfactory repair and order.
4.13 Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F .S. Until acceptance,
risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing,
processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer
shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report
damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading
and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the
premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or
non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor
within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to
dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in
storing or effecting removal or disposition of rejected product.
4.14 Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide
eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all
payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay
to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall,
when possible, be automatically deducted from payments to the Contractor. If automatic deduction is
not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031 (2), F.A.C. By
submission of these reports and corresponding payments, Contractor certifies their correctness. All
such reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of
any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the
Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is
rejected or returned, or declined, due to the Contractor's failure to perform or comply with
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS
DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE
DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.
4.15 Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if
applicable, and the appropriate vendor identification number. The State may require any other information
from the Contractor that the State deems necessary to verify any purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the
Department of Management Services. Current guidelines require that Contractor supply electronic invoices in
lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be
24
submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms
EDI 810, cXML, or web-based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes. which
govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation
errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire
about the status of payments by State Agencies. The Customer is responsible for all payments under the
Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and
shall not relieve the Contractor of its obligations to the Department or to other Customers
4.16 Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal
property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied
on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the
special contract conditions section of the solicitation or in the Contract or purchase order
4.17 Governmental Restrictions. If the Contractor believes that any governmental restrictions have been
imposed that require alteration of the material, quality, workmanship or performance of the products offered
under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific
restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to
cancel the Contract at no further expense to the Customer
4.18 Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section
216.347, FS. The Contractor shall not, in connection with this or any other agreement with the State, directly
or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State
officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a
known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction
or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of
more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans.
subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of
the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of
information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such
information may include, but shall not be limited to, the Contractor's business or financial records, documents
or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for
the longer of (1) three years after the expiration of the Contract or (2) the period required by the General
Records Schedules maintained by the Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/qenschedules/qensched.htm). The Contractor agrees to reimburse the State for
the reasonable costs of investigation incurred by the Inspector General or other authorized State official for
investigations of the Contractor's compliance with the terms of this or any other agreement between the
Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall
include, but shall not be limited to: salaries of investigators, including overtime: travel and lodging expenses
and expert witness and documentary fees. The Contractor shall not be responsible for any costs of
investigations that do not result in the Contractor's suspension or debarment.
4.19 Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their
officers, agents, and employees, from suits, actions, damages, and costs of every name and description,
including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible
property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or
subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the State or a Customer
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any
suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or
relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right
25
provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of
Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated
by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the
Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense
procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the
Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the
product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal action are
contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened
action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and
(3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any
cost, expense, or compromise incurred or made by the State or Customer in any legal action without the
Contractor's prior written consent, which shall not be unreasonably withheld.
4.20 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and
regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order
for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase
order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not
apply to claims arising under the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to
another for special, indirect, punitive, or consequential damages, including lost data or records (unless the
contract or purchase order requires the Contractor to back-up data or records), even if the party has been
advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost
institutional operating savings. The State and Customer may, in addition to other remedies available to them
at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The
State may set off any liability or other obligation of the Contractor or its affiliates to the State against any
payments due the Contractor under any contract with the State.
4.21 Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the
Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall
provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such
circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not
accept any purchase orders. Within ninety days, or any longer periOd agreed to by the Contractor, the
Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or
(2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any
additional compensation.
4.22 Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the
Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest
to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as
necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to
recover any cancellation charges or lost profits.
4.23 Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver
the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus
endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory,
regulatory, or licensing requirement. Rule 60A-1.006(3), FAC., governs the procedure and consequences of
default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors
at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises
26
from events completely beyond the control, and without the fault or negligence, of the Contractor. if the faliure
to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely
beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either
the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products
were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule
If, after termination, it is determined that the Contractor was not in default, or that the default was excusable
the rights and obligations of the parties shall be the same as if the termination had been issued for the
convenience of the Customer. The rights and remedies of the Customer in this clause are in addition te any
other rights and remedies provided by law or under the Contract
4.24 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible
for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its
employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public
enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor.
In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause
that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could
occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor
first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice In strict
accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for
an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an
increase in the Contract price or payment of any kind from the Customer for direct. indirect, consequential
impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency
arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance IS
suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the
causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer
determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or
to Customers, in which case the Customer may (1) accept allocated performance or deliveries fronl the
Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the products that are the subject of the delay, WhiCh
purchases may be deducted from the Contract quantity. or (3) terminate the Contract in whole or in part
4.25 Changes. The Customer may unilaterally require, by written order, changes altering, adding to or
deducting from the Contract specifications, provided that such changes are within the general scope of the
Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change
affects the cost or time of performance. Such equitable adjustments require the written consent of the
Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer
may solicit separate bids to satisfy them.
4.26 Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract. in whole
or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer Any
renewal shall specify the renewal price, as set forth in the solicitation response. The renewal must be in writing
and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to
availability of funds.
4.27 Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be
received by the Contractor no later than close of business on the last day of the contract's term to be
considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and
conditions. Purchase orders received by the contractor after close of business on the last day of the state term
or agency contract's term shall be considered void.
27
Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid
through the performance by the Contractor, and all terms and conditions of the state term or agency contract
shall apply to the single delivery/performance, and shall survive the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted
schedule even when such extended delivery will occur after expiration of the state term or agency contract.
For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order
specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the
Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office
within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended
delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended
in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the
state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of services shall not
exceed the expiration of the state term or agency contract by more than twelve months. However, if an
extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the
contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting
such pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all
terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as
provided herein, and shall survive the termination of the Contract.
Ordering offices shall not renew a purChase order issued pursuant to a state term or agency contract if the
underlying contract expires prior to the effective date of the renewal.
4.28 Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any
information concerning the Contract without prior written approval from the Customer, including, but not limited
to mentioning the Contract in a press release or other promotional material, identifying the Customer or the
State as a reference, or otherwise linking the Contractor's name and either a description of the Contract or the
name of the State or the Customer in any material published, either in print or electronically, to any entity that
is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service
representative.
4.29 Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under
the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of
the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the
contract, unless the Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
4.30 Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic
practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida.
Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to
goods, materials or services purchased in connection with the Contract.
4.31 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the
Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the
Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of
receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision
on the petition shalf be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida
Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability
to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative
dispute resolution procedures outlined in Chapter 120.
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Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates
to the Contract shall be the appropriate state court in Leon County, Florida: in any such action. Flonda law
shall apply and the parties waive any right to jury trial
4.32 Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents
performing work under the Contract shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of
qualification. All employees, subcontractors, or agents performing work under the Contract must comply with
all security and administrative requirements of the Customer and shall comply with all controlling laws and
regulations relevant to the services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor.
or agent furnished by the Contractor. The State may refuse access to, or require replacement of. any
personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in
security status, or non-compliance with a Customer's security or other requirements. Such approval shall not
relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may
reject and bar from any facility for cause any of the Contractor's employees, subcontractors. or agents.
4.33 Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United
States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third
parties any confidential information obtained by the Contractor or its agents, distributors, resellers.
subcontractors, officers or employees in the course of performing Contract work, including, but not limited to,
security procedures. business operations information, or commercial proprietary information in the possession
of the State or Customer. The Contractor shall not be required to keep confidential information or material that
is publicly available through no fault of the Contractor, material that the Contractor developed independently
without relying on the State's or Customer's confidential information, or material that is otherwise obtainable
under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to
its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract
4.34 Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all
actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees
of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees,
subcontractors, and other agents receive benefits and necessary insurance (health. workers' compensations
and unemployment) from an employer other than the State of Florida
4.35 Insurance Requirements. During the Contract tenn, the Contractor at its sole expense shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and
maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide
certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as
limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers
authorized or eligible to write policies in Florida.
4.36 Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to
do so and to bind the respective party to the Contract.
4.37 Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there IS no
pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would
in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The
Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant
to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal
government. The Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
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4.38 Notices. All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery to the agency designee identified
in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall
be delivered to the person who signs the Contract. Either designated recipient may notify the other, in
writing, if someone else is designated to receive notice.
4.39 Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in
Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-
purchase agreement in excess of the Category Two amount established by section 287.017 of the
Florida Statutes.
4.40 Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood and agreed that
any articles which are the subject of, or required to carry out, the Contract shall be purchased from the
corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the
same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the
Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed
to be substituted for the agency insofar as dealings with such corporation are concerned." Additional
information about PRIDE and the products it offers is available at http://www.pridefl.com.
4.41 Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the
following statement to be included in the solicitation: "It is expressly understood and agreed that any articles
that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the
Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same
manner and under the same procedures set forth in section 413.036(1) and (2), Florida Statutes; and for
purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency
are concerned." Additional information about the designated nonprofit agency and the products it offers is
available at http://www.respectofflorida.orq.
4.42 Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Customer and the Contractor. The
Contract may only be modified or amended upon mutual written agreement of the Customer and the
Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the
Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid
or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by
affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms,
product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or
by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the
Contractor for payment. The Customer's acceptance of product or processing of documentation on forms
furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
4.43 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the
Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein.
Non-Customer purchases are independent of the agreement between Customer and Contractor, and
Customer shall not be a party to any transaction between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the provisions of s.
287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the
requestor's use of the contract is cost-effective and in the best interest of the State.
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4.44 Waiver. The delay or failure by the Customer to exercise or enforce any of its nghts under this Contrac:
shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights nor shall
any single or partial exercise of any such right preclude any other or further exercise thereof or the exerCise Of
any other right
4.45 Annual Appropriations. The State's performance and obligation to pay under this contract are
contingent upon an annual appropriation by the Legislature
4.46 Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument
4.47 Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be
enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other
provisions shall remain in full force and effect
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SECTION 5.0
SPECIAL CONDITIONS
CONTENTS:
5.1 DEFINITIONS
5.2 PERIOD OF AGREEMENT
5.3 CATALOG DATA
5.4 ORDERING INSTRUCTIONS INFORMATION
5.5 TRANSACTION FEE REPORTS
5.6 SALES SUMMARY
5.7 COMPLIANCE WITH LAWS
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5.1 Definitions The Definitions found and referenced in the General Contract Conditions [PU~:i 001.,
(10/06)], Section 4.1. and the Definitions found and referenced in Section 3 3 Definitions. shall aO(,lv
this Section
5.2 Period of Agreement The State Term Contract shall be in effect beginning on the Contract Formation
date, per Section 2.17, and end June 30, 2014. This agreement has the option to renew in accordance
with Section 287.057 (13), F.S.
Renewal is contingent upon satisfactory performance by the Contractor and final approval by the
Department
5.3 Catalog Data The MyFloridaMarketPlace ("MFMP") third-party service provider is responsible for
converting Contract catalog information into a format supported by the System To accomplish this
conversion, the Contractor shall provide certain information in electronic format directly to the Service
Provider (This format is generally Microsoft ExceI™).
Within ten (10) business days of written notice from the Service Provider, Contractor shall provide all
information necessary to facilitate electronic purchases from this Contract Such information may
include, but is not limited to, Contractor Name, Commodity Description (using complete Contract Price
Sheet Description), unit of measure, and Contract Price. Contractor shall provide this information in the
format required by the Service Provider. No costs or expenses associated with providing this
information shall be charged to the Department, Eligible Users, or Service Provider. With the
Contractor's timely assistance, the Service Provider shall create and maintain web-based placement of
the requested Contract information.
5.4 Ordering Instructions Information Completed Ordering Instructions shall be uploaded into Section
7.2, Ordering Instructions.
The Ordering Instructions contained within Section 7.2, Ordering Instructions, will contain current
information relevant to the acquisition of Commodities under the Contract This information shall
include, but not be limited to, the Contractor's name and identifying number with their contact
information; the Contractor's Contract Representative with their contact information, the Contractor's
Remit-To Address, and a list of Department maintained instructions to assist Eligible Users in placing
orders under the Contract
The Contractor shall notify the Department of a requested change to the Ordering Instructions in writing
and received by the Contract Administrator no later than five (5) business days prior to the effective
date of the proposed change. The Department may accept or reject any proposed change, or may
unilaterally amend the Ordering Instructions as it deems is in the best interest of the State and / or will
best assist Eligible Users.
5.5 Transaction Fee Reports: The Contractor is required to submit monthly Transaction Fee Reports In
electronic format For information on how to submit Transaction Fee Reports online, please reference
the detailed fee reporting instructions and Vendor training presentations available online at the
Transaction Fee Reporting and Vendor Training subsections under Vendors on the
MyFloridaMarketPlace website (located at http://dms.mvflorida.com/mfmp). Assistance is also
available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service
Desk at feeprocessinq@mvfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the
hours of 8:00 AM to 5:30 PM Eastern Time.
5.6 Sales Summary Reports
In addition to the MFMP Transaction Fee reporting requirements the following minimum data shall be
reported by the Contractor to the Department on an annual Contract basis:
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. The report shall be in MS Excel (version 2003 or later)
. Contractor's name
. Reporting period
. Format shall include columns for the following information:
. State Agency Name or Eligible User Name
1. Type of fuel
2. Number of gallons
3. Total dollar value of purchases
Failure to provide quarterly reports, including no sales, within thirty (30) calendar days following the end
of each Contract year may result in the Contractor being found in default and the subsequent
cancellation of the Contract by State Purchasing.
Contractor shall report to the Department its Contract-associated spend with both certified and non-
certified minority business enterprises (CMBE and MBE's). Reports must include the period covered;
the name, minority code, and Federal Employer Identification Number of each MBE utilized during the
period; commodities and services provided by the (C)MBE; and the amount paid to each (C)MBE on
behalf of each purchasing agency ordering under the terms of this Contract.
Submission of Contract Sales Summaries is the responsibility of the Contractor, without prompting or
notification by the Purchasing Analyst. The Contractor will submit the completed Contract Sales
Summary forms by email to the Contract Manager. The Department shall distribute, in electronic
format, the Contract Sales Summary forms to be used by the awarded Contractor upon Contract
signature.
5.7 Compliance with Laws The Contractor shall comply with all Jaws, rules, codes, ordinances, and
licensing requirements that are applicable to the conduct of its business, including those of Federal,
State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter
287 of the Florida Statutes and Chapter 60A-1 of the Florida Administrative Code govern the Contract.
By way of further non-exhaustive example, the Contractor shall comply with section 247 A( e) of the
Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against
discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or
veteran's status. Violation of such laws shall be grounds for Contract termination.
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34
SECTION 6.0
TECHNICAL SPECIFICATIONS
Contents
6.01 Definitions
6.02 Deliverables
6.03 Scope of Work
6.04 Fuel Sites and Accessibility
6.05 Delivery of Fuel
6.06 Fault and Responsibility
6.07 Measurements
6.08 Fuel Terminals
6.09 Minimum Delivery
6.10 Prices
6.11 Markup
6.12 Allowable Charges
6.13 Invoicing and Payment
6.14 Maintenance
6.15 Taxes
6.16 DTN FastRacks
6.17 Fuel Permits
6.18 Schedule and Damages
6.19 Federal and State Standards
6.20 Specifications
6.1 Definitions: The Parties agree that capitalized terms shall have the meaning ascribed below:
"Biodiesel" shall mean an alternative Fuel consisting of an ultra low sulfur no. 2 diesel fuel and a
requested blend of soybean oil.
"BQ-9000@" a cooperative and voluntary program for the accreditation of producers and marketers of
biodiesel fuel created by the National Biodiesel Accreditation Program.
"DTN FastRacks Averages" shall mean the fuel pricing service provided by the Data Transmission
Network, an industry benchmark for pricing Fuel and other commodities. This Contract shall use the
dailv rack averaqes as established by the DTN FastRacks Averages. Fuel prices are listed for
terminals by regions in reports called PAD Reports. The State of Florida uses terminals listed in the
PAD 1 Report (DTN Fastracks). Fuel terminals are more particularly detailed in section 6.08
"Fuel" shall mean any Fuel product obtained through this Contract. Fuel product shall include
unleaded E10 gasoline, Ultra Low Sulfur no. 2 diesel, Ultra Low Sulfur no. 2 off road. dyed diesel and
biodiesel to be delivered to State and Customer facilities as defined in section 6.09
"Markup" shall mean the Contractor's price to cover all costs associated with providing Fuel to State
and Customer facilities as more particularly detailed in section 6.10. Markup will mean both positive
and negative numbers. Markups may differ based on where the Fuel is obtained according to the Fuel
terminals and actual type of Fuel ordered. Markup for Fuel shall be on a price per gallon basis The
Contractor shall assess no other fees associated with the delivery of Fuel except as more particularly
detailed in section 6.12.
35
"Transport Delivery" shall mean a delivery by a transport truck with a minimum delivery of 8,000
gallons for gasoline, 7,200 gallons for diesel and 7,200 gallons for a combination load of gasoline and
diesel.
6.2 Deliverables: The Contractor shall deliver the following product, as more particularly detailed in
sections 6.03 to 6.20.
6.3 Scope of Work: This Contract is to provide Fuel for the State and Customers in the State of Florida.
The Department seeks to improve quality and efficiency of services delivered, improve Customer
services and reduce cost. The Contractor must efficiently provide Fuel to meet the requirements of the
Customer. The bidder must meet the following requirements:
. Fuel will be available to all eligible Customers in the State of Florida. (It is anticipated that
Customers will use approximately 10,000,000 gallons annually under the resulting Contract, if any.)
. Fuel costs will be determined based on the daily DTN FastRacks Averages from the closest
terminal used to service the Customer's facility. Averages are posted in the DTN FastRacks report
distributed each morning. Biodiesel costs will use the above plus the published Monday price for
soybean oil in the Tuesday edition of the Wall Street Journal. Price is more particularly detailed in
section 6.10.
. Markups will be established for each type of Fuel for each county based on the minimum delivery
requirements as detailed in section 6.09. Customer facilities, located in each county, will use the
same Markups based on their requirements. Markup for Fuel shall be based on a price per gallon
basis.
. Fuel costs shalf exclude any taxes and/or fees that the Customer is exempt from paying. All Fuel
costs will include the DTN FastRacks Averages, the Contractor's Markup and all applicable taxes
and/or petroleum associated fees allowed. Other service/delivery charges may apply as detailed in
sections 6.10 and 6.12.
. The invoice price shall reflect the actual date of delivery.
6.04 Fuel Sites and Accessibility: All Customer tanks shalf be properly equipped to enable Contractor to
safely deliver Fuel. The Contractor shall notify Customer of all situations that may be deemed unsafe.
A Contractor may refuse to deliver Fuel to an unsafe Fuel site until the safety issue is resolved. A back
haul charge may apply if a Contractor attempts to deliver Fuel and the Fuel site is deemed unsafe. The
Customer shall be responsible for having proper equipment installed. Customer shall work with
Contractor making a delivery to assure that the Contractor has proper accessibility to all tanks being
fueled. Customer may be subject to an excessive delay charge if Contractor has to wait more than 30
minutes to begin Fuel delivery. These charges are listed in section 6.12.
6.05 Delivery of Fuel: Fuel is to be delivered to the Customer's tank(s) within 48 hours after telephone
notification is received unless specified otherwise by the Customer. For new accounts, the Contractor
will be allowed additional time to enter all required account information into their ordering/billing system
to establish the new account. This time will be agreed upon by the Customer and the Contractor. The
State prefers that vehicles equipped with meters make delivery. If non-metered vehicles are used, the
driver shall leave a metered loading report from the terminal with the Customer. If temperature
corrected billing is used, the loading report shall give all pertinent information. Customer may be
subject to a service charge if request is for same day delivery. This charge is listed in section 6.12.
Before unloading of Fuel begins, Customer personnel and Contractor personnel shall measure the
Customer's tank(s) to receive Fuel and shall again measure the tank(s) after delivery. Customer may
be subject to a back haul charge if the Customer orders more Fuel than the Customer's tank(s) can
hold upon delivery and a portion of the Fuel ordered has to be returned. This charge is listed in section
6.12.
36
Scheduled delivery service is for delivery of Fuel by the Contractor to the Customers tank(s) Undel ih
time frame as agreed upon by the Contractor and Customer
6.06 Fault And Responsibility: The party at fault will be responsible for all direct costs incurred to correct a
problem. Problems may include but not limited to misorders by Customer, Fuel spills, delivering wrong
Fuel to Customer by Contractor. cross-fueling by Contractor at Customer's facility, etc,
6.07 Measurements: Customary measurements appearing in these specifications are not intended to
preclude bids for commodities with metric measurements.
6.08 Fuel Terminals: Price will be determined using the DTN FastRacks Average price for the closest
appropriate terminal, on the date of delivery to the Customer, regardless of when or where the
Contractor actually obtained Fuel. The following terminals are used to refer to the DTN FastRacks
Average prices:
. Jacksonville
. Miami
. Orlando
. Panama City
. Pensacola
. Tampa
. Bainbridge, GA
6.09 Minimum Delivery: Minimum delivery on this Contract shall 8,000 gallons for a Transport Delivery for
gasoline; 7,200 gallons for a Transport Delivery for diesel; and 7,200 gallons for a combination load
Transport Delivery of gasoline and diesel.
6.10 Prices: Prices shall be submitted on Customer invoices as follows:
Fuel Cost shall be determined by the date and county in which delivery of Fuel is made. Fuel cost
shall include:
o Gasoline and Diesel: Prices will be calculated using the following information.
· DTN FastRacks Average daily price as determined by the closest appropriate terminal for
Fuel.
· Contractor's Markup as determined by the Price Sheet for the county in which delivery of
Fuel is made.
· All applicable Fuel taxes and/or petroleum associated fees as determined by the county in
which delivery of Fuel is made.
· All applicable delivery and/or service charges as allowed.
Biodiesel: Biodiesel prices shall be determined by the date and county in which delivery of Fuel is
made, Biodiesel prices will be calculated using the following information:
· DTN FastRacks Averages daily price as determined by the closest appropriate terminal for
Ultra Low Sulfur no. 2 diesel. This daily price will be used to calculate the diesel portion
charged by the Contractor for Biodiesel.
· The published Monday closing price for soybean oil, as printed in the Tuesday edition of the
~Vafl Street Journal under "Fats and Oils" in the "Cash Prices" column. This weekly price will
be used to calculate the bio portion of the total charged by the Contractor for Biodiesel
37
. This price is listed in pounds and will be converted to gallons using the following conversion
equivalence:
7.35 Ibs = 1 gallon
This weeklv price will be used to make up the remainder of the total charged by the
Contractor for Biodiesel.
Sample Calculations:
B20 whole sale price = 0.80 times the price for ultra low sulfur no. 2 diesel ~0.20 times
the price for soybean oil.
B10 whole sale price = 0.90 times the price for ultra low sulfur no. 2 diesel ~0.10 times
the price for soybean oil.
B5 whole sale price = 0.95 times the price for ultra low sulfur no. 2 diesel .Illi&..O.05 times the
price for soybean oil.
Price will be in effect on the published date through the next published date. If no Monday price
is published, then the next available published price will apply (Tuesday, Wednesday, etc.).
. Contractor's Markup as determined by the Price Sheet for the county in which delivery of
Fuel is made.
. All applicable Fuel taxes and/or petroleum associated fees as determined by the county in
which delivery of Fuel is made.
. All applicable delivery and/or service charges as allowed.
While it is anticipated that 90+% of the Biodiesel purchased by the State will be B20, the
vendor must be willing to delivery any requested blend. The Customer and the Contractor
agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds
the stated prices included in the Contract. The Contractor agrees that the price charged to
the Customer shall be subject to audit, and the Contractor shall make any and all records
supporting the invoiced prices available for inspection, upon written request by the
Customer
The Customer and the Contractor agree that the Contractor is prohibited from negotiating or billing in a
manner that exceeds the stated prices included in the Contract. The Contractor agrees that the price
charged to the Customer shall be subject to audit, and the Contractor shall make any and all records
supporting the invoiced prices available for inspection, upon written request by the Customer.
6.11 Markup: The Markup shall be noted on the Price Sheet as follows:
. Discount Markup - A Discount Markup shall be noted as a negative number, using either a minus sign "-.xx" or
enclosed within parentheses "(.xx)", i.e. "-.0 I" or "(.0 I )".
. Markup - All other prices will be construed as a positive number for the Markup.
The Markup or Discount Markup may include the Contractor's profit and any other costs the Contractor wishes to
include. The Tmnsaction Fee required by section 4.14 shall also be included in the Markup or Discount Markup.
Prices shall be per gallon for the Markup or Discount Markup.
38
6.12 Allowable Charges: The Contractor may assess the following charges on the inVOice
. Delivery charge as allowed as described in section 6.09.
. Freight charges will apply on all Transport Deliveries. Charge will apply to Transport Delivery as
defined in section 6.09 or to the actual gallons delivered.
. Pump off charge for Transport Delivery, $20.00. May be charged more than once if Transport
Delivery truck is required to relocate to deliver to additional tanks Maximum pump off charge.
$50.00 per Transport Delivery.
. Excessive delay charge if Contractor has to wait more than 30 minutes to begin Fuel delivery Will
be charged $5.00 per 15 minute increment past the initial 30 minutes.
. Back haul charge if Customer orders more than tanks can hold. Charge will vary per incident
6.13 Invoicing and Payment: The Contractor agrees to be paid upon submission of properly certified
invoices to the Customer for Fuel purchased as defined in section 6.10 of this solicitation document
Invoices shall be submitted to the Customer for each delivery made. The Contractor shall submit
invoices for Fuel in sufficient detail for a proper preaudit and postaudit thereof, pursuant to section
287.058 of the Florida Statutes. The Customer agrees that payments to the Contractor will be made in
accordance with section 215.422 of the Florida Statutes, and chapter 55 of the Florida Statutes.
6.14 Maintenance: The Customer shall maintain all tanks and dispensing equipment associated with their
facility in good working order for the duration of the Contract.
6.15 Taxes: Invoice Fuel prices are not to include any State of Florida and/or Federal taxes from which the
State and/or Customer is exempt. Any questions regarding applicable Fuel taxes may be directed to
the Department of Revenue at (850) 488-2900
6.16 DTN FastRacks: The Contractor and Customer may subscribe to the DTN FastRacks Averages by
calling DTN's Sales Department at 1-800-779-5775, option 2 Ask for the State of Florida Contract
subscription
6.17 Fuel Permits: The State and/or Customer will be responsible for all facility required permits pertaining
to Fuel storage and handling in accordance with all local, state and federal laws.
6.18 Schedule and Damages: The Contractor agrees to pay any and all actual damages in the event of a
default by Contractor due to late completion of services. The Contractor shall reimburse the Customer
for any and all reprocurement costs incurred by the Customer due to Contractor's failure to deliver, as
well any and all out-of-pocket expenses the Customer directly or indirectly incurs related to the late
delivery and/or completion of the services.
6.19 Federal and State Standards: It is the intent of the Department that all specifications herein are in full
and complete compliance with all Federal and State of Florida laws and regulations applicable to the
type and class of Commodity being provided. This includes, but is not limited to, Federal Motor
Equipment Safety Standards ("FMVSS"), Occupational Safety and Health Administration ("OSHA").
Environmental Protection Agency ("EPA") Standards, and State of Florida requirements that apply to
the type and class of Commodity being provided. In addition, any Federal or State legislation that
should become effective during the term of the Contract, including any renewals, regarding equipment
safety or emissions shall immediately become a requirement of the Contract. The Contractor must
meet or exceed any such requirements of the laws and regulations. If an apparent conflict exists, the
Contractor must contact the Contract Administrator immediately. Delivery of non-conforming product
shall be cause for Contract termination and possible Contractor suspension.
6.20 Diesel and Gasoline Specifications: The Contractors will provide gasoline, diesel and/or Biodiesel
per the following specifications:
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6.20.1 405-120-250-0600 Biodiesel Fuel. Blend Blend of biodiesel and a percentage percent ultra-
low sulfur petroleum diesel, for use in over the road diesel engine, meeting the A.S.T.M
specification 06751 for pure biodiesel shall consist of mono-alkyl esters of long chain fatty acids
derived from new and used vegetable oils and animal fats, designated B100, before blending -
with grade no. 2-D low petroleum diesel per A.S.T.M. specification 0975, final product shall
comply with Florida Department of Agriculture and Consumer Services inspection laws. Certified
under the BQ9000 quality program. To be delivered as ordered via transport truck in full loads,
minimum delivery 7,200 aallons. Billing to be adjusted to 60 degrees F. temperature on
transport delivery. The freight charge will apply to the difference in gallons, between the
minimum gallons listed and the gallons actually delivered.
Freight charges will not be included in the Transport Delivery Markup.
6.20.2 4405-120-260-1030 Ultra Low Sulfur Diesel Fuel, grade no. 2-D (.0015 mass % sulfur, 40
cetane min.), for use in over the road diesel engine, per A.S.T.M. specification 0975,
complying with Florida Department of Agriculture and Consumer Services standards 5F-2.001.
To be delivered as ordered via transport truck in full loads. minimum delivery 7,200 aallons.
Billing to be adjusted to 60 degrees F. temperature on transport delivery.
Freight charges will not be included in the Transport Delivery Markup.
6.20.3 405-120-270-0030 Ultra Low Sulfur Fuel Diesel Fuel. Red Dve. Grade No. 2-D for use in off
the road diesel engine, per A.S.T.M. specification 0975, Grade # 2 S15 complying with Florida
Department of Agriculture and Consumer Services standards 5F-2.001. It shall have a
minimum cetane number of 40 using ASTM 0613. To be delivered as ordered via transport
truck in full loads. minimum delivery 7,200 aallons. Billing to be adjusted to 60 degrees F.
temperature on transport delivery.
Freight charges will not be included in the Transport Delivery Markup.
6.20.4 405-220-930-7800 Gasoline E10, Unleaded 87 Octane:, Conforming to Florida Administrative
Code 5F-2.001, Florida Department of Agriculture and Consumer Services. To be delivered as
ordered via transport truck in full loads, minimum delivery 8,000 Gallons.
Freight charges will not be included in the Transport Delivery Markup.
40
SECTION 7.0
FORMS
CONTENTS:
7.1 SOLICITATION PREPARATION CHECKLIST
7.2 ORDERING INSTRUCTIONS
7.3 SAVINGS I PRICE REDUCTIONS
7.4 CONTRACT SIGNATURE PAGE
(PLEASE NOTE: THIS DOCUMENT IS PROVIDED FOR REFERENCE PURPOSES AND IS NOT
REQUIRED TO BE SUBMITTED AS PART OF A SOLICITATION RESPONSE. HOWEVER,
SHOULD THE DEPARTMENT DETERMINE TO MAKE AWARD, SUBMITTAL OF THIS
DOCUMENT SHALL BE REQUIRED. ANY SUBMITTED ORIGINAL(S) SHALL BE
MAl NT AINED BY THE DEPARTMENT OF MANAGEMENT SERVICES)
7.5 CERTIFICATION OF DRUG-FREE WORKPLACE
[The remainder of this page is intentionally left blank (other than footer information))
41
7.1 Solicitation Preparation Checklist
The Solicitation Preparation Checklist is a guide to assist the Respondent in verifying the completeness of their
response. The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of
ensuring that all reauirements of this solicitation are included with submittal of their response. Check off each
of the following as you comply:
The Respondent has fulfilled all Sales Summary, Usage Fee, and Transaction Fee reporting
and payment requirements as specified in the requirements, terms, and conditions of all
previous or existing agreements with State of Florida agencies.
Download, read, and understand the entire solicitation, including all attachments (ITB No. 21-
405-000-X; Bulk Fuel, Gasoline and Diesel: Sections 1.0 through 7.5 of the solicitation, and the
MyFloridaMarketPlace RFX Info tab contents).
Reviewed the Timeline, Section 1.2 of the solicitation.
If necessary, reviewed the MyFloridaMarketPlace Sourcing Tool Online Training Guide and lor
received assistance from the MyFloridaMarketPlace Customer Service Desk at 866-FLA-EPRO
(866-352-3776) or vendorhelp@mvfloridamarketplace.com.
Submitted any questions to the MyFloridaMarketPlace Q&A Board (no later than as specified in
the Timeline, Section 1.2 of the solicitation).
Viewed answers to submitted questions as posted in any Addendum or Amendment to the
solicitation on the MyFloridaMarketPlace Sourcing Tool and I or Vendor Bid System.
Responded and submitted ITB response in MyFloridaMarketPlace sourcing tool in accordance
with Solicitation Timeline.
Provided answers to all required questions within the MyFloridaMarketPlace Sourcing Tool.
Submitted response using the MyFloridaMarketPlace Sourcing Tool.
David A. Bennett, MBA, CPPO, FCPM, FCCN, FCCM, PMP@
PURCHASING ANALYST
DIVISION OF STATE PURCHASING
DEPARTMENT OF MANAGEMENT SERVICES
4050 ESPLANADE WAY, SUITE 360
TALLAHASSEE, FL 32399-0950
The Solicitation Preparation Checklist does not relieve the Respondent of the responsibility of ensuring that all
reauirements of this solicitation are included with submittal of their response. See the complete requirements,
specifications, terms, and conditions of the solicitation for details.
42
7.2 Ordering Instructions
Bulk Fuel, Gasoline and Diesel
ITB No. 21-405-000-X
VENDOR NAME:
VENDOR TAX 10 NUMBER:
Orderina Information:
Please provide the following information about where Customers should direct orders. You must provide a
regular mailing address and email address. If equipped to receive purchase orders electronically, you may
also provide an Internet address.
Name:
Title:
Street Address or P.O. Box:
City, State, Zip:
Email Address:
Phone Number:
Toll Free Number:
Ordering Fax Number:
Internet Address:
FederallD Number:
Remit Address:
City, State, Zip:
Please identify the person who will be responsible for administering the Contract on your behalf if award is
made, and include an emergency contact phone number:
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Please identify the person who will be responsible for maintaining your electronic catalog information through
MyFloridaMarketPlace.
Name:
Title:
Street Address:
E-mail Address:
Phone Number(s):
Fax Number:
Please be advised that vendors are responsible for verifvinq and maintaininq the correct contact and address
information within their MyFloridaMarketPlace vendor reqistration account. Failure to do so may result in the
vendor beinq deemed ineliqible to conduct business with the State of Florida.
43
7.3 Savings/Price Reductions
Bulk Fuel, Gasoline and Diesel
ITS No. 21-405-000-X
DATE
The Respondent is reauired to furnish the percent (%) savings in prices offered compared to retail, list,
published or other usual and customary prices that would be paid by the purchaser without benefit of a contract
resulting from this bid.
COMPETITIVE PRICES OFFERED PROVIDE THE FOllOWING PERCENTAGE OF SAVINGS:
HOW CAN WE VERIFY THE CLAIMED SAVINGS (example: retail or other usual and customary prices
published at [URl], or other source of benchmark prices)?
AUTHORIZED SIGNATURE:
TELEPHONE NUMBER:
BIDDER/RESPONDENT NAME:
IF CONTRACT AWARDED, STATE PURCHASING ANALYST/SPECIALIST TOOK THE FOllOWING STEPS
TO VERIFY SAVINGS:
WHAT WERE THE RESULTS?
PURCHASING ANALYST/SPECIALIST:
PUR 7064 (Rev 2/04)
44
7.4 CON T RAe T
Bulk Fuel, Gasoline and Diesel
ITB No. 21-405-000-X
This Contract, effective the last date signed below, is by and between the State of Florida,
Department of Management Services ("Department"), an agency of the State of Florida with offices at
4050 Esplanade Way, Tallahassee, Florida 32399-0950, and the entity identified below as Contractor
("Contractor").
The Contractor responded to the Department's Invitation to Bid No. 21-405-000-X, Bulk Fuel, Gasoline and
Diesel. The Department has determined to accept the Contractor's bid and to enter into this Contract in
accordance with the terms and conditions of the solicitation. The specific products awarded to Contractor and
the maximum rates Contractor may charge Eligible Customers, are identified on the attached Price Sheets
Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department
and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section
287.042(2)(a) of the Florida Statutes (2001). The term of the Contract begins on the Effective Date, with the
initial contract term ending June 30,2014. The Contract consists of the following documents, which, in case of
conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth.
. Any written amendments to the Contract
. This document, including Price Sheets
. Technical Specifications
. Special Conditions
. General Contract Conditions (PUR 1000)
. Special Instructions to Respondents
. General Instruction to Respondents (PUR 1001)
. Any Purchase Order under the Contract
. Contractor's bid
State of Florida, Date
Department of Management Services
By: Linda H. South, Secretary
Contractor Name:
Street Address or P.O. Box:
City, State, Zip:
(Seal)
By:
Its:
Date
45
7.S CERTIFICATION OF DRUG-FREE WORKPLACE
Bulk Fuel, Gasoline and Diesel
ITB No. 21-40S-000-X
Section 287.087 of the Florida Statutes provides that, where identical tie offers are received, one preference
shall be given to an offer received from a Respondent that certifies it has implemented a drug-free workforce
program. Please sign below and return this form to certify that your business has a drug-free workplace
program.
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee
assistance programs and the penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under the
solicitation a copy of the statement specified in Subsection (1).
4) In the statement specified in Subsection (1), notify the employees, as a condition of working on the
commodities or contractual services that are under the solicitation, the employee will abide by the terms
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to,
any violation of Chapter 893 or of any controlled substance law of the United States or any State, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community by any employee who is so
convicted.
6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements. False statements are punishable at law.
RESPONDENT'S NAME:
By:
Authorized Signature
Print Name and Title
46
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract No
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
American Homeqrown Fuel Corporation (A)
06-1711629
06-1711629-001
13852 Waterchase Way
Jacksonville, FL 32224-0806
iohn@fcbio.com
http://www.fcbio.com
904-525-3835
n/a
309-415-9093
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
American Homeqrown Fuel Corporation
13852 Waterchase Way
Jacksonville, FL 32224-0806
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Telephone Number:
Toll-Free Number:
Cell Phone Number (Optional):
Fax Number:
John Maqwood
President
13852 Waterchase Way
Jacksonville, FL 32224-0806
iohn@fcbio.com
904-525-3835
n/a
n/a
309-415-9093
47
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
Eli Roberts and Sons, Inc (A)
59-3232755
59-3232755-001
Elaine Lawrence
Dispatcher
2195 Lake Bradford Road
Tallahassee, Florida 32310
elaine@eliroberts.com
n/a
850-576-3145
n/a
850-574-3788
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Telephone Number:
Toll-Free Number:
Cell Phone Number (Optional):
Fax Number:
Eli Roberts and Sons, Inc
2195 Lake Bradford Road
Tallahassee, Florida 32310
Fonda Neel
Account Manaaer
2195 Lake Bradford Road
Tallahassee, Florida 32310
fonda@eliroberts.com
850-576-3145
n/a
n/a
850-574-3788
48
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP I SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
G. W. Hunter, Inc. (A)
59-1615975
59-1615975-001
Terry L. Hunter
President
PO Box 958
Lake City, FL 32056
tlhunter@qwhunterinc.com
n/a
386-752 -5890
n/a
386-755-5510
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
G. W. Hunter, Inc.
PO Box 958
Lake City, FL 32056
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Telephone Number:
Toll-Free Number:
Fax Number:
Terry L. Hunter
President
PO Box 958
Lake City, FL 32056
tl hunter@qwhunterinc.com
386-752-5890
n/a
386-755-5510
49
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
Jim Hinton Oil Co.. Inc. (A)
59-1275843
59-1275843-011
Bill Bozeman
Operations Manaoer
204 North East Haines St.
POBox 39
Live Oak. FL 32064
bbozeman@hintonoil.com
n/a
386-362-2935
800-361-2935
386-362-5961
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Jim Hinton Oil Co., Inc.
204 North East Haines St
Live Oak, FL 32064
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Telephone Number:
Toll-Free Number:
Fax Number:
Garry Vann
Sales Manaoer
204 North East Haines St
Live Oak, FL 32064
qvann@hintonoil.com
386-590-6231
800-361-2935
386-362-5961
50
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract No
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the ContracT
requirements, specifications, terms, and conditions
Ordering Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
P. O. Box Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Toll-Free Number:
Telephone Number:
Fax Number:
JV. Gander Distributors, Inc. (A)
59-1986161
59-1986161-004
Jim Gander
Vice President
319 Water Street
P. O. Box 70
Apalachicola, FL 32320
iim@jvQander.com
http://www.jvqander.com
866-653-8889
850-653-8880
850-653-9818
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
JV. Gander Distributors, Inc.
P. O. Box 70
Apalachicola, FL 32320
Contract Administrator:
Name:
Title:
Street Address:
P. O. Box Address:
City, State, and Zip:
E-Mail Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Jim Gander
Vice President
319 Water Street
P. O. Box 70
Apalachicola, FL 32320
iim@jvgander.com
866-653-8889
850-653-8880
850-653-9818
51
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
P. O. Box Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
L.V. Hiers, Inc. (A)
59-2011260
59-2011260-001
Andy Stone
Vice President
253 East Florida Avenue
P. O. Box 1229
Macclenny. FL 32063
astone@/vhiers.com
http://www.lvhiers.com/
904-259-2314
n/a
904-259-4518
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
LV. Hiers, Inc.
P. O. Box 1229
Macclenny, FL 32063
Contract Administrator:
Name:
Title:
Street Address:
P. O. Box Address:
City, State, and Zip:
E-mail Address:
Telephone Number:
Fax Number:
Andv Stone
Vice President
253 East Florida Avenue
P. O. Box 1229
Macclennv, FL 32063
astone@lvhiers.com
904-259-2314
904-259-4518
52
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract i\JO
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
Macmillan Oil Company of Florida, Inc. (0)
59-0648243
59-0648243-001
Eduardo Rodriquez
General Sales Manaqer
2955 East 11th Avenue
Hialeah, FL 33013
eduardo@macmillanoil.net
n/a
305-283-8580
n/a
305-691-7817
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Macmillan Oil Company of Florida, Inc.
2955 East 11th Avenue
Hialeah, FL 33013
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Telephone Number:
Fax Number:
Eduardo Rodriquez
General Sales Manaqer
2955 East 11 th Avenue
Hialeah, FL 33013
eduardo@macmillanoil.net
305-283-8580
305-691-7817
53
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP I SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Mansfield Oil Company (A)
58-1091383
58-1 091383-001
Bill Hammond
Customer Service Supervisor
1025 Airport Parkway, S.W.
Gainesville, Georoia 30501
BHammond@MansfieldOil.com
www.mansfieldoil.com
800-255-6699 ext. 2082
678-450-2135
800-283-3835
Rem it Add ress:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Mansfield Oil Company
P. O. Box 934067
Atlanta. GA 30501
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Ginoer McDaniel
Government Sales Analvst
1025 Airport Parkway. S.W.
Gainesville, Georoia 30501
GMcDaniel@MansfieldOil.com
800-255-6699 ext. 2135
678-450-2135
678-450-2280
54
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract No
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms. and conditions
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Telephone Number:
Toll-Free Number:
Fax Number:
Midstream Fuel Service LLC. dba PEPCO (A)
63-0695291
63-0695291-002
Grea Gorken
Sales Representative
1001 McClosky Blvd
Tampa, FL 33605
q rea. aorken@martinmlp.com
http://www.midstreamfuel.com
813-468-6476
800-299-5984
813-248-1373
Remit Address:
Organization Name:
Remit-To Address:
Remit-To City, State, Zip:
Midstream Fuel Service LLC.
P. O. Box 3093
Houston, TX 77253-3093
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Glenn Kourik
General Manaaer
1001 McClosky Blvd
Tampa, FL 33605
glen n. kourik@martinmlp.com
800-299-5984
813-248-2105
813-248-1373
55
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP I SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Petroleum Traders Corporation
35-1462227
35-1462227-001
Gavle Newton & Contract Sales Staff
Contract Sales Manaaer
7120 Pointe Inverness Way
Fort Wayne, IN 46804-7928
anewton@petroleumtraders.com
www.petroleumtraders.com
800-348-3705 x1002
260-432-6622 x1002
260-207 -6347
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Petroleum Traders Corporation
7120 Pointe Inverness Way
Fort Wayne, IN 46804-7928
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Gavle Newton
Contract Sales Manaaer
7120 Pointe Inverness Way
Fort Wayne. IN 46804-7928
anewton@petroleumtraders.com
800-348-3705 x1002
260-432-6622 x1002
260-207 -6347
56
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract No
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
P O. Box Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Port Consolidated Corporation (A)
59-1173292
59-1173292-001
Fav Francisco
Customer Service
3141 SE 14th Ave.
P.O. Box 350430
Fort Lauderdale, FL 33335-0430
ffrancisco@portconsolidated.com
http://www.portconsolidated.com
800-683-5823
954-522-1182
954-527 -1191
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Port Consolidated Corporation
P. O. Box 350430
Fort Lauderdale, FL 33335-0430
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Don Carlton
Vice -President
3141 SE 14th Ave.
Fort Lauderdale, FL 33316
dca rlton@portconsolidated.com
800-683-5823
954-522-1182
954-527-1191
57
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract, No.
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions.
Orderina Information:
Organization Name: SMF EnerQY Corporation
Organization FEID Number: 65-0707824
MFMP / SPURS Vendor Number: 65-0707824-002
Name: James Almeida or Melanie Marauszwski
Title: Inside Sales
Street Address: 200 West Cypress Creek Road. Suite 400
City, State, and Zip: Fort Lauderdale. Florida 33309
E-mail Address: ialmeida@mobilefuelinQ.com or mmarauszwski@mobilefuelinQ.com
Internet Address: www.mobilefuelinQ.com
Toll-Free Number: 800-383-5734
Telephone Number: 954-308-4198
Fax Number: 954-308-4221
Remit Address:
Organization Name:
Remit-To Address:
Remit-To City, State, Zip:
SMF Energy Corporation
P. O. Box 932640
Atlanta. GA 31193-2640
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-Mail Address:
Telephone Number:
Fax Number:
Steve Leavitt
Vice-President of Marketinq and Sales
200 West Cypress Creek Road. Suite 400
Fort Lauderdale. Florida 33309
sleavitt@mobilefueling.com
954-308-4183/954-308-4200
954-308-4219
58
Ordering Instruction Form
The following Contractor has been awarded select Commodity Codes within State Term Contract No
405-000-10-1, Bulk Fuel, Gasoline and Diesel. For specific Contract awards, Eligible Users are
referred to the Contract Price Sheets. All Orders are to be placed in accordance with the Contract
requirements, specifications, terms, and conditions
Orderina Information:
Organization Name:
Organization FEID Number:
MFMP / SPURS Vendor Number:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Internet Address:
Toll-Free Number:
Telephone Number:
Fax Number:
Terrell Industries Inc. (A)
65-0530148
65-0530148-001
Gradv Terrell, III
President
2067 1 st Avenue North
St. PetersburQ, FL 33713
Qterrell@verizon.net
http://terrelli nd ustries. com/
n/a
727 -823-4424
727 -823-3977
Remit Address:
Organization Name:
Remit-To Street Address:
Remit-To City, State, Zip:
Terrell Industries Inc.
2067 1 st Avenue North
St. PetersburQ, FL 33713
Contract Administrator:
Name:
Title:
Street Address:
City, State, and Zip:
E-mail Address:
Telephone Number:
Fax Number:
Gradv Terrell, III
President
2067 1 st Avenue North
St. PetersburQ, FL 33713
qterrell@verizon.net
727 -823-4424
727 -823-3977
59
State Term Contract No. 405-000-10-1; Bulk Fuel, Gasoline and Diesel
Section 4.0, Southern Counties Price Sheet
This State Contract contains awards for transport delivery only
This State Contract contains awards for transport delivery only.
In accordance with best purchasing practices, buyers are urged to use the lowest
price whenever possible.
4.1 Broward
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Macmillan Oil Company
SMF Energy Corporation
Mansfield Oil Company LLC.
$0.0220
$0.0350
$0.0360
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Macmillan Oil Company
SMF Energy Corporation
Mansfield Oil Company LLC.
$0.0220
$0.0350
$0.0395
405-120-250-0600 Biodiesel Blend
Macmillan Oil Company
Mansfield Oil Company LLC.
Petroleum Traders Corporation
$0.0320
$0.0408
$0.0640
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Macmillan Oil Company
Mansfield Oil Company LLC.
SMF Energy Corporation
$0.0160
$0.0250
$0.0350
4.2 Collier
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrel/Industries, Inc.
$0.0360
$0.0387
$0. 11 00
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrel/Industries, inc..
$0.0395
$0.0487
$0.1100
405-120-250-0600 Biodiesel Blend
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrell Industries, Inc.
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrell Industries, Inc.
4.3 Dade
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Macmillan Oil Company
Mansfield Oil Company LLC.
Petroleum Traders Corporation
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Macmillan Oil Company
Mansfield Oil Company LLC.
SMF Energy Corporation
405-120-250-0600 Biodiesel Blend
Macmillan Oil Company
Mansfield Oil Company LLC.
Petroleum Traders Corporation
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Macmillan Oil Company
Mansfield Oil Company LLC.
Petroleum Traders Corporation
4.4 Glades
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Midstream Fuel Service dba Pepco
Mansfield Oil Company LLC.
Petroleum Traders Corporation
$0.0408
$0.0640
$0.2200
$0.0250
$0.0406
$0.1100
$0.0230
$0.0360
$0.0387
$0.0230
$0.0395
$0.0407
$0.0330
$0.0408
$0.0640
$0.0170
$0.0250
$0.0406
$0.0270
$0.0360
$0.0387
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Midstream Fuel Service dba Pepco
Mansfield Oil Company LLC.
Petroleum Traders Corporation
405-120-250-0600 Biodiesel Blend
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrell Industries, Inc.
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Mansfield Oil Company LLC.
Midstream Fuel Service dba Pepco
Petroleum Traders Corporation
4.5 Hendry
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrell Industries, Inc.
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrell Industries, Inc.
405-120-250-0600 Biodiesel Blend
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrel/Industries, Inc.
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Terrell Industries, Inc.
4.6 Martin
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
$0.0270
$0.0395
$0.0487
$0.0408
$0.0640
$0.2500
$0.0250
$0.0330
$0.0406
$0.0360
$0.0387
$0.1100
$0.0395
$0.0487
$0.1100
$0.0408
$0.0640
$0.2500
$0.0250
$0.0406
$0.1100
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Port Consolidated, Inc.
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Port Consolidated, Inc.
405-120-250-0600 Biodiesel Blend
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Port Consolidated, Inc.
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Port Consolidated, Inc.
4.7 Monroe
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Macmillan Oil Company
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Macmillan Oil Company
405-120-250-0600 Biodiesel Blend
Mansfield Oil Company LLC.
Petroleum Traders Corporation
Macmillan Oil Company
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Mansfield Oil Company LLC.
$0 0360
$0.0387
$0.0690
$0.0395
$0.0487
$0.0690
$0.0408
$0.0640
$0.0690
$0.0250
$0.0406
$0.0690
$0.0360
$0.0387
$0.0670
$0.0395
$0.0487
$0.0670
$0.0408
$0.0640
$0.0770
$0.0250
Petroleum Traders Corporation
Macmillan Oil Company
4.8 Palm Beach
405-120-260-1030 Diesel Fuel, Grade No. 2-D Ultra Low Sulfur
Macmillan Oil Company
Mansfield Oil Company LLC.
Petroleum Traders Corporation
405-120-270-0030 Diesel Fuel, Red Dye Grade No.2 Ultra Low Sulfur
Macmillan Oil Company
Mansfield Oil Company LLC.
SMF Energy Corporation
405-120-250-0600 Biodiesel Blend
Macmillan Oil Company
Mansfield Oil Company LLC.
Petroleum Traders Corporation
405-220-930-7800 Gasoline E10, Unleaded 87 Octane
Macmillan Oil Company
Mansfield Oil Company LLC.
SMF Energy Corporation
$0.0406
$0.0630
$0.0250
$0.0360
$0.0387
$0.0250
$0.0395
$0.0403
$0.0350
$0.0408
$0.0640
$0.0180
$0.0250
$0.0403
.~.,....,
."" .
r
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOR~l
VI.-CONSENT AGENDA
ITEM 8.5
Requested City Date Final FOnTI Must be Date Final FOnTI Must be Date Final FOnTI Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15, 2009 June 10,2009 June 8, 2009
I25J July 21, 2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29,2009 July 27. 2009
~
n
0 AnnouncementsIPresentations 0
NA TURE OF 0 Administrati ye 0 New Business
AGENDA ITEM I25J Consent A enda 0 Le al
0 0 Unfinished Business
0 Public Hearin 0
rj. ::~
:::; --<
-<
0.':
,.-
r"" t"
en :';1'..)
-.,
"""."J;
.. ",.-.
( .,
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n
RECOMMENDATION: Motion to approve "piggy-back" City of Boca Raton contract #2005-066 which was awarded t~
Hartzell Painting Contractors of Pompano Beach, Florida for painting the East Water Treatment Plant, One Million Gallon
Water Storage Tank and the Three Million Gallon Water Storage Tank for a total cost of$69,518.40.
EXPLANATION: The Utility Department has in their operating budget funds to paint the East Water Treatment Plant, the
One and Three Million Gallon Water storage facilities. This project is part of the department's on-going maintenance
program. The proposal is based on the City of Boca Raton contract for painting services and the Utility Department would
like to utilize this contract. Attached is a copy of the contract along with the proposal based on unit pricing for painting
services.
PROGRAM IMP ACT: This painting project is in support of a maintenance program. The program preserves the integrity of
each of the facilities exterior construction as well as the appearance for surrounding neighborhoods and community.
FISCAL IMPACT: 401-2811-536-46-40 $69,518.40
AL TERNA TIVQ' Not painting will cause maintenance issues especially the two water storage tanks and deteriorated
yearan:. ,
~ j ~~ -k- ' '"~
(J Department Head's Signature Manager's Signature
b-
~ie3Dcpart~~~
s-u~
Xc: Bevis Pigott
Tony Lombardi
Barb Conboy
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1
2 RESOLUTION NO. R09-01~
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 APPROVING THE "PIGGY-BACK" OF A CITY OF
7 BOCA RATON CONTRACT RFP 2005-066 WITH
8 HARTZELL PAINTING CONTRACTORS OF
9 POMPANO BEACH, FLORIDA, FOR PAINTING THE
10 EAST WATER TREATMENT PLANT, ONE
11 MILLION GALLON WATER STORAGE TANK AND
12 THE THREE MILLION GALLON WATER
13 STORAGE TANK FOR A TOTAL COST OF
14 $69,518.40; AUTHORIZING THE MAYOR AND CITY
15 CLERK TO EXECUTE AN AGREEMENT; AND
16 PROVIDING AN EFFECTIVE DATE.
17
18 WHEREAS, City staff has confirmed that the City of Boca Raton has compl1ed
19 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach.'
20 requirements; and
21 WHEREAS, upon recommendation of staff. it is the City' s desire to "piggy-back .
22 a City of Boca Raton Contract RFP 2005-066 and enter into an Agreement with Hartzl:ll
23 Painting Contractors of Pompano Beach. Florida for Painting the East \Vater Treatmen1
24 Plant. One Million Gallon Water Storage Tank and the Three Million Gallon Water
25 Storage Tank for a total cost of $69.518.40.
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
27 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
28
29
30 II
, I
31 II
II
II
II
i J
i i
II
II
II
i I
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution UpOll
adoption.
Section 2. The City Commission of the City of Boynton Beach. Florida. hereb:
S \CA\F.ES<YJ\t!reemenlsll3id AwardslPiggy-l3ack Boca J{alJ)!l - Ilarlzcll doc
r!
I
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approves the "piggy-back" of a City of Boca Raton Contract RFP 2005-066 and enter into
an Agreement with Hartzell Painting Contractors of Pompano Beach, Florida for Painting
the East Water Treatment Plant, One Million Gallon Water Storage Tank and the Three
Million Gallon Water Storage Tank for a total cost of $69,518.40, a copy of the
Agreement is attached hereto as Exhibit "A".
Section 3.
That this Resolution shall become effective immediately.
PASSED AND ADOPTED this
day of July, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(City Seal)
S \CA\RESO\Agreements\Bid Awards\Piggy-Back Boca Raton - Hartzell.doc
k/Yf-,61 (If
AGREEMENT FOR PRESSURE CLE,\NiNG AND PAiNTING SERV]( .1-:-'
This Agreement is made as of this day of . n___~ _' :~009 by and between
Hartzell Construction. Inc.. a Florida Corporation. licensed to do business in Flurida. \\ith OfjjCl'~
at 2301 N.W. 33rd Court Suite 12. Pompano Beach. Florida 33069 ("Vendor"), and The City ,d
Boynton Beach. a Florida municipal corporation. v,ith an address at 100 Fast 130\l1ton Beach
Boulevard. Boynton Beach. FL 33435 (the "City")
RECIT ALS
WHEREAS, the City has the need to procure the services of a qualified contractor for
pressure cleaning and painting the City's East Water Treatment Plant. One Million Gallon Water
Storage Tank and Three Million Gallon Water Storage Tank; and
WHEREAS. the City of Boca Raton publicly requested competitive bids for similar
services under Bid No.: 2005-066; and
WHEREAS. Vendor submitted a bid in response to the City of Boca Raton's Request for
Bids; and
WHEREAS, after receipt of said bid from Vendor. City of Boca Raton entered into a
contract with Vendor to provide pressure cleaning and painting services, a copy of which i"
attached hereto and made a part hereof as Exhibit "A" ("Boca Raton Contract"): and
WHEREAS. the City has reviewed the scope of services and prices of the competitive!:
bid Boca Raton Contract and has determined that is in an agreement that can be utilized by the
City to provide said services to the City of Boynton Beach; and
WHEREAS. the Vendor has presented a proposal to the City which incorporates the
same terms and conditions of the Boca Raton Contract by reference; and
WHEREAS. Vendor has agreed to honor the terms and conditions of the Boca Raton
Contract in performing pressuring cleaning and painting services for the City: and
WHEREAS. City desires to retain the Vendor based on the Boca Raton Contract: and
WHEREAS. at its meeting of~_______. the City Commission of the City 11!
Boynton Beach authorized the proper City officials to enter into an Agreement with Vendor: and
WHEREAS. the City Commission finds that the City of Boca Raton complied with
Public Contract Bid requirements which are equal to or exceed Boynton Beach' s requirements.
that it is in the best interest of the City to utilize the competitive bidding process employed by the
City of Boca Raton. and to award an Agreement to Vendor along the same terms and condition"
as set forth within Agreement between the City of Boca Raton and Vendor. except as amended
herein.
Page]
<;{ 'i\\AGMTS\Plggyback (1Ianzell-Pamtmg Srvc ld(\c
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
AGREEMENT
Section 1.
this Agreement.
The foregoing recitals are true and correct and are hereby incorporated in
Section 2. Attached hereto and incorporated herein by reference as Exhibit "A" is the
Boca Raton Contract referred to above. The terms and conditions of the Boca Raton Contract
shall govern the relationship between the City and the Vendor, except as amended below:
A. All references to the City of Boca Raton shall be deemed as references to the City
of Boynton Beach.
B. All Notices to the City shall be sent to:
City: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010/ Facsimile: (561) 742-6090
Copy:
James A. Cherof, City Attorney
Goren, Cherof, Doody & Ezrol, P A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, FL 33308
Telephone: (954) 771-4500/ Facsimile: (954) 771-4923
C. The "Technical Specifications 'Weatherproofing'" as provided in the Boca Raton
Agreement, shall be replaced with Hartzell Painting Contractors' May 5, 2009 proposal
"RE: 2009 - Various Painting of Utility Buildings & Tanks" from, attached hereto as
Exhibit "B".
Section 3. In the event that the Boca Raton Agreement is amended, or terminated,
V endor shall notify the City within ten (10) days. In the event the Boca Raton Agreement is
amended or terminated prior to its expiration, this Agreement shall remain in full force and
effect, and not be deemed amended or terminated, until specifically amended or terminated by
the parties hereto.
Section 4.. The Vendor agrees that in the event it enters into an Agreement for the
same (or substantially similar) scope of services with another local government in Florida which
contains a term or condition, including fees, charges or costs, which the City determines to be
more favorable than the terms in this Agreement, the parties shall enter into an Addendum to
provide those terms to the City.
Page 2
S:\CA\AGMTS\Piggyback (Hartzell-Painting Srvc)doc
Section 5. The insurance required shall require that the Certificate of Insurance nanl,"
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the Boca Raton ContraCl
are hereby ratified and shall remain in full force and effect under this Agreement. as prcnided b\
their terms.
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
CITY OF BOYNTON BEACH. FLORIDA
ATTEST:
By:
City Clerk
Mayor
APPROVED AS TO FORM:
Office of the City Attorney
HARTZELL CONSTRUCTION. INC
WITNESSES:
BY:
Print Name:
Title:
ATTEST:
SECRET AR Y
Page 3
"l"A IAGMTS\PIggyback I Hart/.ell-Painlmg Srvcldoc
STATE OF
: ss:
COUNTY OF
ON THIS day of , 2009, before me, the undersigned notary
public, personally appeared , personally known to me, or
who has produced as identification, and is the person
who subscribed to the foregoing instrument and who acknowledged that he executed the same on
behalf of said Corporation and that he was duly authorized to do so.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
Print or Type Name
My Commission Expires:
Page 4
S \CA\AGMTS\Piggyback (Hartzell-Painting Srvc).doc
EXHIBIT "A"
AGREEMENT BETWEEN CITY OF BOCA RATON
AND HARTZELL CONSTRUCTION, INC
Page 5
S ,( 'i\\i\GMTS\Plggyback (1Iartzell-Pamtmg Srvc) Joe
PAINTING CONTRACTORS
2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069
Main Fax: (954) 957-9766 - Main Phone: (954) 957-9761- WSS Fax: (561) 482-9078
May 5, 2009
TO: Anthony Lombardi - Maintenance Manager
City of Boynton Beach - Utilities Department
FROM: Bill Stecklow
RE: 2009 - Various Painting of Utility Buildings & Tanks
As per our conversation, we have on file with Boynton Beach's purchasing department our term contract Bid
Number 2005-066 units for painting and pressure cleaning for the City of Boca Raton. This term contract is in
effect for new bids in the fiscal year October 1, 2008- October 1, 2009.
Location/scope:
At Main Utility Facility- The Chlorine, Chemical buildings and tanks on building; East & West Filter
Galleries, 3 connecting facades under the filtration area; the walkway walls between the filtration buildings; the
site retaining walls, gates, railings, green, yellow and beige piping; blue & red piping/units at concentrated
blowouts, the main entry building on Seacrest; Reclaimed basin facility. All piping will be color coded; the
buildings will have green trim at top band and at windows and doors. We will pressure clean, patch as required;
-ime and 2 coats of Sherwin Williams acrylic paint to stucco portion; all metal- scrape rust and coat metal with
_astwood Rust Encapsulator; prime and then 2 coats of Sherwin Williams oil base enamel paint.
Congress Avenue tank and building- We will pressure clean, patch as required; prime and 2 coats of
Sherwin Williams acrylic paint to stucco portion - lower section - up to top band of tank is to match body color
of adjacent Fire Station, upper band is to match darker trim color of fire station; all metal- scrape rust and coat
metal with Eastwood Rust Converter; prime and then 2 coats of Sherwin Williams oil base enamel paint - color
to match trim color of firehouse; the split face block is to be cleaned and sealed with 2 coats of clear H&C
concrete xylene base concrete stain; the metal doors are to be painted the color of the fire station doors- prime
and 2 coats of oil base paint- includes doing small outer building, and piping near building - piping to match
existing pipe color and also small covered unit in front of the building; tank has hairline cracks that will be
patched and sanded.
Miner Road tank and building- Building- We will pressure clean the building and the Spanish tile roof;
patch as required (included is the replacement of 8 areas that require new corner beads and/or 3 coats of
plaster); follow same color scheme as Congress- prime and 2 coats of Sherwin Williams acrylic paint to stucco
portion - lower section - up to top band of tank is to match body color of the Fire Station, upper band is to
match darker trim color of fire station; all metal- scrape rust and coat metal with Eastwood Rust Converter;
prime and then 2 coats of Sherwin Williams oil base enamel paint - color to match trim color of firehouse; the
metal doors are to be painted the color of the fire station doors- prime and 2 coats of oil base paint and piping
near building - piping to match existing pipe color.
There is 65,820 sq. ft. of area to be pressure cleaned, primed and 2 coats of paint @ the City of Boca
Raton approved units $ 1.02 (.12 cents - pressure clean and .30 cents per coat or .90 cents, prime and 2 finish
coats) = $67,136.40 plus related work - 8 corner beads - $ 2,000.00; 10 gallons of Eastwood Rust Enca sulator
is $ 38.20 per gallon over regular primer estimated in the Boca Raton unit - add $ 382.00- otal is $ 69,518.40.
c: Melvin Pinkey
Bill Stecklow
Email: Bocasteck@aol.com
Cell: (561) 239-4711
CC: Bill Butzbach
Email: BiII@hartzellpaintina.com
Cell: (954) 658-0526
COUNCIL APPROVAL PROCUREMENT RECOMMENDATION
TARGE'T AGENDA DATE: September 27,2005
Subject;
Weatherproofing
Bid Number:
2005-066
Department:
Recreation Services
Procurement Method:
Sealed Bid
Bid Opening Date:
43 Bids Solicited
7 NOriBids
3 Responses
August 31, 2005
Contract Period:
~~ " .'1
$189,151 ~ ~v
This is the first year of the two-year contract award period. The Q/:;'1
City reserves the option to renew annually subject to appropriation :;;;;
of funds not to exceed <'! maximum of two one-year renewals. ,./
Award Amount:
Award to:
Low Responsive Responsible Bidder, Roof Painting by Hartzell
Inc., Pomp-ano e~<3~_h.,E~________
Scope:
This procurement provides for weatherproofing services to the
wood structures at the following park locations: SpaniSh River,
James A. Rutherford. South Beach, South Beach Pavilion, Sand
Pine. Hidden Lakes, Boca Isles, Pine Breeze, Meadows, Hughes,
Boca Tierra, Woodlands, Silver Palm, Sanborn Square, Lake
Wyman. Ocean Strand, Memorial, Red Reef, Gumbo Limbo, Patch
Reef, Sugar Sand and various signs and fences throughout the
City. Weatherproofing wood structures on an annual basis IS
necessary to prolong the life of the wood due to the harsh
elements of the salt air environment
Vendor
Telal Bid I
$189,151,30 ---~
$107.955.00 I
I
$427,440,00 I
.J
Roof Painting by Hartzell Inc.
Eagle Painting
Sun Art Painting Corp.
Funding Source(s):
Financial Services Director:
;t&Cd~
Various Recreation Services
Weatherproofing Accounts
FY 2004-2005 $ 164,07630
FY 2005-2006 $ 25,0750~ J
/1
Purchasin
c.-r
OMS Director:
Deputy/Assistant City Manager:
RTPOERS CERTIFICA TlON
.
~
BID NO, 2005.066
The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its
entirety and with fuIl understanding of the conditions governing this bid.
. 8iddllr must sublllit proof that their firm name is ['cgistcrcd with their State of origin.
lL...-r:-lIA IlJrlj\)c~ ~ f/JJ.gUt.1-
~ (Fim1 Na e as Reg stered with their Srote of origin.)
~30~ N.W. ~~,J~ J S~ /2
Street Address (
;e~t~O .~fIiGf1 fL ?-",?o~1
C ty, Stale. ...1 p
A~: (il
Print Nam and Tille of Person Signing this Form UJ J LL; ~ 5jli~Le w ~ II /LV{ t.~
~ '
1 OJ S; oJ Z - ( .., J - €1--<7'o7&
D le Telephone / Fax No.
9:r'-1ILlL11L I
Federall.D. N~ 'I
STATE OF: L
COUNTY OF: ~~A.,I- ()
Till! foregoing instrumfnf was acknowledged before me (hiS 1::1 day of ~ 20P.r , by
/)...) I Ii (.~f ~€ ,-{LU;fjl1J/1O t... (wl.r> "'"J:<.:,l personally known (0 m~~' produced
, ,
/' S idenli Icatio anq 0' (did nor) take an oath.
HoIINy PtAlIil; Slate oI~~
Toni LYIlIl Holman
My ~OIlW1liIsion 00441893
NOTARY PUBLlcsrCNATURE
~t'. t'\ ~ l. \-\0\ ~ oA,;.;
NOT ARY NAME, PlUNTED, TYPED OR ST AMPF,D
Commission Number: '~\)U'i.( ~q .~ My Cnmmi~S'i()n Expires:
~- \'1.0'1
NOTE: All hids shall he in a scaled envelope and n1:ll'ked on the exterior "Sealed Bid No.: 2005-066", All bids
must be suhmittcd in duplicate to Flocn Raton City Hnll Purchasing Division, 20 I W. Palmctto Park Road, Boca
Ralon. Fl. by thc dntc and !.imc identified in the rnstructions to Riddel"s.
27
,,{p
~...._..c
-610 NO, 2005-066
STATEMENT OF NO BID
IUD NO. 2005.066
{fyou are not bidding on this service/commodity, please complete and retum this fann to: City of Boca Raton
Purchasing Department, 201, W. Palmetto Pnrk R03d, Boca Raton, Florida 33432.
Failure to respond may result ill deletion of vendor's name from the qualified bidder's list for the City'
of Boca Raton.
COMPANY NAME:
ADDRESS:
TELEPHONE:
SIGNATURE:
Q.
. -
"
\'
DATE:
We, the undersigned have declined to bid 011 "
scrvlcfo:/commodity
because of the following reasons:
_SlX-""Cifications too "tight", Le., gcured toward brand
or manufacturer only (explain below)
Insufficient time to respond to the lnvit.ltion to Bid
We do not offer this product or an equivalent
Our product schedule would not perm it us to perform
Unable to meet speciflcmions
Unable to meet bond requirements
Specifications unclear (explain bdow)
Other (specify below)
REMARKS:
28
.:rr
: BID NO. 2005.066
ij
DRUG-F~~ ~~RKPLACE-FORM
J
Bid Numbcr200S-066
with Florida Statute 287.087 hereby certifies that
....:(1oes:
(Name of Business)
1. Publish a sta1cment notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and spec Hying tho actions
that will be taken against employees for violations of such prohibition.
2. Infonn employees about the dangers of drug abuse In the workplace, the business's policy of
maintaining a dru~.frec workplace. any available drug counseling, rehabilitation, and employee
assistance progrmns, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give eaeh employee engaged in pr(widing the commodities or contractual services that are under
Proposal a copy of the statement specified in subsection (1).
4. in the statement specified in subsection (I). notify the employees that, as a condition of working On
the commodities or contractual services that are under Proposal, the employee will abide by the terms
of the statement and will notify the employer arany conviction of, or plea of guilty or nolo contendere
to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state,
for a violation occurring in the workplace no later than.five (5) days after such conviction.
S. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available.: in lhe employee's community, by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug.free workplace through implementation of this
section.
As the person authorized to sign the statement, ] certify that this firm complies fully with the above
requ' ents.
29
)// ":)
~'
SID NO. 2005-066
Q1lALIFICA TIONS OF BIDDER
(Failure to complete the necessary information on this sheet may be cause for rejection of your bid)
A. Summary indicating bidder's experience and training in similar work for Government
agencies.
B,REFERENCES
The following is a list Of at least three (3) references hat the
1, Name of Firm, City, ""ou tv. 0 AQ,en /7
~c>1 LV.. "
Address: 3~~ Telephone: t1( ?J-/7.y:L.
cont.ct:~~ Hie:
LOcal;,n. ~.. _._--SCOPeOfWO'k:lV~
Veer of Job; \ 9<1' ~ Z(:l("'r" Paint Manufacturer used: ~
For City Use Only: Reference Verified: Yes_ No_
Comments:
2,
c~
Telephone: ~~- ')..08'1
Contact: . Title: f'/ldJU1f tlt.#fiVT .
Locahon: ~.JL~ .;;copeofWork: f~
Year of Job: '/- _ _ paintManUfacturerused:~.....~~~
~_~i!::::JIJ1ffZ.5t t:.o:ftP1I1&(~ ~
I For City U,e Only: Reference Vedfied: Ye_'~~~
Comments:
30
~
, BID NO. 2005-066
Contact:
t
Telephone:
Title: ~
Scope of Work: 1'5" pc.. j ~~
3.
Name of Firm, City, County or Agency_
~'--'1~
Address:
Paint Manufacturer used:
"tA.....
e.--1
For City Use Only: Reference Verified: Ye$~ No_ Comments:
C. List numbers of estimated hours and number of workforce available to pertorm work if awarded the
~.:el.ndf"'PhaSel!. .
~~:~1~::.~~
D. List of Materials, equipment, product/brand to be used and names ofemployecs pcrfonning this scope
of work. 1 ~ " .....t~
7>-&... ~ =~ 0-0 ~tr~~
E. Number of year's organization has been in business.
~ 5:<Q ~_
F. Submission of Quality Control
Program. ~
~~~~~i:~_~
~~~.- .
G.
Submission of Safety
Program. Cftv ~ ~ ~. ~~
p
31
810 NO. 2005-066
BIDDERS CHECKLIST
l~~
All bids shall be submitted on the City provided Sid Package forms. Failure to do so may cause the Sid to
be rejected. All blanks on the proposed forms must be completed. Supplemental information may be
attached to the bid paCkage forms. Bidder sl1all return a complete set of all bid package forms as listed as
follows. Failure to submit the required documents may result In your bid being considered non responsive.
1. Is QualifICation of bidders lnfonTlation Included? (I terns A - G)
2, Is InfolTTlatioll and Descriptive Literature Submil1ed clearly <Ielailing item bid?
3, Was Inspection of Facility Made?
4. Is subcontractor information submitted?
5. Is license information submitted?
6. 1$ statement cenifying items contained in this bio meets O.S.H. A requirements?
7. Is warranty statemenVinformatlon InclUded?
8. Is proof of Insurance submitted?
9. Is Orug Free Workplace form submitted?
10, Are all bid psges signed?
11. Is bidder.;! certification form notari7;ed and submil1ed?
12. Is bid submitted in duplicate (one original. one copy)
13. Are Bid Proposal Pages 23lhrough 34 and this page sutlmitted?
14 Are addendum (if any issued) submitted?
Yes_ No
yes_ No-
Yes No-
Yes- No-
Yes- No-
Ye5~ No-
Yes====: No=====
Yes No
Yes= No=
Yas_ No_
Yes No
Yes::::: No:::::
Yes_ No_
Yes_ No_
· Jomax mildewcide concentrate b the Zehrung-Chembro Division or an equivalent producUbrand.
BRAND OFFERED: (()
· Iron Q..~Ii.~Ii,l~U.Qb.ib.iJ1.y.!u!rimer #168-20, by Benjamin Moore or Devoe, Glidden, MAS, Porter, Sherwin
Wiliams, UCI, or equivalent produs:v?rand. S
BRAND OFFERED: "'{;#1!~(a ft!:2.'-t.-/ltn
Iron clad rust inhibitive oaint #071-60 by Benjamin Moore or Devoe, Glidden, MAS, Porter, Sherwin Williams.
UCI, equivalent producVbrand.
BRAND OFFERED: ~~t;v(() W{t.-l:.-lfl1f1:S
· Deck and Shake #71 ,(Gray) #72 (Ced<1r). #74 (Brown) #76 (white) Stain NO EQUIVALENT BRAND
e.ERMITTED.
· Deck & Shake #70 Clear Wood Sealer NO EQUIVALENT BRAND ~t;RMITTED.
· Deck & Shake prOducts can be Clear Wood Sealer can be purchased from:
Pacific Sales & Manufacturing Company
PO Box 7249, Berkeley. California 94707
Contact: Dennis Acevedo, Telephone' (800) 51\1-0128
32
~kl::/-
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE Their Total UNIT PRICE EXTENDED PRICE Their Total UNIT PRICE EXTENDED PRICE Their Total
FOB DEST FOB DEST. FOB DEST. FOB DEST. FOB DEST FOB DEST
1 75' wooden canal barrier fence EA 1 $100 00 $100.00 $290.00 $290 00 $290 00
BID NO. 2005-066, WEATHERPROOFING
AUGUST 054:00 P.M.
11TH AVENUE
I ROOF PAINTING BY HARTZ. .-J
EAGLE PAINTING
TOTAL FOR 11TH AVENUE
$100.00
$290 00
BOCA ISLES PARK
$290.00
iQ
SUN ART PAINT\
$1,390.00
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE Their Total UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST. FOB DEST. FOB DEST. FOB DEST
1 Park Signs - General EA 8 $11.00 $88.00 $200.00 $1,600.00 $200.00
2 No smoking/ tobaccco/ dog signs EA 8 $11.00 $88.00 $200.00 $1,60000 $200.00
3 575' wooden splil rail fence LOT 1 $250.00 $250.00 $540.00 $540.00 $540.00
TOTAL FOR BOCA ISLES PARK
$426.00
$3,740.00
BOCA TIERRA PARK
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST FOB DEST.
1 Rest Room With Metal Roof JOB 1 $500 00 $500.00 $560.00 $560.00
2 Wood Fitness Equipment Stations JOB 1 $150.00 $150.00 $290.00 $290.00
3 Wood Park Bench EA 8 $30.00 $240.00 $30.00 $240.00
4 Park Identification Sign JOB 1 $50.00 $50.00 $85.00 $85.00
5 Park Signs - General EA 11 $1100 $121.00 $15.00 $165.00
6 7' wooden park information sign EA 1 $20.00 $20.00 $150.00 $150.00
7 Signs- no dogs/ no tobaccol no smoking EA 10 $11.00 $110.00 $15.00 $150.00
8 2'6" wood tennis info sign EA 1 $1100 $11.00 $95.00 $95 00
9 7' no parking sign EA 3 $20 00 $60.00 $90.00 $270 00
10 1100 sq It Pavilion w/Metal Roof EA 1 $450.00 $450.00 $390.00 $390 00
UN
11 Split rail fence - south side FT 300 $055 $16500 $340.00 $102,000.00
TOTAL FOR BOCA TIERRA PARK
$1,877.00
$104,395.00
lolal w/o item 11
extended:
$2,735.00
EL RIO CANAL BRIDGE (E3)
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST FOB DEST FOB DEST
1 2000 SO FT BRIDGE JOB 1 $1,300.00 $1,300.00 $1,000.00 $1,000.00
TOTAL FOR EL RIO CANAL BRIDGE
$1,300.00
$1,000.00
GEORGE SNOW
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST. FOB DEST FOB DEST.
1 Trash Receptacle Covers EA 4 $11.00 $44.00 $25.00 $100.00
2 Wooden dumpster doors EA 1 $75.00 $75.00 $100.00 $10000
3 Identification sign EA 1 $75.00 $75.00 $60.00 $60.00
$940.00
$7,56000
$290.00
$240.00
$85 00
$16500
$150.00
$15000
$95 00
$270 00
$390 00
$340.00
$2.745.00
$1,00000
$1,00000
$100.00
$100.00
$60.00
$2,84000
UNIT PRICE
FOB DEST
EXTENDED PRICE
FOB DEST.
$7,200.00
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DESl
$2,64200
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST
BID NO. 2005.066, WEATHERPROOFING
AUGUST 31,20054:00 P.M.
ROOF PAINTING BY HARTZELL EAGLE PAINTING
4 lntOlrll3tion sign EA 1 $50.00 $50 00 $60 00 $60.00
----- -.----
5 Sigfls . do not feed animals! flO d09S1 ele EA 13 $1100 $143.00 $45.00 $585.00
,) Weat\lerproof pavihons f'A 2 $400 00 $800 00 $450 00 $900 00
---_._-
7 Weatherproof Sereno3 kiosk EA 1 $400 00 $400 00 $290 00 $29000
TOTAL FOR GEORGE SNOW
$1,58700
$2,09500
GOLDEN FIG
ITEM
-..-
DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST. FOB DEST FOB DEST
..
perimeter fence l:A 1 $220 00 $220 00 $680 00 $680 00
. --,
protect Trp-x bOilrds EA 1 $200.00 $200.00 $240 00 $240.00
Ilgln" dogs EA 7 $1100 $77.00 $20.00 $14000
~----
EA 1 $600 00 $600 00 $390 00 $390 00
..
520 LFt woodell
Walelvve.y doc" .
Signs - nu smoki
Pavilion - varnish
TOTAL FOR GOLDEN FIG
$1,097.00
$1,450.00
ITEM
GUMBO LIMBO
DESCRIPTION
UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST FOB DEST FOB DEST
.. _.
JOB $1,000.00 $1,000.00 $2,000.00 $2.000 00
-...-.--- --...
JOB I $1 ,400 00 $1,40000 $3,000.00 $3,00000
-- ------- -- ~. u .'- -.,.....-..
JOB 1 $14,00000 $14,00000 $15,00000 $15,000 00
.'-"..-.- ~. ' - .-------
JOB r. $4,50000 $4.50000 $4.500 00 $4,50000
-- _.-- -
JOB I $2,500 00 $2,500.00 --....- -- $2,200 00 $2,200 00
-.". --~--
JOB .....'. -- $1,30000 $1,30000 $3,00000 $3,000 00
-."--." ------,,--
_.~ .1 $300.00 $1,20000 $2.600 00 $10,400 00
.'.--- -~-- .--
E'; " $30 00 $18000 -- -- $60 00 $360 00
-- ~_.- -. - _...- -_._-
JOB $12000 $120 00 .-- -- $980 00 $980 00
------ ----I- -~-_._- -----
EA :1 $1100 $33 00 $50 00 $150 00
-- f--. ---.-'---
.IOB I $7000 $7000 -.-..... ... $ 100 00 ----~
-- ." --.-
JUB - f-...-... $7000 $7000 $ 100 00 $ 100 00
-
-~ $30 00 $3000 '.. . $ 1 00 00 $100 00
I... --- - ...
JUB $750000 $7,50000 $9.00000 $9,00000
-.--- ., .-.- -
L_::.r~_ ; S9,000 00 $9,000.00 $1,00000 $1,00000
-- ...,- ..- -..
..- ,.,~A $50 00 $ 100 00 $50 00 $10000
...
r'"'_C:~-,- $100 00 ..!!~ c. $10000 . $IOO9.<!.
.. .. _... -"----- - . .-
..... , $1100 $330.00 $ 15_[)Q. ~.._--_..._- -- $450.00
.___._ L-._. .-"-
Tower Railing (:1300 sf)
Tower Landing ( 15(051)
Hammock RailinfJ/Benches (52.nog.~~~i
East & West Railings I. 13,5UU sf:
Seawater Tank Railrng ( 6800 51)
Seawater Tank OeckinSJ (320U sf)
Seawater Tank (Varrllsll)(5IlU..s.r.E=.~.'!...
Picnic tables
Outdoor Classroe'[T)
1 r:=Js)l I ('ceplacie~,
DUl1~pster EnLlus!l~:',,_
Ale Lndosure
Motor t:Jlclosljee
Nature Center BIc12_'...:,!3.."IH I 511
810 &. Resp.;Hct1 81dgs .CCllli!JIr:.~_~'=-____ ~r; 11
Bus Stop Bench",;
~,;,rl' 1(lp~(::.Jt.':'.'. :;,qr
tUfllbn ll!Tlj)(~ SICI1It;",
TOTAl FOR GUMBO LIMBO
$43,43300
$52,54000
HIDDEN LAKES
~~Il PRICE_ ]~~l~~-~-~~~;~I~~J
r~~:::~oo oo"~'
1 $10000 -:.~~~~;j
, f',,;
r }E'':-,!J'.I~lrl'
,Rll r ~-::~~!:N[JEUi~'IL[l
"f:SI [ ,'f3 [)[S' ~
$3el~'!!.tt'~ -- - _ $~lb~.O~ ~
$75 UO $JC <11)
------- .-
'.,q tt ..~~_,~:'J~~~\_. ~\l'r !\1\~\d\
1c1efltlfwatl("H\ ',':'I,_W
$uU uU
$585 00
$9(11) 00
$29() 00
$2,09500
bHt) on
$240 00
$140 00
$391l.00
$1,4S0 00
$3200000
$ 3,000 00
SiS,nno (){J
'1,1 ,~JUO 00
';7.711000
$.3.UOIl 00
57,60000
$:\6000
l>~lg( I
~ t J ,j) ()l.l
$ 11111011
$100 Ill)
:'h1nn I,")()
't,q,OO[J uo
$ 1 0 000 00
$100 no
't>4~1(1 IJU
$'':\ 14000
SUN ART PAINTING CORP
LJ~H 1 PRICE
rOB DES r
----..-- .j
_.- ~--_._----."."
$:3.94500
\xr~~~~if\IC[l
~.--._j
==~j
$684900
IJNI T PRICl: I:' 1,.NOflJ PRll ,e.
FUB DES I cUB [)E:;l
(~ l
OIU r\lv. "UU::>-UOO, VVl:.A I Mt:.Kt-"KUUt-INlj
AUGUST~. ~005 4:00 P.M.
ROOF PAINTING BY HARTZ EAGLE PAINTING
3 Trellis EA 1 $165.00 $165.00 $380.00 $380.00
4 Park Signs - General EA 7 $11.00 $77.00 $25.00 $175.00
5 Park closingl no smoking signs EA 5 $11.00 $55 00 $40.00 $200.00
6 12' wood park identification and info signs EA 2 $20.00 $40.00 $190.00 $380 00
7 Wooden park signs" EA 3 $20.00 $60.00 $130.00 $390.00
.. (1 ea) 2'6" tennis info $0.00 $000
(1 ea) 7' park info $0.00 $000
(1 ea) 7' handicapped parking $000 $0.00
TOTAL FOR HIDDEN LAKES
$822.00
$2,225.00
HILLSBORO-EL RIO
ITEM DESCRIPTION UOM QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST. FOB DEST
1 Identification sign EA 1 $7500 $75.00 $80.00 $80.00
2 Signs - no dogs! no smoking EA 8 $11.00 $88.00 $20.00 $160.00
3 Wood dumpster doors EA 1 $7500 $75.00 $90.00 $90.00
4 40 Ln Ft Split Ra,1 Fence JOB 1 $20.00 $20.00 $240.00 $240.00
TOTAL FOR HILLSBORO-EL RIO
$258.00
$570.00
HUGHES PARK
ITEM DESCRIPTION UOM QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST. FOB DEST.
1 700 Sq. FI Pavilion - Varnish JOB 1 $1,00000 $1,000.00 $800 00 $800 00
2 Park Identification Sign EA 1 $75.00 $7500 $80.00 $80.00
3 400' wooden slat playground border fence LOT 1 $200.00 $200 00 $500.00 $500.00
4 Signs no smokinfl EA 3 $11.00 $33.00 $30 00 $90 00
Oil based paint for varnished areas of pavilion and
5 restroom JOB 1 $400.00 $400.00 $580 00 $580.00
TOTAL FOR HUGHES PARK
$1,708.00
$2,050.00
J.A. RUTHERFORD PARK
ITEM DESCRIPTION UOM QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST. FOB DEST.
Board Walk Around Canoe Building
1 with Railings (5950 sq ft) JOB 1 $3.000 00 $3,000.00 $1,50000 $1,500.00
Board Walk at Canoe Building with
2 Railing (1375 sq fl) JOB 1 $600.00 $600.00 $700.00 $700.00
3 Canoe Building ( 2800 sq. ft.) JOB 1 $1.200.00 $1,200.00 $1,400.00 $1.40000
4 Board Walk with Railings Section 1 (15,500 sq. ft) JOB 1 $6,00000 $6,000.00 $3,000 00 $3,000.00
5 Board Walk with Railings Section 2 ( 25,500 sq ft. ) JOB 1 $8,000.00 $8,000.00 $4,000.00 $4,000.00
6 Board Walk with Railings Section 3 ( 13.000 sq ft. ) JOB 1 $5,000.00 $5,000 00 $3,000.00 $3,000.00
7 Pavilion # 1 Metal Roof JOB 1 $800.00 $800.00 $500.00 $500.00
8 Pavilion # 2 Metal Roof JOB 1 $700.00 $700.00 $500.00 $500.00
9 Pavilion # 3 Metal Roof JOB 1 $700.00 $700.00 $500.00 $500.00
10 Restroom Metal Roof JOB 1 $400.00 $400.00 $600.00 $600.00
$380 00
$17500
$20000
$380 00
$390 00
$2,22500
$80.00
$160.00
$90 00
$240 00
$570 00
SUN ART PAINTI
-
~
$3.080 00
UNIT PRICE
FOB DEST
EXTENDED PRICE
FOB DEST
$1,39000
UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST
$80000
$80 00
$500 00
$90 00
$580 00
$2.050 00 $2.97000
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST
$1.50000
$700.00
$1.400.00
$3,00000
$4,000.00
$3.000.00
$500 00
$500 00
$500.00
$600 00
BID NO. 2005-066, WEA THERPROOFING
AUGUST 31,20054:00 P.M.
11 Wood Benches
ROOF PAINTING BY HARTZELL EAGLE PAINTING
--.-----
ECA G $40 00 $240.00 $40 00 $240.00
--~ -.--'--- "-.-.
11 Sides) EA 1 $75.00 $75.00 $100.00 $100.00
- --_.~._----
EA 52 $1100 $57200 $2000 $1,04000
- ~. -
UN
FT G8 $055 $3740 $200 00 $13,600.00
12 Dumpster Enclosure (BOI
\:", Signs
1~ FerH:in9
TOTAL FOR JA. RUTHERFORD
$27.32440
$30.680 00
Total wlo item 14
extended.
$17,280.00
LAKE WYMAN
------_.._-~ . ---...
ITEM DESCRIPTION UOM QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
..-.----- ---~--_.- ~--
FOB DEST FOB DEST. FOB DEST FOB DEST
- -.--.- .---------+.,- .
1 Wood bench EA 8 $30 00 $240.00 $18000 $40 00 $320 00
" Signs FA 23 $1100 $253 00 $15.00 $345 00
UN
J Fencing FT 1128 $055 $620 40 $1,10000 $1 .240.800.00
4 3.:LStat'on FitflRSS Trail F,l\ 20 $1100 $220 00 $30 00 $600 00
--
TOTAL FOR LAKE WYMAN
$1,33340
$1,27340
$1,242,065 00
Total w/o item 3
extended:
$2,365 00
ITEM
MEADOWS PARK
DESCRIPTION
un
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST
$603 00 $603 00
$30 00 $300.00
$40 00 $80.00
$50 00 $50 00
_ $80 00 $80.00
$50 00 $50 00
$1100 $132.00
$30 00 $30 00
$20 00 $220 00
$125 00 $125 00
.----------
$U 55 $38 50
$1.708.50
UNIT PRICE EXTENDED PRICE
-....-
FOB DEST FOB DEST
-..
~,,,...--- $51000 $51000
.-
$30.00 $300 00
$12000 $240 00
$10000 $10000
$10000 $10000
----
$7000 $70 00
- $20 00 . $24U 00
~---._- -
.....-- $200 00 $200 00
$20 00 $220 UO
n__
- --- $50U 00 $50000
$400 00 $28,000.00
.----
UUM
900 Sq F- t Pavill~Hl _
Wood P3rk Bencil
,JOB
LA
111
Wood Picnic Tnbies
LA
Scorers -13ble
EA
SET
Dumpster D001::-'
[.L\
Park ldenti~~at\ol~ 2,\yn _ _
Park Signs - Gen'2ral
F.A
E.~
7' wood park Infoi"lnatH III ~;1~111
l' wood k:mdicapped parKlfltj srqr\J ':;nl\JKlnq' p,'
(10g51 tobacc~____~_____ ~
E:A
'I
'_~5U ~~~:(L~.~!J)i~lJ~g ~~~~_.~~:!._'~.:.~' l1n r:.1 (;:!
SJ11:t f~:.r) ~~':. I:(~th sldE.._-.___._..
____..-L_~~_J
$30,48000
TOT AL FOR MEADOWS PARK
\ atal wlo item 1',
extended
$2,880 00
MEMORIAL PARK
SUN ART PAINTING CORP
$320 00
$10001l
$1,0400U
$200 00
$15,86000
tJN1T r-r~ICl
FOB DFSl
$320 00
$14500
$1.10000
$60000
$2.36500
UN\~ \-'F~H)
FOE', liF::::.
'Fi l!ll1()
$300 on
$211100
$1110 (1)
$10000
,in 00
$2401JO
l,~)ll() 00
S;:>;'() OlJ
~I,()(l (J( I
$400 no
$),880 on
-~._~
$H.600 00
r' .r~ N["'-r:._~~~
HJB OF.'; 1
~b hOO ou
['I FNt )\:..u
r ('){l, DF<.]
I'
Dr:SCPifYrll-l~-J
_..t.~~,;lr~ ~=
.J(JH :
-- --- .
: i(~lE, '
-r--!(iS1-'-
._~-. ~---- _.,--~-'-' ..1-- -- I'!"
UNII PRICE. E,X TENDED PRICE .. . . "", ,",e, EXTENDED PRICE ; r-N! n :
FOB DES 1 FOB DEST FOB DESl FOB DEST " ""~, _\8 Uf :,1
$600 00 $600 00 $800 00 $80000 ';iVll
$700.00 $70000 --1-.- $38U 00 $380 00 'J! !
!)(1 $500.00 1 ._._ $20000 I i l() L
-"-------." .i
$1.80000 $1.38000 ',H()
tl Wn'-Ki f t'flU2 l.ti, If"\- II Lt:iHl'f
1()jAI Hlf'MEMOflIA!. PARK
()CEAN S 1 R/\ND
BID NO. 2005-066, WEATHERPROOFING
AUGUST - 154:00 P.M.
ROOF PAINTING BY HARTZl EAGLE PAINTING
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST FOB DEST FOB DEST.
1 Boardwalk/Steps (96 sq. fl.) JOB 1 $150.00 $150.00 $220.00 $220 00
2 Ocean Strand Spilt Rail Fence LF 9 $500 $45 00 $40.00 $360.00
TOTAL FOR OCEAN STRAND
$195.00
$580.00
Total wlo item 2
e><lended:
$260.00
PALMETTO DUNES
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST. FOB DEST.
1 Waterway dock - protect T rex boards EA 1 $375.00 $375.00 $390.00 $390.00
2 Si9ns - no dogs EA 6 $11.00 $66.00 $15.00 $90.00
TOTAL FOR PALMETTO DUNES
$441.00
$480.00
PATCH REEF PARK
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST FOB DEST
1 Flat Benches EA 41
$30.00 $1,23000 $40.00 $1,64000
2 Score"s table EA 1 $50.00 $50.00 $100.00 $100.00
3 Dumpster Enclosures EA 1
$70.00 $70.00 $100.00 $100.00
4 Sign Postsl Frames EA 38
$5.00 $190.00 $15.00 $570.00
5 20 station fitness Trail EA 20 $180.00 $800 00
$900 $40 00
6 Bike Racks EA 1 $50.00 $50.00 $100.00 $10000
7 Stained Park Bench EA 4 $70 00 $280 00 $50.00 $200.00
Special Note $0.00 $000
Items 6 and 9 are to be stained with a wood
preservative stain in the existing color $0.00 $0.00
TOTAL FOR PATCH REEF PARK
$2,050.00
$3,510.00
PINE BREEZE PARK
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST. FOB DEST.
1 900 Sq Ft Pavilion EA 1 $500.00 $500.00 $750.00 $750 00
2 Park Identification Sign EA 1 $75 00 $7500 $80 00 $80.00
3 Park Signs. General EA 10 $1100 $110.00 $20.00 $200.00
4 840' wooden spilt rail fence LOT 1 $450.00 $450.00 $820 00 $820.00
5 Signs - no smokingl no dogs/ handicapped EA 10 $11.00 $11000 $20.00 $200.00
6 Pavilion Varnishing EA 1 $400 00 $400.00 $600.00 $600.00
TOTAL FOR PINE BREEZE PARK
$1,645.00
$2,650.00
REO REEF GOLF COURSE
Item DESCRIPTION UOM OTY Unit Price Extended Price Unit Price Extended Price
FOB DEST. FOB DEST. FOB DEST. FOB DEST.
1 Additional Signs EA 95 $11.00 $1,045.00 $15.00 $1,425.00
$220.00
$40 00
$260.00
$390 00
$90.00
$480.00
$1,64000
$100.00
$100.00
$570.00
$800.00
$100.00
$200.00
$3,51000
$750.00
$80.00
$200.00
$820.00
$200 00
$600 00
$2.65000
$1,42500
SUN ART PAINTIf lP
UNIT PRICE EXTENDED PRICE
FOB DEST
UNIT PRICE
FOB DEST
UNIT PRICE
FOB DEST
UNIT PRICE
FOB DEST
Unit Price
FOB DEST.
FOB DEST
$2,70000
EXTENDED PRICE
FOB DEST
$2,362.00
EXTENDED PRICE
FOB DEST.
$11.33700
EXTENDED PRICE
FOB DEST
$4,70200
Extended Price
FOB DE ST.
ROOF PAINTING BY HARTZELL EAGLE PAINTING
------
UN
Fl 2,5[)1J $050 $1,250 UO $1,450.00 $3,625,00000
GlJInbu Limbo
SO FT 1 G,72U $U.50 $8,36000 $4,40000 $73,568,00000
--
smail boardwalk to
SO FT 625 $100 $625 00 $400 00 $250,00000
--
IJr\:1er bo,::Hdwalk tn
SO FT ~\,15U $050 $1,875.00 $2.00000
---- ---- -- --
BID NO. 2005-066, WEATHERPROOFING
AUGUST 31,20054:00 P.M.
Additional Spill Rail Fprrce
Pressure elf'an and Weatherprouf
boardwalk exten~,ion
Pressure clean and Weatherproof
beach
PreSSLJrP c!P;=H1 a!ld WeaUH~rproof
beael1
TOTAL FOR RED REEF GOLF COURSE
Item
RED REEF PARK
DESCRIPTION
UOM
Large Pavilion with Metal F~nof
JUB
Small Pavilion w th Metal Ruol
EA
t~ --
r- :
k
I
Boardwalk (South End) ( 13,140 sf!
JOB
Boardwalk (Center) ( t ,85fi sl)
Boardwalk (Nortl1 End) ( 2,1 fiO sf)
JOB
JOB
JOB
Boardwalk IN Rc'stroom) ( ~,232 "I It .'-_.
Nortl1 restroom with rv'1etal Roof
JOB
South Restroom Wlttl Metal Roof
JOB
-
JUB
--.-
Ell
East Gate House ( 288 sf)
Life Guard Tower t 10UO sf ~~iJcli 1_
Trash Rece~tdclf' Covers
~ ~ .-.---..---.-----....----.----..-
FA
TOTAL FOR REIJ REEF PARK
SANBORN SQUARE
_~__D_:~~~r_rION_.~=_ -_ -~r~\=t
,_~~c.___~~~__ _1, N I
101Al. FOR SANBORN SQUARE
Sand Pine Par~:
iil i-..1
! lr-'::Cf~if 1
~~~j:!.~_~:~~~~2!L~::!~ I;
Wo()der~ p~~'._~~~~~
(J)_f2~~~?' ~~2122:~~_!l;
tl)!i,J!
lil
OTY
Unit Price
FOB DEST
$1,50000
$200 00
1 $4,500 00
_..
1 $1,00000
- ------.
~- .-,-.-- $1,00000
, f-.--- $1.50000
~ --+--. $800 00
~~_I--_. ~_ $800 00
.-- -~_.-f-.-
$200 00
$500.00
.-..:'.. .--- -..
$1100
~.__L....___._.
UT'J
UNIT !"RICE
FOB DFST
L $000
- ~---_.._-----
UNII PRICT
FOB OES r
$125 UO
$20 00
$13,155,00
Extended Price
FOB DEST.
$1,50000
$1.00000
$4,500 00
---- $t.OOO 00
$1,00000
$1,50000
--....--.- $800 00
-. $800.00
$200 00
$2,50000
$275 00
$15,075 00
EXTENDED PRICE
FOB DEST
$000
$000
t'x IICNDEll PHIC[
FOB DEST
$ t 25 00
$300 00
$000
$U OU
Su 00
$000
q.
---.--.-.---- - --
Extended Price Unit Pnce Extended Priet,
FOB DEST FOB DEST FOB DES I
..------
$900 00 $~OO nO
$2,000 00 $2,00000
$4,000.00 $4,IJOO 00 H~1
$700 00 $ 700 00 .-)
$80000 $HOO on J
"-"-
$1,00000 5 1 ,000 no I
$900 00 $900 00 j
$900 00 $~)OO 00 I
-_.- ~
$200.00 $200 00
$2,75U 00 '.t.2,7'JO 00 -j
$625 00 S6~~:-i ou
$14,77500 .f' 1 i, U;"~ ou
f otal w/o item 2, 3
or 4 extended.
Unit Price
FOB DEST
$900 00
$400 00
$4,00U 00
-----1--
$700,00
$800,00
$1,00000
$900.00
$900 00
$200 00
$550.00
$25 00
-.---. 1-.
. --1----
._------1-.
-.... -1--.
.----..- .-
$77,446,425.00
$9,675.00
-- -- --=m.NI1PRIC~ EXT ENDED PHICE
~_~~_~i~B D~~. FOB DE$S2:0 00
$290 UO
UNll PRICe
FOB DEST
$350.00
$20 00
EXTFNDED PRlcr
FOB DEST
$350 00
$300 00
$000
$000
$000
$000
$000
SUN ART PAINTING CORP
$145000
$4,40000
$400 00
$2.00000
$~jJ5n 0(1
UI_
f'!~.'.'ij .r'Jf.;'I.'.'
tf"cn [)[Cl
-:"iCl\1 UiJ I
$:::S)() ()(l
f-::: , i Fr,Jt. ~LL I r'I'1
) t lH Uf::~< 1
H-i(i!1
$ ~\fln
ilHL
f'~..~'H iil:'.':
tit)
on
i
, i Jf-l 1 if- :-~'
BID NO. 2005-066, WEATHERPROOFING
AUGUST ~ 15 4:00 P.M.
ROOF PAINTING BY HARTZ' EAGLE PAINTING
3 Sand Pine Park EA 1 $75.00 $75.00 $0.00
4 1296 Sq Ft. Restroom with Cedar Shake Roof JOB 1 $600 00 $600 00 $860.00 $860.00
5 600 Sq. Ft Pavilion with Wood Shingles JOB 1 $350.00 $350 00 $500.00 $500.00
6 Wooden Dumpster Doors SET 1 $75.00 $7500 $100.00
7 Scorer's T able/B"nch EA 1 $50 00 $50.00 $100.00
8 Wood Ballard EA 14 $5.00 $70.00 $20.00 $280.00
9 Park Signs- Gen"ral EA 9 $11.00 $99.00 $20.00 $180.00
TOTAL FOR SAND PINE PARK
$1.74400
$2,670.00
SERENOA GLADE PRESERVE
ITEM DESCRIPTION UOM Ory UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DEST FOB DEST.
1 Park Sign EA 1 $10000 $100.00 $170.00 $170.00
TOTAL FOR SERENOA GLADE PRESERVE
$100.00
$170.00
SILVER PALM PARK
ITEM DESCRIPTION UOM QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST, FOB DEST. FOB DEST, FOB DEST
1 Boat Dock ( 986 sq. ft ) JOB 1 $500 00 $500.00 $680.00 $680.00
2 Park Id"ntification Sign EA 1 $75.00 $75.00 $80.00 $80.00
3 Signs EA 21 $11.00 $231.00 $20.00 $420.00
UN
4 Fencing FT 520 $0.55 $286.00 $500 00 $260,000.00
TOTAL FOR SILVER PALM PARK
$1,092.00
$261,180.00
Total w/o ~em 4
extended:
$1,680.00
SOUTH BEACH PARK
ITEM DESCRIPTION UOM QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST. FOB DE ST. FOB DEST.
1 Boardwalk Irail S"ction 1 (1800 sq ft) JOB 1 $1,00000 $1,000.00 $800.00 $800.00
2 Boardwalk Irail Section 2 ( 1750 sq. ft. ) JOB 1 $1,000.00 $1,000.00 $700.00 $700.00
3 Boardwalk/rail Section 3 ( 2800 sq ft., JOB 1 $1.400.00 $1,400.00 $1,000.00 $1.000.00
4 Retaining Wall @ Restroom (330 sq ft.) JOB 1 $180.00 $180.00 $300.00 $300.00
5 Park Identification Sign JOB 1 $75.00 $75.00 $18000 $18000
6 Life Guard Tower ( 1000 sq ft.) EA 5 $500 00 $2,500 00 $500.00 $2,500 00
TOTAL FOR SOUTH BEACH PARK
$6,155.00
$5,480.00
SOUTH BEACH PAVILION
ITEM DESCRIPTION UOM OTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST. FOB DEST FOB DEST FOB DEST.
1 Pavilion (622-0 sq. ft) JOB 1 $1,000.00 $1,000.00 $500.00 $500.00
2 Park Id"ntification Sign EA 1 $75.00 $75.00 $100.00 $100.00
3 Park Signs- General EA 10 $20.00 $200.00 $20.00 $200.00
4 Signs EA 42 $11.00 $462.00 $20.00 $840.00
UN
5 Fencing FT 2250 $0.50 $1.125.00 $1,000.00 $2,250,000.00
TOTAL FOR SOUTH BEACH PAVILION
$2,862.00
$2,251,640.00
$860 00
$500 00
$100.00
$100.00
$18000
$18000
$2,490 00
$170 00
$17000
$680 00
$80 00
$420.00
$500 00
$1,680.00
SUN ART PAINTIl
-
~
$6,71200
UNIT PRICE
FOB DEST
EXTENDED PRICE
FOB DEST.
$480.00
UNIT PRICE
FOB DEST,
EXTENDED PRICE
FOB DEST
$5,17000
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST
$800.00
$70000
$1.000.00
$300 00
$180.00
$2,500.00
$5,48000 $12,40000
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST
$500 00
$100 00
$200 00
$840.00
$1,000.00
$2,640.00 $11,80000
BID NO. 2005-066, WEATHERPROOFING
AUGUST 31, 2005 4:00 P.M.
I ROOF PAINTING BY HARTZELL l
SPANISH RIVER PARK
TOTAL FOR SPANISH RIVER PARK
$24,19300
SUGAR SAND PARK
!-'~E'~ I _=-~_ DESCRIPTION
i I
~-.-_._~_.._. ~---_._---_._--
i IScieflce t-J1,TYlJroi.Jr(~ (7f;'U~)O s!:
l JPICfl".-~'-;;;;:------- ----
Tr<1sh Receptacle"
WoorJen Park 8efll.:IH~~;
LJCJH
OTY
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST
$25,00000 $25,00000
$4000 $1,680.00
$1500 $405 00
$30 00 $360 00
$ 150 00 $2,40000
$70 on $420 00
$30,265 00
~-k
=Pi"
c.. I',
.L':
.3.l
L'
PiClIil 1 abies sli-l!fl ,lrHl CpO,>;y
1Ii
Tr,lsll
sLJill ;Jfld f:pu~)
~~l~~:--
TOT AL FOR SUGAR SANlJ PARK
SWIM & RACQUET CENTEk
'" '"'1--';"''''''''''''- jUUUt._...~~J~'
Fressll'p "I:;; ;,=:~;~i,~ !t;';1~';~9~_81 dP~'~~ ... _ .~J'~~ '
TOTAL FOR SWIM & RACQUET CENTER
TUNIT PRlCE-- -..
EXTENDED PRICE
FOB DEST FOB DEST
~_._---- $3.000 00 $3,000 00
$3,000 00
llNIVER~';JTY WOODLANDS f'ARr.
II[.SCRIP f iur'j
j, UNII miCE ! F x l~;:;DED PRICE
~IFOB DE$;~~"f)oJ-FOBOf:3:r
[ EAGLE PAINTING
Total w/o ~em 5
extended: $2,64000
$3,255,970 00
Total w/o item 16
extended. $37,37000
UNIT PRICE EXTENDED PRICE
FOB DEST FOB DES T
$18.000 00
$40.00 $1,680.00
$30.00 $810 00
$40.00 $480 00
$10000 $1.60000
$50 00 $300 00
$22,870.00
._ iNI f PRICE EXTENDED PRICE:
FOB DEST FOB DEST
. _, ,__ $400 .2~___ $400 00
$400 00
~~~'T';~'~:~;~"'J
- f $411 ;;;;r-----;;~-;~,l
.' ____--1-..,.,... __.._" ..._.._..J
SUN ART PAINTING CORP
UNIII'f\le"
FOB DEST
$200 00
$4,800 00
$1,32000
$6,000 00
$3,000 00
$:3,000 00
$2,00000
$200 00
$ 1 00 00
$) ,200 00
$800 00
S2,200 00
$15000
$2400 00
$1 8RO IHI
$140000
$4,90000
$3753000
~ i\ lliH I
11EM DESCRIPTION UOM QIY UNI1 PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE
FOB DEST FOB DEST FOB DEST FOB DEST
-.
1 Picnic labl"s EA 40 $40.00 $1.60000 $50.00 $2.000 00
< Restrooms ( 8640 sq ft.)( 144il sq ftcach I EA 6 $700.00 $4.20000 $800.00 $4,800 00
., Light Poles EA 34 $50.00 $1.700.00 $40.00 $1,36000
-
4 Shelters ( 9680 sq fI ) ( 968 sq It eacll ) E.C\ 10 $45000 $4,500.00 $6()0 00 $6,00000
-
5 Administration Bldg And adjacent I $200 00 $200.00 $3,000 00 $3,000 00
-..-- -- _._---- ~----
" structures \ ~200 ~;q It )-Norlh Sectioll JOB I $250 00 $250 00 $3,00000 $3,000.00
--_._~---.
7 Storage Building - South Section (2600 sq fI) JOB 1 $1,30000 $1.30000 $2,000.00 $2,000 00
8 Bike Racks EA 2 $60.00 $120 00 $10000 $200.00
9 Telephone SheltelS ( 200 sq ft ) EA 1 $10000 $10000 $100.00 $100.00
10 Electric Meler Shelters (800 sq. ft eC'lr:h) EA 2 $200 00 $400.00 $600.00 $1,20000
11 Ocean Rescue Storage BUilding JOB 1 $1,00000 $1.000.00 $800 00 $800 00
\2 Ranger Building sod fence I 3800 sq ft ) JOB I $1,50000 $1,50000 $2,20000 $2,200 00
--
1') Park IdentlftcatlOrI SIgn E'" ~ $7500 $15000 $7500 $150.00
__.....__.__ .__n.'
1.1 Park Rdflqer!Oceafl Rescue _Bldtj \;R50 ,~____ JOB 1 $1,50000 $1,50000 $2,400.00 $2,40000
-.- "-'-- ----
I'; Signs EA 93 $1100 $1.02300 $20 00 $1,86000
____'__.._n___._._____ _ -------- --.-..---.... -, ..-- .._--~ ~- ---
L1N
\(, F enC1Il9 rr 2'300 $050 $1,150.00 $140000 $3,220,000.00
..- --.- ~--~. .--.. ---"-- --..- ..-.-- --
Lileyua,,1 -j uwer'~ ,-" 7 $500 00 $3,500.00 $ 700 00 $4,900.00
._--_.._-~ .-..---. ----~- -'----. --~- -_._------~-_., . ~ --- -~ --'-~-
$1,64000
$81[) no
'i,lHO nn
1,1 bllU ()I) L
S:i()1l ()O l
1>:'/ 831.1 00
'~>l\J() ilO
1-')[1 i j[_~, ;
E.~ fENDELJ PRILE:
FOB DEST
(11)
. 1 LNUcU rVlu
r (-ID f)ES 1
(. j ')1
!-~
r..
j i [.Ji.Jf.::.Li l
f(l13Uf .)
;1];
;,;
,'iL\ I'! ,(,
DIU NU. LUU:>-Ubb, VVt::A.1 Ht::K.....KUUt-ING
AUGUST 31 -^~5 4:00 P.M.
ROOF PAINTING BY HARTZE EAGLE PAINTING
2 Wood Bench EA 6 $30.00 $18000 $30.00 $180.00
3 900 Sq. Ft. Pavilion with Cedar Shake Roof JOB 1 $450 00 $450.00 $700.00 $700.00
4 Dumpster Doors SET 1 $75.00 $75 00 $100.00 $100.00
5 Park Identification Sign EA 1 $75 00 $7500 $80.00 $80 00
6 Park Signs - General EA 14 $20.00 $280 00 $30.00 $420.00
7 880' wood split rail fence LOT 1 $400.00 $400.00 $900.00 $900.00
8 Signs - no smokingl tobaccol dogs EA 13 $11.00 $143.00 $30.00 $390.00
9 7' wood park information sign EA 1 $20 00 $20.00 $160.00 $16000
10 7' wood stop si9n EA 1 $20.00 $20.00 $160.00 $160.00
11 Pavilion Varnishin'~ EA 1 $400.00 $400.00 $740.00 $740.00
TOTAL FOR UNIVERSITY WOODLANDS PARKS
$2,393.00
$4,230.00
YALE NEWMAN
ITEM DESCRIPTION UOM OTY UNIT PRICE I EXTENDED PRICE UNIT PRICE I EXTENDED PRICE I
FOB DEST. FOB DEST. FOB DEST FOB DEST.
1 Signs - no dogs EA 2 $11001 $22.00 $40.00 I $80 00 I
2 10 Ln Fl Split Rail Fence JOB 1 $50 00 I $50.00 $12000 I $12000 I
TOTAL FOR YALE NEWMAN
$72.00
$200.00
Base Bid Total
$189,211.301 $189,151.30
$84,748,480.00
T alai wI extensions
fully calculated
$201,950.00
Total wlo
designated items
extended.
ALTERNATE BID
ROOF PAINTING
BY HARTZELL
UNIT PRICE FOB
DEST
$060
$42.00
$50.00
$50 00
$060
$060
$0.60
$0.60
$0.60
$0.12
$0.13
$7500
$550 00
EAGLE PAINTING
UNIT PRICE FOB
DEST
$0.60
$30.00
$40.00
$0.50
$0.50
$0.50
$0.50
$0.30
$0.35
$010
$0.10
$20.00
$500.00
ITEM DESCRIPTION UOM
1 Seal Split Rail fence LF
2 Seal Wooden Bench EA
3 Seal Picnic Table EA
4 Seal Bike rack EA
5 Seal and Stain Cedar Shake Shin91e SF
6 Seal and Stain Buildin9 Fa~ade SF
7 Building Fa~ade ( ;~ coats of Paint) SF
8 Seal Light Poles EA
9 Boardwalklrailings( 2 coats of sealer) SF
10 Pressure Clean SF
11 Pressure Clean only SF
12 Seal Park Identification Sign EA
13 Seal Life Guard Towers EA
4- ')0
[Eagle Painting Noted: Above pricing
E approximations.
$18000
$700 00
$10000
$80 00
$420 00
$900.00
$390 00
$16000
$160.00
$740.00
$3,930.00
SUN ART PAINTIN
-
P
-
$9.64000
UNIT PRICE
FOB DEST.
$80 00 I
$12000
$200.00
197955 00
I EXTENDED PRICE I
FOB DEST.
$650.00
$427,440.00 I
SUN ART
PAINTING CORP
UNIT PRICE FOB
DEST.
$070
$200 00
$240.00
$200 00
$090
$0.90
$0.90
$250 00
$085
$0.22
$0.22
$20 00
$71000
9
A. Labor Hour Rates:
1. Routine Services:
a. Skilled Tradesman: I 50 Hours $35.00 $1,750.00 $55.00 $2,750.00 $45.00 $2,250.00 100 $5,000.00
b. Non-Skilled Labor: -, 200 Hours $20.00 $4,000.00 $25.00 $5,000.00 $30.00 $6,000.00 $50 00 $10,000.00
f-----
Routine Hours Subtotal: $5,750.00 $7.750.00 $8,250.00 $15,000.00
..-~._"-..,..---- .. -..,'------ ._ __._.....___e .._~.*._..--~---------
2. Emerqency Services.
-E" ..---
a. Skilled Tradesman: 30 Hours $50.00 $1,500.00 $55.00 $1,650.00 $60.00 $1,800.00 $200.00 $6,000.00
~-_.- 30 Hours $900.00 $25.00 $750.00 $40.00 $1,200.00 $3,000.00
b. Non-Skilled Labor $30.00 $100 00
- ----~_..__._---_.~ Emergency Hours Subtotal: --".-.-- $2,400.00 _..~ $2,400.00 $3,000.00 -"~'..__._-- $9,000.00
~'--'--"."_._- -- . ~.. -- --.- ~"1..$8, 150.00L 'I;~~, 1~o.ool_.==-1_~~~ ,~.50:~~[ I~24,~O~...~
Total for Category A (Routine and Emergency
>--.---..-... -.-.---------.--..-.. Services):
- _.._-~_.- . '"1"-"~ ~--, _._._~_._.._.~--~ -. _,"."'__M'. p~~~~~~g;r ,",-~,-,,'----' ".--- ..... ... .-.. .... ._. .---...-- ....1
1" Aoo",' Part, & Percentage Percentage Percentage
B. Parts and Materials: ~.n_ Materials Exp n Markup Total Total Markup Total Markup Total
--""
b. Percentage of Mark-Up
from Cost for Parts &
Materials $8,300.00 15% $9,545.00 ~$9'130'OO 15% $9,54500 30% $10,79000
-_. --"~ ~~. ._- -..-. ,~,._.. ._~ -- .~_.~- ~ .-.- - --...........---
._---~..__._~->.. Total for CateQory B: ......--.--- _.. .... ...---. .-... ... ....--- --.--. ..-.... .-. ..- .-
_.,------~.._-~. .. .. .'~ ---~,-~ .. .. -.....,-.-
Bid #2004-063
Paver Block Installation and Repairs
July 27,2004 @ 2:30pm
~11r0~i
/ p.vJ
Hartzell Construction,
Inc.
National Brick Paver
Corp.
Hourly
Rate Total
Total
ARZ Builders, Inc
1--- .....----...-.--..-...--.. '. ..... '- -- ---'
~~scription Quantit
I PAVER BLOCK INSTALLATION AND REPAIRS
Hourly
Rate
Hourly
Rate
Total
P~~EH BLOCK INST A~~: ;~~~a~~~:~~A~~__
$17,6~~.~
~~.~~:~~~~.
$20,7~~~~1
}c.J.L.-}
1..... \ J
(5~~~J'J
National Brick Paving &
Waterproofing, lnc
Hourly
Rate Total
$34,790.001
.)
i Cf/~o/f!Joav~
CITY HALL' 201 WEST PALMETTO PARK ROAD' BOCA RATON, FLORIDA 33432-3795. PHONE: (56l) 39)-7700
(FOR HEARiNG iMPAIRED) TDD: (561) 367-7046
SUNCOM: (56l) 922-7700
rNTERNET: www.cl.boca-ratonfLus
August 9, 2004
CORRECTION
(This letter superscedes letter dated 8/5/04)
Hartzell Consturction, Inc,
Edward F. Holman, President
4100 N. Powerline Road
Pompano Beach, FL 33073
Tel: 954-957-9762 I Fax: 954-957-9766
Subject:
Re:
Bid No. 2004-063, Paver Block Installation and Repairs
"Primary" Award Recommendation
Dear Mr. Holman:
You are hereby notified that Hartzell Consturction, Inc. has been made the "Primary" awarded vendor for
the above subject bid. In accordance with item #17 "Award" of the bid specifications, the above subject
bid is intended to be awarded to a "Primary" and "Secondary" vendor. For your information, the
secondary awarded vendor for the above subject bid has been made to National Brick Paver Corporation
Also attached is a bid tabulation provided to you for your reference.
As a reminder "Primary" and "Secondary" is defined as follows: The Primary vendor is to be used in
every instance of requesting any type of paver block installation and/or repairs as long as bidder
::onforms to time frames referenced for prompt service and all remaining bid requirements. If the Primary
vendor is not able to conform to the bid requirements, the City reserves the right to contact the
secondary vendor accordingly.
The initial contract period will be from 8/3/04 through 8/2/05, automatically renewed thereafter, with a
maximum of three one year renewals as per term and condition #4 "Contract Period" in the bid.
Orders from the City of Boca Raton will be placed throughout the contract period on an as needed basis
via blanket purchase order or normal purchase order. All terms, conditions, specifications and prices for
the above subject bid shall apply. Request for orders meeting or exceeding $25,000 will require council
approval.
Please arrange to mail your organization's original insurance certificate to my attention. Your insurance
certificate must disclose the limits established in the bid with the City of Boca Raton and Greater Boca
Raton Beach and Parks District named as an additional insured.
Thank you for your cooperation. We look forward to a prosperous working relationship with your
organization. If you have any questions, please call me at (561) 393-7869.
rt. 3ererv.~. -~
" /.')\ ,
:" . " / /,.:/;/1 ,I
,.E'/' .......-~--->,,;~_......
. /, ,1 / /. ;.--'.. -.
. .. ..<.",<<, i.../::';'- "2.,/<-'I'L
Diane LoPresti, Buyer
c: Michael Roberts, Streets Superintendent
Clay Pape, Beautification Operation Supervisor
Bill Stecklow, Hartzell Construction
- AN EQUAL OPPORTUNITY EMPLOYER -
8:G \0 2004-06
_/
_/
-~
~/
(This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths).
BIDDERS CERTIFICA nON
I The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with
full understanding of the conditions governing this bid.
WlTN:~
\-\M--~IL C<0f0->U.UGt!OV]YC ~
Name'of idder
-4-JOO JJ POl vef{L-/ tVE f<D
Street Address
/} D~O 3
~DW'+~D F r+cc...MA-,u - 7-R~ Sl D,E"AV j
Signature (Printed, Title)
7/2?:>JO'{
Dati I
~ 5-1 ov Cf S~ '1
Federal LD. No,
is,! - CJS1-Q7Ce'L
Telephone ! Fax No, ~ f3 t.f - ~? 7- c::r 74> (...
STATE OF: FLoP.l VA
COUNTY OF: P.;o<ouJA 1l... D
The foregoing instr ment was a,cknowledged before me this 2. 3 day of .r uL '1 2004, by
W . ~ who is f..\'hs BfOe) personally known to me or who has produced
as identification and who did (did not) take an oath
N()_~ARY PUBL~S!GNATURE
C.~ . \^ -~ ~ \'", \
.~\ e/'\ JJ\~rv"'ft:.-.J
NOT ARY NAME, PRINTED, TYPED OR STAMPED
,,\11111/1 s
~,~.'t'y p(:.;--_ tephplJ St:mortl
~':"i~"'~=COmmission # DD')(jO",,",
- tnl . . - ~( 1
;~'" ,.:',{!: Expires May 4, 200?
';{i;f"{\.~;.."- . Bonded TlJ.ru
'/111\\ 4.z.a.....l'JrJC Bon .
Commission Number: 5-4-- 67.
My Commission Expires:
14
CITY OF BOCA RA rON
12/18/06
Addition to Bid No. 2004-063
Page 10/2
.0: Ed Holman, President, Hartzell Construction, Inc. In Care of: Bill Stecklow
Fax # (954) 957-9766 and Bill's Fax#482-9078, Tel # (954) 957-9762, Bill's mobile: 561-239-4711
FROM: Diane LoPrest, Buyer Tel: 561-393-7869, Fax: 561-393-7983
SUBJECT: Bid No. 2004-063, Paver Block Installation and Repairs RE: Quote for Additional Scope of Work
Pursuant to specification #14 Contract Alterations of Bid No. 2004-063, the City reserves the right to obtain a
quote for the following new scope of work. Therefore, please quote as described below and fax your response to
Diane LoPresti (561) 393-7983 ASAP. Bill if you are responding on behalf of Mr. Holman, please furnish a letter
from Mr. Holman which states that he has authorized you to conduct business on behalf of him and Hartzell
Construction, Inc. Please contact me at (561) 393-7869 if you have any questions. Thank you for your
cooperation.
GENERAL SPECIFICATIONS FOR CONCRETE REPLACEMENT AND STAMPED CONCRETE:
Contractor shall be required to include all necessary labor, tools, equipment, supervision, materials and/or
permits, site safety and maintenance plan and all costs associated with properly executing a job.
CONCRETE REPLACEMENT
Unless material on site is deemed salvageable by the City, Contractor shall be expected to remove and dispose
of existing surface and/or any other deleterious material where concrete replacement services are provided. The
concrete sub-grade is to be compacted to 98% maximum density per AASHTO T-180. Where applicable,
irrigation lines are to be capped, rerouted and repaired. Where applicable, irrigation lines that pass under the
slab shall be sleeved with schedule 40 PVC sized to accommodate a minimum of 2 pipe sizes larger than the
supply line contained, All sleeves shall be installed a minimum of 24 inches below finished grade. Any
separations between the new concrete and existing sidewalks or other similar surfaces shall be filled by 1/2"
expansion joint material. All other control and contraction joints shall match and mate with the joints in existing
sidewalks or other similar surfaces. The concrete shall meet the most current edition of the State of Florida
Department of Transportation Standard Specifications for Road and Bridge Construction. The City reserves the
right to require additional conditions and concrete mixes depending on locations and traffic loads. The finished
grades shall be set to match existing adjacent walkways. Concrete replacement for designated area shall be
pitched to assure proper drainage. Pedestrian sidewalk areas shall be surfaced with a light broom finish,
perpendicular to the direction of travel, to match adjacent concrete areas. All drawings and other submittals
necessary to obtain construction permits shall be the responsibility of the Contractor. The Contractor must
repair and restore any areas, facilities or utilities damaged when executing a job. Only if a designated area is
established for Contractor's equipment, shall he be able to keep construction equipment and materials on site. If
there is no designated area established for Contractors equipment, Contractor shall remove such equipment
and material on a daily basis. The contractor shall continuously maintain the site free from debris and trash. All
debrisltrash shall be totally removed from the work area before the end of each work period. Temporary traffic
control devices and procedures shall in placed in work zones be per the U,S. Department of Transportation
Manual on Uniform Traffic Control Devices at work areas.
STAMPING OF CONCRETE
Following concrete replacement services referenced above, Contractor shall stamp concrete with a pattern that
matches existing pattern and color of surrounding location. Where existing pattern and color does not exist in
surrounding location, the City shall select from most common patterns and color choices made available by
Contractor. In addition, if replacement of stamped concrete is to take place on owner property, and a matching
pattern and/or color doesn't exist, Contractor must confirm with resident alternative choice.
All terms, conditions, prices and specifications of Bid No. 2004-063 shall apply.
CITY OF BOCA RA TON
2/18/06
Addition to Bid No. 2004-063
Page 2 of 2
The City intends to utilize the services added herein on an as needed basis throughout the contract penoe
Please provide hourly rate(s) and a mark up percentage on material in the spaces provided below. Pricina shall
be consistent with existina Prices of subiect bid. Submitted pricina is subiect to the review & aoproval bv the City.
II CONCRETE REPLACEMENT AND STAMPED CONCRETE
A. Labor Hour Rates: labor rates shall include all travel expenses (auto and fuel) and any and all equipment
and tools required. Billing time to start at jobsite.
1. Routine Services: For work performed during business hours, 8:00 a,m. - 5:00 p.m. Monday through Friday.
a) Skilled Tradesman: Price Per Hour is: $.3 5 ' ~ 0
b) Non-Skilled labor: Price Per Hour is: $ '2-<::2 ~..s> 0
2. Emeraency Services: For work performed within 48 hours, Monday through Friday, 5:01 p.m. to dusk and
Saturdays, Sundays and Holidays.
a) Skilled Tradesman: Price Per Hour is: $ 50. €) 0
b) Non-Skilled labor: Price Per Hour is: $ :5 p ~ ~ 0
B. Parts and Materials: Provide a percentage mark up from cost for parts and materials,
a) Percentage of Mark-Up from Cost for Parts & Materials
t$
%
COMPANY NAME: H A KT2 f-[ L Cr::J~5T;2Uc-rlolJ J/J::: DATE:
. .' /;il- 1- / .
ADDRESS: ?'~ I N ,w. ~cou~r ~ 501'/& STATE:...c:..LZIP: 3;310
AUTHORIZJ?~~J~~ f c ~ PRINTNAME:W/LLIIl-~ ~
EMAllADDRESS: f;ocJ1--:3,l'~cK. ~ A-oL, (Te>ft1
TELEPHONE NO.: S(, (~9-Lf7tl FAX NO.: ~ I ~tj f2--9Q 7c?
45lf- Cf:;/~CC7G, 2_ 9$c(- ?J~7~WGC;
Hartzell Construction, Inc.
2301 N.W. 33rd Court, Suite 12
Pompano Beach, FL 33069
December 19,2006
City of Boca Raton
201 West Palmetto Park Road
Boca Raton, Florida 33432
Purchasing Department
Attention: Diane LoPresti
RE: Bid No. 2004-063
To whom it may concern:
William Stecklow has the authority to bid, negotiate, sign bids,
contracts and conduct business on behalf of Hartzell Construction, Inc.
with the City of Boca Raton.
ELL CONSTRUCTION, INC.
Edward Holman
President
Main Fax Number (954) 957-9766 Main Phone Number (954) 957-9762
WSS Fax Number (561) 482-9078
WSS Cell Phone Number (561) 239-4711
CITY OF BOCA RATOI\'
STANDARD TERMS AND CONDITIONS
::,.~~
BID NUMBER: 2005-066
BID TITLE: Weatherproofing
BIDS MUST BE RECEIVED PRIOR TO 4:00 P.M, August 31,2005 AT WHICH TIME BIDS WILL BE OPENED
_, -\'1
,\ ugust 10. 2005
j r.ENERAI INFORMATIO!\:
These documents constitute the complete set of specification requirements and bid
fonns. The Bid Proposal including all bid sheets and attachments must be filled In,
executed and submitted in a sealed envelope bearing the bid number on the outside
and mailed or presented to the Purchasing Office on or before the speCified time and
date. The face of the envelope shall contain the return address, the date and time cof
bid opening. the bid numher and tnle
It IS the sole responsibility of the bidder to ensure that Ius or her bid reaches tile
Purchasing Office on or before the closing date and time. The City shall in no way be
responsible for delays caused by any other occurrence Offers by telephone. telegram
or facsimile shall not be accepted
The bid time mLlst be and shall be scrupulously observed. Under no c"cumstances
shall bids delivered afler the time specified be considered Such bids will be retllmed
to the vendor unopened
The bids will be publicly opened In the Purchasing Office. City Hall, 201 Vi Palmetto
Park Road, Boca Raton. Florida, In the presence of City officials on the date and al the
time specified on the bid fonn
All bidders or their representatives are mVlted to be present
All bids must be typewritten or wntten m ink, and must be signed in ink bv an officer
or employee having authority to bind the company or finn
Bidders shall not be allowed to modify tbe" bids after the opening time and date Bid
files may be examined dUf1ng nonnal working hours. after bid openmg, by
appointment onlv
For lllfonnation concerning tillS bid, please contacr
CITY OF BOCA RATON
PURCHASING OFFICE
CITY HALL
20 I West Palmetto Park Road
Boca Raton, FI 33432
(561-393-7871)
2. I Fr.A I RFOlIIR FMFNTS
Bidders are required to comply with all provisions of Federal , State, County and local
laws and ordinances, rules and regulations, that are applicable to the items bell1g bid
Lack of knowledge by the Bidder shall in no way be a cause for relief from
responsibilitv, or constitute a cognizable defense against the legal effect thereof
PUBLIC ENTfTY CRIMES - In accordance with the provisions of paragraph (2)(a) of
Section 287 133, FIOIlda Statues, "a person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit J
bid on a contract to provide any goods or services to a public entity, may not sLlbmJt a
bid on a contract with a public entity for the construction or repair of a public building
or public work. may not submit bids on leases of real property to a public entity, may
not be awarded or perfonn work as a contractor, supplier, subcontractor. or consultant
LInder a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287017, for
CA TEGOR Y TWO for a period of 36 months from the date of being placed on the
convicted vendor Jist."
DRUG FREE WORKPLACE PROGRAMS - Preference shall be given to business
with Drug-Free Work Place programs. Whenever two or more bids which are equal
wilh respect to price, quality, and service are received by the City for the procurement
of commodities or contractual services, a bid received from a business that completes
the attached DFW fonn certifying that it is a DFW shall be given preference in the
award process
PROCURElvlENT CODE - This bid is govemed by the City procurement Code ."
copy of the Procurement Code is available for your review at the City Purchasing
office
"-\11) protests or dIsputes pursuant to this bid and/or contract award shall be gC\'tF-'l'
'"J\' the procedures noted in the Procurement Code
( 'IlF OJ. FTHllS - If any bidder Violates or IS a part) tu a vlOlanon of the cude
:thlcs of the City of Boca Raton and the State of Florida with respect 10 this bid, Stk"
Jldder JOE'y be disqualified from perfonning the work described in this bid 0' tmIl,
llr",shing llie goods or services for which the bid is submitted and shall be lunhc:
1lsC]uallfH:d from bIdding on any future bids for \\lork or for goods or services for the
.:;:\ of BJca Ralon .'. COP) of the City and State Ethics Codes is available at the
,.m~~ of lilt' f_ :t\ Clerk Ci!\ of Boca Raton. 201 \V Palmetto Park Road, BOC3 Rar !
icnda
1 FFDFIlAI oINn STolTE TAX
-he ,'Ill ,,r Boca Raton is exempt from Federal and State Taxes for tangible pelsuna:
'rc.pen) The Purch"slng Office will supply the successful bidder with an exemption
;~Itlfica:e \.endors or contractors dOl11g business WIth the City of Boca Raton sha]]
101 be e\elllpted from paying sales [ax to their suppliers for materials L fuifi;!
.1,,'!lactJifJi oblIgations with t'le City, nor shall any Vendor/Contractor be authonzed tn
'S~ the CI'\ s Tax E'\elllptlOll Number in securing such materials
\CCFPT,\NCFIHF TF'CTTON
11t: Clt) u! Hoca R<Jlon reserves the right 10 accept or to reject any or all biGS ailJ
llakc the ;l\vi1rd 10 that bIdder, who in the opinion of the Cit~y will be In the best
rJ!eresl JI UI!d/ol the mOSt advantageous to the City The City of Boca Raton a1:;(;
'eserves t:le nght tu reject the bid of any vendor who has previously failed !n t:l~
:)w~Jer performance of an award or to deliver on time contracts of a similar r,ature ;,'r
vh"" lIOI II' "posltlun 10 perform properly under this award. The City of Boca Raton
.eserves tl,e light to inspect all facilities of bidders in order to make a determination a;
'J the fn~-egolilg Tl,e City of Boca Raton reserves the right to waive an:y irregularit!~:;
and leClJnlCalftJes and may, at 11'5 discretlon, request a fe-bid
,\ I TEfl"A TlVFSiA PPROVFn FQliA I ffiFVTA nONS
]lliess uthe~'\vise specifIed, the mention of the particular manufacturer's brand name ();
lumber 1i1 thc speCifications does not imply that this particular product is the only one
:I;et will lJe considered for purchase. This reference is intended solely to designate the:
> r'pc q'.:(lllty of merchandise that will be acceptable. A.1ternate offers \Vl!j lle
'oilsIJe:"Cl: Cl1~d 1\1:'~51 Include descriptive literature and/or specifications Failure
Irnvide dcscnpttve literature and/or specifications with alremate offers may be caUSt'
rjl<.;C1Wliificatloll ('I the hid
"~Ie delel1:1ill,l1ion a~ tu \vllether any altemate product or service is or is not equal
i,~ !m\de h\ ~he Cil\' llf Boca Raton and such determination shall be final and h1l10i:I\'
'.ltiluUgh :Il~ L::t) doca Raton proVIdes for the conSIderation of altemate bids,
c~;('r\'es ti\(' Il~h: to make an award in the best interest of the City Such award ma:
II~ceS:;:-11 'IV be l.':i\'~r to the lowest hid offered
I"h~ b\dJ-..:" ~l1l.1il bt responsible fo~ reading vcry carefuliy, and understand:
olllplelti \ t;le reqlllrt:mCl1ts and the specifications of the items bid upon
de\,latlol' frum speCifications listed herein must be clearly ll1dicated, olhern'lSc "
i~ lOI1Sl(Jcr~cJ Ilia! Items offered are in stnet compliance \vith these specification"',
11e succe5,Slu! bidder ,,"vill be held responsible therefore; deviations must bc exp]aHH~L
"1 detail DIl all attached sheet(s) and itemized by number Any Item or ilems tila, d,
11Jt meet City specifications upon delivery \vill no! be accepted and if the item cn.m;c:
be broughl up to specifications in a
reasonable tll11e, the bidder will be reqUired to compensate the Cit\ for differe""
xice entailed in going to the next lov." bidder
:ill.JliD
,Nil ere Jill're' than one Item ]$ I1sted, an} ilems not bid upon shall be IndicareJ' ,-.
:ID' II-,;' Ilems are bid 011, the "Statement of NO BID" should be returned, wili!:i l
':1',:;hpc \dJlll!V mmked "NO BID" and with the bid number Failure to do sc
an indication that the bidder does not wish to be considered for future bids.
7. NON-rOT ,I "SinN
Bidder certifies that tbis bid is made without prior understanding, agreement, or
connection with any corporation, firm or person submitting a bid for the same
laterials. services, supplies. or equipment and is in all respects fair and without
collusion or fraud.
No premiums. rebates or gratuities pennitted; either with, prior to or after any delivery
of material or provision of services. Any such violation may result in contract
cancellation, return of materials or discontinuation of services and the possible
removal from the vendor bid !ist(s).
8. rONFITr'T OF INTFRFST
The award is subject to provisions of State Statutes and City Ordinances. All bidders
must disclose with their bid the name of any officer, director, or agent who is also an
employee of the City of Boca Raton. Further, all bidders must disclose the name of
any City employee who own, directly or indirectly, an interest of ten percent (10) or
more in the bidder's finn or any of it's branches.
9, IINIFORM r.OMMFRrTAI rOnF
The Unifonn Commercial Code (Florida Statues, Chapter 672) shan prevail as the
basis for contractual obligations between the awarded contractorlvendor and the City
of Boca Raton for any tenns and conditions not specifically stated in the Invitation to
Bid,
lO, MISTAKFS
In the event of extension error(s), the unit price will prevail and the bidder's total offer
will be corrected accordingly. In the event of addition errors, tile extended totals will
prevail and the bidder's total will be corrected accordingly. Bidders must check their
bid proposal where applicable. Failure to do so will be at the bidder's risk. Bids
having erasures or corrections must be initialed in ink by the Bidder.
II. AVAJl ARII,rTY OF FIINnS
The obligations of the City of Boca Raton under this award are subject to the
'vailability of funds lawfully appropriated for its purpose by the State of Florida and
.he City of Boca Raton.
12 FFOSTATFMFNT
The City of Boca Raton is committed to assuring equal opportunity in the award of
contracts and, tllerefore, complies with all laws prohibiting discrimination of the basis
of race, color. religion, national origin, age and sex.
13. RInTARJlI.ATJON
Bidders desiring a copy of the bid tabulation of the Invitation to Bid may request same
by enclosing a self-addressed, stamped envelope with their bid.
14. RIO FORMS
All bid proposals must be submitted on our standard Invitation to Bid form, Bid
proposals on vendor quotation foons will not be accepted.
]5. PO~TlNr. OF mo TARJJJ ATJONS
Bid tabulations will be posted, for review by interested parties, at tile Purchasing
Division prior to submission through the appropriate approval process, and will
remain posted for a period of six (6) days (excluding Saturdays, Sundays and legal
holidays) after the bid submittal deadline date. Failure to file a protest within the time
prescribed in the Procurement Code shall constitute a waiver of proceedings under the
referenced Code.
16 rONTRArTlJAI Ar.RFFMF.NT
This Invitation to Bid shall be included and incorporated in the final award. The order
of contractual precedence will be the purchase order or blanket purchase order, bid
document and response. Any and all legal action necessary to enforce the award will
be held in Palm Beach County, Florida and the contractual obligations will be
eterpreted according to the laws of Florida. Any contract or agreement required by
vendor must be enclosed at time of bid response submittal.
17 SI1IWONTIlArTINr.
I f a vendor subcontracts any portion of a contract for any reason, he must state the
name and address of the subcontractor and the name of the person to be contacted on
the attached "Sr.n'cllle of rnntr.r.tnr<", The City of Boca Raton reserves the right to
accept or reject any or all bids wherein a subcontractor is named and to make the
"ward to the bidder, who, in the opinion of the City, will be in the best interest of
and/or 1110st advantageous to the City. The City of Boca Raton also reserves the right
10 rcject a bid of any bidder if the bid names a subcontractor who has previously failed
In the proper perfonnance of an award or failed to deliver on time contracts of a
similar natllle, or who is not in a position to perfoon properly under this award. The
Cil)' of Boca Raton reserves the right to make the deteonination as to the foregoing.
18 INVOIClNf:ANOPAYMFNT
I)ayment lor nny and all invoice(s) that may arise as a result of a contract, or purchase
(lrdcr issued pursuant to this bid specification shall minimally meet the following
COlldltion, 10 be considered as a valid payment request:
la) ..>.. timely submission of a properly certifiable invoice(s), in strict
accordance Witll the price{s) and delivery elements as stipulated in the
contract or purchase order document, submitted to:
The City of Boca Raton, Finance Department
City Hall, 201 W, Palmetto Rd, Boca Raton, FL 33432
111)
All invoices submitted shall consist of an original and one (I) copy;
clearly reference the subject contract or purcbase order number; provide a
sufficient salient description to identify goods or service for which
payment is requested; contain date of delivery; original or legible copy of
signed delivery receipt including both manual and printed name of a
designated City of Boca Raton employee or authorized agent; be clearly
marked as "panial", "complete" or "final" invoice,
The invoice shall contain the Bidder's Federal Employer Identification
number.
City tenns are "Net 30 days" after acceptance of goods or services and
receipt of an acceptable invoice as described herein. Any other teons of
payment must have been previously approved by the City of Boca Raton
and appear on the contract or purchase order document to be binding upon
Ihe City
Ic)
(d)
19
COMPIIANCF WITH rtTY OF ROrA RATON ORnTNANrF
A warded vendor shall comply with all applicable Boca Raton City Ordinances,
Including 16-57, "Display of Identification on Trucks and Related Commercial
Vehicles". which mandates vehicles be designated by lettering of two inches minimum
,ize on ell her side of the vehicle indicating the name and address of the person owning
ur operating lhe same for commercial use.
NOTE ANY AND ALL SPECIAL CONDITlONS AND SPEClFrCATIONS
,\TTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS
SHALL HA I'E PRECEDENCE,
20 RIO SIIRMISSION RY rTTY FMPJ.OVF,F ANn/OR OFFTrIAI
An exemption applies per Section 1123 I (2 I) of tile Florida Statutes allowing an
employee and/or official with an established company to submit a sealed bid as long as
the bidder completes and submits with their bid package Form 3A, "Interest In
Competitive Bid for Public Businesses". This fonn may be obtained from the Boca
Raton Purchasing Division.
TC-2
BID NO. 2005-066
INVITATION TO BID
BID Number 2005-066
WEATHERPROOFING
1. INSTRUCTIONS TO BIDDERS
The City of Boca Raton, Florida is hereby requesting sealed bids from qualified bidders fer
Weatherproofinq, Bid Number2005-066, which will be received by the City of Boca Raton until 4:00 p.m,
prevailing time on August 31,2005, at the Purchasing Office, City Hall, 201 West Palmetto Park Road, Boca
Raton. Florida 33432, The City of Boca Raton shall not be held responsible for the content of bid packages
obtained from any third party source nor will the City be responsible for providing addenda to potentia/
bidders who receive a bid package from other sources than the City of Boca Raton Purchasing Division
Bidders must follow the City of Boca Raton visitor security access procedures when hand delivering
bids. Bidders should allow at least 30 minutes to follow the below visitor procedures,
1. Enter building through the front entrance door (North side of City Hall Building)
2. Present photo identification and sign-in at the front desk at which time a visitor badge will be
provided
3. Proceed to the Purchasing Division Office, Room 105
4. Present bid in the Purchasing Division for official date/time stamp prior to the closing date and
time
Bids shall be publicly opened and read aloud immediately thereafter This bid package contains 34 pages
including pages TC-1 and TC-2, Bidders are responsible for verifying that they have received all bid pages.
Bidders are requested to submit an original and one copy of their bid document for review by the City,
Any ambiguities or inconsistencies should be brought to the attention of the City through written
communication with the City five days prior to the opening of the proposals
The purpose of this bid is to provide weatherproofing services on the exterior of all wood structures and
various items at twenty-nine (29) Park facilities located throughout the City of Boca Raton as identified In
scope of work.
2. INFORMATION
Any questions by prospective bidders should be directed to Robert M, Bolinski, Buyer of the Purchasing
Division, (Telephone Number 561-393-7873) who is authorized only to direct inquiries to various portions of
the bid so bidders may read and interpret such for themselves, No authorization is allowed by any City ot
Boca or Purchasing Division personnel to interpret, or give information as to bid requirements in addition to
that which is contained in the written bid document. Interpretations of the bid or additional information as to
its requirements, where necessary, shall be communicated to bidders only by written addendum after written
requests have been received from the bidder, All written requests must be received five (5) days prior to
bid opening. Questions may be faxed using City fax number (561) 393-7983.
3. ADDENDUMS
Changes in specification requirements will be issued In official addendum(s), The issuance of written
addendum(s) is the only official method whereby interpretation, clarification changes or additional information
can be given, If any addendum(s) are issued, the City will attempt to notify all known prospective bidders by
fax or by mail. However, it shall be the responsibility of each bidder, prior to Bid submittal to contact
the Purchasing Division at (561) 393-7871 to determine if addendums were issued and to make such
addendum(s) a part of the Bid. The City shall not be responsible for providing said addenda to potentiai
bidders who receive a bid package from other sources
BID NO, 2005-066
4. EVALUATION METHOD
Complete Bid packages will be evaluated by City Personnel taking into consideration price, labor, supplies,
equipment, tools and service proposed along with Bidder's qualifications, adequate organization, references,
and personnel to ensure prompt and efficient service to the City, The City will determine which Bidders are
"responsible and responsive",
5. INSPECTION OF FACILITIES
It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and
its relation to any other work in the area, including possible interference from other site activities.
Arrangements for bidder's inspection of facilities and/or activity schedules may be secured from Diane
Schwer, Assistant Parks Superintendent, telephone number (561) 393-7847. Failure to visually inspect the
facilities may be held against the bidder,
6. CONTRACT PERIOD I
The initial contract period shall be for two (2) year automatically renewed thereafter for two, one-year
renewal periods subject to cancellation clause as provided herein. Automatic contract renewal shall be
subject to the appropriation of funds, satisfactory performance and determination that the contract renewal
is in the best interest of the City. The City requires a firm price for the initial contract period. Requests for
contract amount adjustments shall be submitted in writing to the Buyer identified herein ninety (90) days
prior to the renewal date for review by the City.
II REQUIREMENTS OF BIDDER II
7. QUALIFICATION OF BIDDERS
This bid shall be awarded only to a responsive and responsible bidder (s), qualified to provide the work
specified. The bidder should submit the following information with their bid package to be considered
responsive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the
requested information may result in the bid being considered non-responsive. City forms are provided for
your use starting on page number 19.
A. Summary indicating bidder's experience and training in similar work for Government Agencies.
B. Three (3) references that list a brief description of similar accounts and size, satisfactorily completed
with location, dates of contracts, names, addresses and phone numbers of owners.
C. List number of estimated labor hours and number of workforce available to perform work if awarded
contract.
D. List of Materials, equipment, product/brand to be used and names of employees performing this
scope of work,
E. Number of year's organization has been in business.
F. Submission of Quality Control Program.
G. Submission of Safety Program
8. ALTERNATES AND DESCRIPTIVE LITERATURE
Bidders must furnish all information reauested and in the space provided on the bid form, if any. Further,
each bidder offering an alternate manufacturer other than the manufacturer's specified must submit
descriptive literature and/or complete specifications for the manufacturer offered. Additionally, this
information must be submitted to Robert M. Bolinski for consideration prior to August 18, 2005,
during normal business hours, (8:00 A.M. to 5:00 P.M.) to be considered for evaluation. All bidders
2
BID NO. 2005-066
who have picked up the bid package will be notified by written addendum if alternate manufacturer (s) were
approved, four (4) days prior to the bid opening date. The City will not accept a substitute for Deck &
Shake Products. This product has been utilized on prior Weatherproofing contracts and is also
environmentally safe, Reference to literature submitted with a previous bid will not satisfy this provision
Bids which do not comply with these requirements shall he subiect to rejection
9. REFERENCE TO BRAND NAME (S)
Reference to Brand Name (s) is for the purpose of describing the standard of quality, performance and
characteristics desired and is not intended to limit or restrict competition, as outlined in Item Number 9
except for Deck and Shake Sealer and Stain products
10. SAMPLES
Samples of product when required, shall be furnished free of charge of any sort to the City, Samples which
are not destroyed from testing will become the property of the City of Boca Raton unless otherwise stated
by the Bidder. Samples shall be clearly identified with the vendors name and description of product
11. WARRANTY
The successful bidder shall fully warranty all services furnished against defect in materials and/or
workmanship for a period of one (1) year from date of completion and acceptance by the City of Boca
Raton. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during
the above stated warranty period, the successful bidder shall repair or replace same at no cost to the City of
Boca Raton, immediately upon written notice from the Purchasing Manager or his/her designee
12. SUBCONTRACTING
If a vendor subcontracts any portion of a contract for any reason, he must include, in writing the name and
address of the subcontractor, name of the person to be contacted including telephone number and extent of
work to be performed. This information shall be submitted with bid response and approved by the
City. The City of Boca Raton reserves the right to reject a bid of any bidder if the bid names a
subcontractor who has previously failed in the proper performance of an award or failed to deliver on time
contract of a similar nature, or who is not in a position to perform properly under this award
13. OCCUPATIONAL LICENSE
All businesses in the City of Boca Raton are required to obtain a City of Boca Raton Occupational License
at a cost of $105.00 per year in addition to other one-time fees that may be incurred (application fee,
certificate of use fee, use inspection fees, fire inspection fee), For further information regarding license fees,
call (561) 393-7937. All other businesses not located within the City of Boca Raton must show proof
of a current Occupational License for their business location, unless exempt. A copy of the license or proof
of exemption shall be submitted prior to awarding the bid
14. DRUG-FREE WORK PLACE
Preference shall be given to businesses with Drug-Free Work Place programs, Whenever two or more
proposals which are equal with respect to price, quality, and service are received by the City for the
procurement of commodities or contractual services, a proposal received from a business that completes the
attached DFW form certifying that it is a DFW shall be given preference in the award process.
15. COMPLIANCE WITH OCCUPATIONAL HEALTH & SAFETY
Bidder certifies that all materials, equipment, etc" contained in this quote meets all O,S.HA requirements
Bidder further certifies, that, if he/she is the successful bidder, and the materials, equipment, etc, delivered
is subsequently found to be deficient in any O,S.HA requirement in effect on the date of delivery, all costs
necessary to bring the materials equipment, etc., into compliance with the aforementioned requirements
shall be borne by the bidder.
~
,
v
BID NO. 2005-066
The successful contractor shall be solely and completely responsible for conditions of the job site, including
safety of all persons, (including employees) and property during performance of the work. This requirement
shall apply continuously and not be limited to normal working hours, Safety provisions shall confirm to the
U.S, Department of Labor (OSHA), Florida Department of Labor, and all other applicable federal, state,
county, and local laws, ordinances, codes, and regulations, Where any of these are in conflict, the more
stringent requirement shall be followed. The successful Bidder's failure to thoroughly familiarize
himself/herself with the aforementioned provisions shall not relieve him/her from compliance with the
obligations and penalties set forth therein,
The City reserves the right to make safety inspections at any time the successful bidder is within the City
limits to ensure safety rules are not being violated,
16. OCCUPATIONAL AND ENVIRONMENTAL SAFETY AND HEALTH
The Contractor shall comply with all applicable Federal, State and Local laws regarding "Occupational
Environmental Safety and Health". This shall include but not be limited to compliance with the U.S.
Department of Labor-Occupational Safety and health and the Florida State Department of Labor Divisions
of Safety Standards and regulations.
Upon request the contractor shall provide the City with a copy of their written safety program pertaining to
the subject of the bid/contract, if such a program is required by law,
The contractor shall in accordance with the OSHA standards and Chapter 442 Florida Statutes provide the
City with a Material Safety Data Sheet (MSDS) for any covered item which is delivered to the City of used
by the Contractor on City property as a result of this bid or contract. The Contractor shall ensure that these
covered items are also labeled as required."
17. INSURANCE REQUIRED (Proof of ability to obtain insurance to be submitted with bid document)
WORKER'S COMPENSA TrON
The contractor shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation
Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage
shall include Employers' Liability with limits meeting all applicable state and federal laws. This coverage
shall extend to any subcontractor that does not have their own Workers' Compensation and Employer's
Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the City of
Boca Raton via Certified Mail.
COMMERCIAL GENERAL LIABILITY
The contractor shall procure and maintain, for the life of this Contract/Agreement, Commercial General
Liability Insurance, This coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability,
This policy shall provide coverage for death, personal injury or property damage that could arise directly or
indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily
Injury Liability and Property Damage Liability with no more than a $10,000 deductible.
The City of Boca Raton the Greater Boca Raton Beach and Park District must be named as an
additional insured. The additional insured requirement is waived if the vendor is delivering a product
owned by the City. Thirty (30) days written notice must be provided to the City of Boca Raton via Certified
Mail in the event of cancellation.
4
BID NO, 2005-066
BUSINESS AUTOMOBILE LIABILITY
The contractor shall procure and maintain, for the life of the Contract/Agreement Business Automobiie
Liability Insurance
The minimum limits of coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability, This coverage shall be an ",A.ny Auto" or "Comprehensive Form"
type policy.
In the event that the Contractor does not own any vehicles. we will accept hired and non-owned coverage
in the amounts listed above. In addition, we will require an affidavit signed by the Contractor indicating the
following:
"Company Name"
does not own any vehicles
In the event we acquire any vehicles throughout the term of his Contract/Agreement.
agrees to purchase "Any Auto" or
"Company Name"
Comprehensive Form coverage as of the date of acquisition
Contractor's Signature:
Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in the event of
cancellation,
SUBCONTRACTOR'S INSURANCE
The Contractor shall require each of his subcontractors to take out and maintain during the life of hiS
subcontract the same insurance coverage's required of the successful Contractor. Each subcontractor shall
furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor
shall furnish one copy of the Certificate to the City of Boca Raton.
SUPPLEMENTAL PROVISIONS
1. The insurance coverage and conditions afforded by this policy(s) shall not be suspended,
voided, canceled or modified, except after thirty (30) days prior written notice by Certified
Mail, Return Receipt Requested, has been given to the City of Boca Raton's department that
originated this contract
2, Certificates of Insurance meeting the specific required provIsion specified within this
Contract/Agreement shall be fOfiNarded to the City of Boca Raton Department that originated
the contract, and approved prior to the start of any work or the possession of any city
property,
18. INDEMNIFICATION/HOLD HARMLESS AGREEMENT
Contractor shall, in addition to any other obligation to indemnify the City of Boca Raton and the Greater
Boca Raton Beach and Park District (BPD) Florida and to the fullest extent permitted by law, indemnify
and hold harmless the City of Boca Raton and the Greater Boca Raton Beach and Park District (BPD), its
officials, and employees from and against all claims, actions, liabilities, losses (including economic
losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction
of tangible property including the loss of use resulting t1erefrolll, or any other darnage or loss caused b:~'
any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor
any subcontractor, or anyone directly or indirectly employed by any of them
5
BID NO. 2005-066
The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of
damages, compensation or benefits payable by or for the Contractor or any subcontractor under any
contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit
acts or any statutory bar,
Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by
the City of Boca Raton and the Greater Boca Raton Beach and Park District (BPD) to enforce this
Indemnification clause shall be borne by the Contractor The obligations contained in this Indemnification
Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension
of this agreement.
19. DEFINED TERMS
Terms used in these Instructions to Bidders are defined and have the meaning assigned to them. The term
"Bidder" means one who submits a Bid directly to the City as distinct from a Sub-Contractor, who submits a
Bid to the Bidder. The term "Successful Bidder" means the best, qualified, responsible and responsive
Bidder to whom the City (on the basis of City's evaluation as hereinafter provided) makes an award. The
term "City" refers to the City of Boca Raton, a municipal corporation of the State of Florida. The term
"Contractor" shall mean the individual(s) or firm to whom the award is made or also referred to as the
Successful Bidder,
20. TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or considered and any
and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid.
If submitted either purposely through intent or design or inadvertently separately in transmittal letters,
specifications, literature, price lists or warranties, it is understood and agreed the general and special
conditions in this bid solicitation are the only conditions applicable to this bid and the bidder's authorized
signature affixed to the bidder acknowledgment form attests to this,
21. COMPETENCY OF BIDDERS
Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be
considered only from firms which are regularly engaged in the business of providing the goods and/or
services as described in this Bid and who can provide evidence that they have established a satisfactory
record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services
under the terms and conditions stated herein. The term "equipment and organization" as used herein shall
be construed to mean a fully equipped and well-established company in line with the best business
practices in the industry and as determined by the proper authorities of the City.
22. AWARD
Once the Bids are opened, the Bids will be evaluated by City Personnel taking into consideration
conforming of Bid, price, equipment, materials and service proposed, along with Bidder's qualifications,
adequate organizations, and work force to ensure prompt and efficient performance of work to the City.
A recommendation will then be presented to the City Council which conforms to all requirements herein and
whose evaluation by the City indicates to the City that the award will be in the best interest of the City. The
City is the sole judge in evaluation considerations. The City reserves the right to award on an all or none
basis. The Contract will be awarded only to responsible Bidders licensed and qualified by experience to do
the work specified herein.
Bidder warrants to City that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it
engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or
investigations of any kind which would have an adverse effect on its ability to perform its obligations under
the Contract.
6
310 NO. 2005-066
Coordination of project to be with Diane Schwer, Assistant Par~s Superintendent, telephone number (561 .
393-7847,
23. ACCEPTANCE/REJECTION OF BIDS
The City of Boca Raton reserves the right to accept any or all bids and make the award to that bidder
which in the opinion of the City, is judged to be the most responsive, responsible and will be in the best
interest and/or the most advantageous to the City, The City of Boca Raton also reserves the right to reject
the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time
contracts of a similar nature, who has been suspended or disbarred from doing business with the City, or
who is not in a position to perform properly under this award. The City of Boca Raton reserves the right to
inspect all facilities of bidders in order to make a determination as to the foregoing, The City of Boca Raton
reserves the right to waive any irregularities and technicalities and may, at its' discretion request more
pertinent clarification of are-bid,
24. BACKGROUND INFORMATION
The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of
his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the
financial, technical and other qualifications and abilities of a Bidder, including past performance
(experience) with the City,
25. REFERENCES
As part of the Bid evaluation process, the City may conduct an investigation of references including a
record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of
the process and consent to investigate. City is the sole judge in determining Bidder's qualifications.
26. OMITTED WORK
The City Project Manager may, at any time by advance written order and use of a change order, require
the omission and or deletion of such awarded work/services, as the City may find necessary or desirable
All work so ordered must be omitted by the awarded vendor, The amount by which the bid price shall be
reduced shall be determined as follows:
A. By such applicable unit prices, if any, as set forth in the bid; or
B, By the appropriate lump sum price set forth in the bid: or
C. By reasonable and fair estimated cost of such omitted work as mutually agreed upon by the City
Project Manager, Purchasing Manager and Vendor
EXTRA WORK
The City Project Manager may, at any time by an advance written order and use of a change order and
mutual agreement between both parties, require the performance of such extra work as it may find
necessary or desirable arising out of the modification of the Specifications, All work so ordered must be
performed by the awarded vendor, The vendor shall make IlO claim for extra work unless it has been
approved by the City in advance of the work by use of a Change Order to the existing Purchase Order
The amount of compensation to be paid to the vendor for any work so ordered shall be determined as
follows:
(1) By such applicable unit prices, if any, as are set forth in the bid or
(2) If no such prices are so set forth, then by a lump sum or other unit prices mutually agreed upon by the
City Project Manager, Purchasing Manager and the Vendor
BID NO, 2005-066
The City reserves the right to actively bid/quote and/or award extra scopes of work to other Vendors when
deemed in the City's best interests.
27. START OF WORK AND TIME FOR COMPLETION
It is hereby understood and mutually agreed by and between parties hereto that the time of delivery is an
essential condition of this contract.
By submitting a bid response, bidder, if awarded contract, agrees to begin work not later than ten (10)
calendar days from start date indicated in the notice to proceed letter issued by the Assistant Parks
Superintendent. On start date Contractor shall prosecute the work uninterrupted in such a manner, with
sufficient labor, equipment and/or materials so as to insure completion within specified time as defined in
Scope of Work, Phase I and Phase II.
If the Contractor shall be delayed in the completion of it's work by reason of unforeseeable causes beyond
it's control and without fault or negligence, including, but not restricted to, acts of God or neglect of any
other contractor, the period herein specified above specified for the completion of delivery shall be
extended by such time as shall be approved by the Assistant Parks Superintendent.
28. DEFAULT
In the event that the Contractor cannot respond adequately to the needs of the City by reason of equipment
failure or any other reason, the Contractor shall advise the City in writing within 24 hours of said inability,
and further advise as to the length of said inability. The City may then consider said inability to be a breach
of this Contract and may undertake the necessary work through its own services or those of another
Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from
the payments to be made to the Contractor under this Contract
29. PAYMENT
Partial billing will not be accepted. The City of Boca Raton will pay 100% of the contract price after the
entire Sugar Sand Science Playground has been serviced and accepted. The using Department will make
final inspection of the work covered by this bid when it is completed and finished in all respects in
accordance with specifications and must be approved before payment is made. Failure in the awarded
bidder's responsibility as outlined will result in payment withholding until compliance is received and
approval granted. Unsatisfactory items will be explained by the Using Department and corrections shall be
completed within two (2) working days, Invoice must reflect purchase order number. Payment terms are
net 30 days,
30. INSPECTIONS AND DIRECTION
The work will be conducted under the general direction of Diane Schwer, Assistant Parks Superintendent,
telephone number (561) 393-7847 and is subject to inspection by her appointed inspectors to insure
compliance with the terms of the bid. No inspector is authorized to change any provision of the
specifications without written authorization of the Assistant Parks Superintendent and Purchasing Manager,
nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the bid.
Diane Schwer, Assistant Parks Superintendent, or an appointed inspector will make final inspection of the
work covered by this contract when it is completed and finished in all respect in accordance with
specifications and must be approved before payment is made. Appointments for the final inspection shall
be made one day in advance.
31. DEBRIS
Vendor shall be responsible for the prompt removal of all debris which results from this contracted service.
8
BID NO, 2005-066
32. BARRICADES AND WARNING SIGNS
The contractor shall provide roping, barricades, cones and/or tag areas serviced and take all necessa:-y
precautions to protect buildings and personnel. ,1\\\ worK shall be complete in every respect and
accomplished in a workmanlike manner and contractol shall provide removal of all debris which resul1s
from this contracted service, from the City Of Boca Raton property,
33. PROTECTION OF PROPERTY
The Contractor shall at times guard against damage or loss to the Property of the City of Boca Raton or
other vendors or contractors and shall be held responsible for replacing or repairing any such loss or
damage. Trees, plants, shrubbery's and any or all vegetation surrounding premises where work is to occur,
must be protected and/or secured by contractor to avoid any damage by work ensued by contractor In
efforts to accomplish service(s)/ The City of Boca Raton may w:thhold payment or make such deductions
as deemed necessary to insure reimbursement or replacement for loss or damage to property through
negligence of the successful bidder or his/her agents,
34. PERFORMANCE EVALUATION
The awarded vendor(s) performance will be heavily monitored during the entire contract period,
Throughout the contract period the vendor(s) performance will be closely scrutinized by City staff
Vendor(s) will be evaluated by use of the City of Boca Raton Performance Report. If the vendor(s)
performance fails to meet the standards specified within the bid and receives an unacceptable rating, the
City may without cause and without prejudice to any other right or remedy, terminate the contract whenever
the City determines that such termination is in the best interest of the City, Vendor's receiving an
unacceptable rating will be notified by certified mail. Contract termination shall be served by written notice
by the Purchasing Division.
35. CANCELLATION
Order will be subject to immediate cancellation if either product or service does not comply with
specifications as stated herein or fails to meet the City's performance standards.
The City of Boca Raton reserves the right to cancel this contract for any reason without cause upon thirty
(30) days written notice to Vendor, and Vendor reserves the right to cancel this contract for any reason with
cause and documentation supporting such on a schedule acceptable to the City and upon ninety (90) days
written notice to the Purchasing Manager.
36. ASSIGNMENT
Neither party to the Contract shall assign the Contrac~ or subcontract it as a whole without the written
consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder
without the previous written consent of the contracting City Department
37. NON EXCLUSIVE CONTRACT
Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement
and further agrees that the City may, at any time, secure similar or identical services at its sole option,
38. MEASUREMENTS
The square footage and linear footage noted are only estimates, Bidders will be responsible for their own
measurements and must submit a firm price accordingly. There will be no adiustments, for increase or
decrease of footage required for the job; therefore, the "Total Offer" must be based on accurate
measurements by bidders during inspection, Failure to do so will be at the bidder's risk. Any request for
unit price on the Bid Proposal page is for information only. Award shall be based solely on "Total Offer",
9
BID NO. 2005-066
39. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES
It is hereby made a part of this Invitation to bid that the submission of any bid response to this request
constitutes a bid made under the same terms and conditions, for the same contract price, to other
government agencies if agreeable by the bidder.
At the option of the vendor/contractor, the use of the contract resulting from this solicitation may be extended
to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties
and cities,
Each governmental agency allowed by the vendor/contractor to use this contract shall do so independent of
any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable
only for goods or services ordered, received and accepted, No agency receives any liability by virtue of this
bid and subsequent contract award.
40. ATTACHMENTS
A map of the Park Facilities is attached and is considered to be a component of this bid.
10
BID NO. 2005-066
TECHNICAL SPECIFICA TIONS
"Weatherproofing"
SCOPE
Provide all labor, materials (inclusive of shipping/freight costs), tools, equipment, supervIsion and
necessary cleanup (leaving areas free of debris) needed to weatherproof, stain and varnish or paint as
specified on the structures at the various Park facilities Weatherproofing Services shall be conducted
annually, subject to appropriation of funds and the most suitable time of year as deemed appropriate by
the Assistant Parks Superintendent and site supervisors.
The City of Boca Raton anticipates the work to be conducted in two (2) phases, Phase I and II, The City
reserves the right to change these dates during the contract period as required by fiscal year funding and or
scheduling of activities within the specific locations
Phase I
The estimated start date for Phase I of Weatherproofing Services will be September/October 2005 for all
locations except Sugar Sand Park, Assistant Park Superintendent or designee shall indicate to the
successful bidder time for commencement of work with specified start date in notice to proceed letter
From the start date(s) indicated, services shall be completed within forth-five (45) calendar days.
Phase II
Contingent upon Fiscal Year 05-06 funding and availability of funds, the start date for Phase II, Sugar
Sand Park for Weatherproofing Services will be February 21,2006 and be completed by March 8, 2006
Assistant Park Superintendent or designee shall indicate to the successful bidder time for
commencement of work with specified start date in notice to proceed letter.
Rubberized floor decking, plastic slides, plexiglass display and window enclosures, fish display
pieces surrounding first floor water area and fish display in children's tot lot shall be covered and
protected by the contractor from all over spray during application process at Sugar Sand Park
Science Playground.
PRODUCT SPECIFICATIONS
The Successful bidder shall be responsible for the cost of ALL material (inclusive of shipping/freight
costs necessary to complete Scope of Work to City's Satisfaction). The City of Boca Raton shall not be
held responsible for any payment, litigation or liability costs that result from Contractor acquiring
materials required for this bid. Additional coats of each product shall be applied where deemed
appropriate and necessary by the Assistant Parks Superintendent at No Additional cost(s) to the City.
Product specifications to be used for "Weatherproofing" services on are as follows:
· Jomax mildewcide concentrate by the Zehrung-Chembro Division or an equivalent product/brand,
· Iron clad rust inhibitive primer #168-20 by Benjamin Moore or Devoe, Glidden, MAB, Porter, Sherwin
Williams, UCI or equivalent product/brand.
· Iron clad rust inhibitive paint #071-60 by Benjamin Moore or Devoe, Glidden, MAB, Porter, Sherwin
Williams, UCI or equivalent product/brand,
· Deck and Shake #71 (Gray), #72 (Cedar) and # 74(Brown) #76 (White) Stain NO EQUIVALENT
BRAND PERMITTED.
· Deck & Shake #70 Clear Wood Sealer, NO EQUIVALENT BRAND PERMITTED.
1 1
BID NO. 2005-066
Deck & Shake #70 Clear Wood Sealer can be purchased from:
Pacific Sales & Manufacturing Company
PO Box 7249, Berkeley, California 94707
Contact: Dennis Acevedo, Telephone: (800) 541-0128
REQUIREMENTS FOR STRUCTURES TO BE WEATHERPROOFED, STAINED AND VARNISHED OR
PAINTED:
A. Cedar Roof Shakes - Replace any shakes that are missing or damaged during pressure
cleaning procedures. All roof shakes shall be stained with Deck & Shake Cedar Stain # 72 or
equal and then sealed with Deck & Shake # 70 Clear Wood Sealer with extra U.V. in accordance
with manufacturer's instructions.
B. Park signs are to be covered with Deck & Shake solid stain and then sealed with Deck & Shake #
70 wood preservative. Color samples to be applied on designated signs for approval by the
Assistant Parks Superintendent.
C. Exposed roof decking at soffits shall be covered by two (2) coats of Deck & Shake # 70 Clear
Wood Sealer in accordance with manufacturer's instructions.
D. Hughes Park bathroom ceiling shall be lightly sanded and re-varnished with exterior grade
polyurethane helmsman varnish by Minwax.
E. All fascia, clerestory exposed wood, exposed soffit roof decking and beams, horizontal bands on
exterior walls, AlC enclosure and roof screens shall be stained to match existing color, using either
Deck & Shake # 71 (Grey) Deck and Shake # 74 (Brown) or equal and then sealed with Deck and
Shake # 70 Clear Wood Sealer with extra U.v. If not previously stained, then seal with two (2)
coats of # 70 clear Wood Sealer.
F. All boardwalks to include all wood railing, decking, stairs, or attached benches shall be covered on
all exposed surfaces with two (2) coats of Deck & Shake # 70 Clear Wood Sealer with extra U.v.
G. All gazebos/picnic shelters shall be covered on all exposed surfaces including, but not limited to,
roof shakes, roof decking and beams, attached benches and railing floor decking, rafters, and
posts, with two (2) coats of Deck & Shake # 70 Clear Wood Sealer with extra U.v.
H. Restroom buildings shall be covered on all exterior wood surfaces with one (1) coat of stain to
match existing and a finish coat of Deck & Shake # 70 Clear Wood Sealer. This will include but not
be limited to, roof shakes, siding, doors, vents, and any exposed exterior previously stained wood
material and roof cedar shakes.
I. Miscellaneous wood structures: wood picnic tables, wood garbage can enclosures, wood single and
double freestanding bench, wood bicycle racks shall be covered with two (2) coats of Deck & Shake
Clear Wood Sealer # 70. All concrete beneath wood structures, wood benches and adjacent walks
shall be pressure cleaned.
12
BID NO. 2005-066
APPLICATION AND WORKMENSHIP FOR WEA THERPROOFING SERVICES
1. Pre-treat all exterior wood surfaces as per manufacturers specifications with Joma;.
mildewcide concentrate by the Zehrung-Chembro Division or an equivalent product/brand
2, Pressure clean all surfaces with a minimum of 2000 PSI. to remove all dirt, mildew, etc. Chlorine
bleach solution of 2/3 water, 1/3 chlorine to be used. .l\llow drying completely before applying
waterproofing or paint.
3, Apply all materials in accordance with manufacturers instructions. Do not dilute any materials
used, Deck & Shake stain and sealer shall be applied with a minimum of two coats, wait 24 hours
between coats, DO NOT APPLY WET ON WET. More coatings may be necessary depending on
the condition of the wood being covered, The Assistant Parks Superintendent or site supervisor
determines if coverage is adequate,
4. Exposed metal structural angles, connecting plates, nuts, and bolts shall be wire brushed, clean of
dirt and rust, and primed with iron clad rust inhibitive primer by Benjamin Moore, Devoe, Glidden,
MAB, Porter, Sherwin Williams or UCI and painted with two (2) coats of iron clad rust inhibitive
paint by Benjamin Moore, Devoe, Glidden, MAB. Porter, Sherwin Williams or UCI. Color samples to
be applied on designated hardware, in place, for approval by the Assistant Parks Superintendent
5. Pressure treated pilings do not have to be coated with waterproofing. All other exposed wood
unless otherwise specified, shall be covered with Deck & Shake # 70 Clear Sealer
6. Sand top of hand rails prior to applying Deck and Shake # 70 Clear Sealer
7. All windows will be protected from stain and sealer by covering with 3M Liquid Mask or equal and
to be removed after the second application of weatherproofing have been completed.
8, Sufficient drying time has to be allowed between staining and sealing and between two sealing
coats.
9. All work shall be accomplished by skilled workmen familiar with and trained to do this type of work
and they shall be further qualified to operate or use the equipment and rigging needed to
accomplish the work,
10. Materials shall be applied evenly and free of runs, sags or pinholes.
11, All application tools and equipment shall be in good working order and suitable for proper
application,
12. A progress schedule shall be furnished by the Contractor for approval and shall be based on the
contract completion date, Contractor shall advise the Owner of those areas in which work is to
be performed sufficiently in advance of the work schedule to permit the Owner to prepare for the
work, advise employees, move vehicles, etc.
13, Spanish River Park Restrooms have been previously painted with oil base paint and the following
process is req u ired:
Pressure Clean Building, Prime, Paint, Weatheroroof
13
BID NO. 2005-066
Locations of Park Facilities
MaD Location Number Park Name Location
1 Boca Isles 1200 SW 2nd Avenue
6 Boca Tierra 2601 NW 43rd Street
9 EI Rio Canal Bridae (E-30 NW 4tr Avenue and EI Rio Canal
11 Georoe Snow Park 1101 N.W. 15m Street
17 Golden Fiq Park 600 N.W. ih Street
12 Gumbo Limbo Environmental 1801 North Ocean Blvd.
Complex
13 Hidden Lake NW 4m Avenue and County Club
Blvd.
14 Hillsboro - EI Rio 499 S.W. 18th Street
15 Huahes 200 NE 14th Street
16 James A. Rutherford 600 NE 24m Street
18 Lake Wyman Park 1500 NE 5m Avenue
20 Meadows Park 1300 NW 8th Street
21 Memorial Park 150 Crawford Blvd.
23 N.W.1 ith Avenue Pocket Park 620 N.W. 11m Avenue
42 Ocean Strand 910 Ocean Strand
24 Palmetto Dune 601 West Palmetto Park Road
28 Pine Breeze Park 1100 SW 20th Street
31 Red Reef Park 1400 North State Road AlA
33 San borne Square 72 North Federal Hiohwav
34 Sand Pine Park 300 Newcastle Street (NE)
35 Serenoa Glades Preserve 1101 N.W. 15m Street
36 Silver Palm Park 600 E. Palmetto Park Road
21 Skate Park @ Memorial Park 400 Crawford Blvd.
38 South Beach Park 400 North State Road AlA
38 South Beach Pavilion 400 North State Road AlA
37 Spanish River Park 3001 North State Road AlA
39 Suaar Sand 200 South Military Trail
40 University Woodlands 2501 Saint Andrews Blvd.
41 Yale Newman 470 N.W. 35th Street
14
BID NO, 2005-066
SCHEDULING AND PUBLIC SAFETY iSSUES
Contractor shall be responsible for posting signage on a!l wood structures that have been applied
with weatherproofing materials, stain, paint or chlorine For example, picnic tables, wood fences,
trash receptacles, wooden playground equipment, bike racks, exercise equipment shower post
etc.
. Weatherproofing or pressure washing cannot be done on the weekends, Also, no weatherproofing Oi
pressure washing can be done to picnic tables and shelters on Friday, due to the length of time
needed for drying and the heavy demand for weekend use,
. Vendor must post wet paint signs; signage will not be supplied or posted by the Recreation Services
Department. Signage must be dated and must be removed by the contractor once the area is
inspected and deemed dry and ready for use,
. Pressure cleaning should be done a minimum of 24 hours prior to any sealer application to allow
wood surfaces sufficient drying time.
. Areas that are being pressure cleaned need to be roped off to restrict park patrons from entering until
the work is complete; this goes for when sealer is being applied as well.
. All plastic, Plexiglas, mirrors, fixtures, brick pavers, rubber flooring, plastic wood decking, painted
surfaces, signage, glass and non-wood items need to be masked off prior to sealer application,
Over-spray of sealer on non-wood items will not be accepted.
. Drips, streaks or other indications of product over-spray will not be accepted, Pressure cleaning with
bleach must not result in stains or streaks on the tables or other wooden surfaces,
. No chlorine is to be used when pressure washing near plant material. Use plain water only, Plant
material damaged by over spray shall be replaced at contractor's expense,
. Site supervisors must be contacted prior to the onset of work in their park, to establish planned route
through park and must be advised immediately after work is completed to insure proper
processing of payment. All site supervisors are reachable via telephone, fax or email.
. Schedule changes of any kind must be discussed with and approved by site supervisors in advance
. During periods of high winds, pressure washing and wood preservative applications should be
delayed until winds subside.
. Any Park Entrance Fees or associated fees that are refunded to patrons by the City that arise from
awarded contractor not following specified procedures shall be reimbursed to the City by the awarded
contractor,
Ranqer HQI Ocean Rescue
Weatherproofing or pressure cleaning will not be done until after work hours, in this case 5:30 PM, ThiS
will allow the lifeguards to also depart the area prior to t'le cornmencement of the work
Further, the Coast Guard Auxiliary conducts classes ilightly Clt the headquarters classroom starting at
about 7 PM, Therefore, all work must be completecl before 7PM to minimize exposing the public tc
chemicals and cleaning solvents being used.
Gatehouses
Do not pressure wash with chlorine, any gatehouses in which people are working, Do not apply
preservative to any gatehouse in which people are working. These activities must be scheduled prior to
the gate attendant's arrival or after their departure,
Gumbo Limbo
~~o chlorine bleach can be used in pressure washing boardwalk and tank area, Tarps must be provided
and installed over sea tanks by vendor prior to beginning any work in the area. Tanks must be protected
from over spray at all times, Hand rolling and brushing preservative is required. Prior to any work, vendor
15
. . . I'
BID NO. 2005-066
representative and their crew supervisor must meet with Steve Bass, Gumbo Limbo Manager, who can
be reached at 561-338-1535 or 561-239-1357 on site, to discuss procedures and must be present at all
times during operation. All applications in the fish tank area will be low pressure to minimize over spray.
Any application of finish to railings and tank coamings will be coordinated with Dr. Kirt Rusenko, who can
be reached at 561-338-1587, to prevent any mortality among tank inhabitants. All signs, windows and
external hardware shall be pressure cleaned and then securely masked prior to preservative application.
Application crews must provide tarp and cover plant material before preservative is applied,
Skate Park
When weatherproofing the wood quarter pipe, all areas around and under it need to be covered with
a drop cloth.
16
COUNCIL APPROVAL PROCUREMENT RECOMMENDATION
TARGET AGENDA DATE: September 27.,2005
Subject:
Weatherproofing
Bid Number:
2005-066
Department
Recreation Sef\lJces
procurement Method:
Sealed Bid
Bid Opening Date:
43 Bids Solicited
7 No-Bids
3 Responses
August 31,2005
Award Amount:
$189,151
Contract Period:
This is the first year of the two-year contract award period, The
City reserves the option to renew annually subject to appropriation
of funds not to exceed a maximum of tvvo one-year renewals.
Award to:
Low Responsive Responsible Bidder, Roof Painting by Hartzell
.____~: Pomp-ano e~~~_h_,_E~_________ __
Scope:
This procurement provides for weatherproofing services to the
wood structures at the following park locations: SpaniSh River,
James A. Rutherford. South Beach, South Beach Pavilion, Sand
Pine, Hidden Lakes, Boca Isles, Pine Breeze, Meadows, Hughes,
Boca Tierra, Woodlands, Silver Palm. Sanborn Square, lake
Wyman, Ocean Strand, Memorial, Red Reef, Gumbo Limbo. Patch
Reef, Sugar Sand and various signs and fences throughout the
City_ Weatherproofing wood structures on an annual basis IS
necessary to prolong the life of the wood due to the harsh
elements of the salt air environment
Vendor
Total Bid
I
$427,440.00
i
--.~
~
,
.-----j
Roof Painting by rlartzetllnc.
Eagle Painting
Sun Art Painting Corp.
$189,151,30
$197,955.00
Funding Source(s):
Various Recreation Services
Weatherproofing Accounts
FY 2004-2005 $ 164,07630
FY 2005-2006 $ 25,07500
I)
/~!
Purchasin
01:'
Financial Services Director:
n,Ui
1f.,.I-V1
OMS Director:
Deputy/Assistant City Manager:
~
810 NO, 2005.066
RfJ)1)ERS CERTIFICATION
The undersigned bidder certifies thallhis bid package is submiUt:d in accordance with the specification in its
entirety and with fllllllnderstanding of the conditions governing this bid. .
. Bidder must submit proof that their firm n:\mc is registered with their State oforigin.
Q ~-rc 1/. '1l0ll.!Cl "h J+n.t1 Ua-
~ (Fiml Nm e as Reg stered with theil- Stote of origin.)
~30 ~ fl-.lV. ~~tJ ~ J S~ /2
Street Addrc$s 7
;P6~l~~o /3{IJGI( fL ?7o(P1
C ty, StlllC. ~tp
A~~'" e
PrintNam andTilleofPl;:rsonSigningthisForm WJLLifltVl ?T;;~LsW )/ IU.J("'~
~/l OJ 51"' - ( ". I - 6"2--<7'07&
~ Telcphone I Fax No,
Federal I.D. No. 91- l/tf./ll ,
STATE OF: FL
COUNTY 01<': e>.~ltl- ()
Thl! foregoing instrurnplf was acknowledged before me (hiS .J::J. day oj ~ 20P.r , by
/)...111 LI(./-#I ~/;c..fC.~+,,f1O ill (wl,t'! {'~ personally known (0 m~ls produced
, .
i..// s identi Icatio and 10 ' (did nor) rake an oath.
NQbNy Publle $'-11 of FII)rl(IB
Toni L)"1I1 Holman
My COIlITlIIsion DO<< 11193
NOTARY PUBLIC SIGNATURE
---r- ". CO; ~ '- \-\c,\ 'M A;..i
NOTARY NAME, PlUNTED, TYPED OR STAMPED
Commission Number: '\:)IJlt'4.C ~cr~ My Cnmmi:;sion Expires:
<.e- 19.0<,\
NOTE: All hids shall he in a scaled envclope and marked on the exterior "Sealed Bid No.: 2005-066". All bids
must be !;lIhmittcd in duplicate to Flocn Hnton City {-[nil Purchasing Division, 20 I W. Palmetto Park Road, BociI
Ralon, FI. by the date and lime identified in the lnstl'uctiol1s to Aiddcrs.
27
L..fb
',BID NO. 2005-066
STATEMENT OF NO BID
BID NO. 2005-066
{fyou are not bidding on this service/commodity, please complete and retum this form to: City of Boca Raton
Purchasing Department, 201, W, Palmetto Pnrk Road. Boca Raton, Florida 33432.
Failure to respond may result ill deletion of vC1Hlor's name from the qualified bidder's list for the City
of Boca Raton.
COMPANY NAME:
ADDRESS:
TELEPHONE:
DATE:
~
H'
n
\
SIGNATURE:
We, the undersigned have declined to bid on .
scrvicf.;:/commodity
because of the following reasons:
Specifications too "tight", Lc" gcured toward brand
or manufacturer only (explain below)
Insufficient time to respond to the lllvililtion to Bid
We do not offer this product or an equivalent
OUf product schedule would not permil us to perform
Unable to meet speciflcntions
Unable to meet bond requirements
Specifications unclear (explain bdow)
Other (specify below)
REMARKS:
28
.:;?
:SID NO. 2005.066
~ .
DR~G-F~~ ~~~LACE,FOR.M:
J
Bid Number 2005-066
with Florida Statute 287.087 hereby certifies that
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying tho actions
that will be taken against employees for violations of such prohibition.
2, Inform employees about thc dangl.:rs of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace. any available drug counseling, rehabilitation, :1nd employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under
Proposal a copy of the statement specified in subsection (I).
4. In the statement specified in subsection (1). notify the employees that, as a condition of working- On
the commodities or contractual services that are under Proposal, the employee will abide by the terms
oftlle statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to, any violation of Chapter 1893 or of any controlled substance law of the United State or any state.
for a violation occurring in the workplace no later than,fivc (5) days after such conviction.
S. Impose a sanctioll 011, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in lhe employee's community, by any employee who is so
convicted.
6. Make a good faith effort to continue to mail1li\in a drug.free workplace Utrough implementation of this
section.
As the person authorized to sign the stult'ment, ] certify that this firm complies fully with the above
requ' ents.
29
-Jt/~
,.. -".
/,.,....
810 NO. 2005-066
Q,lJALlFICA nONS OF BIDDER
(Failure to complete the necessary information on this sheet may be cause for rejection of your bid)
A. Summary indicating bidder's experience and training in similar work for Governm~nt
agencies.
B,REFERENCES
The following is a list of at lees! three (3) references hat the
1. Name of Firm, City, Q.9t.!I'JtY. o.l.A~en
~c>1 W "_~T"f'
Address; fj.a:It ~ I~ ~~~ Telephone: ~ '?-17'1'1
cont.ct:~ ~ Hie:
loc.Hon ~ Scope of Wo,k: l.J..J~
Year of Job, \ 9<J~ ~ :l,c,("r" Paint Manufacturer used: ~
For City Use Only: Reference Verified: Yes_ f\Jo_ Comments'
2,
~
Telephone: -;..::;r- i.o8'1
Contact: . Title: f'/ld.lu.1f Jt;;"ttV T .
loc.tlon: ~.JL(;': ~copeofWM: fa.-rb
Year of Job: '/- Faint Manufacturer used:_ ~....... ~ ~ ~
~~~=~ t:-ftf!lIl~(I7 Ce~
For City Use Only: Reference Verified: Yes~ NO_ Comments:
_._--,~,_...---t
30
~
, 810 NO. 2005-066
3,
Contact:
~,
Telephone:
Title:~
SCOpeOfWork:~~
Paint Manufacturer used: "CA....
e>-1
For City Use Only: Reference Verified: Ye$~ No_ Comments:
C. List numbers of estimated hours and number of workforce available to perform work if awarded the
~.el.ndfO/'Pha.ell. .
~~:~~ ~~
~~ ,
D. List of Materials, equipment, product/brand to be llsed and names of employees performing this scope
~~~. ~ .
-pe-&( J. -. v({~ 0-0 f!t? ~r
G,
E. Number of year's organization hU$ been in business.
~ 5;'9 ~
F. Submission of Quality Control
pmg..~~~ ~_ ~~
~~===
- ~~~~- '
~~:;~iO;}- ~ ~_ ~~
-=
31
BID NO, 2005-066
BIDDERS CHECKLIST
tY~ ~
i
.,
All bids shall be submined on the City provided Bid Package forms, Failure to do so may cause the Bid to
be rejected. All blanks on the proposed forms must be completed. Supplemental information may be
attached to the bid package forms. Bidder sllaH return a complete set of all bid package forms as listed as
follows, F'ailure to submit the required documents may result In your bid being considered non responsive,
1. Is QualifiC<ltion of bidders Inforrnation Included? (Items A - G)
2. Is Information and Descriptive Lrterature submilled clearly <Ielailing item bid?
3, Was Inspection of Facility Made?
4. Is subcontractor information submitted?
5. Is license infonnalion submitted?
6. Is stalemant certifying items conleir)ed in this biO mC~f.?ts Q.S.H. A requirements?
7, Is warranty stalemenVinformellon Included?
6. Is proof of Insuranoe submilled?
g, Is Orug Free Workplace form submitted?
10, Are aU bid pages signed?
11, Is blddern certification form notari~ed and submitted?
12. Is bid submitted in duplicate (one origin~l. one copy)
13, Are Bid Proposal Pages 23lhrough 34 and this page submitted?
14. ArE;! addendum (if any issued) $l,lt.1mitted?
Yes No
Yes::::: No:::::
Yes_ No_
yes_ No_
Yes No
Yes- No-
ves====: No~
Yes_ No~
Y~s_ No_
Yes_ No_
Yes No
Yes= No=
yes_ No_
Yes_ No_
. Jomax mildewcide concentrate ~y. the Zehrung-Chombro Division or an equivalent producUbrand.
BRANO OFFERED: ~ f}tt<--tJ"'f-
. Iron ~1~<Lf\ls.U.Ob.i,pm'LuJlmEtr #168.:';0, by Benjamin Moore or Devoe, Glidden, MAB, Porter, Sherwin
Williams, UCI. or equiyalent prod\Js:v~ra!'ld. -S
BRAND OFFERED:-4~~(a I::!!ILJ.../t!..n
Iron clad rust inhibitive paint #071-60 by Benjamin Moore or Devoe, Glidden, MAB, Porter, Sherwin WiHiams,
UC1, equivalent product/brand,
BRANO OFFEREO: ?~Cc..)(~ ?L!!(-',,'/;"fflA1.:5
. Dack and Shake #71,(Gray) #72 (Cedvr), #74 (Brown) #76 (while) Stain NO EQUIVALENT BRAND
~E8MITTED .
. Deck & Shf:lk~ #70 Clear Wood Sealer. NO EQUIVALENT BRAND P-,f;;RMITTED.
Deck & Shake products can be Clear Wood Sealer can be purchased from:
Pacific Sales & Manufacturing Company
PO Sox 7249. Berkeley. California 94707
Conlact: Dennis Acevedo, Telephone' (BOO) 5<1 ~ -0 128
32
~~s-
nEM DESCRlnlON uor", OW UNITPRICE EXIEN OED P".CE Their Total W~IT PRICE EXTENOED PRICE TheirTo1.:ll L;N II PR.CE EXTENDED PRICE Thfrr T~lal
FOB DEST. FOB D::ST FC9 DEST. FOB DEST FOB DEST. FOB DEST.
1 75' ~"''CQden Ci3nal t..a.rr r?f f€"n.::e =A 1 5 100. O~ ~100 00 ~moo 5290.03 $290 c.:,
llILlNO,2IHlS.t' '/EATHERpROOFING
AUGUST~1,: .0 P.M.
11TH A VEN ue;
I ROOF PA'NTING BY HARTZELL I
EAGLE PAINTING
TOTAL FOR 11TH AVENUE
$10000
S290(o()
BOCA ISLES PARK
SUN ART PAINTING CORP
~290C<()
$1.39000
ITE~.~ DESCHI PTI O'~ UOI." ory UNIT PRICE EXTEN[EDPi1iCE Thf,ir T otlt UNIT PHICE EXTENDED F?tIGE UNIT PRICE EXTENDeD PRICE
FOB DEST. FOB DEST. FOB 0::5T. FOB DEST. FCB DEST. Foe DES r
1 Perk S9flS - General EA 8 511.')) 58800 5201).00 $1,600.00 ~~OOO
2 No S1l:)~ing" 1.:<X>:X(l.' dog signs EA 8 511.':':; 588.00 5200 00 $1.600.00 $200.00 I
3 575' "coden spile rail rnnoe lOT 1 5250.00 $250 00 S54G 00 :S~O.OO $540.00 I
TOTAL FOR BOCA ISLES pA.RK
$.0126.00
$3.740.00
; :::l~
BOCA TIERRA PARK
ITEM DESCRIPTIO.'~ UOr.<. QTY U~IT PR,CE eXTEN DED PRI C:: UNIT ffilCE EXTENDED PRICE
FO:! DEST fOB DEST. FOB [EST. FOB DE:ST.
1 Rest Rocm wilh Metal Ro:,! wa 1 $.5CQ .00 $Y.JO.OO 5560.00 $~O.OO
2 \'\'ro, Fi:ness Equiprrlfrn! Slae~ns JOa 1 $150).00 ~ l50.00 $290.00 $290.00
3 'hro: Par~ Beroe:h E:" 8 $~).Ol] 1240.00 530.00 $240.00
4 Pt.1<: Id,ndicalion Sign JC~ 1 $5<).00 $50 .00 S85.':'} ~5.()o}
5 Pa1o. Signs - General E:" 11 $11.00 H21.00 $15.00 $1055 00
;; 7' ,.-,'ocden Dark. infom1atrn S:-gn E:" 1 $~.OO $20 00 5150.00 $ 150.00
7 S>;;ns- no dQ!P' 00 tot.a::oo' 00 snokng E.:.. 10 $11,00 l110.c-o SIS.N $l50:J.CO
a 2'6. ....lood tenn:s i~fo sign fA , $U,cO $ILOO 59S.c-:l $95.C')
9 7' ro pal ~ing sign E4 3 $2'0.00 $0000 $90.0) 5270.CQ
10 11~'J sq fl Pa'.-Iicn ..'.;I.'e:3~ Roof E.:.. 1 $451J.00 $45000 $390.0) 539:J.C')
UN
11 Sp.~ rail fenOl; - so~l' s'de FT 30) ~).~ $Hl5.00 $340 (.:) S 102 ,000. CQ
TOTAL FOR BOCA flERRA PARK
SI.a17.W
$104.395.CoO
Total,...:o item 11
e.dended
51,73500
EL RIO CANAL BRIDGE (E3)
IrEM DESCRIPTION \"'01.' QTY UNIT PRICE EXTEN DED PH ICE UNIT PRICE EXTEN OED FRICE
FOB OEST FOB D::ST. FOB DEST FOB DEST.
1 200) SO. FT BR,DGE Joe 1 ~ 1,300 DO S 1,:300 DO ~1,OOO.00 $.1,00000
TOTAL FOR EL RIO CANAL BRIOGE
51,3-:)01)0
$ r ,000 .00
GEORGE SNOW
ITEM DESCRIPTION tiO'.' OTY UNIT PRICE EXTENDED PRICE UNIT PRICE \:XTEND=D PR.C€.
FOB DEST FOB DeST FOB DEST FOO O=ST.
1 t'rash Receptacle Co\'ers. EA ~ $11.00 $44.00 1.25.00 flOC' 00
2 Wooden dumpster doors EA 1 57500 $7500 $10000 $100.00
~ Idc<r.ifica'",n sign EA , 575 0() $75.00 $0000 $6<).00
$!?4 0.00
$2.840 00
U\IT FRICE
FOOl OEST
EXTENCED PR.CE
FOB GEsr
S7.~0.00
$.2W .00
$240.00
~5.00
51055.00
5150.00
5150.00
S95. C.)
5270.00
539:J.C<J
5340.lJo:
J2,745.()O)
l1,20a 00
UN'T PR.CE: EXTENDED PRICE
FOB DEST FOB DEST
S I,C')O [.:)
51,000 (10
$2.642 CO
UNIT PRICE EXTENDED PR.CO:
FOB DEST FOB O~ST
~
S1':.J.00
$ fC').OO
~oo
BIO NO. 2W5466, WEAnjEl'~PROOFING
/(UGUST 31. 2005 4:00 P,M.
ROOF PAINTING BY HARTZELL EAGLE PAINTING
r
I .; In~';:'rT.3b'Jn s~n 'OA 1 $5O.C') $50 {(J !r.>:'.00 1eo {,~
:j ~-~i;l;.:s. - do not f~ animals: r0 do;},: et:: EA 13 $110) t1430J 1.45.00 S5S5CO
~~---
6 \~(€01h81prool pa'''"", "'A 2 $4W.OO la.~O.C() ~50 00 1900 W
7 ~,""'ea1herDroof Serenoa kiosk ='A. 1 S~W.OO t-1000~ $,'90 00 1290 00
TOTAL FORGE:ORGE SNOW
$l.~U.CoJ
52,095 OJ
GOLDEN FIG
r~ ---...-'-- DESC '" ?T10~ UGM OTY U MT FiliCE EXTENDED PRiCE UN IT PRiCE EXTEND1:D PRICE
I F0'301:3T FOB OEST fOBOEST FOB CEST
1--- --...------
1 520 L Fl ."coden perimeter ienoe EA 1 52<'J.00 1220,CoJ ~.lltJ $30.00
2 'Aat-~f\"a:.' ~J:'" - pr{)t~;ct Tr-e.K tvaf.jS EA I $<0).00 1200. (>) t240.00 $24il.00
3 Sigr6 - f):J 5"'rC-:-.ing: no do;:; EA 7 51100 $77 03 520,00 $14il.00
< P.J'~lh.jn - \.arns.h E-" 1 $">:-J .00 $600.0J $3~JOO $3WOO
ITE",,:
" PiD1;t: ta~
1::, Tr~hle
11 D _ "'pst€
12 A,:C End
1 ~ ...,r~:1or En
1.' NalureC
I,' 811:)& Re
b_ Bus Slap
17
l~
TOTAL .OR GOLDEN FIG
M,097.00
S 1.450 O~
GlI M80 lIM 130
OUldOCll
OEseRI PTl O,'~ VO~' OTY VNiT PRICE EXTENDED PRICE UNIT PR'C=' EXTE)oJDED PRICE
fOB OEST FOB OEST. fOB OE5T FOB C'EST
.-
iling i 3:K.~ ,f} J8-3 1 ~ 1,0000) $ I,OOO,O{I 52j)00 00 52,000 00
--'- -~._._"'--~- ,-- -,
o~ing i 4~Xl sf) J83 1 ~ 1 ,400.C':, $1,400.00 S3,OOOOO 53,COODO
---~-- .- --
k P.ailioi}'3€n::heSl.52.'Z'J sf, r" 1 11< ,OOO.OJ $14,000.00 515,OOOC>O $15.000 C(l
-.---.. y~ - --- f--- -~---~-_.~
'est Railings ( 13,500 s~. J03 1 $..4 ,SOD.Oj 1-4.500.00 54,:500 00 $4,500 00
-------. ~"~'-' ., . -....--.-- -
rTar.1.; Railin!} ~ 6300 sf) JCe , iZ,5009J $2.50<) 00 $2,2D'}.00 52.2'JO DO
.., -"'.----'
rTan!o: Dec:-..ing (3200 sfi JOe 1 $ 1 .300":'J $1 ,300.00 $3.000 DO 53.Cm DO
.-----
r T<m~. (Vami5h),:SOO sf Ea:::tl ( E....... --~ 5300 00 $1,200.00 52.~00 00 $10,40000
.- -.
-,"" EA 6____ S30 00 S'8<J.CQ ._~- 1--- $&O.O() $Y.;J.OO
--- ...,-.--
Cla3-'Sroom JOB ,'-L_." 5120.0J S120.C') -_..~ 1------ S;;.e..:l.OO 5980 00
L:~;::ac:~s rA ~\ i_ S1100 533 CO -- I--~~ $150.00
....~ - _~__t-,. -- i---
f Enc:o-sur(! JOB S70('~ S70.OO --~._- 1----- S lJO.OQ S1vJ.CO
._-~- - -~._-~ --.--...-..
0sure JOB S iO (.~ S70 OJ 51(>:)00 SlG30J
---"---.-.- --. _.~_...-
~UIC J~ 1 --~ $30 ()8 f-...._..., $1[>:) C..:> S10:J.CO:>
-...
H,<e,e.d~ ( 20 .l'X' sfl JDB 1 $7 SOO.C(J $7,5c{'0) .'- ~,- $9,(':';:>.00 $9.0:Y.l.C<l
-_..-- -..-.-'..- - - -
~a~th Bb~:_,~~mp'~.:.~~.O~I) 50:: ti.: JOB 1 59.(0).0'J :8,OO<J.00J S 1,000:'.0':' Sl,O':>O.C')
...,--.- --.----- ..
Bi;n:::.tJes E.~ < ...~ $100(,) .. ~- .-.2~ $100.(,;)
--. - -, 1--..
ntmcal'cn S2r i _. 1 $100 00 S100.oo ~~ S100C'~
I t".... .-- ~--, ~..
__1r::'- .-
L irrbo S.;1ns ....) ~1~ 53.:>0.00 S 15 CO -~
---- -~-- -- .~~..__._,.- -,. _u._,_,_ --
To....'€rRa
To^'€( La
H31\11O::
Ea,t& \'.
Sea^'ate
Sea-,.-ate
Sea,.'a1.~
Palk Ide
GIJrrC.o
TOTA.L FOR GlJMBO LIMBO
$.3,43.3.00
552,540.00
HI:CfDEN I.J\KES
Dc SC.R Pi] e'l J
;- T--
1:4
..~ E;1
5600 ':OJ
5100(0)
:.:r ..~.UNJj ;..R...'...cE.l- ..E.'\fENOEU P~IC~'
'f~_~~_._CE::.;._,.._ _.. ~~.08 OF-s.r "__,__.
i $}",} uo S3~ CO
T--..... .-
..l. !!'.s no __ 575CQ
...-- -T-----~
Ur,,'TP'lICE.. ExrENOED~_:.E
FOS ~ST FOB (JEST
- ,--.,------_.
-'1 P~.....Ju. ~..;~h _~~'et.31 f-<:uu~
...~t.=_~ ~::
~1?~~I~.~~r_":.l 'Siil.n
560 CO
S5~5.00
S90D.oa
S290 (<J
12.09500
!2.G&O.GO
32<0 C.:
11"'0 C,:
$390 C'J
$ 1,450.CO
$;;2.000 c.J
>3,000 C.;)
$' 5.000(';)
~..+,500 CO
:'2,200 (0)
S3,OOO 00
52.600.03
~JOO
t~~, 00
~l:"::' 00
:,1CtJ no
51[0:} UO
$1{\J ';0
39J':>O.00
S 10,O:{) O.J
5100 f.X'
5100 (0,
5450 ()J
1-',3,740 C.)
5UN ARl' PAlNTltlG CORP
UN IT FP-ICE
FOB OEST
U',IT F.~ICE
FC}3Ci:ST
S3.~5 00
E...o:. TEN DED PRIC E
FOB ~ST_._
56.1:.49.00
EXENDEDPRICE
FOB DES r
S 106 3JO 00
[~J'JIT P~~LE _ -T-;0~JDEO PR~:~
"'Oll,J~~'!.f2..':.~T -t ~..:2:J:.E~~ -1~)
Ir"' r'Jt_ 1
D.....l'lV..t.lI'\I:;)-4
It:.tUl &nt:I'CI-'XUU...INli-
AUGUST 11.
rOP.M.
ROOF PAINTING BY "~RT2ELL EAGLE PAINTiNG
3 Trellis EA- 1 !>,i;5.00 $166.00 $:!<lO.OO 535:).00
~ ParI. Signs. General EA 7 5IH'/} $71.C<J ~.OO 5175.CO
5 Par~ clos.ir.g.' no sr:'Ic'..ing signs EA 5 51U)} t5S00l ~OOO 5200.00
I) 12. .,:x<I park ,jenl flca1ion and ;rJo signs EA 2 520.00 $40.C') 119<1.00 S3BOC<l
7 \''ioo:en pork signs" EA 3 $20,00 $60.0) $13(1.00 5390,00
-. I' eai Z6-1e,,,-,s do $O.c-:J 50 CoO
r 1 ea;, T park inlo $Om 5000
~ 1 ea) T handka,:::.pc-d parking $O.CO 5000
TOTAL FOR HIDDEN LAKES
51>2200
$2.225.00
HILLSBORO-EL RIO
HEM D=SCRIPTION UOM QTY UNIT PHICE EXTENDED PR;CE UN IT PR, CE EXTEN OED PRIC E
.=080EST. F~OE5T. .OB DEST. fOB OEST.
, Idemi6ca1ion sign e..... 1 $7500 575.00 tail(\() 580.00
2 5ig", . no CO;jS: no s"'ok:"~ EA 3 51Ho{) 5Ea .00 120 00 511,3.00
3 "",'oo.:J lj_nps~er .:):x;..r5 EA I 575 ()3 575 00 190 00 590 c.)
4 4:) Ln Ft Splil P..ai: Fen:" JOB 1 520 ():J 520 00 5240 0) 5240.00
TOTAL FOR HILl580RO.EL RIO
5256 00
S570.00
H.UGHES PARK
ITEr.! DESCRIPTION UOM on UNIT PR:CE EXTEN OED PRI CE UNIT PRICE EXTEN DED PRIC E
FOBDE$T. FOB DEST. FOB DEST. FOB DEST.
1 7Co) Sq Fl Pa-\'ihon - Va.T.;-sh cOB I 51.(0)'j.00 Sl,OC<!.OO 5800. C<l 51'>:)0.00
2 Pa-x h:lentfica:ion Sign EA 1 S 75.0) $]5 00 $80 00 SSO.CoO
3 4')3' wooden sl3t .la.,'ground t>~,.::el r",-ce LOT , !A".OO t2C<J.OO 5500.00 55C10.oo
4 S .;;ns ro smo~;ng EA S $11.00 S33~0 330 O:J 590.00
OJ ws.ed paint f.::>r ,,'arnis~€d areas. :Jf pa-..<ilion a..-..d
5 r.e~1ro:)r:1 J{B 1 $<;CO.OO $.400.00 5580. CO;; 5560.(;Q
TOTAL FO Ft HUGH E SPARK
51,7ca.00
S2,j)~:l.OO
J A RUTHERFORD PARK
ITEM DESCR:PT:ON \J01.1 Q1Y UN l' PRICE EXTEN:lEO PRIGE U\'IT PnlCE EXTENDED PP.ICE
FOB OES T FOBOEST. FOB nEST. FOB DEST.
8='c3rd "','a'k Aro..'nC Canoe SIJ id ::g
, wit' Railings (~~~, Soq. ~) JOB 1 $3,000.00 $3.0Qo:).Qo} i 1 .500 CO S, .5:)(). C()
BooI\1 Walk at Ca'Y.>e 8ul.;l.-.g .~'.h
2 Railir>;) (1375 sq ~l JOB I 5600.00 1600.0) 5700 c() 5700.00
3 Canoe BuCding ( 2~:~) sq. f:) JOB I S 1.200.C') $1.200.00 31,400.00 t 1.400.0)
4 Board Wall y,ith RaIlings SeC:ion 1 i 15,500 sq fl.] JOB I S6.000,OO $6,000,00 53,000.O~ 53.000.CV
5 &>ard ','.'all with Railings Scc:ion 2 (25,500 sq. fl f JOB 1 58.000.00 $8,000,00 $4,000.0) $4 ,000.00
;; Board Walk '"ilh Railings Se~ion 3 ( 13,000 s-q. It t JOB , 55.COO.OO $8.00000 $3.000.00 $3.000.00
7 Pa...t':J.n':; 1 1.leta! Roof ,'OB 1 ~.OO SlIOO 00 5500.00 5500 00
II Pa'.'i:Jn It 2 Melal Reo! c.OB I 11C').OO SfOO .00 S500.0' 5500.00
9 P3...rlln It 3 l.1elal Roo~ JOg , $700.00 $700.00 SSOO.oo Ss.."O.OO
10 Resl'OOm \lelal Rc<:rf J03 1 $~Q()OO SolDO 00 $OCIJ.OO $&() .0(1
UNIT PRiCE
FOB DEST.
S&!l.CO
5100.00
S!;OJ.OO
524.).00
S570.00
53!lO .00
$ 175.00
$2<:00.00
S3&.>OO
S3~:J.CoJ
S2. 225 00
SUN ART PAINTING CORP
S3.00') 00
EXTENDED PRICE
FOB OEST.
Sl.3~j.00
UNlT PR,CE EXTE NOED PRIC E
FOB DEST FOB DEST.
W.I.>.OO
563.C'3
S!>.<l.OO
sr.o.CG
551>0.00
S2.0~J.OO S2.970.(;')
UN IT PRICE EXTENDED PRICE
FOBOEST. FOB DEST.
$1 ,~:':'oo
SlOOe'j
$t,4C>0.CO
1J.0~C<)
1~ .(1(0:).00
l3,O(>(JOO
5500.0?
SSOO.C<:>
S!>.'?OO
w.:<:l .00
BID NO. 2~OS~~6, WEATHl:RPROOFING
AUGUST ;1. 200~4:0D P.M,
ROOF PAINTING 6Y HARTZELL EAGLE P/l.tNTlNG
'---.'- ~,_.
It I,o\'coj Ben-:hes Ell 6 S40 c,) $240,00 140.00 S240.CO
----~"_.
12 Durrps.ter End:;:.sure (BDth Side::.) EA 1 $75')) S 75,(() $lC<}.{)O $100.00
13 Signs. EA 52 S11.O:-:O ~~noo S:~.OO $1,0"-0 W
UN
14 F€:lcin~ FT 6-'> to ~5 5~7 .40 ~200 {)O $13.600.00
TOT Al FOR JA RUTI-lERFOR[)
527,324.40
$30.660 00
ictal ",10 ile:n 14
f'~endE(l:
$17.26000
lJl,KE WYMAN
.
ITEM Df,SCRPTIO'.j UOM OTY UNIT PRICE EXTENDED FRICE ur; IT PRICE EXTENDED PR,CE
FOB DEST, FOB DeST. FOS OEST, FOB DESr.
1 "\'I))d bench EA 8 53" CO $240.0) S180{o{) S,1O 00 132>'00
2 S9O' EA 23 S 1Le') $253.00 $1500 $~ ~OO
U'I
} F er.cj~g FT 1123 SOSS $620.4" S1.100 00 $1,240 800.00
~ 2D S~:ion F ~r1~SS Tra I E; 20 SI'.00 $no 00 $30.00 $&.j.OO
TOTAL FOR LAKE WYMAN
$1.77340
.~al "'''0 it:en 3
e~ended
5D33.~':'
S 1,242.065.00
S2.~65.00
AAEA DOWS PARK
I - ~
ITEM DESCRI?T10~j
,
L ~~---- - ...
1 go)) Sq 11 Pa',~I001
-"---_.-
i , WO"..d P2.r~ B~lCh
~ . ^
L_3 \'~lrY.xj P~nic l.;f:_~~s
I ~ s.;:(tf~rs Ta:~e
I
f-' - ------.-.-. ._~.__..
l Oumpst-9:r Coy,; .- .~-~~"- -_._-~~
i t Pa....'\ Identlfic.;j[lfl .s "9:-'
r -".- -.--
[' ... P31, $.;ns . Geoel al . ---..--
c 7' ,.,o:;.j par~: info.'TTl.3tcfl sgr~
I 7' ,',0<>] han:jita;:..:-.;;(l ~l:3r~:'Q S.~(.; \> fX)s,
, do~' tobacco .-.---...----.--.--.
..
i 10 35:( '....v;o;j ~Ja! dc~'g(ound 1erlu: b:)r:j_~!
~ ..~-
! 11 ~~.~~e"l~:(~_~_!.OltJ ~..._.~__
l_... ___......._
.- ..
\JOM QTY ur-,H PRICE EXTENOED PRICE UNIT PRICE EXTENDED PR:C"
~~~--
Foe DES.. fOB OES 1. Fee OEST. FOB DEST
.." _.
JGS ~ t603 00 too3m S5W.OO S51000
...
E':" 10 $3j.OO lJOOm 530.00 S300 00
-.- ---" " __.u ~ .. -
E.~, Z $4D.OO v..OW S 120.00 S240 C<I
E.'- 1 ~:;O,OO $.50 (oJ S1OO.OO $100 C<}
" .--
SFT 1 $.~)no Wl.OO 5100.00 S1oo.C<J
.. -".~~ _.. --.-"-..- m____ --
E.O; 1 $.50 00 l-5O- 00 __--..2~ 570 0)
....- -- --.- - --
F_'- 12 i \1 00 i 132.0' __.-.2~ 5240 c.j
..- . .....- -..
g 1 >>) 00 i3-8.<\l .- -. S200.00 5200 OJ
- ~._-,,-- - --_._~-
~.. 11 t<-:o.oo 1220 00 520.00 S220 ~.~
.- --'---.--' _.. -, -.--
L(JT 1 i 125.00 $125 C\l s~no 00 S500 W
..-...- ... _. --. .- --.
H -;'{l ~~55 $36 ~o _. 5~':-OO~ 528,000 00
--. ----.-.-- ._~.,...- --,,- ----~- L.. - - -_.~,_.-
r-~()~;:'.;.' rl.
TOTAL FOR MEAOOWS PARI(
Sl)03.~
$3D,4S0,OO
T01a'w,'olWm \1
extEH".ded
$2,oSO 00
!liEr.'ORIAL PARK
-I~' _ .~__~~SCR~:~~~ ._____
..,.,.t 2lJJ ",,~_".':>:,j F!'I~e jj: Tt-e" Ce,OfE:'
_~:.~0~~r2~~p_:_.
i Cll~r~Pi Plr+~ i ~I :. k.at~ P al ~ :'
. _ L--_....___~.
UN1T PRiCE' EX,ENDED PRICE
UO~.'
on
UNIT PRICE EXTENDED PRICE
o"OB 0,,5T, fOB OEST.
S6W 00 $600 {(]
FOB DEST f03 O~ST.
$.loo 00 $&.'00
$J.il0 00 $3,OC'.OO
. ! $200.00
$l.3aO t'8
JGB
S 100 00 'S700.0:l
JOB
. lOB !
5<;00 00 1500.00
$1,800 00
fOTAI. FOR MEMORIAl. PARK
~ lCfl\l( ~iR,M~C
532000
S10000
i 1 ,04DOO
52vJOO
$ 15,86<l.()oj
t320 ex.
$3-<5 c.:.
} 1, tC<O.O::'
$600 (OJ
R3<:>5.W
SUN ART P/l.INTlt<G CORP
$< 7 .6'"J,J.OO
UN IT PRICE. EXT"f,OE.O Fi'1I.:-"
FOS DEST F03 OEST
-.
v.;.G!J0 w
-~_....--
UNIT PR.CE EXTENDED PRICE
-----~--
FOB DESI FOB DEST
J51000
!-30)OU
t2~(lOO -.-------.-
t 1 O)UU
$1':0:'.00
$7U CO .~
<;2~;) 00
52:';) no
5220.CI} '1
~S{)O 00
s~c.} C<} .~J
------
!2,i!~ D.W ~,I~OO
-.----
f,l ,J80 C.)
WOtton
UNIT PFlIC;.f---;-.X'~E.NC'~O PRI.'.~'.;1..
---..- . ...'- .--1
FOB OES ] fOB VE:S T ..J
-.. n___ I
- . .. -. ...--'--.~----j
. .
,
"f.:.e).,~ 00
!;?(:,(} 00
$2.':;<4 0.0:' 4
BID NO. 200$
AUGUST 31,.
"EA TH ERPROOFI NG
JOP,M.
ROOf PAtNTING BY HARTZELL EAGLE PAINTING
ITH~ D!:SGR PilOt~ l.'OI.1 Q1Y Uf\ IT PRI CE EXTENDED PRICE UNIT PRICE EXTENDED PR:C!:'
FOB DEST. FOB DESl. FOBOEST. FOB CoE 5,
1 Boau",al""Steps (95 sq. fll JC-3 , $150)00 11~.00 $220 .00 ~2~).00
2 0:ea1 SL-a."d Split Ra! Fer.::e LF' <;; S50~ 145.00 $4000 $360 00
TOTA\. FOR OCEAN STRAND
$195.00
S580.00
Total ....!o ~...-n 2
e..t"nde4:
$260.00
PALMETTO DUNeS
ITEM DESCRIPTICN UO/.1 01Y U~.IT PRICE EXTENDED PRICE UNIT PRICE EXTEN~EO PRICE
FOS CoEST fOB DE ST. FOB DEST. FOB VEST.
1 1....;r.e:O......IJ'I d:x:;". - protect T:-ex: beards EA 1 $375.C'] $375.00 $300.00 5390.C':'
2 Signs - no ,jOS;s E4 " 511.C') $66.0) 515.00 $901>:1
TOTAL FOR PALMETTO DUNES
$441.00
$460.00
PATCH REEF PARK
fTt:\l DESCRIPTIO~ UOM OTY U~;IT PR; CO: EXTENDED PRICE UNIT PRICE EXTENDED FRICE
FooC'ES;. FOB DEST. F03DEST. FOB DEST.
1 ilat Be,"ches Ell 41 $30.00 $1.230.00 $40.CO $1.640.0:'
2 Seorets t.atfe Ell I S50.0:; $50.00 $100.00 $10000
3 Durrps~er Enclosu "eSt E4 1 570.00 S 70. 00 $100 .00
$ 1 OO.C.)
.. Sign Posts" Fra"es EA 38 $5.00 S19Q,CQ $1500 t570.00
5 20 s::a!ion fitr.ass T...a' EA 20 $900 5150.00 $40.00 $&)(l00
6 Bi~.e Rocks EA I S50 OJ 550.00 $10000 lie.) 00
7 StainOO Park Bench EA 4 570.00 5280.00 $50.00 t2C-:- 00
Sceci;J( fJord.' $0,00 $0.00
,'!et"'i"S 6- OJ.--:d 9 a,"'€' to be sraioed l"tlt.'i a wooa
prasC'lVa.'1\'e ~aill Ai the f'X;S!'i"9 COI:).r-. $0.00 $0.00
TOTAL FOR PATCH REEF PARK
$2.050.00
53.SIC-.00
PINE BREEZE PARK
ITHI DESC"<.IPTION UOM QTY u~m PR:CE EXTEr-;DED PRICE UNIT PRICE EXTENDED PRICE
FOS DEST, Foo DESf. FOB DEST. FOB DEST.
1 ,-:OJ Sq. Fl Pa...rion E.... 1 $500{)~ $500,00 57!'>Q,OO S750. O~
2 Pa::, I.je{:.:ir cat en S~Jn EA 1 575.00 $75.00 560.00 sao 00
J Pa', Sign$ . C~~al E.... 10 $ 11.00 5110.00 520.CO 5200 00
4 54.' wooden $p'd raj f;;rY.:e LOT 1 5450 00 $450.Qo} 5620.()o) sa20 .00
5 Signs. no s",o~"".., ,'00 dogs' h3ndi:ar~ed Et-. 10 $ 11.00 1110.00 $2000 $200 00
6 Pavilion Varnishing EA 1 5400 00 $400.00 5600.00 S600.00
TOTAL FOR PJNE BREEZE PARK
t 1,645.00
t2,WQ 00
RED REEF GOLF COURSE
Item DESCR, PIi 0:-.1 UOM 01Y U n~ Price E.1ended Price Un~ Price Extended Price
FOB DEST. FOB DEST. Foe DEST. FOB DEST
1 Add~ional S ps EA 95 $l1.{IO $1,045.00 $f5(<l $1,42:; 00
S2~).OO
540.00
526000
$390.(')
190 00
$480(.>:)
$1.fi40 O~
11C<I.00
tW}.OO
~,OOO
teoJO .00
$100.00
$2':0.00
$3.510.GO
$750 0:)
J~.OO
$2>]Q UO
$820.00
$2')0).00
S60J.00
52.650.00
SUN ART P AINTlNG CORI'
F03 DEST.
t-NIT PRICE EXTENDED PRICE
FOB DEST.
UNIT PRICE
FOB DEST.
U~,IT FRICE
F03 D"ST
U,\IT PRI:::E
Fee D:::S1.
$2 700.00
EXTENDED PRICE
FOB VEST.
$2,3620)
EXTEN OED PRI CE
F08 D!:'ST
511.337.CO
EX.ENDED PR,CE
FOB DES T
~4.702.CQ
Unit PriCE: E>:te-fld.ed Price
FOB DcST. FOB DEST.
[)
51.425.00
BID NO. ZOG~.()e6, WEATHERPROOFING
AUGl.IST;>l,20054'OD P.M.
ROOF PAINTING BY HARiZELl EAGLE PAItUlNG
[" ---~~ -..
~l lIU
Arldi"onal Spin Rail F.r.:e FT Z,So:.} ~50 Sl,m.OO t1,~50.W H,625,OO:',OQ
PressJ.;:0:9 dean a~d '....~a1hefproCr Gurr.;:c. LirTb:::.
3 Cc-ard...,al, extension SOFT 16.72;) 50.50 5B,.360.QO ~AOO ('O Sn,see,C<<l.OJ
P~€s.sue c~;)n arxi" )".'W1herpccf s,.lall t-0-a;,j'~.'al~~ to
4 t",ach SOFT 625 51(.) $625.00 $.400QO 5:<50,OC<l C.J
--..---.
Pf0fr5.sWe cleJn ard \\'r:at ler:::rcc:~ I.3rgef tJo;;,~.j'l'1i::1lk to
" b,?a,.:h SOFT 3}~ 50.50:' Sl,815.1J<J f2.0(lO 'Xl
- -..-- -....-.
TOTAL FOR REO REEF GOLf COURSE
S 13,155.00
177,445.425.CoJ
lrr..al w.'G iteTl2. 3
or 4 ex1endeod
t9.675.00
RH} REEF PARK
l~ern ()ESC~IPTICN UOI.t OT\' U,IPrce Extended P,ice Unit Pr'Ce E~lended Pr;:e
.013 OEST rOB OEST. FOB DEST. FOBCEST.
1 larg~~ Pa'."h:)[1 '~'..ilh t,10'3' Roof J03 1 51,51:') on 51,51:>000 5,,,:>0.00 t<;(;o}.OO
2 Srna.J1 ?a~.illon ',,'"h ~"''''''' Rool E:\ 5 i 20).00 S l,OOO.O} SlGO.OO 52,COO {.)
,-. ..
l J Boara....alk lSovtl Erd) ( .3.140'1> J03 I $4,5OQ.OO 54,500.00 $4.;))0.00 $4,000 [>0
... -,- -,
< Boaralo'olk (C,,"':er) ( , ,~~6 ~rl J03 1 S 1,(J(;<}.00 S 1,0)0.00 5700,O} 51CO 00
~ --,._.~._- ~_.._. - -- --'-> -- t----
I ~ Board"",!:, (North EndH 2.160 s') JC'3 1 51,OO}00 51,00000 5:300.00 ~)O.OO
C~ -~---~ -- -- ..
Bcard',aI, (N Rest'.;Xl<1lJ ( 3,232 s'1 ft i J03 1 51,50>> 00 51,500.00 11 ,i}) 0 00 51.C-:0.00
-----<
~ r"'::arth restoon ....Jit:'l 1..<;:01 R::d JO:3 1 U(>).OO ~OO 00 5900.C.j 590:;':;.00
---_.~.- - .-. -~ ~---
I 8 Scoth RBtrool.l .,..ill, ;'o,'et.31 Rcc.~ 103 1 WN.OO ~00.00 5900.00 5so,,-.:,.OO
I
r _-..- --- ----- , ---..,
I 9 Ea,t Gale Hou.e \ 7.".i! ,I, JO:3 1 $:0>> 00 5200 00 5200.0;) 57.'""(),00
t --..----- -..
10 LJ'p Cuard 1" Q'...,'er ( 1 :':00 si E.:!d I) E'" 5 $5-X).OO $2.500.00 5:550.{o;. 5:U50 00
,-- .--
I
I .,1 Tras. Rec...ept.l..::ft' COo,crs E'; ~:3__ 51 L(XI 5275 00 f2'5 00 5625.ca
-".-. ..__..___.___.....M..... ~---- -, -_......
TOTAL FOR RED REEF P"RK
S t 5,015.CO
$14,77500
SANBORN SOL/ARE
fiTi9=-=-~ _~~~~~~_~~o::~___.
t ,=t;;lk"!,:j,~~,:~___
101AL FOR SANBORN SQUARE
UOM aT ,. U,\H PR,C" EXTENDED PRICE UNrT PRIC" E.XrE~WED PRICE
-.
F<B DEST FOBDEST. FOB DEST Faa DEST.
--'
JD3 ] SO co 50 co t1:% 00 S290 (oJ
.-,-", ~_.-
50 c.)
$290 CO
:S.;md Pi ne P,!It'k
I~!'\
~ <
\----'-.
!
~-~~f~':' . :;~ ::~;;;
, I
in L ,+
i--t . i
Y.J .00
woo
C!'S': <<; PI eN
EXTENOED PRIi:E
UN IT PRIC E
FOB D(ST
5350 O~
520 00
EXTENDED ?RI::::E
FOB CESr.
W50.00
251J f": \.....<>:oj ~p!it rail f{:iX:e
FOB DE ST.
$12500
1300.00
5000
SO 00
5000
so c.)
~.~'~"~~_a'" Slgn~_~_
(3 C_~.L!_ r(:. pJrkl~ .
$.31)).00
50.00
~~e<:11 ( ::,~'E~~~:;__..>
SO 00
(1" f-'_~_:~~~~!:.:r~i~~~~~J:~'.'__~_
~ (1 8;)12'6' 1ennl5 ~~~~!
SO. (0
$0.00
t~. ~~1~.:?"\%Jy _~~ _~_'~~..~:..~::~r.~:.~~~~~~~
SUN ART PAlNTING CORP
51,45000 ~.__~_
$4,~C()O)
S 4r:{l OJ
12,000 Co:)
19 ,i50 Coj
1SCO.OO
\>7,OCO ['0
!4,UOO UO
t7C':' 00
~))OO
S 1,C()) 00
$;;':;.:) CO
s;;.:x:>.o.}
52;Y.lCO
S2.75-:' 00
$5 25 C~
-:15,07') C'o
$29') 00
;290 00
S3!(1 CO
Unil Price
FOB DEST
unT PR:C!::
FOB DEST
--
S22.~~2.00
b~endej Free
F03 O::ST
S6 419 IX)
EXTENDED FiliCE
FOB DEST
5901} (10
UNlrPRI(;[ lXTENDEDPRI':E
;-OBOES] FOBDES1
-: ')~i) CO
j'
~'
___...L____.
--1
BID NO. 2005.
AUGUST 31. ~
'EA THER PROOF IN G
JIlP.M.
ROOF PAINnNG BY HARTZ~LL eAGLE PAINTING
3 s",nd P,c.e Par.. 2ft. 1 $]5..00 $75.00 10 f1~
~ 12S6 S~. Ft Re,lroo," .,'ith C."ja r Sha"" Roof JOB 1 S600 110 t600.00 S860.W $860 00
'" 600 Sq. Ft. Pa'~'illOr. ~,'i1h V~'ood S r.;~ -.I-es JOB 1 S3S0 DO t35Q.00 $51)0.00 $5QO 0:>
,; '....ooden ()umpster D:>-::ors SET 1 $75.00 t 75 00 $100W
7 Scorer's T able,Ben:h E.; 1 $5(},OO 150,00 SlCO 00
e ',.~ICoj Ba'!ard EA 14 $.5.0<) $70.00 S20.00 S260.00
9 ?ark Si~ns. General E.; '? 111.00 199 00 t..."O .00 $13<).00
IOTAL fOR SAND PINE PARK
$1.744.00
52.570 00
SERENOA GLADE PRESERVE
ITEM OESeR PT.:or~ UO'.1 DIY ~.INIT FRICE EXTEN!)ED PRICE UNIT PRICE EA,EN DED PR :CE
FOB DEST. FOB DEST. FOB DEST. FOB DEST.
1 Pork Sign E.; 1 510000 ~lOO.OO ~17.).00 $170,00
TOTAL FOR SERENOA GLADE PRESERIIE
~loo.CO
$17000
SLLVER PALM PARK
ITE~: OESCi<.IPTICN UOI.1 DrY UN IT PRICE EXTENDED PRICE UN IT PRICE EXlENDEDPRICE
rOB DEST, FOB DEST. FOB DEST, FC8 DEST.
1 3-3al 000: ( 985 SQ 't. ) JOB 1 S500 00 $500 00 S660.()o) $6BO.CO
2 ;>arf. Identification Sign EA 1 $75 00 $75.C'> $80.0) Sao ':oj
3 Signs E.; 21 $11.00 $231.00 S20.C') S420.OO
UN
4 Fercing FT 520 $0)55 $286 00 S5OO.OO $2S0,O:lO.Qo)
TOTAL FOR SILVER PALM PARK
S 1,092.00
$261,l80.()o)
Telal wlo item 4
e><1ended:
$1.650.0)
SOU'fH BEAC H PARK
ITEM Oi:SCRI"TION UQ!.1 OTY UNIT PRICE EXTENDED PR.ICE UNIT PRICE EXTENCED PRICE
FOB DEST. FOB DEST. FOB DEST. FOBCEST.
1 B-3".dwal~ :rail Sect;e.n 1 (1800 SQ In JOB 1 il.OOO 00 $1.!JIJo:>.OO S800.oo Uo:;.) .00
1. ~oa-,j's"'~:IJ;( 5!>:tl3n 2 ( 1750 sQ. t:. ) JOB 1 $1.00000 $ 1.00:>.C'> $70<).00 $!():, .00
3 ooar,j',\'alf.'r3il 5e:b::>n 3 ! 281:>:' &~ :'\,) JOB 1 il,400 00 S 1.400.00 51,00000 S1.C<XI.OO
4 Re~a;r~r:g 'Nelli @ R:es:r::>on (33D sq. fn JOB 1 S18il.00 SIBO.W $3.:;').00 $~:>)OO
5 Park Ident,rICa:ion Sig1 JOB 1 $15.00 515 DO i 1~).00 $l!":).OO
8 Li~~ G-;.a,.j 1 c'IIer! 1 OCo) &~ 11.) EA 5 sse-) 00 S2.SOJ.C-~ Ss...'\'),OO 52.50::<0.00
TOT Al FOR SOUTH B EAC H PARK
$6.155.CO
55.4e.~.00
SOUTH BEACH PAVIliON
ITEM DESCRIPI.0N UOM QTY UNIT PRICE EXiENDEDPilJCE UNIT PRICE EXTENDED PRICE
;008 D>:5T. Foe D~ST. fOB DEST. fOB DEST.
1 P;J,'.01 (622-D ~~ ft.) J~ 1 ~l.ooCl.OO $1.COO.VO 5500.00 $500 to()
2 Pari: t.~erI1jr calo."} Sign EA 1 $75.OQ 575.00 $100.00 $100.00
J Par!. Signs.- Ge""ral EA 10 $20.00 52'00.00 $2000 5200.00
4 Sigrs E..!o, 42 S1f.OO 5462.00 520.00 $840 00
UN
!f Fencing FT 2250 $0,50 51.12500 S 1,000).00 $2,250,0;)0).00
TOTAL FOR SOUTH BEACH PAVJLION
S2.862.00
$2.251.640.00
S8"0 0;)
$500 W
$100.110
SIM 00
S1GO.QO
$181).00
$2.490.00
S 170.Ce'
S 170.0:00
5880 00
$ao 00
S420 ('0
S Y.;O 00
$1,e.50,{)0
SUN ART PA1NTlNG CORP
$0,7121):)
UNIT PRICE
Fea D:5T.
EXTENDED PRICE
FOB DE ST.
$<lBO.CO
UNlr PRiCE
FOBDEST.
E)(TEN DED PRICE
FOB OEST.
55,170.C')
UNIT PRIGE EXTENDED PRICE
fea Di!:5T. FOB DEST.
te.:lO.C{l
$ 700.C':>
S 1.0:)).C-:'
5300 <:-::'
$180lKI
$2.50000
$5.48003 $12.400 C.:)
\.IN IT PRICE EXTENOED PRICE
FOB D::ST. FOB DEST.
$500,00)
Sloo,W
5200,C(l
S84 0.(0)
51.00000
t2.54000 $\\.800.00
810 NO. 2005.066. WEAHlERPROOFING
AUGUST 3\, 2005 4:j}frP.M.
I ROOF PAINTING BY HARTZ.ELl I
EAGLE PA.INTlNG
Total! w,'a ':I~rn .s
eY.leoded
52.640 00
SPANISH RIVER PARK
ITrM OESC RI PII O~J LOI.1 QTY U~T PRICE EXTEN OED PRICE UNIT PR:Cf. EXTENDED PRiCE
-. FOB OEST. FOB DEST. FOB DEST FOB DEST.
I Picnk ~ables. EA 40 540.C.) 51,600.00 S50.OO $2.owe.)
2 Res:aoo.Ol$ ( &5-1':0 sq. JI. :11. 1 ~40 sQ 'I. ea:n) E.\ 6 $100.00 S4,2C>J.00 ~.:>:>.oO $4,&1):).00
-.-..- ..
.~ L'G',I Poles EA 3~ 550'o.j $1,700.00 S~().OO $1.36oU.C-o
. ..
I < S~lerS I 96C.J sq M ! I ?Xl So< M eacr. I EA 10 S4 SO. CO $4,5'",/,).00 $1;00.00 W,OOO.CO
.._~-_. -- ~. -- ---_.- .-- --.
~ A.jrr,nistrat on flfjg. ;"xladjJcen1 I S200.C') ~200.00 SHOO 00 1.3.0000:-
<; struclJ..',;s l 5200 s". t ~Ilcrth Sec10cn :06 1 $250.CO ~250.00 $3.{)()O.OO t~.OOO.OO
] Slo'''']e Bdo'ing . Sou'h Sect.cn 1<6~'~' 51 "\ i :OB , $ l.;;':>J.QoJ $ 1,300.00 12.000.CQ 52.000 00
e Bik;, Rads EA 2 560 (oJ $120.00 $ 100. OJ $ZCOOO
9 Telep,one SlleletS I <')} 50l 1\ ~ EA. , 51000) $ 100.00 SIOO(.;) 110000
.
\0 Electric Meter Sheltels ~&:;'J Sol 1\ "eell) EA 2 S200 (0 S400 (.;) ,(iQfJ ':OJ S '.2CoJ .00
" o.:ean Res",,, Stcralje ilddi.., J'JB 1 S1.oo0.00 S1.WO.O) $<100.00 ~:'J 00
._--_.,~-
'2 Ranger Boildlng a'd Pence ( ;.eo)) "".~ , JOB 1 S 1 ,5{'O.O) $1,500.W S2,200.C<l S2.2m 00
.- ~ .. .-
13 Park l~en'lirlCatlJ~' Si~ln ~A 2 57500 $15lJ00 P500 SI~.C()
- ---~,--~- ---- ... . ._.
10\ Part" F3n~r:Oc.>;?c:1. F~€S:IJ€ 8;jg <2.~-~J-=":'3!!1 JOB .....!..- ,1,5000) $1.50000 $2,'100 00 ,2.4~.OO
-. . .. -- -.
15 S~')5 f..:. .~ S1100 11.02;>00 S20.00 $' ,060 Co)
_'w ___ _.__.____ -~"_. .-. ~ -.-.,
Lit,
lLi Fencl!'g FT 23/)1) $050 fl.150.00 SI.'~OO 00 n,22<J,COO 00
.~'r"_ ----. ,-. .'- I--- ....
,-, Lifeguard T (J..\:ers E.' i S;;oO 00 ~,500.00 5700.00 $4,900.00
L,._~,'_L___~_.. -
TOTAL FOR SPANISH RfVER PARK
$.2~. 193 00
$~,2S5.S70()O
Ictal w.o rtem 16-
extended
$37,57000
ITEI.j
SlJGI\R SAND PARK
DESCRIPTION
EXTENDED PR:Cf.
FOB OEST
518,0):-.00
-
L'Of.l QTy UN IT f-"'RI::;E EXTENDED PRICE ..
--'-
FOS D~ST FOB OEST.
---"
.103 1 125,000 00 $25,00;) 00
..- f-. . ..
E,- 42 S40 C.} $1,050':-)
----
E,- 27 SI~ CO $.405 (o()
.. '--.
EA 12 S3UC>) S36i} 00
..-..- ~_.
~ 15 .150 CD 52.40000
_. ... ~. _.. -_.~._-- ...
EI\ ':') $7000 S4:N.00
._____.1,.__...,,___..
UNIT PRICE
FOB DES f
&:ien:::e P1G'~'yr()un-:j IrS r))f) s1)
Picnic rabIes
>4000
~>:noo
$l,6c-'.C.j
$810 {.J
S<8fJ 00
$1,600 {'O
TrasJI Rece-ptac'e:s
\.Vo:::ojen Pa:'o; Bt':nUtl;7'3
'540.00
--~-- --.,.-
PIC",<: T.a~€-3 - sta.in iand ~'::'<::~.y
$100.00
TI?lSh rt'C€"~:3Cl~s - sl:;.'l and epoxy
'550 OJ
$3-:<).00
$22.670 00
TOTAL. FOR SUGAR SA.ND PARK
530,2USC{)
SWIM I> RACQU~T CENTER
1 ~.'-'------r)ESCRIPTIOtl
f-;~~~~~~t''';~ and r,j'''9'
TOTAL FOR SWIM & RACQUET CENTER
. ",------ ,.
U:'::M OW UNC, PRICE EXTENDED PRICE
FOB DEST FOB DEST. ------
.-
JOB i S3,ooO('J ~,O()<).OO
--- _._.1--_ ----
...----
UNIT PRICf: EXTENDED PR;CE
FOB OEST FOB DEST.
-
..- L________ ,,'00 00 S400.00
~,O()<~,OO
S400 00
UNiVERSITY 'NOOOlANI"c, poP,
[)ESCRI'TION
( EX I ENOED PRier i
FDB DEST
__.._!4W~
..~.
i TE~A
- 0;...-
~ ,," ..--.;. I ~)~ II~,
1.1~.Q. ~+
i fA
EXTENDEO PRICE
FOO DEST.
UN!I Pfll(.E
FOB 0(51'
$<0 ~I
. _L__.___ .~
01Y
l;"itll,,'.-
10
SJ:;.) 00
S200 OJ
H800 CO:'
$1,32D.C{)
$6,000 OJ
1.:),000 ';)J
53,000 00
$2.('::0.00
S?:<l 00
S l{.J.C')
S 1 200.0fJ
5800.CO
S2.?Xl 00
$150C-:'
1<.40000
>',8600J
>1,400 DO
$4,WO 00
Pi .530 00
'31 R ,n:)~) CQ
~1.€40 {'O
$510.00
!-4!>J O'J
S 1 &)).00
$300 C'J
S22,83>) 0<:'
SUN ART PAINTING COR?
UNITFRIC;:
FeB DEST
UI'IT PRICE
F031;'SI
;:XTENDED PRI::;E
FOB DEST
$49,(0) 00
EXiENDED PR,C",
rc~ 0'::5T
SH .726 CO)
--~--~~- ----..---
U~<IT PR'CE EXTe,D",O PRICE
FOB D[S, FOaDEST
'-----
i~OO 00
~4Q) 00
'jNll FF<lU.
rDB DEST
r---.---~---
-:;~lil! n'l!
$i,OO:J,(0
,.L~~,~~~c,t-
FCSC-ESI
T
J
DIU NV, ,lLJVO....'
A'H~K"'KUUrINL;
.)P.M.
AUGUST 31. i_
ROOF PAINTING ElYHARTZElL EAGLE PAINTING
2 1".100:;1 e--eo::h EA 6 530.(0) 11<10.00 5:::0.00 5160.00
3 SC-) Sq FI Pa.'ilion '"..iin Cejar S '03)..9 Rl)ojf ..!OB 1 5450.00 $4 50.00 51(10.00 5700.CV
4 Oum;-s.:er Door~ S::T 1 575.{.J $15 C.) 5WO.QoJ 5100.C')
5 Par~ I:en;ifcal",n Sign EA 1 57:i00 $75C.:J $80.00 ~(}OO
6 Par~ Signs - G~n~ml EA 14 $20 .00 ~j;000 $30 00 $~20 (>;)
7 360- ',ood spin rail lenu, LOT 1 5400.00 s.4oo. C':> $900.00 $9'JO {to
8 Signs - no slne;.:in!}' ":"...:00.' ,~,:>gs EA 13 $1100 5143';)) 1.:30.00 $390.00
9 7' '^':X:~ p3rk infcffil31icn sig", EA 1 120.00 520 00 $ 160.{oj tl60J.OO
10 (' ,^,~...<f s.~op sign EA 1 S20.00 520.00 $l60.{>j tle-J.OO
11 Pa'.'f;;:n VarniShing EA 1 5400 00 SAOO {.;) $740.00 $7"i';).00
TOTAL FOR UNIVERSITY WOODLANDS PARKS
$2.;;93 CO
54.230.00
YALE NEWMAN
ITE'.' C~SCRIPTION UC~.., DiY UN IT PRICE I EXTHIOEDPRICE ur; IT PRICE I E)"'TENDED PRICE I
FOe DEST. FOB OEST. FC8 OEST FOB DEST.
t Si;;'lS - r>:) dogs E'; 2 $11.00 I 522.00 540.00 I 580.001
2 10 Ln Fl SI:U Rail ;:- ence JOB 1 $50:>00 I 550 ,00 s1<-':).001 5120.0)1
TOT AL FOR YALE NEW""A N
572.00
S200.0)
Base aid i etal
5189.211_301
$lB~l.151.30 $201.950.00
TOCal....o!o
d8signal~ l~.
e>c1ended .
584, T43,4aO.OO
T ~~....I extensiOns
r."'1y c:al::lIabed
ALTERNATE BID
ROOF PAINTING
BY HARTZELL
UNIT PRICE FOB
OEST.
$0.00
$oRe.,
$.5O.c.,
$50.Co:>
SO 50
SO 60
SO &0
SO.60
50.60
S(},12
SCl.13
$75 00
$.550 {oO
~AG!..E PAINTIN3
UNIT PRIC;: FOB
D;::5T
$0.00
~:;o .00
S4).OCl
50.50
50.50:>
SO s,:>
so 5:l
SO 30
$035
$0.10
$0.10
S20.00
$500 1)0
ITE'.1 DESCRI?TIDN UO',l
1 Seal SpI t Rai: f€rt:e L!"
2 Seal V,'Qoc-en Bench EO;
3 Se-al P..cnk; TatJe E.o;
4 s"al B.~e rack EO;
5 Seal a"j Stair. Ceda,' Sha~,e St,i".I;; SF
6 Seal and Slain Bui'di,,~ F<>;ade SF
7 eddi,g Fac<>~ ( 2 roa~s {)f Pair~ I SF
8 Sea' l>:lh1 PQ~S EA
9 eoar=.,'alb'rai'in-;;1s.( 2 c.cats or sealer.1 SF
10 PrcsSrJ:-e Clean SF
11 Pressore Clean orty SF
12 Seal Par1o. Ide-"hfcalion So;; ~ E'"
13 Seal lire Guard T O'/,ers E'"
Eagle Pa::~i"g r\01ed A.."-<:T.'e teeing
are app.:o.Kirn.:J::ions
SUN ART PAINTING CORP
$160.0::'
5700 CO
$1001);)
$11<:>00
1420.00
1!:':v.00
139>) .00
$150.00
$1&:>.00
5140.CO I
51.930.00
$9 .6~0 0:>
UNIT PRICE
FOB DEST.
$30 OJ I
$120 l':l
$200.0;)
I EXTEN OED Pill CE I
FOB D,,5T
19(9551)0
5650:>.00
$427.440_00 I
SUN ART
PAINT1NG CORP
UN IT PRICE FOB
DEST.
$0.10
5200 (OJ
5240.(')
5200 {oO
$0.90
SO.90
$-:>9l}
52;;':>.00
soes
50.22
50.22
520 CQ
$710 CO;;
9
Bid #2.004-0f33
Paller Block lnstalJation and Repairs
July 27. 2004 @ 2,30pm
~fl rJ1~t
I p.~
( SG~a;:Y
Description
Hourly
Rate Totaf
National 8rick Paver
Corp.
Hourly
Rate Total
ARZ Builders, Inc.
National Brick Paving &
Waterproofing, Inc.
Hourly
Rate Total
Hartzell Construction,
Illc.
Quantit
Hourly
Rate
Total
I PAVER BLOCK INSTALLATION AND REPAIRS
A. labor Hour Rates:
1. Routine Sell/ices:
a, Skilled Tradesman: 50 Hours $35.00 Sl,750.00 $55.00 $2,750.00 S45_00 52,250.00 100 $5,000,00
b. Non-SkilleD labor: j 200 Hours $20.QO $4,000.00 $25.00 $5,000.00 $30.00 $6,000.00 $50.00 $10,000.00
Routine Hours Subtotal: $5,750.00 $7.750.00 $8,250.00 $15,000.00
-. ---. -- _...~_..,_..~ n__ .__~.~..._.__~~___~+ --~-
2. EmerClef\CV Services:
I 30 Hours .-- ---- $1.500_00 $ 'l ,650.00
3. Skil1eQ Tradesman: $50.00 555.00 $60.00 $1,800.00 $200.00 $6,000.00
b_ Non-Skilled labor. I 30 Hours $30.00 $900.00 525.00 $750.00 $40.00 $1,200_00 $100.00 $3,000.00
'-------. Emeraencv Hours Subtotal: $2,400.00 $2,400.00 $3 ,ooO .00 -,--- $9,000.00
c-- - Tota' for Category A (Routine and E~e~enc~l -'--~G~~-.- ._1~1o.1f3-~-_1~-~.~~~_ ..____1 $24,000.001
Services);
1-. .. ....---.--------. . .
--,. - -- - ----~_.- ------ . .. ._...-.._----~- -...--.-
Est. Annual Parts & Percentage Percentage Percentage Percenlage
8. Parts and Materials: Materials Ex:p Ma rkup Total Mafkup Total Markup Total ManC:UD Total
b. Percentage of Mar\(-Up
from Cost for Parts &
Materials $8.300.00 15<>/a $9,545.00 10% 59,1:30,00 15% S9.545.00 30% $10.790.00
- _...-'~ - ~.~ ---_..:...:..:..:. -- --
Total for Catenary B: .--.--- '---------.... --- ...-----....---- ------ .-.,.--.--..".-- ---------'--------..
--.--- .._--_.
~.'e."_~___ ----3------ _ ~~;;~;o.~[ ------ ~--------~
PAVER BLOCK INSTALLATION AND REPAIR $17,695.00 $20,795.00 $34,790.00
.. - .-" - ~--_._----_.. ~ !OTAL (Cat1lcorv A& B): -_.._.._~., ..-.. -. -.----- .."..-.--..-.- ~,._~._----_... --_.----~--._-----_."._-~------ '"----
~~o/f!8tUa~
CITY HALl,. ~Ol WEST PALMETTO rM(K ROAO' BOCA RATON, FLORIDA 3J432-3795' PHONE: (561) 393.7700
(FOR HEARING jMP^IR~D) TDD; (5(.1) J67.704(,
SUNCOM; ($61) 922.7700
INTERNET: wwW.ci.boc..r~lon. n.~~
August 9, 2004
CORRECTION
(This letter superscedGs lelter dated 8/5/04)
Hartzell Consturction, Inc,
Edward F. Holman, President
4100 N, Powerline Road
Pompano Beach, FL 33073
Tel: 954-957~9762 / Fax: 954-957-9766
Subject:
Re:
Bid No. 2004-063, Paver Block Installation and Repairs
"Primary" Award Recommendation
Dear Mr. Holman:
You are hereby notified that Hartzell Consturction, Inc. has been made the "Primary" awarded vendor for
the above subject bid. In accordance with Item #17 "Award" of the bid specifications, the above subject
bid is intended to be awarded to a "Primary" and "Secondary" vendor. For your information, the
secondary awarded vendor for the above subject bid has been made to National Brick Pal/er Corporation
Afso attached is a bid tabulation provided to you for your reference,
As a reminder "Primary" and "Secondary" is defined as follows: The Primary vendor is to be used in
every instance of requesting any type of paver block installation and/or repairs as long as bidder
conforms to time frames referenced for prompt service and all remaining bid requirements. If the Primary
vendor is not able to conform to 'the bid requirements, the City reserves the right to contact the
secondary vendor accordingly.
The initial contract period will be from 8/3/04 through 8/2/05, automatically renewed thereafter, with a
maximum of three one year renewals as per term and condition #4 "Contract Period" in the bid.
Orders from the City of 80ca Raton will be placed throughout the contract period on an as needed basis
via blanket purchase order or normal purchase order. All terms, conditions, specifications and prices for
the above subject bid shall apply, Request for orders meeting or exceeding $25,000 will require council
approval.
Please arrange to mail your organization's original insurance certificate to my attention, Your insurance
certificate must disclose the limits established in the bid with the City of Boca Raton and Greater Boca
Raton Beach and Parks District named as an additional insured.
Thank you for your cooperation, We look forward to a prosperous working relationship with your
organization. If you have any questions, please call me at (561) 393-7869.
&;:'I\r,
y,) ,. "---~''f
;~ / \ / /::::.--) ,.
"r"" ........._..,.",-.1
. ",---"," ---.
./ /,," "\ ./"'"
. ,/..~,-.-: ",,,~., ./, I, >:;, ", ' , ~~~:
. .,' .~~ '_'" "" (...IIf"I..... ~~
Diane LoPresti, Buyer
c: Mich~el Robel1S, Streets Superintendent
Clay Pape. Beautification Oporation Supervisor
Bill Stecklow, Hartzell Construction
- AN EQUAL O?PORlUNITY E!MPLOYE:R -
Bid No. 2004-063
~-----
~~
~ BIDDERS CF:RTlFICA TlON
(This form must be si~ned in the presence of a Notary Public or other officer authorized to administer oaths).
The undersigned bidderc~rtifics that this bid package is subrnith:d in accordance with the specificlItion in its entirety !lnd with
full understandihg of the conditions governing this bid. .
-.:.'8. A-~!Lti_L C~fJ~rJl.1lQ7ou &
Name ~jddeT
MOO 1J po~,e.L/NE ~D
Streetldd"~~ fL ~?O J 3
i ta1j Ut~
WITNES~
? ~
Si
~DW'+~D F H-cUV'tA-,u - 7-R~ OS ( ore: All i
Signature (printed, Title)
-:t/2~JOY
Dati I
Cf' 5- , or, ~5sr <3
Federal 1.0. No.
,s'f - CJS1-q7~'7-
Telephone I Fax No. ~ 5lf - -=t '51- cr 7<C (..
STATE OF: ---E.LOp..l PA
COUNTY OF: Bl<ouJA It. D
The foregoing instrl menl was ~cknowledged before me this 2. 3 day of S vL 1- 2004. by
/U who is ~"/18 8f"!) pr:rsona{!y known 10 me or who has produced
as identification and who did (did not) take an oath.
NOTARY PUBL!CSIGNA TUllE.
r--- '--- " \
~~~~ ~ A ::),lJ\ ~"C(c:.J
NOTARY NAME, PRINTED, TYPED OR STAMPED
,,\"'''1(1, 5
(',~tP(i(_ t~ph!:,Q SrJ:1fotd
ft(~,\,;;(allLmiss:ion {; DD~
";-;:1.~I.~~ Expires May 4, .......,..
~~".'.""~':- B ..VUI
~'{ QJ f\"..- , andt<l ~
"1/01\\ 4.;.a_'ltic BODdlnaC'f\ 'r"
Commission Number'; 5-W-.- c1
My Commission Expires:
14
CITY OF BOCA RA TON
12118/06
Addition to Bid No. 2004-063
Page 1 of2
TO: Ed Holman, President, Hartzell Construction, Inc. In Care of: Bill Stecklow
Fax # (954) 957-9766 and Bill's Fax# 482-9078, Tel # (954) 957-9762, Bill's mobile: 561-239~711
FROM: Diane LoPrest, Buyer Tel: 561-393--7889, Fax: 561-393-7983
SUBJECT: Bid No. 2004-063. Paver Block Installation and Repairs RE: Quote for Additional Scope of Work
Pursuant to specification #14 Contract Alterations of Bid No. 2004-063, the City reserves the right to obtain a
quote for the following new scope of wort<. Therefore, please quote as described below and fax your response to
Diane LoPresti (561) 393-7983 ASAP. Bill if you are responding on behalf of Mr, Holman, please furnish a letter
from Mr. Holman which states that he has authorized you to conduct business on behalf of him and Hartzell
Construction, Inc. Please contact me at (561) 393-7869 if you have any questions. Thank you for your
cooperation.
GENERAL SPECIFICATIONS FOR CONCRETE REPLACEMENTANO ST~MPED CONCRETE:
Contractor shall be required to include all necessary labor, tools, equipment, supervision, materials and/or
permits, site safety and maintenance plan and all costs associated with property executing a job.
CONCRETE ~~LACEMENI
Unless material on site is deemed salvageable by the City, Contractor shall be expected to remove and dispose
of existing surface andlor any other deleterious material where concrete replacement services are provided. The
concrete sub-grade is to be compacted to 98% maximum density per AASHTO T-160. Where applicable,
irrigation lines are to be capped, rerouted and repaired. Where applicable, irrigation lines that pass under the
slab shaH be sleeved with schedule 40 PVC sized to accommodate a minimum of 2 pipe sizes larger than the
supply line contained. All sleeves shall be installed a minimum of 24 inches below finished grade. Any
separations between the new concrete and existing sidewalks or other similar surfaces shall be filled by 1/2"
expansion joint material. All other control and contraction jOints shall match and mate with the joints in existing
sidewalks or other similar surfaces. The concrete shall meet the most current edition of the State of Ronda
Department of Transportation Standard Specjfications for Road and Bridge Construction_ The City reserves the
right to require additional conditions and concrete mixes depending on locations and traffic loads. The finished
grades shall be set to match existing adjacent walkways. Concrete replacement for designated area shall be
pitched to aSSure proper drainage. Pedestrian sidewalk areas shall be surfaced with a light broom finish.
perpendicular to the direction of travel, to match adjacent concrete areas. All drawings and other submittals
necessary to obtain construction permits shall be the responsibility of the Contractor. The Contractor must
repair and restore any areas, facilities or utilities damaged when executing a job. Only if a designated area is
established for Contractor's equipment, shall he be able to keep construction equipment and materials on site. If
there is no designated area established for Contractor's equipment. Contractor shall remove such equipment
and material on a daily basis. The contractor shall continuously maintain the site free from debris and trash. All
debrisltrash shall be totally removed from the work area before the end of each work period_ Temporary traffic
control devices and procedures shall in placed in work zones be per the U.S. Department of Transportation
Manual on Uniform Traffic Control Devices at work areas_
STAMPING OF CONCRETE
Following concrete replacement services referenced above, Contractor shall stamp concrete with a pattern that
matches existing pattem and color of surrounding location. Where existing pattern and color does not exist in
surrounding location, the City shall select from most common patterns and color choices made available by
Contractor. In addition, if replacement of stamped concrete is to tak:e place on owner property. and a matching
pattern and/or color doesn't exist, Contractor must confirm with resident altemative choice.
All terms, conditions, prices and specifications of Bid No. 2004-063 shall apply.
CITY OF BOCA RA TON
12/18/06
AddiJion to Bid No. 2004-063
Pagt'. 2 of 2
The City intends to utilize the services added herein on an as needed basis throughout the contract period.
Please provide hour1y rate(s) and a mark up percentage on material in the spaces provided below, Pricing Shall
~ consistent with existina prices ot ~ubiect bid Submitted cricingJu!dbje~ to the review & aDQ,r'Oy,aL py th~ CitY.
I[ CONCRETE REPLACEMENT AND STAMPED CONCRETE '
A. L-.por Hour Rates: Labor rates shall include all travel expenses (auto and fuel) and any and all equipment
and tools required. Billing time to start at jobsite.
1, Routine Services: F9r wor1< performed during business houtS, 8:00 a.m. - 5:00 p.m. Monday through Friday,
a) Skilled Tradesman; Price Per Hour is; $.3 S ,QO
b) Non-Skilled Labor: Price Per Hour is: $ "2.-c;L...:;. e
2. Emergencv Services: For work performed within 48 hours, Monday through Friday, 5:01 p.m. to dusk and
Saturdays, Sundays and Holidays.
a) Skilled Tradesman: Price Per Hour is: $ 50. (:) a
b) Non-Skilled Labor: Price Per Hour is: $ ::> t.' ~ I? 0
B. Pam 8n,d ~It~~$: Provide a percentage mark up from cost for parts and materials,
a) Percentage of Mark-Up from Cost for Parts & Materials t$ %
COMPANY NAME: H A RfZf.-L L ~bJ5Tj2UGTJoiJ JAY.: DATE~. . 7.J!) '\0&
. . /;tL f-:/
ADDRESS: 2f'y::) I 1],u}. ~ ~~c.- 5t.tliE. STATE:.L:.LZ1P: 0
AUTHORJZJ?~~J~~ f c ~ :. PRINT NAME: W.LL I f}rJ1 S'll=Cf:1ffu
EMAILADDRESS: 'f:o:~l"pCK. @ /toL, (!o/f1
TELEPHONE NO.: S<;;, (22)9-t.f1tL FAX NO,: ~ / -Cf f2..'~907g
4~Y- c;;~-/~'77G 2. 'jSC(- C(J~7--W'0
Hartzell Construction, Inc.
2301 N.W. 33rd Court, Suite 12
Pompano Beach, FL 33069
December 19, 2006
City of Boca Raton
201 West Palmetto Park Road
Boca Raton. Florida 33432
Purchasing Department
Attention: Diane LoPresti
RE: Bid No. 2004-063
To whom it may concern:
William Stecklow has the authority to bid, negotiate, sign bids,
contracts and conduct business on behalf of Hartzell Construction, Inc.
with the City of Boca Raton.
ELL CONSTRUCTION, I Ne.
Edward Holman
President
Main Fax Number (954) 951-9766 Main Phone Number (954) 957~9762
WSS Fax Number (561) 482-9078
WSS Cell Phone Number (561) 239-4711
CITY OF BOCA RATON
STANDARD TERMS AND CONDITroNS
4.'
BlD NUMBER: 2005.066 DATE: August 10,2005
BID TITLE: WC8therprooling
81DS MUST BE RECEIVED PRIOR TO 4:00 P.M. August 31, 2005 AT WHICH TIME BIDS WILL BE OPENED
(WNtUt^ J. INt<'OftM^'I'Tn:-,
These documents eOIl,titllte the eO"'I)I~te jel of 'peeifiCAtion rel1uiremelll, alld bid
fUIlIIS. The L1,li Pruposill illellllJing ull b.d sheets 1lI1d nttuehmellts Inust be filled jll,
eX<ClI/ed Bnd sllbmitted in " seuled envelore bearing the bid number on the olltside
illId 1l\i1il~d or l"csclItc.llo Ihe l'lIr,lllIsinc Ot'lice Oil 0" b.for" the SIl<:cifle<l time und
dute. 11,. thee of Ihe envelope sh.1l contain the return nddress, lhe dUle nnd lIlne of
bid opmilll~.ll,c bid NIIl1Dc' "Id I;tl..
11 I, Ihe; .solc r'c'/,DIUibilily of Ihc \>id<lor' 10 elljlJlc Ihal his or hcr hid rc"eho, the
Purchnsing Olrlce Oil or before the closing dnlennd time. The eily shnllm no WilY be
r.spOllsible 1'01' dOI"y. call.cd by allY olher occurrence, Offers hy telephone, telegram
or faCSImile .hallnul b~ (I"GOjJI~d.
Th~ bill 11m. mlts! b. ilud $I1(11Il:~ S~(ltfl"lo"sl)' o!l.~rYcd, Undcr 11<1 circnl\\,t.ncc'
shall bids delivered ulle, the time .pecilled Ix: GOlIsidart:U. :)lIe!, bills will be '.I\IImd
[(~ lhc vCI\ckll' unopened.
The bid, will be publicly opened in lhe f>ltTclln.in~ Oflic~. Cny Hull. 2U I w. P"lll1eUu
!'<lrk "",Id. B()ea RMon, Florid., illlhe prcscllcc of City officials 011 the dale alld nllhe
iiiiiC !\pcciticd on the bid form,
All bidders or their "'l're::""'!i,tlVes "r~ ",vilal! 10 be ,)rc~el)l
,\11 tl,ds mil" Ill; 'Yl1ewrillen or wrltlcn III illk, and must bc ,igned in ink by all onicer
or employee hllvillt: l1ulhllrlly 10 b1l1d tl1e CO'"1'l.'"Y N r.rl1l.
Bidders shall not be allowedlu mod.ly III.Jllll<l, "ne' lhe '1)10IliIl8 time alld d3lc. Bid
l'des ",oj' be exnl\\incd dunng lIonnal working hour.;. nller bid upe111l1t.. by
appointment Ullly
For ("f<1I1l\~lion concerning Ih" bid, please contact:
CITY Of DOCA RAWN
PURCHASII>;G OFFICE
CfTY HALL
201 Wesl Palmetto Pnrk Roud
Boca [(aton, FI 33'132
(561-J'I}-7~71)
2. LE:GAI J?Fn"{1i'1':~1.f:~J:::;
Bidder.; ure re(llmed to wtnply wilh "II 1"'I"i,oOI" of I'..d"ml, Slale, C'JlII1IY and local
I~\". "nd ordinaJlces, rulc~ and regulations, Ihat arc .pplicab)e 10 the ifem~ veing Viti
Lllck or knowl~dtlO by Ih~ fliddo,. ~h.11 in no way bc a cause for relief from
rc'por\Sibility, or c011sltfl1le n co~niz;lble (j"r"n>~ i1f,idn"lh. le~,i\l eO'ccl IlIo,.""C
i"lIF.lLlC ENTITY CRIMES - In aceordun"" with the provisiol1s of pllmllmph (2)(~) or
SCCli(rll ~R1 133, Florid" Slallle~, "a person or alliJiate who hll5 lIcen placed Oil "l~
convicted VenoO( li~1 follolVilll\ a conviction for a public entily crime may nol submit 0
bid on a contract to provide nny ~uod, '"' ,"'VIC'" \" . I'tlhlic ,"tity, ,".y lI"t m,bl1l1t a
""I VB it cOrllf.1ct with a public cnlity for the comlruction or repair of II p11bllC blllldill~
or public work. mny n"t '"l~nil lll(l, \1" leases of rcal property to a public entity, may
nol be awarded or perloll11 wurk ii' iI ClllllmCIO,., ~IIJlplic,., ~lIbeo/ltractor, or eonsult",,1
UIll..h':l 4J C()Ulf';~Cl with a"y public entity. rn'\l~11T111Y HI)I trWl:;\Il.-1 hllo,;;r14':s!. WI'\' ;Ul)l ~l.Jblic
eotity in e',e,,-' "I' tbe thl'cshold amount provided in Secllon {,X711]7, C'1I'
CA TEGOR Y TWO for" per/oJ or :>6 Il)o"th~ frolll tbt dare of being placed on \lle
l.:.<,mvIC!Cd vendor lis.t:'
[)ltlJG FREE WORKPLACE I'ROCR^MS . Pre[crenee shall be given 10 bu,ill."
wilh Drug-Free Work Plnce prognu,,> Whe"cvcr Iwo or more bids which lire ~q\lill
wrlll re'I"'''IIO PI',CC, qualiJY, auo s<ryjce ure reoeived by Ihe City lor Ihe proeuremelll
of cammo,lil1.' '" cOlllraetuaJ service~. a bid received fWIIl " I>U';IIC'.I th.t completes
Ihe att.clled DFW li)l1n "",(ilyi,,~ Ihar it is a DFW .hnll be {:iven prer.r,,"te III the
!1 ward prcCCS~L
PROC'I IJII!MENT CODE - This bid is 1I"v.n1<d by th~ City procurement Code 1\
Ol'l'y of lile Procurement Cu,le " av~il'lhlc for your review at the City Purc;I""il1x
om,~
AllY prolem or olspule. p"f1;\lUnl 10 II liS bid undlor CUlrlnt~1 I\Willll ~h~11 he 8(lve<ne,
by lhe proccdllfcS uoled in the Procurement Code
CQJ)E.LlE.ElJ:llCS - If any bidder violates or is a party 10 a vlOlolioll of Ille CO,Ic 0:
,lhie, of lhc Cily of Boca Raton and the State of Florida with r"-'peetlo rhi, bid, <ue::
vldlkr Ill"Y be dmJIIl.lined 1'1'011I perfonnlnu the work describ~o ,rl Ihi5 [,;(1 0' rrOIY,
fllrni,hing the goods or services for which the bid is submitted and .11011 be rurthc.
disqunlille<llrolll bitldilll\ Oil .my ruf,ue l,ids COt' wOlk or ror 8ooC~ or services for Ill'
City of Bocn Rnton. II copy of Ule City uud Stnte Ethics Codes is ilV,(j1i,hl. :1\ ll1,
"croce of Ih" ('ily Clelk, City of !joe. ROIO", 201 W Palmetto Park Road, Boeu Ratcl'
rlorida.
J. I'FIlFIH! .'Nfl q.,UT TAX
fhe Cll~ ,,( I\oea R.ton i:; exempt from Federul and State Taxes for lungible persona:
IlrDIJcrty The Pmcllllsl/lg Ollic. \v,1I SIIl'P1y the ~\lCee~~[,.llli~der with an exemption
ce111f1cate \'endors or contractors domg bllsme>li wilh Ule Cily Of HO,I, l{~lo" slUlii
"Vi b. ~'~lh"ICd (1(1I1l l).'lying sale~ 1'" 10 lbeir ,"ppliN'S for materials to fulfil!
cvnlmc1uIlI obltglltlons wilh Ihe e,ty. nul' .hnll 'lilY V."doriConll'1lelor be authoriu(\ I"
;;:.<.; tll:; Ci~~/~~ T~x E~c:mp.tic~ Nt:mber in ~..ect!ring ~uch mntetieh:.
, \r:cr t>l'~NCIURI' lErTH1N
rilr C1I.y uf l10~1l Rill"u re>el'"' tire riellt 1(\ acecpt or 10 reject auy or all bids anu
II\~ke the aw~rd 10 IhOl bidder, who III the opinion of the City will he 11\ Il1e be"
ILL:':-lcst l)( ..lnd/a!" the InOS.t RdvRntltl~COUS to th~ City. Tb~ City oj!" UtIi:;:s RalCJu Oihi
I t.::!.CIVC~ :hJ.;: dp,111 to r~jcct the bid of allY vendor who hus pn::vjomdy l'i1ih.:d 11\ Ih~
~lJ ~)lfCl 1)1,:1 (lll"Jlli111l;:l;. ~lr i\11 l\ward or 10 deliver on time: COlltrncts of u sirnilur n<<tufe {'"
wh(115 llol iil it po,il,on 10 perform prupe"l~ 11l'11<, Ihis ."ard. The Cily ofBoco Rato,'
lC:;CIVC:; the ,<ght to inspect all facilities of bidders m ord"r to lT1i1k. ~ ,lelcrmin3ti(1'1 Ih
lu th. (OIC(IOillg, .the Cil)' or 80c" Raton reserves tile right to willve illlY Inegllh,rill<.l
illl(f I:;chlllc:lltlic~ and m3Yl at itls discretion, request 8 re-bld
5. ,\I TEIl:-.<1TIVF:SfAPPRnVFO Fr}ll~I,lI)f:,YI~'I'lnNS
Unte" olhe"vl,e specified, the mention otthe pilrliculm' '1IiIlluf'Clllrc".' bmJl~ n3m" 0'
lIl1mber in the ,peell'icllliolls doos nol i,1'111y lh~t lhi~ panieular product is tile only o,,~
II10t will be considered for purcllUse. This rerer.nce i. imendeo ,01,ly \0 designate tlit
'vp': UI '1',;,{/'ry or nr.l'clwt\ilise th31 will !Ie aeecrtahle. Alternate offers \Yill be
considere,l and mu,t include descriptive li\~"'tllre .mdtor jp~cir.c~\iOl\~, F,.il\l1e.
j"(IV".I~ ddCJlflliv.;. Ijl~ratur\: "ndlor :=:~)ccifications with alfemate offers may be cause
101 dIS4""liI'G1lliUlI 01 the bid
I' II:,. (l~r~lllllll;,won it:' (() whether any a:ltcruatc producl Dr service IS or 15 not equal snn;i
he flI\ld~ ~)y th\; City I,.lf T1oc;11 Ru1nn ;H1d <.;uth ,ltkrrninilliol\ shall be final and binJ1.J~~
I'PUlI 011111t1(('"
Ilthollgl1 the City o( BocD Rutan provides lor Ill. <;\l1l.id.r.lliOIl or "llel',,"IO l>lds, I:
"~~i..'IVC~ 111(' nghc 10 lIlRke an award in the best inle:rest c\f l11e Csl)' .su<;h itW;Il\llll.n
"I)i I)~~:-;:qrdv l~e J.~lV~J1 tu lit,;: l()wc~l bid offered
rbe' bidd,,, ,holl be respon~ible l'or ,,,,,tlIIIl\ vcry c3refully, and understandi"8
..:omplcklv, lite n:qulrtll1cnts Nld the s.pl:t;"1~HI()lIS i,lr (tit; 1~C'1I\~ bid UpOl'1. "~;l'(
d~:Vl;"HIII rll;,lfTl :'PCi,'"lfrc,ll,(uU lj;qf{'d he-rein musf be clearly indicntc:d, Olht;tw,~e It '',II!i
1>. lOI1,;<I"i ~d Ihillllel1i~ offcrcd "ro in .tricl compliance wlilt the,e 'pccifi~,tioIlS, "lie
the successful biddC'T will be 11':ld rc::-;pl..msiblc thC're(orc:~ dc:viatiGlls must O{' e>:piaincd
in detail on ~n attached ,heet(.) wllI it",ni,."ct hy number. Any item or items Iho, de
ISO\ lIlCt;:1 Cil) .{pccificatil"lns upon deiivery Will nol b,: iU;:~~pl~J :\nd if JIle: item ClU~11f11
:If': llJv(,<<11l lip 10 ;lIptci ficaliDns. in a ~'. , .
rCflsoliBblu il1i1e. the bii.h.l~i' w'lll be rcqutre'd :0 compen:;:::'1:: Ul~ ,....,\\, !Clr' (hff~r~'~" '
price ental led In go~n~ 10 lhe: Il~X\ low bid(kl
"'~
\J...Ih-Jr~ Ilwre \11111\ UlI!;: 11\;111 is ti!.tC'd. any ilcms. nol bid upon ~hilll il~ [I1dic31cd "NU
nlD" j(llillll,!lll~; ;u'C bid on, the "Statement of NO DIP" ~houJt1 be n,:tumed, with ttl'
,"'dupr plil"'ly Ill,,",.;d "NO BID" alld with Ihe bid I1l11l1b'I, Fai!l1rc to do '" wi!'
TC
nn iildicntion Ihalthc bidd(t O(,c. Il{ll wi~h to be conAidcreu fOr ('nture bids,
7. NON.r'OI I "S!~
Bidder certifies Ihl1l Ihis uid is made without I'riol' uaderslanding, agreement, or
COlllleclioll wilh nny corporAtion, firm or person submittil'e II bid for the same
malerials, ~erviee~, ~\l~'J)lics, Or eQllipment and i.{ i'l 1111 respects fair and withOlil
eoIlIIA;O,' 01 fnmd,
No I're,niU'llS. Icbales or glllluities pcnnitted; ~ith\:l' with. prior 10 or aileI' any delivcl'y
of material or proviAiOtl ot' seT'o'i~es Any such violnlioll muy result in contT9cl
e'"1cellillion. return of materials or diACI)l1litnlllllOll of SClVic~ and Ihe posAihie
removal from the vend(ll' bid Ii 51(S)
3. rnNF'l rr'T' nF 1N1'p.IlJl:S'r
'nlC "wllrd i~ ~ubjecllo provi~ioll~ of State Sl<ll\lle~ und City Ordinance~. All hid~or.
musl disclose wid, their bid the IInme of any officer, dir~lor. or a~ent who i~ also an
cmployee 1)1' the City of Boca Raton. FUr1her, nil biddm musl disclose the name of
any City employee who 0\\111, liileelly ur indireelly, all illler~' (If 1~1 p~rc~nt (10) or
1lI0r~ in the hi(kJe(~ finn III' nny of it's bl'llJlcheA,
9, IJNII'OIlM (,O'lllM~-IU':l.61 rODE
The Unifonll CMllncrei~1 COOe (Flurida Statues. Cha~ler 6n) sh~1I prevnil liS the
b;.~i$ for 'untr~clllnl obligations between Iho ~witl\led cunlrootor/vendor and tho City
of Boel Raton for any lenll~ and conditions not specifically .U1I~d illlhc J"vilutiQnlu
Bid.
10. ~lI,T^I(~"
11IIhe evenl of extension error(s), Ihe IIn;1 pl'Iee will prevllil and tho bidders 10lal oITer
will bc corrected Aeoordilllt1y In Ihe evenl of addilion errors, Ih~ c.lelld~" lu(nls will
prevail .,lId Ihe bi<ldcr'~ lUIal will be correcled aceordi"lt1y, l.1idders musl check their
bid ploposnl where applicahle. Failure tu dll :so will be al the bidder'. riAk, lIids
having crllSllre. or eorroolil\'" IIm.' be inilialed in ink by Ihe Biddet.
II. ^ V ^ 1I ^ liII IT" ql<' I'IINDS
The oblil\llion~ or the Cu)' or OUCD Ralon under tllis AIYan1 ;lfe ~lIbjecl lu lhe
"vlli'"l,;I;,y of fnllds tnwfully appropri",~d for it, Ihl'i.I{l~e by th. Slnle of Florida and
Ihe Cily of Boca Ralon.
12. l::~() STAJ:I'MF~'T
111c Cily 01'1I(~1 Rnllln is commiued 10 as.lllrin~ oqlll,l ('ppor1l1nily in the Iward of
Clllllntcts nnd.therefore, complie< will. nU l;ows pruhibiting discrimination Mlhe "nsl,'
of nlce, culor, religion, Ilal;ollilll1rigin, age and sex,
IJ, RIniABll1 ,\TIO'l
Bidders desiring a copy of the bid Itlbnlnlion uf the Invilation 10 Bid II1ay rOll"e,' slime
tly el.cl(lsin~;1 .ell~lIddressed, stamped enVel(lf'O willllheir bid.
14. !!In FCm~s
All bid proposal. II1U<I b. ""bmined on our standard Invitalion U, llicJ form. Bid
1',0l'os;,I, (Ill vendor quotation fonns willnol he IIce~l'led,
15. f'()f;'l'IN(; 01' IIm'T'~lJl]{~Trn"'s
Bid tnb"lntion~ will be posted. for review hy i,n':TI;,o'ted pnrties, al lhe Purchasing
Division prior 10 submission through the appropriale npprovnl process, and will
remain poSled for I period or 'Ix (6) 1~IY~ (<:x~llIding Saturdays, Sundays and lOll'"
holidays) afIer the bid U1hmitlal de~dline dute, rniture 10 !ile . prologl within the lilll~
pre~ribcd in Ihe Procure,"clll Code shnll constitule a waiver of proccedin~,~ 'IlIMr Ihe
rcferenced Code,
16. C'ONT!Ur-T;IIA I ~C;IH:[.JVI"N1'
'11Ii, 11\\liI3Iion 10 I.lid ,hall ho ir'cl\ld~d iHld 1I1~lIll'Oroled in Ihe finol award, The order
of ~o'l\rn.1un' precedence will be Ihe pumha,e order or blanket purchase ordcr, hicJ
document and ",""]>onse, Any and alllogal action nccC1l~8ry to enforce the AWlIro "'ill
he held in Palm Beach County, FI,)rida Ind the e('lllll'lIelll~1 obli~~li(llI" WIll be
in,cl'Jlretcd aocordinlt 10 U1C laws of FJori~, Ally COIllI"Cl 01' agreolllolll.C4ui,.d by
vendor mUS1l1e enolo..d nltlme ol'bid response submittal.
17 SIIIII'rl'l'lJHrTl!\!G
If J vendor ~lIbconl'i1el. nny pUr1ion or n o;onlrncl for any reason, he IlIlL~1 $late the
11Mle (DId ~lldre~ of'the subcontractor and the name of the pcNlon to be contacted 011
the nlluch~d "ScllcduJc. (lr eMII'",'''''''', The City of Bue. Ralon reserves Ibe righlto
ileOcl'l 01 rej.'t:1 nny or all bids wherein a Aubcontr,cl(lr i~ lIamed nnd to make Ihe
i,wilrd 10 the bidder, who, ill Ihe opinio" of lb~ Chy. will ~ in the best inwe~1 of
amI/or 1ll0S. ~dv',lI~H.OllS tu the City, The City of Boca Ralon also re.C1'V.~ lhe right
'0 rcje~ ,.llld ul' any bidder if the bid names a ,ubcontr.o:tor who h.1~ Pfeviously fai I~d
111 the proper pcrfomllllec (If (llI .witl'd I)" rail~\1 10 deliver on lime contraels of a
,imil,\1' 1\'1""". or who i. not in 0 position to perform propcr1y under Ihis ilWaN. The
<:il)' (.rBQen Roton merv~. rhe rigllllo m.ke lh~ delCt1n;llitliull:lot \() the foregoing,
1.\ IN\'rll('r:SG J.:'I:DP_AYMENT
1"Vl11~lIl 1\11 ;IlIY ond all invoice(s) Ih.t may aris~ 1.\. rCAul! of. eOllhilCl, or pllrchll.\C
order iS~lIed pursu.n' to this bid ~peeificilli()t1 .hlllt minim.lly meet tho follo\vlng
0(\1\,1;';011' II) l..e ~un..dered as a valid plI)'ment request:
la) A tilHely $lIbml.sioll of a properly certifiable invnier:(s). ill striC1
ilc~ordnnce with thc pricc(s) and delivery eJ~~nellt$ i1* IOIipulatcd in Ihe
cOlltraet or purchase ord~r UOCUIlIClII. sllbmined 10:
'llle Cily of llocu Rnlon, Finance Departmcnl
City Hall, 201 W. Palmeno Rd, Boca Ralon, Ill. 33431
(Il)
,\11 i"vo'~c:,: ~ubmined shall consist of al\ origiual onu (IIIe (1) copy;
clearly reforence Ih~ ~llbjc<.i cOII(ru~1 ur purchnse order number; provide a
,nffjeicnl ,.Hopl! do:scription to identify goods or service for which
pilymenlls reque.ted; conlain dlte of delivery; orillinJI or le~ible eopy of
signed delivery reeeipl inoluding bolh 1I~lllunl ond printed name of a
do,igll.lled City of 1I01:U R~lon employee or aulhorized agent; he eh:llrly
mM~\l n.' "pnrtllll", "oomplete" or "final" invoice.
The invoicc shall colltain Ihe lliddel's Fed~rnl Employer Identification
number.
C,ly terms ore "Net 30 daY'" aftor acceplanee of B(I()l.I~ or >eMtC'S and
receipt of an 8eecprablc invoice "-~ dc.eribcd herein, Any olher Icnll~ of
pllyment musl have bccn proviOl~~ly tllJprovcd by !be Ciry of Boca Rato"
All d appcar on thc eOllll'ocl or plIrehu,e order document to be binding upon
1I1~ City
(~)
(d)
19.
r'n~lI>l! ~ .;('~' WIT" ("T" OF enrA RATON ORDN "N(,~
.\warde,j ve,.<IOI ,h,,1I ~Imply with all applicable Boca Ihl(\1I City Ordinanees,
includin~ U,.j 7, 'T)i~plny or Idenlification on Truek~ ~nd l~cl~lcd Commercial
Vehicles". which mandafC! vchicle~ be dcsir,lIl1lcd by lettering of two inches minimum
sizt on cilher .ide of Ihe vehiclc jn~icatmu Ihe nome and address or Ihe p~UCln Owning
\.,r "flCf31I1l); Ih!,! l'Iilfl11;! Ic,lr cllmmeNiaJ use.
NOTE: A~Y AND ALL SI'J~CI^I, CONDITIONS AND fiPECIF1CA110NS
..\TrACHEIl ur':KfJTO WIllCH VARY FROM TIlESE GENERAL CONDITIONS
SlIALL HA VE PRECEDENCE.
20 nlll ~lWM!S<;lrlN BY ('[TV F.1VIPI OX~f'~~l)fn1!lJ1 0'''''("141
,\n cHcmpli"n applie! ller s.,c'iun , 12,J 1 (21) of the Florids StltutC11l110winlllO'
o,n"Joyr:c ,",dJor ..!lItlul with nn established compsny 10 ~"blllill' ...1.11 bid as long as
,It. lIi(kl~ ~Qlllpleles and submits with cheir bid 1~.ck.S~ "('nn 3A, Mlnlerestln
Competitive Bid for Public t1u,in~!:.~~". 'rhi~ form may be obtained from Ule BllC(.
Ralon PlIIehasins Divi~ion.
'I'C-2
BID NO. 2005-066
INVITAilON TO 81D
BID Number 2005.066
WEATHERPROOFING
1. INSTRUCTIONS TO BIOOE;RS
The City of Boca Raton, Florida IS hereby requesting sealed bids from qualified bidders for
Weatherproofing. Bid Number2005-066, which will be received by the City of Boca Raton until 4:00 p.m.
prevailing time on August 31,2005, at the Purchasing Office, City Hall, 201 West Palmetto Park Road, Boca
Raton, Florida 33432. The City of 80ca Raton shall not be held responsible for the content of bid packages
obtained from any third party source nor will the City be responsible for providing addenda to potential
bidders who rees/ve a bid package from other sources than the City of Boca Raton Purchasing Division,
Bidders must follow the City of Boca Raton visitor security access procedures when hand delivering
bids. Bidders should allow at least 30 minutes to follow the below visitor procedures.
1, Enter building through the front entrance door (North side of City Hall Building)
2, Present photo identification and sign-in at the front desk at which time a visitor badge will be
provided
3. Proceed to the Purchasing Division Office, Room 105
4. Present bid in the Purchasing Division for official dnte/time stamp prior to the closing date and
time
Bids shall be publicly opened and read aloud immediately thereafter This bid package contains 34 pages
including pages TC-1 and TC-2_ Bidders are responsible for verifying that they have received all bid pages
Bidders are requested to submit an original and one copy of their bid document for review by the City.
Any ambiguities or inconsistencies should be brought to the attention of the City through written
communication with the City five days prior to the opening of the proposals,
The purpose of this bid is to provide weatherproofing services on the exterior of all wood structures and
various items at twenty-nine (29) Park facilities located throughout the City of Boca Raton as identified in
scope of work.
2. INFORMATION
Any questions by prospective bidders shoufd be directed to Robert M, Balinski, Buyer of the Purchasing
Division, (Telephone Number 561-393-7873, who is allthorized only to direct inquiries to various portions of
the bid so bidders may read and interpret such for themselves, No authorization ]s allowed by any City of
Boca or Purchasing Division personnel to interpret, or give information as to bid reqUirements in addition to
that which is contained in the written bid document. Interpret<:Jtions of the bid or additional information as to
its requirements, where necessary, shall be communicated to bidders only by written addendum after written
requests have been received from the bidder, AIf written roquests must be received five (5) days prior to
bid opening. Questions may be faxed using City fax number (561) 393.7983,
3. ADDENDUMS
Changes in specification requirements will be issued in official addendum(s). The issuance of written
addendum(s) is the only official method whereby interpretation, clarification changes or additional information
can be given. If any addendum(s) are issued, the City will attempt to notify all known prospective bidders by
fax or by mail. However, it shall be the responsibility of oach bidder, prIor to Bid submittal to contact
the Purchasing Division at (561) 393.7871 to determine if addendums were issued and to make such
addendum(s) a part of the Bid. The City shaH not be responsible for providing said addenda to potentia:
bidders who receive a bid paCkage from other sources
810 NO. 2005-066
4. EVALUATION METHOD
Complete Bid packages will be evaluated by City Personnel taking into consideration price, labor. supplies,
equipment, tools and service proposed along with Bidder's qualifications, adequate organization, references,
and personnel to ensure prompt and efficient service to the City, The City will determine which Bidders are
"responsible and responsive".
5. INSPECTION OF FACILITIeS
It is the bidder's responsibility to become fully informed as to the nature and extent of the work required and
its relation to any other work in the area. including possible interference from other site activities.
Arrangements for bidder's inspection of fai;;ilities and/or activity schedules may be secured from Diane
Schwer, Assistant Parks Superintendent, telephone number (561) 393-7847. Failure to visually inspect the
facilities may be held against the bidder.
S. CONTRACT PERIOD I
The initial contract period shall be for two (2) year automatically renewed thereafter for two. one-year
renewal periods subject to cancellation clause as provided herein. Automatic contract renewal shall be
subject to the appropriation of funds, satisfactory performance and determination that the contract renewal
is in the best interest of the City. The City requires a firm price for the initial contract period. Requests for
contract amount adjustments shall be submitted in writing to the Suyer identified herein ninety (90) days
prior to the renewal date for review by the City.
II REQUIREMENTS OF BIDDER ~
7. QUALIFICATION OF BIDDERS
This bid shall be awarded only to a responsive and responsible bidder (s), qualified to provide the work.
specified, The bidder should submit the following information with their bid package to be considered
responSive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the
requested information may result in the bid being considered non-responsive. City forms are provided for
your use starting on page number 19.
A. Summary indicating bidder's experience and training in similar work for Government Agencies.
B. Three (3) references that list a brief description of similar accounts and size, satisfactorily completed
with location, dates of contracts, names. addresses and phone numbers of owners.
C. List number of estimated labor hours and number of workforce available to perform work if awarded
contract.
D. List of Materials, equipment, product/brand to be lIsed and names of employees performing this
scope of work.
E. Number of year's organization has been in business,
F. Submission of Quality Control Program.
G. Submission of Safety Program
8. ALTERNATES AND DESCRIPTIVE LITERATURE
Bidders must furnish all information requested and in the space provided on the bid ferm, if any, Further,
each bidder offering an alternate manufacturer other than the manufacturer's specified must submit
descriptive literature and/or complete specifications for the manufacturer offered. Additionally, this
information must be submitted to Robert M. Bolinski for consideration prior to August 18, 2005,
during normal business hours, (8:00 A.M. to 5:00 P.M.) to be consIdered for evaluation. All bidders
2
BID NO. 2005-066
who have picked up the bid package will be notified by written addendum if alternate manufacturer (s) were
approved, four (4) days prior to the bid opening date. The C{tv wi/f not accept a substitute for Deck &
Shake Products. This product has been utilized on prior Weatherproofing contracts and is also
environmentally safe, Reference to literature submitted with a previous bid will not satisfy this provision
Bids which do not comply with these requirements shall be subject to rejection.
9. REFERENCE TO BRAND NAME /S\
Reference to Brand Name (s) is for the purpose of describing the standard of quality, performance and
characteristics desired and is not intended to limit or restrict competition, as outlined in Item Number 9
except for Deck and Shake Sealer and Stain products,
10. SAMPLES
Samples of product when required, shall be furnished free of charge of any sort to the City. Samples which
are not destroyed from testing will become the property of the City of Boca Raton unless otherwise stated
by the Bidder. Samples shall be clearly identified with the vendors name and description of product.
11. WARRANTY
The successful bidder shall fully warranty all services furnished against defect in materials and/or
workmanship for a period of one (1) vear from date of completion and acceptance by the City of Boca
Raton. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during
the above stated warranty period, the succesSful bidder shall repair or replace same at no cost to the City of
Boca Raton, immediately upon written notice from the Purchasing Manager or his/her designee.
12. SUBCONTRACTING
If a vendor subcontracts any portion of a contract for any reason, he must include, in writing the name and
address of the subcontractor, name of the person to be contacted including telephone number and extent of
work to be performed. This information shall be submitted with bid response and approved by the
City. The City of Boca Raton reseNes the right to reject a bid of any bidder if the bid names a
subcontractor who has previously failed in the proper penormance of an award or falled to deliver on time
contract of a similar nature, or who is not in a position to perform properly under this award.
13. OCCUPATIONAL LICENSE
All businesses in the City of Boca Raton are required to obtain a City of Boca Raton Occupational License
at a cost of $105.00 per year in addition to other one-time fees that may be incurred (application fee.
certificate of use fee, use inspection fees, fire inspection fee). For further information regarding license fees,
call (561) 393-7937, All other businesses not located within the City of Boca Raton must show proof
of a current Occupational License for their business location, unless exempt A copy of the license or proof
of exemption shall be submitted prior to awarding the bid
14. DRUG.FREE WORK PLACE
Preference shall be given to businesses with Drug-Free Work Place programs, Whenever two or more
proposals which are equal with respect to price, quality, and service are received by the City for the
procurement of commodities or contractual seNlces, a proposal received from a business that completes the
al1ached DFW form certifying that it is a DFW shall be given preference in the award process,
15. COMPLIANCE WITH OCCUPATIONAL HEALTH & SAFETY
Bidder certifies that all materials, equipment, etc., contained in this quote meets all O.S,H.A. requirements
Bidder further certifies. that, if he/she is the successful bidder, and the materials, equipment, etc, delivered
is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs
necessary to bring the materials equipment, etc., into compliance with the aforementioned requirements
shall be borne by the bidder.
BID NO, 2005-066
The successful contractor shall be solely and completely responsible for conditions of the job site, including
safety of all persons, (including employees) and property during performance of the work. This requirement
shall apply continuously and not be limited to normal working hours, Safety provisions shall confirm to the
U.S. Department of Labor (OSHA). Florida Department of Labor, and all other applicable federal, state,
county, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more
stringent requirement shall be followed, The sLlccessful Bidder's failure to thoroughly familiarize
himself/herself with the aforementioned provisions shall not relieve him/her from compliance with the
obligations and penalties set forth therein.
The City reserves the right to make safety inspections fit any time the sLlccessful bidder is within the City
limits to ensure safety rules are not being violated.
16. OCCUPATIONAL AND ENVIRONMENTAL SAFETY AND HEALTH
The Contractor shall comply with all applicable Federal, Stale and Local laws regarding "Occupational
Environmental Safety and Health". This shall include but not be limited to compliance with the U.S.
Department of Labor~Occupational Safety and health and the Florida State Department of Labor Divisions
of Safety Standards and regulations.
Upon request the contractor shall provide the City with a copy of their written safety program pertaining to
the subject of the bid/contract, if such a program is required by law.
The contractor shall in accordance with the OSHA standards and Chapter 442 Florida Statutes provide the
City with a Material Safety Data Sheet (MSDS) for any covered item which is delivered to the City of used
by the Contractor on City property as a result of this bid or contract. The Contractor shall ensure that these
covered items are also labeled as required."
17, INSURANCE REQUIRED (Proof of ablllty to obtain Insurance to be submitted with bid document)
WORKER'S COMPENSATION
The contractor shall procure and maintain, for the life of this Contract/Agreement, Worker's Compensation
Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage
shall include Employers' Liability with limits meeting all applicable state and federal laws, This coverage
shall extend to any subcontractor that does not have their own Workers' Compensation and Employers
Liability Insurance. Thirty (30) days notice of cancellation is required and must be provided to the City of
Boca Raton via Certified Mail.
COMMERCIAL GENERAL LIABILITY
The contractor shall procure and maintain, for the life of this ContractJAgreement, Commercial General
Liability Insurance, This coverage shall be on an "Occurrence" basis, Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed Operations and Contractual Liability,
This policy shall provide coverage for death, personal injury or property damage that could arise directly or
indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be $1,000,000 per occurrence, Combined Single Limit for Bodily
Injury Liability and Property Damage Liability with no more than a $10,000 deductible.
The City of Boca Raton the Greater Boca Raton Seach and Park District must be named as an
additional insured. The additional insured requirement is waived if the vendor is delivering a product
owned by the City, Thirty (30) days written notice must be provided to the City of Boca Raton via Certified
Mail in the event of cancellation.
4
BID NO. 2005-066
BUSINESS AUTOMOBILE LIABILITY
The contractor shall procure and maintain, for the life of the ContractfAgreement, Business Automobile
Liability Insurance.
The minimum limits of coverage shall be $500,000 per occurrence, Combined Single Limit for Bodily Injury
Liability and Property Damage Liability, This coverage shall be an "Any Auto" or "Comprehensive Form"
type policy.
in the event that the Contractor does not own any vehicles, W8 will accept hired and non-owned coverage
in the amounts listed above. In addition, we will require an affidOlvit signed by the Contractor indicating the
following:
"Company Name"
does not own any vehicles,
In the event we acquire any vehicles throughout the term of his Contract/Agreement,
"Company Name"
Comprehensive Form coverage as of the date of acquisition
agrees to purchase "Any Auto" or
Contractor's Signature:
Thirty (30) days written notice must be provided to the City of Boca Raton via Certified Mail in the event 01
cancella1ion,
SUBCONTRACTOR'S INSURANCE
The Contractor shall require each of his subcontractors to take out and maintain during the life of his
subcontract the same insurance coverage's required of \118 successful Contractor. Each subcontractor shall
furnish to the successful Contractor two copies of the Certificate of Insurance. and successful Contractor
shall furniSh one copy of the Certificate to the City of Boca Raton,
SUPPLEMENTAL PROVISIONS
1, The insurance coverage and conditions afforded by this policy(s) shall not be suspended
voided, canceled or modified, except after thirty (30) days prior written notice by Certified
Mai!, Return Receipt Requested, has been given to the City of Boca Raton's department that
originated this contract,
2. Certificates of Insurance meeting the specific required provision specified within this
Contract/Agreement stlall be fOlWarded to the City of 80ca Raton Department that originated
the contract, and approved prior to the staM of any work or the possession of any city
property.
18. INDEMNIFJCA TION/HOLD HARMLESS AGREEMENT
Contractor shall, in addition to any other obligation (0 indemnify the City of Boca Raton and the Greater
Boca Raton Beach and Park District (BPD) Florida and to the fullest extent permitted by law, indemnify
and hold harmless the City of Boca Raton and the Greater Boca Raton Beach and Park District (BPD), its
officials, and employees from and against all claims, actions, liabilities, losses (including economic
losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destructioil
of tangible property including the loss of use resulting therefrorll. or any other damage or loss caused by
any negligent act, error or omission, recKlessness, or intentionally wrongful conduct of the Contractor'
any subcontractor, or anyone directly or indirectly employed by any of them,
BID NO. 2005.066
The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of
damages, compensation or benefits payable by or for the Contractor or any subcontractor under any
contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit
acts or any statutory bar.
Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by
the City of Boca Raton and the Greater Boca Raton Beach and Park District (BPD) to enforce this
Indemnification clause shall be borne by the Contractor The obligations contained in this Indemnification
Clause shall continue indefinitely and survive the cancellation. termination, expiration, lapse or suspension
of this agreement.
19. DEFINED TERMS
Terms used in these Instructions to Bidders are defined and have the meaning assigned to them. The term
"Bidder" means one who submits a Bid directly to the City as distinct from a Sub-Contractor, who submits a
Bid to the Bidder. The term "Successful Bidder" means the b€:st, qualified, responsible and responsive
Bidder to whom the City (on the basis of City's evaluation as hereinafter provided) makes an award. The
term "City" refers to the City of Boca Raton, a municipal corporation of the State of Florida. The term
"Contractor" shall mean the individual(s) or firm to whom the ~ward is made or also referred to as the
Successful Bidder.
20. TERMS AND CONDITIONS
No additional terms and conditions included with the bid response shall be evaluated or considered and any
and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid.
If submitted either purposely through intent or design or inadvertently separately in transmittal letters,
specifications, literature, price lists or warranties, it is understood and agreed the general and special
conditions in this bid solicitation are the only conditions applic'.able to this bid and the bidder's authorized
signature affixed to the bidder acknowledgment form attests to this,
21. COMPETENCY OF BIDDERS
Pre-award inspection of the bidder's facility may be made prior to award of Contract. Bids will be
considered only from firms which are regularly engaged in the business of providing the goods and/or
services as described in this Bid and who can provide evidence that they have established a satisfactory
record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services
under the terms and conditions stated herein, The term "equipment and organization" as used herein shall
be construed to mean a fully equipped and well-established company in line with the best business
practices in the industry and as determined by the proper authorities of the City,
22. AWARD
Once the Bids are opened, the Bids will be evaluated by City Personnel taking into consideration
conforming of Bid, price, equipment, materials and service proposed, along with Bidder's qualifications,
adequate organizations, and work force to ensure prompt and efficient performance of work to the City.
A recommendation will then be presented to the City Council which conforms to all requirements herein and
whose evaluation by the City indicates to the City that the award will be in the best interest of the City, The
City is the sole judge in evaluation considerations. The City reserves the right to award on an all or none
basis. The Contract will be awarded only to responsible Bidd0rs licensed and qualified by experience to do
the work specified herein.
Bidder warrants to City that it is not insolvent. it is not in bankruptcy proceedings or receivership, nor is it
engaged in or threatened with any litigation, arbitration or otl1er legal or administrative proceedings or
investigatiOr1S of any kind which would have an adverse effect on its ability to perform its obligations under
the Contract.
6
BID NO. 2005-066
Coordination of project to be with Diane Schwer, Assistant Parks Superintendent, telephone number (561)
393-7847,
23. ACCEPTANCE/REJECTION OF BIDS
The City of Boca Raton reserves the right to accept any or all bids and make the award to that bidder,
which in the opinion of the City, is judged to be the mosl responsive, responsible and will be in the best
interest and/or the most advantageous to the City, The City of Boca Raton also reserves the right to reject
the bid of any vendor who has previously failed in the proper performance of an award or to deliver on time
contracts of a similar nature, who has been suspended or disbarred from doing business with the City, or
who is not in a position to perform properly under this award. The City of Boca Raton reserves the right to
inspect all facilities of bidders in order to make a determination as to the foregoing, The City of Boca Raton
reserves the right to waive any irregularities and techliicalitics and may, at its' discretion request more
pertinent clarification of are-bid.
24. BACKGROUND INFORMATION
The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence of
his/her qualifications as it may deem necessary, and may consider any evidence available to it as to the
financial, technical and other qualifications and abilities of a Bidder, including past performance
(expeiience) with the City.
25. REFERENCES
As part of the Bid evaluation process, the City may conduct an Investigation of references including a
record check of consumer affairs complaints. Bidder's submission of a Bid constitutes aCKnowledgment of
the process and consent to investigate, City is the sole judge in determining Bidder's qualifications,
26. OMITTED WORK
The City Project Manager may, at any time by advance written order and use of a change order, require
the omission and or deletion of such awarded work/services, as the City may find necessary or desirable.
All work so ordered must be omitted by the awarded vendor. TIle amount by which the bid price shall be
reduced shall be determined as follows:
A By such applicable unit prices, if any, as set forth ill the bid; or
8. By the appropriate lump sum price set forth in the bid: 01'
C, By reasonable and fair estimated cost of such omittecl work as mutually agreed upon by the City
Project Manager, Purchasing Manager and Vendor.
EXTRA WORK
The City Project Manager may, at any time by an advance written order and use of a change order and
mutual agreement between both parties, require the performance of such extra work as it may find
necessary or desirable arising out of the modification of the Specifications. All work so ordered must be
performed by the awarded vendor. The vendor shall lneke no claim for extra work unless it has been
approved by the City in advance of the work by use of a Change Order to the existing Purchase Order,
The amount of compensation to be paid to the vendor for Jny work so ordered shall be determined as
follows:
(1) By such applicable unit prices, if any, as are set forth in the bid; or
(2) If no such prices are so set forth, then by a lump sum or other unit prices mutually agreed upon by the
City Project Manager, Purchasing Manager and the Vendor
810 NO, 2005-066
The City reserves the right to actively bid/quote and/or award extra scopes of work to other Vendors when
deemed in the City's best interests.
27. START OF WORK AND TIME FOR COMPLETION
It is hereby understood and mutually agreed by and between parties hereto that the time of delivery is an
essential condition of this contract.
By submitting a bid response, bidder, if awarded contract, agrees to begin work not later than ten (10)
calendar days from start date indicated in the notice to proceed letter issued by the Assistant Parks
Superintendent. On start date Contractor shall prosecute the work uninterrupted in such a manner, with
sufficient labor, equipment and/or materials so as to insure completion within specified time as defined in
Scope of Work, Phase I and Phase II.
If the Contractor shaH be delayed in the completion of it's work by reason of unforeseeable causes beyond
it's control and without fault or negligence, including, but not restricted 10, acts of God or neglect of any
other contractor, the period herein specified above speCified for the completion of delivery shall be
extended by such time as shall be approved by the Assistant Parks Superintendent.
28. DEFAULT
In the event that the Contractor cannot respond adequatoly to the needs of the City by reason of equipment
failure or any other reason, the Contrac1or shall advise the City in writing wi1hin 24 hours of said inability,
and further advise as to the length of said inability. The City may then consider said inability to be a breach
of this Contract and may undertake the necessary work through its own services or those of another
Contractor. The City shall have the right to deduct the cost incurred in having to provide said services from
the payments to be made to the Contractor under this Contract,
29. PAYMEN1;
Partial billing will not be accepted. The City of Boca Raton will pay 100% of the contract price after the
entire Sugar Sand Science Playground has been serviced and accepted. The using Department will make
final inspection of the work covered by this bid when it is completed and finished in all respects in
accordance with specifications and must be approved before payment is made. Failure in the awarded
bidder's responsibility as outlined will result in payment withholding until compliance is received and
approval granted. Unsatisfactory items will be explained by the Using Department and corrections shall be
completed within two (2) working days. Invoice must reflect purchase order number. Payment terms are
net 30 days.
30. INSPECTIONS AND DIRECTION
The worK will be conducted under the general direction of Diane Schwer, Assistant Parks Superintendent,
telephone number (561) 393-7847 and is subject to inspection by her appointed inspectors to insure
compliance with the terms of the bid. No inspector is authorized to change any provision of the
specifications without written authorization of the Assistant Parks Superintendent and Purchasing Manager,
nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the bid.
Diane Schwer, Assistant Parks Superintendent, or an appointed inspector will make final inspection of the
work covered by this contract when it is completed and finished in all respect in accordance with
specifications and must be approved before payment is made. Appointments for the final inspection shall
be made one day in advance,
31. DEBRIS
Vendor shall be responsible for the prompt removal of all debris which results from this contracted service.
8
BID NO, 2005-066
32. BARRICADES AND WARNING SIGNS
The contractor shall provide roping, barricades, cones and/or tag areas serviced and take all necessary
precautions to protect buildings and personnel. ,l\ll work shall be complete in every respect and
accomplished in a workmanlike manner and contractor shall provide removal of all debris which results
from this contracted service, from the City Of Boca Raton property,
33. PROTECTION OF PROPERTY
The Contractor shall at times guard against damage Or loss to the Property of the City of Boca Raton or
other vendors or contractors and shall be held responsible for replacing or repairing any such loss or
damage, Trees, plants, shrubbery's and any or all vegetation surrounding premises where work is to occur,
must be protected and/or secured by contractor to avoid any damage by work ensued by contractor in
efforts to accomplish service(s)/ The City of Boca Raton may withhold payment or make such deductions
as deemed necessary to insure reimbursement or replacement for loss or damage to property through
negligence of the successful bidder or his/her agents,
34. PERFORMANCE EVALUATION
The awarded vendor(s) performance will be heavily monitored during the entire contract period,
Throughout the contract period the vendor(s) performance will be closely scrutinized by City staff,
Vendor(s) will be evaluated by use of the City of Boca Raton Performance Report. If the vendor(s)
performance fails to meet the standards specified within the bid and receives an unacceptable rating, the
City may without cause and without prejudice to any other rlghl or remedy, terminate the contract whenever
the City determines that such termination is in the best interest of the City. Vendor's receiving an
unacceptable rating will be notified by certified mail. Contract termination shall be served by written notice
by the Purchasing Division.
35. CANCELLATION
Order will be subject to immediate cancellation if either product or service does not comply with
specifications as stated herein or fails to meet the City's performance standards
The City of Boca Raton reserves the right to cancel this contract for any reason without cause upon thirty
(30) days written notice to Vendor, and Vendor reserves the right to cancel this contract for any reason with
cause and documentation supporting such on a schedule acceptable to the City and upon ninety (90) days
written notice to the Purchasing Manager,
36. ASSIGNMENT
Neither party to the Contract shall assign the Contract or sllbcontract it as a whole without the written
consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder.
without the previous written consent of the contracting City DepElrtment.
37. NON EXCLUSIVE CONTRACT
Contractor agrees and understands that the contract shall not be construed as an eXClusive arrangement
and further agrees that the City may, at any time, secura SImilar or identical services at its sole option,
38. MEASUREMENTS
The square footage and linear footage noted are only estimates, Bidders will be responsible for their own
measurements and must submit a firm price accordingly. There will be no adiustments, for increase or
decrease of footage required for the job; therefore. the "Total Offer" must be based on accurate
measurements by bidders during inspection. Failure to do so will be at the bidder's risk. Any request for
unit price on the Bid Proposal page is for information only Awmd shall be based solely on "Total Offer"
9
BID NO. 2005-066
39. PURCHASING AGREEMENTS WlrH OTHER GOVERNMENr AGENCIES
It is hereby made a part of this Invitation to bid that the submission of any bid response to this request
constitutes a bid made under the same terms and conditions, for the same contract price, to other
government agencies if agreeable by the bidder. .
At the option of the vendor/contractor, the use of the contract resulting from this solicitation may be extended
to other governmental agencies, including the State of Florida. its agencies. political subdivisions, counties
and cities.
Each governmental agency allowed by the vendor/contractor to use this contract shall do so independent of
any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable
only for goods or selVices ordered, received and accepted, No agency receives any liability by virtue of this
bid and subsequent contract award.
40. ATTACHMENTS
A map of the Park Facilities Is attached and is considered to be a component of this bid.
10
BID NO. 2005-066
TECHNICAL SPECIFtCA TIONS
"Weatherproofing"
SCOPE
Provide all labor, materials (inclusive of shipping/freight costs), tools, equipment, superviSion and
necessary cleanup (leaving areas free of debris) needed to weatherproof, stain and varnish or paint as
specified on the structures at the various Park faciliti€s, WC~lherproofing Services shall be conducted
annually, subject to appropriation of funds and the most suitable time of year as deemed appropriate by
the Assistant Parks Superintendent and site supervisors,
The City of Boca Raton anticipates the work to be conducted in two (2) phases, Phase I and II. The City
reserves the right to change these dates during the contract period as required by fiscal year funding and or
scheduling of activities within the specific locations.
Phase I
The estimated start date for Phase I of Weatherproofing Services will be September/October 2005 for all
locations except Sugar Sand Park, Assistant Park Superintendent or designee shall indicate to the
successful bidder time for commencement of work Will, specified start date in notice to proceed letter
From the start date(s) indicated, services shaii be completed within forth-five (45j ceiendar days.
Phase II
Contingent upon Fiscal Year 05-06 funding and availability of funds, the start date for Phase II, Sugar
Sand Park for Weatherproofing Services will be February 21, 2006 and be completed by March 8, 2006,
Assistant Park Superintendent or designee shall indicate to the successful bidder time fOf
commencement of work with specified start date in notice to proceed letter
Rubberized floor decking, plastic slides, plexigJass display and window enclosures, fish display
pieces surrounding first fJoor water area and fish display in children's tot lot shaff be covered and
protected by the contractor from aU over spray during application process at Sugar Sand Park
Science Playground.
PRODUCT SPECIFICATIONS
The Successful bidder shall be responsible for the cost of ALL material (inclusive of Shipping/freight
costs necessary to complete Scope of Work to City's Satisfaction), The City of Boca Raton shall not be
held responsible for any payment, litigation or liability costs that result from Contractor acquiring
materials required for this bid, Additional coats of e~ch product shall be applied where deemed
appropriate and necessary by the Assistant Parks Superintendent at No Additional oost(s) to the City.
Product specifications to be used for "Weatherproofing" services on are as follows:
. Jomax mlldewcide concentrate by the Zehrung-Chembro Division or an equivalent productJbrand.
. Iron clad rust inhibitive primer #168-20 by Benjamin Moore or Devoe, Glidden, MAS, Porter. Sherwin
Williams, UCI or equivalent product/brand.
. Iron clad rust inhibitive paint #071-60 by Benjamin Moore or Devoe, Glidden, MAS, Porter, Sherwin
Williams, UCI or equivalent product/brand
. Deck and Shake #71 (Gray), #72 (Cedar) and # 74(Brownj #76 (White) Stain NO EQUIVALENT
B~AND PERMITTED.
. Deck & Shake #70 Clear Wood Sealer. NO eQUIVALENT BRAND PERMITTED.
11
BID NO. 2005-066
Deck & Shake #70 Crear Wood Sealer can be purchased from:
Pacific Sales & Manufacturing Company
PO Box 7249, Berkeley, California 94707
Contact: Dennis Acevedo, Telephone: (800) 541-0128
REQUIREMENTS FOR STRUCTURES TO BE WEA THERPROOFED, STAINED AND VARNISHED OR
PAINTED:
A. Cedar Roof Shakes - Replace any shakes that are missing or damaged during pressure
cleaning procedures. All roof shakes shall be stained with Deck & Shake Cedar Stain # 72 or
equal and then sealed with Deck & Shake # 70 Clear Wood Sealer with extra U.v. in accordance
with manufacturer's instructions.
B. Park signs are to be covered with Deck & Shake solid stain and then sealed with Deck & Shake #
70 wood preservative. Color samples to be applied on designated signs for approval by the
Assistant Parks Superintendent.
C. Exposed roof decking at soffits shall be covered by two (2) coats of Deck & Shake # 70 Clear
Wood Sealer in accordance with manufacturer's instructions.
D. Hughes Park bathroom ceiling shall be lightly sanded and re-varnished with exterior grade
polyurethane helmsman varnish by Minwax.
E. All fascia, clerestory exposed wood, exposed soffit roof decking and beams, horizontal bands on
exterior walls, AlC enclosure and roof screens sl1all be stained to match existing color, using either
Deck & Shake # 11 (Grey) Deck and Shake # 74 (Brown) or equal and then sealed with Deck and
Shake # 70 Clear Wood Sealer with extra U,V, If not proviously stained, then seal with two (2)
coats of # 70 clear Wood Sealer.
F. All boardwalks to include all wood railing, decking, stairs, or attached benches shall be covered on
all exposed surfaces with two (2) coats of Deck & Shake # 70 Clear Wood Sealer with extra U.v,
G. All gazebos/picnic shelters shall be covered on all exposed surfaces including, but not limited to,
roof shakes, roof decking and beams, attache,! benches and railing floor decking, rafters, and
posts. with two (2) coats of Deck & Shake # 70 Clear Wood Sealer with extra u.v.
H, Restroom buildIngs shall be covered on all exterior wood sunaces with one (1) coat of stain to
match existing and a finish coat of Deck &. Shake # 70 Clear Wood Sealer. This will include but not
be limited to, roof shakes, siding, doors, vents, 8nd any exposed exterior previously stained wood
material and roof cedar shakes.
I. Miscellaneous wood structures: wood picnic tables. wood garbage can enclosures, wood single and
double freestanding bench, wood bicycle racks shall be covered with two (2) coats of Deck & Shake
Clear Wood Sealer # 70. All concrete beneath wood structures, wood benches and adjacent walks
shall be pressure cleaned,
12
BID NO. 2005-066
APPLICATION AND WORKMENSHIP FOR WEA THERPROOFING SERVICES
1, Pre-treat all exterior wood surfaces as per manufacturers specifications with Jomax
mildewcide concentrate by the Zehrung-Chembro Division or an equivalent producUbrand,
2. Pressure clean all surfaces with a minimum of 2000 P.8.I, to remove all dirt, mildew, ete, Chlorine
bleach solution of 2/3 water, 1/3 chlorine to bo lIsed Allow drying completely before applying
waterproofing or paint.
3, Apply all materials in accordance with manufacturer's instructions. Do not dilute any materials
used. Deck & Shake stain and sealer shall be applied with a minimum of two coats, wait 24 hours
between coats, DO NOT APPLY WET ON WET. More coatings may be necessary depending on
the condition of the wood being covered. The Assistant Parks Superintendent or site supervisor
determines jf coverage is adequate,
4. Exposed metal structural angles, connecting plates, n~rts, and bolts shall be wire brushed, clean of
dirt and rust, and primed with iron clad rust inhibitive primer by Benjamin Moore, Devoe, Glidden,
MAB, Porter, SheiVvtn Williams or UCI and painted with two (2) coats of iron clad rust inhibitive
paint by Benjamin Moore, Devoe, Glidden, MAS, Porter, Sherwin Williams or UCI. Color samples to
be applied on designated hardware, in place, for approval by the Assistant Parks Superintendent.
5, Pressure treated pilings do not have to be coated vlith waterproofing. All other exposed wood
unless otherwise specified, shall be covered with Deck & Shake # 70 Clear Sealer.
6, Sand top of hand rails prior to applying Deck and Shake # 70 Clear Sealer,
7. All windows will be protected from stain and sealer by covering with 3M Liquid Mask or equal and
to be removed after the second application of weatherproofing have been completed,
8, Sufficient drying time has to be allowed between staining and sealing and between two sealing
coats.
9. All work shall be accomplished by skilled workmen familiar with and trained to do this type of work
and they shall be further qualified to operate or use the equipment and rigging needed to
accomplish the work,
10, Materials shall be applied evenly and free of runs, sags, or pinholes,
11, All application tools and equipment shall be ill good working order and suitable for proper
application.
12, A progress schedule shall be furnished by the Contractor for approval and shall be based on the
contract completion date. Contractor shall adVise the Owner of those areas in which work is to
be performed sufficiently in advance of the work schedule to permit the Owner to prepare for the
work, advise employees, move vehicles, etc
13. Spanish River Park Restrooms have been previously painted with oil base paint and the following
process is required:
PreSSure Clean Building, Prime, Paint, Weatherproof
13
BID NO, 2005-066
Locations of Park Facilities
Mac Location Number Park Namo Location
1 Boca Isies 1200 SW 2na Avenue
6 Boca Ticrra 2601 NW 431"0 Street
9 Ef Rio Canal Bridqe (E-30 NW 4ln Avenue and EI Rio Canal
11 Georae Snow Park 1101 N.W. 15th Street
17 Golden Fio Park 600 N.W, 710 Street
12 Gumbo Umbo En'iilronl11e'ntal 1801 North Ocean Blvd.
Como lex
13 Hidden Lake NW 4lfl Avenue and County Club
Blvd.
14 Hillsboro - EI Rio 499 S,W. 18th Street
15 Huohes 200 NE 14'" Street
16 James A. Rutherford 600 NE 24'" Street
18 Lake Wvman Park 1500 NE 5th Avenue
20 Meadows Park --.~ 1300 NW 8'" Street
21 Memorial Parr--- 150 Crawford Blvd.
23 N.W,111n Avenue POcket'Park 620 N.W. 11m Avenue
42 Ocean St'rand ,. 910 Ocean Strand
24 Palmetto Dune ..- 601 West Palmetto Park Road
28 Pine 8reeze Park 1100 SW 20th Street
31 Red Reef Park 1400 North State Road AlA
33 Sanborne S-.9,~~ 72 North Federal Hiahwav
.. 34 Sand Pine Park 300 Newcastle Street (NE)
35 Serenoa Glades Pres8rve 1101 N.W. 15m Street
36 Silver Palm Park 600 E. Palmetto Park Road
21 Skate Park @ Memoriall:;lark 400 Crawford Blvd.
38 South Beach Park 400 North State Road AlA
38 South Beach Pavilion 400 North State Road AlA
37 Soanish River Park 3001 North State Road AlA
39 Suaar Sand 200 South Militarv Trail
40 University Woodlands 2501 Saint Andrews Blvd.
- 470 N.W. 3511\ Street
41 Yale Newman
14
BID NO, 2005-066
SCHEDULING AND PUBLIC SAFETY ISSUES
Contractor shall be responsible for posting signage on all wood structures that have been applied
with weatherproofing materials, stain, paint or chlorine, For example, picnic tables, wood fences,
trash receptacles, wooden playground equipment, bike racks, exercise equipment, shower post.
etc.
. Weatherproofing or pressure washing cannot be done 011 the weekends, Also, no weatherproofing or
pressure washing can be done to picnic tables and shelters on Friday, due to the length of time
needed for drying and the heavy demand for weekend use.
. Vendor must post wet paint signs; signage will not be supplied or posted by the Recreation SerJices
Department. Signage must be dated and must be removed by the contractor once the area is
inspected and deemed dry and ready 'for use,
Pressure cleaning should be done a minimum of 24 hO~lrs prior to any sealer application to allow
wood surfaces sufficient drying time.
. Areas that are being pressure cleaned need to be roped off to restrict parI< patrons from entering until
the work is complete; this goes for when sealer is being applied as well.
. All plastic, Ptexiglas, mirrors, fixtures, brIck pavers, rubber flooring, plastic wood decking, painted
surfaces, signage. glass and non.wood Items need to be masked off prior to sealer application.
Over-spray of sealer on non-wood items will not be accepted,
. Drips, streaks or other indications of product over.spray will not be accepted. Pressure cleaning with
bleach must not result in stains or streaks on the tables or other wooden surfaces
. No chlorine is to be used when pressure washing near plant material. Use plain water only, Plant
material damaged by over spray shall be replaced at contractor's expense,
. Site supervisors must be contacted prior to the onset of work in their park, to establish planned route
through park and must be advised immediately after work is completed to insure proper
processing of payment. All site supervisors are reC:lchable via telephone, fax or email.
. Schedule changes of any kind must be discussed with and approved by site supervisors in advance,
. During periods of high winds, pressure washing and wood preservative applications shOuld be
delayed until winds subside,
. Any Park Entrance Fees or associated fees that are refunded to patrons by the City that arise from
awarded contractor not following specified procedures shall be reimbursed to the City by the awarded
contractor.
RanQer HQI Ocean Rescue
Weatherproofing or pressure cleaning will not be done until ;)fter work hours, in this case 5:30 PM, This
will allow the lifeguards to also depart the area prior 10 tile commencement of the work,
Further, the Coast Guard Auxiliary conducts classes nightly 81 the headquarters classroom starting at
about 7 PM. Therefore, all wor\< must be completoe! beforo 7PM to minimize exposing the public to
chemicals and cleaning solvents being used,
Gatehouses
Do not pressure wash with chlorine, any gatehouses in which people are working, Do not apply
preserJative to any gatehouse in which people are working, These activities must be scheduled prior to
the gate attendant's arrival or after their departure,
Gumbo Limbo
No chlorine bleach can be used in pressure washing boardwalk and tank area. Tarps must be provided
and installed over sea tanks by vendor prior to beginning any work in the area, Tanks must be protected
from over spray at all times, Hand rolling and brushing preservative is required, Prior to any work, vendor
15
B1D NO, 2005-066
representative and their crew supervisor must meet with Steve Bass, Gumbo Limbo Manager, who can
be reached at 561-338-1535 or 561-239-1357 on site, to discuss procedures and must be present at all
times during operation. All applications in the fish tank area will be lOw pressure to minimize over spray.
Any application of finish to railings and tank coamings will be coordinated with Dr. Kirt Rusenko, who can
be reached at 561-338-1587, to prevent any mortality among lank inhabitants. All signs, windows and
external hardware shall be pressure cleaned and then securely masked prior to preservative application.
Application crews must provide tarp and cover plant material before preservative is applied.
Skate Park
When weatherproofing the wood quarter pipe, all areas arOLlnd and under it need to be covered with
a drop cloth.
16
EXHIBIT B
HARTZELL CONTRACTORS' MAY 5, 2009 PROPOSAL
RE: 2009 - VARIOUS PAINTING OF UTILITY BUILDINGS & TANKS
S.'.CX..AGMTS\Plggyback (Hartzell-Painting Srvc) doc
PAINTING CONTRACTORS
2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069
Main Fax: (954) 957-9766 - Main Phone: (954) 957-9761- WSS Fax: (561) 482-9078
May 5, 2009
TO: Anthony Lombardi - Maintenance Manager
City of Boynton Beach - Utilities Department
FROM: Bill Stecklow
RE: 2009 - Various Painting of Utility Buildings & Tanks
As per our conversation, we have on file with Boynton Beach's purchasing department our term contract Bid
Number 2005-066 units for painting and pressure cleaning for the City of Boca Raton. This term contract is in
effect for new bids in the fiscal year October 1, 2008- October 1, 2009.
Location/scope:
At Main Utility Facility- The Chlorine , Chemical buildings and tanks on building; East & West Filter
Galleries, 3 connecting facades under the filtration area; the walkway walls between the filtration buildings; the
site retaining walls, gates, railings, green, yellow and beige piping; blue & red piping/units at concentrated
blowouts, the main entry building on Seacrest; Reclaimed basin facility. All piping will be color coded; the
buildings will have green trim at top band and at windows and doors. We will pressure clean, patch as required;
rime and 2 coats of Sherwin Williams acrylic paint to stucco portion; all metal- scrape rust and coat metal with
Eastwood Rust Encapsulator; prime and then 2 coats of Sherwin Williams oil base enamel paint.
Congress Avenue tank and building- We will pressure clean, patch as required; prime and 2 coats of
Sherwin Williams acrylic paint to stucco portion - lower section - up to top band of tank is to match body color
of adjacent Fire Station, upper band is to match darker trim color of fire station; all metal- scrape rust and coat
metal with Eastwood Rust Converter; prime and then 2 coats of Sherwin Williams oil base enamel paint - color
to match trim color of firehouse; the split face block is to be cleaned and sealed with 2 coats of clear H&C
concrete xylene base concrete stain; the metal doors are to be painted the color of the fire station doors- prime
and 2 coats of oil base paint- includes doing small outer building, and piping near building - piping to match
existing pipe color and also small covered unit in front of the building; tank has hairline cracks that will be
patched and sanded.
Miner Road tank and building- Building- We will pressure clean the building and the Spanish tile roof;
patch as required (included is the replacement of 8 areas that require new corner beads and/or 3 coats of
plaster); follow same color scheme as Congress- prime and 2 coats of Sherwin Williams acrylic paint to stucco
portion - lower section - up to top band of tank is to match body color of the Fire Station, upper band is to
match darker trim color of fire station; all metal- scrape rust and coat metal with Eastwood Rust Converter;
prime and then 2 coats of Sherwin Williams oil base enamel paint - color to match trim color of firehouse; the
metal doors are to be painted the color of the fire station doors- prime and 2 coats of oil base paint and piping
near building - piping to match existing pipe color.
There is 65,820 sq. ft. of area to be pressure cleaned, primed and 2 coats of paint @ the City of Boca
Raton approved units $ 1.02 (.12 cents - pressure clean and .30 cents per coat or .90 cents, prime and 2 finish
coats) = $67,136.40 plus related work - 8 corner beads - $ 2,000.00; 10 gallons of Eastwood Rust Enca sulator
is $ 38.20 per gallon over regular primer estimated in the Boca Raton unit - add $ 382.00- otal is $ 69,518.40.
.,;c: Melvin Pinkey
Bill Stecklow
Email: Bocasteck@aol.com
Cell: (561) 239-4711
CC: Bill Butzbach
Email: BiII@hartzellpaintina.com
Cell: (954) 658-0526
VI.-CONSENT AGENDA
ITEM 8.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Turned in to Legal Turned in to ProcurernenO
Dates Office \.0
0 Ju]v 7, 2009 June 15,2009 June 10, 2009 June 8, 2009 c:
I
[8J Julv 2 I, 2009 Julv 6, 2009 July I, 2009 June 29, 2009 ~
0 August 4, 2009 Julv 20, 2009 July 15, 2009 July 13, 2009 ~
.-
0 August 18, 2009 August 3, 2009 Julv 29, 2009 July 27, 2009 ..
VI
0 Announcements/Presentation s 0 City Manager's Reoort
NATURE OF 0 Administrati ve 0 New Business
AGENDA ITEM [8J Consent Agenda 0 Legal
0 Code Comoliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
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RECOMMENDATION: A motion to rescind the contract for the Bid "RE-BID FOR TWO YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES" BID# 027-21l0-09/JA that was awarded at the Commission meeting June 2,
2009, to Kemp Group International Corporation of Miami, Florida.
EXPLANATION: On June 23,2009, we received a letter of Notice to Delay or Withdrawal from Kemp Group Intemational
Corporation of Miami, Florida (See attached). They have requested the City delay the award until September or October,
2009; which we are unable to do considering the new school year is starting in August. Therefore, they would have to
withdraw, their company from the contract. The second bidder unfortunately does not have a local office therefore, it has
been staffs recommendation to cancel the contract and extend with the current company Staffing Connections until a new bid
is in place, (see department memo attached).
PROGRAM IMP ACT: The purpose of this bid was to establish a firm price for a two-year period for the provision of
School Crossing Guard Services at the various locations within the City.
ALTERNATIVES, The onl, Ile~n exl",,;on fwm the ":JJnl vood~ ~til , oew b;d " m pl,ee.
~~(/~
ent Heao's Signature City Manager's Signature
Assistant to City Manager ~
fM
City Attorney / Finance
{'~~
Procurement Servi es
c: Mike Kelley - Sergeant, Traffic
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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RESOLlJTION NO. R09-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, RESCINDING THE AWARD OF
BID #027-2110-09/JA TO KEMP GROUP
INTERNATIONAL CORPORATION OF MIAMI,
FLORIDA FOR THE TWO YEAR CONTRACT FOR
SCHOOL CROSSING GUARD SERVICES FOR AN
ESTIMATED ANNUAL EXPENDITURE OF
$304,170.00; AUTHORIZING THE CURRENT
CONTRACT WITH STAFFING CONNECTIONS BE
EXTENDED UNTIL A NEW BID AND AWARD OF
BID FOR TWO-YEAR CONTRACT FOR SCHOOL
CROSSING GUARD SERVICES IS IN PLACE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, On June 2. 2009. hy Resolution 09-080. the City Commission
awarded a two year Contract to Kemp Group International for Bid #027-2110-09/.1/\ tor
School Grossing Guard Services: and
WHEREAS, subsequent to the bid award staff has received a request from Kemp
Group International to withdraw from the Contract as they are not able to perform the
Contract due to time constraints is recommending the award to Kemp Group International
Corporation, of Miami, Florida be rescinded: and
WHEREAS, statf is recommending that the Contract with the current company.
Staffing Connection be extended until a new bid and award is in place,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
The foregoing "Whereas" clauses are herehy ratified and conlirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
S:\CA\RESO\Agreements\Bid Awards\Rescind of Bid - Kemp Group (Crossing Guard) doc
1
Section 2.
The City Commission of the City of Boynton Beach, Florida,
2 hereby rescinds the award of Bid #027-2110-09/JA to Kemp Group International
3 Corporation for the two year contract for school crossing guard services.
4
Section 3.
The current Contract with Staffing Connections shall be extended
5 until a new bid and award of bid.
6
Section 4.
That this Resolution shall become effective immediately.
7
PASSED AND ADOPTED this
day of July, 2009.
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25 ATTEST:
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30 Janet M. Prainito, CMC
31 City Clerk
32
33
34
35 (Corporate Seal)
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CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:ICAIRESO\Agreements\Bid Awards\Rescind of Bid - Kemp Group (Crossing Guard).doc
CITY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
- ~-
FrLE: W ....
TO:
Carol Doppler,
Purchasing, Finance
Department
k-r"'--c- -----
vMlCIiael Kelley, Sergeant,
Traffic, Uniformed
Services
DATE:
July 1. .2009
FROM:
SUBJECT:
REFERENCES:
Re-bid for Crossing Guard Contract
Janet Allen email, Letter from awarded vendor
requesting to withdraw from the contract
ENCLOSURES:
The awarded vendor has requested to withdraw from the contract. Based upon this I am requesting that the
awarded vendor be released from the award.
The current vendor (Staffing Connections) should be extended if they are willing.
The second lowest bidder is not local. They maintain an office in Orange County (Orlando, Florida). I spoke
to the owner of the second lowest bidder via phone and verified that they do not maintain any offices in St.
Lucie, Martin, Palm Beach, Broward or Dade Counties.
Therefore this contract should be re-bid and based upon that process a vendor selected,
Mailing: PO Bm 47 16 14"'Millrni fL 33247
2111 SW 60 Way~Mil'amar FL 33023
KEMP GROUPlNTERNATIONALCORPORATION
June 23, 2009
Carol Doppler CPPB
The City of Boynton Beach
Procurement Services
100 E Boynlon Beach Boulevard
Boynton Beach FL 33425-0310
Rc: Two-Year Contract for School Crossing Guard Services, Bid #027-2110-09/JA
NOTICR TO DELAY OR WITHDRAW
Dear Ms, Doppler:
Wc are.in receipt of thc contract documents to provide school crossing guards to the City of
Boynton Beach.
In reference to the above named contl'act, we will not be able to pertorm this contract because of tile
time constraint. This is II new contract that will require at Icast three (3) months for us to recruit,
interview, hire and train guards to till the post<;.
If we were aware orthe award of this contract beforc school ended, we would have had enough time
to schedule a meeting with the cun'ent crossing guards and the city representatives. This would have
allowed us to offer the positions to existing crossing guards. Also if they will not be returning for
the new school year, we can recruit new hires,
Wc al'c asking the City to delay the award until September or October, 2009. If this is not possible,
please allow liS to withdraw from this contract and let this lettcr serve as notice to withdraw ti'oJl1
this contract.
We appreciate your cooperation in this matter. Thank YOll.
Sincerely,
~~.
Joe Faluade
PHONE: (~54)4:J7~7294.
FAX: (954) 437-8952
........ ....... .... .iIII.......
VI.-CONSENT AGENDA
ITEM C.!
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Le!(al Turned in to Procurement
Dates Office
0 July 7, 2009 June 15,2009 June 10,2009 June 8, 2009
X July 21, 2009 Julv 6, 2009 Julv 1, 2009 June 29, 2009
0 August 4, 2009 Julv 20, 2009 July 15,2009 Julv 13, 2009
0 August 18, 2009 AU!rust 3, 2009 July 29, 2009 Julv 27,2009
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Approval of Resolution No. 09_ renewing an agreement with the Palm Beach
Community College and the City of Boynton Beach to provide for the continuation of our Fire Rescue Department as
a field training site for the Paramedic and EMT programs.
EXPLANATION: An integral part of an individual's training to become either an Emergency Medical Technician
(EMT) or Paramedic requires a certain amount of field training, whether that training takes place in an emergency
room or on a fire rescue unit. The Boynton Beach Fire Rescue Department has been a training site for EMT and
Paramedic clinical rotations for over 23 years. This agreement formalizes a cooperative relationship between the City
and the District Board of Trustees of Palm Beach Community College for an additional three-year period.
PROGRAM IMP ACT: Boynton Beach Fire Rescue Department crews are well acclimated to teaching and mentoring
EMT and Paramedic students. Teaching others helps to keep our Fire Rescue personnel's skills at their high level.
FISCAL IMPACT: None
ALTERNATIVES: Not to renew the agreement, thus losing the benefits mentioned above.
....
Depart ent Head's Signature
L. Bingham, Fire Chief
/'
L- ~~A..>:~
City Manager ~
h 1"-'=- KG.5 <!-Vl. (C,
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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RESOLUTION NO. R09-
A RESOLlJTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
THE DISTRICT BOARD OF TRUSTEES OF THE
PALM BEACH COMMUNITY COLLEGE FOR
EDUCATION AND TRAINING OF STUDENTS IN
PARAMEDIC AND EMT PROGRAMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, through passage of Resolution R06-128, the City Commission ul the
of Boynton Beach authorized the City Manager to execute an amendment h 1 the
18
agreement between the City of Boynton Beach and The District Board of Trustees of Palm
19
Beach Community College; and
20
WHEREAS, the time period for the Agreement has come to an end and no additional
21
renewals are provided for in the Agreement; and
jj
..;;.......
WHEREAS, the City Commission of the City of Boynton Beach. Florida. upon
j'"'
~-)
recommendation of staff, has deemed it to be in the best interests of the citizens and residents
24 I of the City of Boynton Beach to enter into a new Agreement between the City of Boynton
25 I Beach and The District Board of Trustees of the Palm Beach Community College for the
1
26 I education and training of students in Paramedic and EMT Programs; such Agreement is
i
27 i attached hereto as Exhibit "A."
i
281 NOW THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE
29 II CITY OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2 being true and correct and are hereby made a specific part of this Resolution upon adoption
3 hereof.
4
Section 2.
The City Manager is hereby authorized to execute an Agreement
5 between the City of Boynton Beach and The District Board of Trustees of Palm Beach
6 Community College for the education and training of students in Paramedic and EMT
7 Programs.
8
Section 3.
That this Resolution shall become effective immediately upon passage.
9
PASSED AND ADOPTED this _ day of July, 2009.
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28 ATTEST:
29
30
31
32 Janet M. Praintio, CMC
33 City Clerk
34
35
36
37 (Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
PALM BEACH COMMUNITY COLLEGE
CONTRACT SERVICES
'ilpbCl;
4200 CONGRESS AVE
LAKE WORTH, FL 33461-4796
561-868-3455 tel
561-868-3585 fa>
mancusob@lpbcc.edu
May 13,2009
Mr. Mike Landress
City of Boynton Beach
100 E. Boynton Beach Boulevard, Fire Rescue
Boynton Beach, FL 33435-0310
Dear Mr. Landress:
The Paramedic/EMT clinical affiliation agreement between Palm Beach Community
College and your facility will expire in August 2009. The College would like to renew the
agreement so there is no lapse of contract.
In the past your facility has used its own contract for our students to do their clinicals at
your site. Please submit a renewal contract to my office. If you prefer we will be happy to
use the College's standard affiliation agreement.
I would like to thank you for your generosity in providing valuable clinical experiences for
our students in the past and look forward to working with you in the future. Please contact
me at 561-868-3455 if you have any questions.
Sincerely,
//~ ( {j IlL<~j~
Beryl A. Mancuso
Contract Specialist
W'W'"IN.pbec.edM
BELLE GLADE
BOCA RATON
LAKE WORTH
PALM BEACH GARDENS
WFS,
AGREEMENT
THIS AGREEMENT, made and entered into by and between the DISTRICT
BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE, 4200
Congress Avenue, Lake Worth, Florida 33461, a political subdivision under the laws of
the State of Florida, hereinafter referred to as "BOARD" and the City of Boynton Beach,
Fire Rescue Department, 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435-
0310, hereinafterreferred to as "D EP AR TMENT."
WITNESSETH
WHEREAS, the parties hereto desire to enter into a contractual arrangement
providing for the education and training of students in the Paramedic and EMT programs.
NOW, THEREFORE, it is agreed between the parties hereto as follows:
1. BOARD, through its facilities at the Palm Beach Community College
("College"), has undertaken to educate and train students in the Paramedic and
EMT programs.
2. DEP ARTMENT agrees not to commence any in-house Paramedic and EMT
training courses similar to those conducted by the College while this Agreement
is in effect, without prior notification to the BOARD.
3. The programs shall be under the auspice of Health Science ofthe College.
4. The President of Palm Beach Community College shall have control of the
program and will be assisted by the EMS/Fire Program Supervisor under the
auspice of Health Science of the College.
5. A Business Partnership Council shall be established to counsel the President and
Supervisor responsible for the program.
6. The term of this Agreement shall be for three (3) years, commencing on August
14, 2009 and expiring on August 14, 2012, unless sooner terminated as
hereinafter provided. In the event that either party desires to terminate the
arrangement prior to the end of the three (3) year period, notice shall be given by
the party desiring to terminate to the other party in writing. Such termination
1
shall not be effective until such time as all then-enrolled students have had an
opportunity to complete their prescribed program. New enrollees shall not he
accepted after receipt of notice of termination. Following completion of any
Agreement term and upon approval by the City Commission, this Agreement
may be renewed by written agreement of the parties, Renewal terms shall be for
a minimum of one (l) year and shall not exceed three (3) years.
7. In the event that any action, suit, or proceeding is commenced with respect to the
interpretation or enforcement of this agreement, the prevailing party in such
action, suit, or proceeding shall be entitled to recover all costs, expenses, and fees
including, without limitation, reasonable attorney's fees incurred by such party in
connection therewith in addition to any other relief to which such party may be
entitled.
FURTHER, THE BOARD agrees to:
1. Accept eligible students into the program as regular enrollees of the Palm Beach
Community College, subject to the rules and regulations of the College.
2. Select a faculty qualified to teach the courses necessary to obtain Paramedic and
EMT certification in the State of Florida and in Palm Beach County.
3. Provide a College-approved course of study which meets Federal. State of
Florida, Palm Beach County, and industry-wide standards.
4. Consult with the designated staff of DEPARTMENT m selecting clinical
experiences for the students of the program, A list of students and their dates of
attendance will be provided to DEPARTMENT by the College.
5. Provide supervision for the students participating in clinical expenences at
DEPARTMENT.
6. Adhere to the Policy and Procedures established by DEPARTMENT to include
the Exposure Control Plan for Bloodborne Pathogens and all related OSHA and
Infection Control Policies.
7. Cooperate with DEPARTMENT staff in all matters pertaining to these programs,
8. To the extent permitted by Florida law, Section 768.28, BOARD agrees to
indemnify and hold harmless DEPARTMENT from and against all claims,
damages, losses, judgments, and expenses, induding reasonable legal fees and
costs, if it is necessary for DEPARTMENT to defend an action arising out of any
alleged acts or omissions of DEPARTMENT'S program participants.
FURTHER, DEPARTMENT agrees to:
1. Provide necessary facilities for clinical experiences for proper Paramedic and/or
EMT instruction.
2. Cooperate in the assignment of students in D EP AR TMENT, such assignments to
be made under the supervision of the College faculty.
3. Provide liaison between the DEPARTMENT administrator and the EMS/Fire
Program Supervisor under the auspice of Health Science of the College.
4. Provide suitable area at DEPARTMENT for conferences and group training
programs for the students.
5. Cooperate in obtaining guest lectures from the staff of DEPARTMENT on
request of the EMS/Fire Program Supervisor as schedule permits.
6. Provide all health examinations and immunizations required by the
DEPARTMENT other than the basic physical examination and initial
immunization required of each student upon enrollment.
7. Cooperate with the College staffin all matters pertaining to these programs.
8. To the extent permitted by Florida law, Section 768.28, DEPARTMENT agrees to
indemnify and hold harmless BOARD from and against all claims, damages,
losses, judgments, and expenses, including reasonable legal fees and costs, if it is
necessary for BOARD to defend an action arising out of any alleged acts or
omissions of the Department staff related to this Agreement.
FURTHER, BOTH PARTIES agree to:
1. Require that each Paramedic/EMT student at hislher own expense provide the
following:
a. Uniforms
b. Meals
c. Laundry Service
3
d. Transportation
e. Physical examination and immunizations
1'. Hospital and medical care
g. School Accident Insurance or evidence of such insurance protection
h. Professional Liability Insurance coverage of not less that $1,000,000 per
occurrence and $3,000,000 aggregate.
PALM BEACH COMMUNITY COLLEGE
By
VP Administration & Business Services
CITY OF BOYNTON BEACH
By
Kurt Bressner, City Manager
(SEAL)
ATTEST:
APPROVED AS TO FORM:
By
Janet M. Prainito. CMe
City Clerk
By:
James A. Cherof, City Attorney
Date
ACORD", CERTIFICA TE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
07/29/08
PRODUCER 1-800-524-0191 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
thur J. Gallagher Risk Management Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
,J80 W. Sand Lake Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 390
Orlando, FL 32819
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: AMERICAN CAS CO OF READING PA 20427
Florida Community Colleges Risk Management Consortium
INSURER B:
5700 SW 34th Street INSURER C:
Suite 1205
Gainesville, FL 32608 INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO"TWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ~~~~ POLICY NUMBER POLICY EFFECTIVE Pgi!fY EXPIRATION LIMITS
TR
ns'~'= EACH OCCURRENCE :$
I """"'"' G"'= '""UN ~~~~~U?t.~~~;'~nce) 1$
CLAIMS MADE D OCCUR MED EXP (Anyone person) $
PERSONAl & ADV INJURY $
~'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
I POLICY n~W;: n LOC
~OMOBILE LIABILITY COMBINED SINGLE LIMIT I
I ANY AUTO (Ea accident) i$
- !$
ALL OWNED AUTOS BODILY INJURY
--
SCHEDULED AUTOS (Per person) I
- 1$
- HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
I -
I -1 PROPERTY DAMAGE $
(Per accident)
I GARAGE LIABILITY AUTO ONLY - EAACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY. AGG $
!_ EXCESS/UMBRELLA LIABILITY I EACH OCCURRENCE $
P OCCUR D CLAIMS MADE AGGREGATE $
I $
R DEDUCTIBLE i $
, i RETENTION $ i $
I WORKERS COMPENSATION AND I I T~~$TtJN," I IOJ~-
EMPLOYERS' LIABILITY I
: ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
I OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
I If yes, describe under
SPECIAL PROVISIONS below I E.L. DISEASE - POLICY LIMIT $
OTHER 08/26/081
A Student Professional 0127291333 08/26/09 Each Claim 2,000,000
Liability Aggregate 5,000,000
: I i ,
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Palm Beach Community College Student Clinical Experience for EMS/EMT Program(s) . Coverage includes College Faculty
Members for instruction/supervision of students only.
CERTIFICATE HOLDER
CANCELLATION
City of Boynton Beach
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
,/-';'77
00 East Boynton Beach Boulevard
JOX 310
IBOynton Beach, FL 33435
ACORD 25 (2001/08) gerenaorl
9418066
USA
@ACORDCORPORATION 1988
"--''''-'''--'---'---'-1
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
VI.-CONSENT AGENDA
ITEM C.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril 21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16,2009
0 Jul 7 2009
~ Jul 21,2009
0 Au ust 4, 2009
~
Jul
Jul
j.~,.!:
'-4 ,.
~~
~
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
~
o
o Public Hearin
o
o
~ Le al
o Unfinished Business
o
(...,)
RECOMMENDATION: Please place this request on the July 21,2009 City Commission Agenda under Consent,
Resolutions. Staff recommends the approval of this resolution which executes the amendment to the Interlocal Agreement
(ILA) with Palm Beach County in connection with the voluntary annexation of the Palm Beach Memorial Park and Sam's
Club properties. For further information, please see the explanation below, accompanying resolution, and attached ILA.
EXPLANATION: On May 19th, the Commission adopted Resolution No. R09-075, which approved the ILA between
the City and Palm Beach County regarding the City's plan to annex remaining parcels of land in connection with the
annexation of the Sam's Club and the Palm Beach Memorial Park properties. The City's commitment to annex properties
located north of Sam's Club would resolve the compactness issue raised by the County, and as an interim measure and
evidence of intent, the City entered into an ILA with the County that documented the city's plan to annex these remaining
parcels by activating the annexation clause within the water service agreement. On June 9th, the County staff notified the City
of the County's desire to amend the ILA to add the Mobil Oil Corporation property, located on the southwest corner of
Hypoluxo Road and Seacrest Boulevard, to the list of future annexations subject to said agreement. Although the City
provides water service to the Mobil station, there is no voluntary annexation clause in the respective water service
agreement. The County is aware of this fact, and proposes ILA language that only commits the City to make the best effort in
seeking to annex the subject property through appropriate mechanisms consistent with state statutes.
PROGRAM IMP ACT: The annexation of the Mobil property would complete annexation of all properties in this area.
FISCAL IMPACT:
Increased contribution to the City's annual property tax revenues.
ALTERNATIVES:
the resolution, leaving the subject parcel out of the ILf-.
,~~~ ct~/~~
City Manager's Signature
Devel
Assistant to City Manager
~
Planning and o' I ctor City Attorney I Finance
S:\Planning\SHARED\WP\PROJECT< Sarns Club PB Mernorial\ANEX 09-001 \Agenda !tern Request 7-21-09 - ILA for Sarn's-Re1ated Parcels,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
RESOLUTION NO. R09-
-,
,
-'
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5
6
7
8
9
10
] 1
]2
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE AN
AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BOYNTON BEACH AND
PALM BEACH COUNTY IN CONNECTION WITH THE
VOLUNTARY ANNEXATION OF THE PALM BEACH
MEMORIAL PARK AND SAM'S CLUB PROPERTIES;
AND PROVIDING AN EFFECTIVE DATE.
13
]4
]5 WHEREAS, on May 19, 2009, the City Commission adopted Resolution (jl)-()7:=;
] 6 which approved an Interlocal Agreement between the City of Boynton beach and Palm Beach
] 7 County regarding the City's plan to annex remaining parcels of land in connection with the
18 annexation of the Sam's Club and Palm Beach Memorial Park properties: and
]9 WHEREAS, County staff has notified the City of the County's desire to amend the
20 Interlocal Agreement to add the Mobil Oil Corporation property located on the southwest
21 corner of Hypoluxo Road and Seacrest Boulevard to the list of future annexations subject to
22 said agreement; and
23 WHEREAS, the City Commission of the City of Boynton Beach. upon
24 II recommendation of staff, deems it to be in the best interests of the residents and citizens of the
!
25 City of Boynton Beach to approve the amendment to the lnterlocal Agreement between the
26 City of Boynton Beach and Palm Beach County to document the City's plan to annex
27 remaining parcels of property near Sam's Club, including the Mobil Oil Corporation property.
28 in order for them not to become an unincorporated pocket.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OJ<'
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S.\CA\RESOci\gr"ements\lnterlocal~ILA With PHe Amendment ISams- ('emele" !\nnexall<l!1).dl'c
, I
I
I
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor to execute an amendment to the Interlocal Agreement
5 between the City of Boynton Beach and Palm Beach County to document the City's plan to
6 annex remaining parcels of property near Sam's Club, including the Mobil Oil Corporation
7 property, in order for them not to become an unincorporated pocket, a copy of said
8 amendment to Interlocal Agreement is attached hereto as Exhibit "A".
9
Section 3.
That this Resolution shall become effective immediately upon passage.
10
PASSED AND ADOPTED this _ day of July, 2009.
11
12
13
14
15 Mayor- Jerry Taylor
16
17
18 Vice Mayor- Woodrow L. Hay
19
CITY OF BOYNTON BEACH, FLORIDA
20
21 Commissioner - Ronald Weiland
22
23
24 Commissioner - Jose Rodriguez
25 ATTEST:
26
27 Commissioner - Marlene Ross
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34 (Corporate Seal)
35
S:\CA\RESOlAgreements-Interlocals.ILA with PBC Amendment (Sams- Cemetery Annexation).doc
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT IS made on this day 01-
, 2009 between the CITY OF BOYNTON BEACH, a Florida municipal
corporation located in Palm Beach County, Florida, hereinafter referred to as "City," and
PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "County", each entity constituting a "public agency" as defined in Part 1
Chapter 163, Florida Statutes and collectively referred to as the "parties" to this
agreement.
WHEREAS, Chapter 163, Part I, Florida Statutes (2008), known as the "Florida
Interlocal Cooperation Act of 1969" authorizes local governments to make the most
efficient use of their powers by enabling them to cooperate with other localities on a
basis of mutual advantage and thereby to provide services and facilities that will
harmonize geographic, economic, population and other factors influencing the needs
and development of local communities; and
WHEREAS, the "Florida Interlocal Cooperation Act of 1969" permits public
agencies as defined herein to enter into Interlocal Agreements with each other to jointly
exercise any power, privilege, or authority which such agencies share in common and
which each might exercise separately; and
WHEREAS, the County and the City have determined that it is appropriate and
will promote efficient provision of governmental services for the City to annex certain
parcels that are contiguous and in proximity to the City's municipal boundaries; and
WHEREAS, the City's Comprehensive Plan Policy 1.15.1 states that the City will
continue to promote the orderly annexation of lands consistent with Chapter 171, F.S_,
and the Palm Beach County Annexation Policy; and
WHEREAS, the City's Comprehensive Plan Policy 1.15.2 states that the City
shall utilize pre-annexation water service agreements as a method of annexation; and
WHEREAS, parcels identified to be annexed in this Interlocal Agreement are In
the City's Utility Service Area and are the subject of water service agreements that also
provide consent for voluntary annexation; and
Page 1 of 4
WHEREAS, the City is processing a voluntary annexation of 41.49 acres, located
to the south of the unincorporated properties identified in Exhibit A; and
WHEREAS, the City recognizes that service delivery problems will result due to
the annexation of these 41.49 acres if these parcels to the north of the annexation
remain unincorporated.
NOW, THEREFORE, in consideration of the mutual representations, terms and
covenants hereinafter set forth, the parties hereby agree as follows:
Section 1. Purpose
The Parties hereby agree that by October 1, 2009, the City of Boynton Beach will
process and adopt an ordinance or ordinances resulting in the voluntary annexation
throuQh previously siqned water service aqreements with voluntary annexation clauses
of the unincorporated parcels identified as A-1 in Exhibit "A" attached hereto and made
a part hereof, provided that the City boundary is contiguous to these parcels as of that
date. If the City boundary is not contiguous to these parcels by October 1, 2009, the
City shall adopt the voluntary annexation ordinance within 180 days of the effective date
of the City ordinance which makes the parcels identified as A-1 in Exhibit "A" contiguous
to the City.
Additionally. the Parties hereby aqree that the City of Boynton Beach will pursue
other annexation mechanisms available by Statutes to annex the parcel identified as A-
2 in Exhibit "A" attached hereto and made a part hereof, provided that the City boundary
is contiquous to this parcel.
Section 2. Definitions
"Agreement" means this Interlocal Agreement, including any amendments or
supplements hereto, executed and delivered in accordance with the terms hereof.
Section 3. Annexation
The unincorporated parcels identified as A-1 in Exhibit "A", which is attached
hereto and made a part hereof, will hereby be annexed into and will be included in the
corporate boundaries of the City prior to October 1, 2009, provided that the boundary is
contiguous to these parcels as of that date. If the City boundary is not contiguous by
Page 2 of 4
October 1, 2009, the City shall adopt the voluntary annexation ordinance within 180
days of the effective date of the City ordinance which makes the parcels identified as A-
1 in Exhibit "A" contiguous with the City. Additionally, the City of Boynton Beach will
pursue other annexation mechanisms to annex the unincorporated parcel identified as
A-2 in Exhibit "A", provided that the City boundary is contiquous to this parcel.
Section 4. Joint Effort
The preparation of this Agreement is considered a joint effort of the parties and,
accordingly, the Agreement shall not be construed more severely against one of the
parties than the other.
Section 5. Enforcement
This Agreement, shall be binding upon, and be enforceable by, the parties.
There are no third party beneficiaries to this agreement. This Agreement and all
transactions contemplated by this Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Florida. Venue of all proceedings
in connection herewith shall be exclusively in Palm Beach County, Florida. In the event
of litigation or administrative proceeding to settle issues arising, each party shall be
responsible for their own attorney's fees and costs.
Section 6. Effective Date
This Agreement shall take effect upon execution by both parties.
Section 7. Filinq
Upon execution by both parties, a copy of this Agreement shall be filed with the
Clerk of the Circuit Court in and for Palm Beach County.
Section 8. Captions
The captions and section designations herein set forth are for convenience only
and shall have no substantive meaning.
Page 3 of 4
Section 9. Severabilitv
In the event that any section, paragraph, sentence, clause, or provision hereof be
held by a court of competent jurisdiction to be invalid, such shall not affect the remaining
portions of this Agreement and the same shall remain in full force and effect.
Section 10. Entiretv of Aqreement
This Agreement represents the entire understanding between the parties, and
supersedes all other negotiations, representations, or agreement, either written or oral,
relating to this Agreement. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which shall constitute
one and the same instrument.
CITY OF BOYNTON BEACH,
a Florida Municipal Corporation
ATTEST:
Jerry Taylor, Mayor
Janet Prainito, City Clerk
(Seal)
Approved as to Form and Legal Sufficiency
City Attorney
ATTEST:
SHARON R. BOCK, Clerk &
Comptroller
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF COUNTY COMMISSIONERS
By:
Deputy Clerk
By:
John F. Koons, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Assistant County Attorney
T: \ Planning \lntergovernmental\Annexations \2009 Fiscal Year\ Interloeal\ Boynton _'nter'oea'-Sam '5 \Boynton _I LA _ 061009. doc
Page 4 of 4
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VI.-CONSENT AGENDA
ITEM C.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
:20 ~~
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting: Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16.2009 June 1, 2009 (Noon)
0 May 5, 2009 April 20. 2009 (Noon) 0 July 7. 2009 June 15,2009 (Noon)
0 May 19, 2009 May 4,2009 (Noon) r2J July 21, 2009 July 6. 2009 (Noon)
0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 Julv 20.2009 (Noon)
Announcements/Presentations
<:::)
:boo
:x-
C
RECOMMENDATION: Motion to adopt Resolution to declare and formally establish a certain public right-o~ay
as the missing connector roadway piece to N.W. 8th Court that has been in operation and use for decades. W
Le al
NATURE OF
AGENDA ITEM
o
o
o
o
o
Administrative
o
o
r2J
o
o
New Business
Unfinished Business
,Q
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EXPLANATION: When the subdivisions known as GLEN ARBOR and the first addition thereto, were being developed in
the late 1950s, the creation ofthe roadway known as N.W. 8th Court came into existence. An adjoining subdivision known as
GORDON PARK was next created in 1959, which also contained a roadway known as N.W. 8th Court (in a north-south
direction) terminating at the northwest comer of the plat. The apparent purpose was to connect it to the existing roadway
known as N.W. 8th Court created by the plats of GLEN ARBOR.
Although the physical roadway connection has existed for decades and the City has continuously maintained the roadway, a
roadway right-of-way legitimating it was never created as a "followed through" by city officials. Thus confusion to the
neighboring property owners has existed for a very long time.
PROGRAM IMPACT: The issue of the roadway link was brought to the city's attention by the Palm Beach County
Property Appraiser's Office several months ago in addressing property transfer in the area. Staff research revealed the above
Explanation.
FISCAL IMPACT: N/A
ALTERNATIVES: None.
j,,/' /, /(~ \. (
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City Attorney / Finance
Public Works / Engineering Division
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, DECLARING
AND FORMALL Y ESTABLISHING PURSUANT TO
SECTION 95.361(2), FLORIDA STATUTES, THAT
CERT AIN PUBLIC RIGHT OF WAY KNOWN AS THE
CONNECTOR ROADWAY PIECE TO NW 8TH COURT
HAS BEEN DEDICATED AND MAINTAINED FOR PUBLIC
USE BY THE CITY OF BOYNTON BEACH, FLORIDA AND
TITLE OF THE CONNECTOR ROADWAY PIECE TO N"i
8TH COURT HAS VESTED IN THE CITY OF BOYNTON
BEACH, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission for the City of Boynton Beach. Florida. has hcen
17
advised that a portion of a right of way known as the "Connector Roadway Piece to NW 8lh
18
Court" is not currently characterized as a public road:
19
WHEREAS, the Connector Roadway Piece to NW 8lh Court is depicted on the sketch
20
and legal description attached hereto as Exhibit A, as incorporated herein by reference:
21
WHEREAS, based upon information provided by City staff: the City Commission tinds
22
that the City has maintain the Connector Roadway Piece to NW 8lh Court continuously for at
23
least the immediate past seven (7) years. and the right of way depicted in Exhibit A has been
24
used by the public as a public street for at least seven (7) years:
I
25 I WHEREAS, pursuant to Section 95.361 (2). Florida Statutes. the City Commission of
26 I the City of Boynton Beach, Florida. dedares the Connector Roadway Picce '0 NW 8'" (OUr/l0
I
I
27 I be dedicated to the public. and the right of way depicted in Exhibit A shall be deemed a pubhc
28 I right of way upon the recording of this Resolution in the Public Records of Palm Beach Count:.
i I
29 II Florida; and
30 I! WHEREAS. the City Commission finds that the adoption of this Resolution b 111 the
i i
, I
31 II best interest of the health, safety. welfare of the citizens and residents of the City of Bc)\'nla!1
, ,
1 Beach, Florida.
2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
4
SECTION 1.
The foregoing "WHEREAS" clauses are hereby ratified and
5 confirmed as being true and correct and are hereby incorporated herein. All exhibits attached
6 hereto are hereby incorporated herein.
7
Section 2:
the City Commission of the City of Boynton Beach, Florida, declares the
8 Connector Roadway Piece to NW 8th Court to be dedicated to the public, and the right of way
9 depicted in Exhibit A shall be deemed a public right of way upon the recording of this Resolution in
10 the Public Records of Palm Beach County, Florida.
11
Section 3.
This Resolution shall become effective immediately upon its passage.
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PASSED AND ADOPTED this
day of July, 2009.
CITY OF BOYNTON BEACH
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
1 ArrEST:
2
3
4
5 Janet M. Prainito, CMC
6 City Clerk
7
8
9 (Corporate Seal)
10
11
12
1
2
3
4
5 EXHIBIT" A "
6 SKETCH AND LEGAL DESCRIPTION OF
7 CONNECTOR ROADWAY PIECE TO NW 8TH COURT
8
9 All of Lot 9, LESS the North 24.68 feet of said Lot 9, of GLEN ARBOR,
10 according to the Plat thereof, as recorded in Plat Book 25, Page 121 of the Public
11 Records of Palm Beach County, Florida (said parcel of land contains 3,938.1
12 square feet, more or less).
13
14 AND
15
16 BEGINNING at the Northeast comer of Lot 20, of ADDITION NO. 1 GLEN
1 7 ARBOR, according to the Plat thereof, as recording in Plat Book 25, Page 182 of
18 the Public Records of Palm Beach County, Florida; thence run SOlO 13' 00" W,
19 along the east line of said Lot 20, a distance of 49.78 feet to a point; thence run N
20 870 59' 43" W a distance of 44.09 feet to a angle point on the east right-of-way
21 line of N.W. 8th Court as shown on said plat of Addition No.1, Glen Arbor;
22 thence N 010 13' 00" E, along the east line of said N. W. 8th Court, a distance of
23 11.29 feet to a point; thence run N 630 33' 00" E, along the north line of said Lot
24 20, a distance to 49.78 feet to the POINT OF BEGINNING (said parcel of land
25 contains 1,020.6 square feet, more or less).
26
27
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31
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35
36
37
38
39
40
41
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DATE
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CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION
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VI.-CONSENT AGENDA
ITEM C.4.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Date Final Form Must be Date Final Fonn Must be
Meetinl! Dates in to City Clerk's Office Turned in to L~I Tumed in to Procurement
[J July 7, 2009 June 15, 2009 June 10, 2009 June 8, 2009
[81 July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
[J August 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009 "'"
....... ,..., "..
[J August 18, 2009 August 3, 2009 July 29, 2009 July 27,2009 \.0 ~1~
- :-:l;'"T'I
0 AnnouncementslPresentations 0 City Manager's Report r - .t$
,
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NATURE OF 0 Administrative 0 New Business N ,. '-<
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RECOMMENDATION: Approve a resolution to:
1. Accept EMS Grant C-70 awarded in a letter dated June 18, 2009 in the amount of $50,000 from Palm Beach County
Department of Public Safety, Division of Emergency Management to initiate a Gate Pre-emption Program for all
communities within the City of Boynton Beach that are equipped with electronic gates,
(b) Certify that monies from the Grant A ward will
1) Improve and expand pre-hospital services in the Fire Rescue Department's coverage area,
2) Not be used to supplant the Department's existing budget allocation, and
3) Meet the goals and objectives of the EMS County Grant Plan, and
(c) Recognize the additional funding source plus budget and appropriate an additional $50,000 for contractual services
in the City's Grants Fund for the Fire Rescue Department to expend the awarded grant funds.
EXPLANATION: This grant was requested by Boynton Beach Fire Rescue Department through the EMS Grant Program of
Palm Beach County. This is part of a continuing effort to reduce response times to all requests for emergency services within
the City of Boynton Beach. The concept of electronic gate pre-emption has been a goal of the Department for at least the past
5 years and this grant will allow that goal to be met without any hardware or installation cost to the citizens of those
communities that have electronic gate devices.
PROGRAM IMP ACT: Currently, anytime an emergency response crew encounters an electronic gate at the entrance to a
community, they must activate the gate to allow access through the use of a gate code or Knox Key system that require one of
the crew members to exit the vehicle, activate the key pad and then get back in the vehicle to continue the emergency
response. This causes a significant delay in the emergency response even when the gate code on record is accurate. The
installation and use of an automatic pre-emption device that is activated as the gate is approached will allow the emergency
response vehicle to enter the community without any delay in their response, resulting in a decrease in response time to all
emergencies within the conm1Ul1ity.
FISCAL IMPACT: The Department will use monies obtained from this grant to install automatic pre-emption devices on 16
response vehicles and the electronic gates of 61 gated communities within the City to allow for immediate entry into the
community by emergency response vehicles. This reimbursement grant will provide the funds, up to $50,000, to complete the
installation of the selected pre-emption device on at least one electronic gate for 61 gated communities within the City of
Boynton Beach.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
The Department received an initial quote of $789 per unit for the purchase and installation of the devices for the 61
communities for a total estimated cost of $48 J 29 leaving $ 1,87 1 to purchase and install the devices on the 16 response
vehicles.
ALTERNATIVES: To the extent additional funds are needed for all 16 response vehicles, two alternatives are available
1. Use other available funds in the Department's General Fund or Fire Assessment Fund budget or
2. Reduce the number of devices for the gated communities to less than 61 communities.
If the grant is not accepted, the Department would continue emergency responses to these communities with no gate pre-
emption system in place.
/1 ,/ ,....",.....,
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City Manager's Signature
A"i'tant to City M"'k _ J
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City Attorney! Finance
F ire Rescue
(~:~?L?S- .
StgnatuCe fot Pto,,,,ement - Fman"a1'S~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R 09-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE
5 PALM BEACH COUNTY EMERGENCY MEDICAL
6 SERVICE GRANT PROVIDING FOR THE INITIATION OF
7 A GATE PRE-EMPTION PROGRAM FOR ALL
8 COMMUNITIES WITHIN THE CITY OF BOYNTON
9 BEACH EQUIPPED WITH ELECTRONIC GATES; AND
10 PROVIDING AN EFFECTIVE DATE.
11
12
13 WHEREAS, the installation and use of an automatic pre-emotion device that is
14 activated as the gate is approached will allow emergency response vehicles to enter the
15 community without any delay in their response, resulting in a decreased response time to all
16 emergencies within the community; and
17 WHEREAS, the Palm Beach County Emergency Medical Services Division has made
18 these grant funds available for the purchase and installation of automatic pre-emption devices
19 on 16 response vehicles and the electronic gates of 61 gated communities within the City; and
20 WHEREAS, the City Commission upon recommendation of staff, recognizes that these
21 funds will be used to purchase and install automatic pre-emption devices on 16 response
22 vehicles and the electronic gates of 61 gated communities within the City.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25
Section 1.
The foregoing "WHEREAS" clauses are true and correct and hereby
26 ratified and confirmed by the City Commission.
27
Section 2.
The City Commission of the City of Boynton Beach hereby authorizes
28 and directs the City Manager to accept the Grant in the amount of $50,000.00, from the Palm
29 Beach County Emergency Medical Services to initiate a Gate Pre-emption Program for all
1 communities within the City of Boynton Beach that are equIpped \\ith ekctrl\l1Ic gate~
2
Section 3.
The City Commission certifies that the monies horn the Grant .\ ward
3 will:
4
Improve and expand pre-hospital services within the Fire Rescue Department' s
a.
5 coverage area;
6
Not be used to supplant the Department's existing budget allocation: and
b.
7
Meet the goals and objectives of the EMS County Grant Plan.
c.
8
Section 4.
This Resolution shall become effective immediately upon passage.
9
10
PASSED AND ADOPTED this _ day of July, 2009.
01 01
I I
CITY OF BO)l~TON BEACH. FLORIDA
12
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Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner.. Marlene Ross
ATTEST:
Janet M. Prainito. CMC
I City Clerk
,,~
,);:)
36 (Corporate Seal)
37 S\CA\RESO\AgreementSlGrants\BBFD - EMS Grant - Gate Pre-emption program. doc
II
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JUr~-23-2009 09: 40
Department of Public Safety
ivision of Emergency Management
20 S. Military Trail
West Palm Bc:ach, FL 33412
(561) 712-6400
Fax: (561) 712-6464
W$w.obcrov.com
.
Palm Beach County
Board of County
Commissioners
Jeff'Koons, Chainnan
B'- \.aronson, Vice Chairman
Karen T. Marcus
Shelly Vana
Sleven L. Abrams
Jess R. Santamarill
District 7
County Administrator
Robert Weisman
"An Equal Opportunity
alive Action Employer..
PBCTY EMER MGT COMt1S
P.02
June 18, 2009
09-ADM-17 -L
Deputy Chief Ray Carter
Boynton Beach Fire Rescue Dept.
100 East Boynton Beach Blvd.
Boynton Beach, Florida 33435
Deputy Chief Carter:
RE: EMS Grant C70
Your agency has been approved to receive an additional $16.000.00
from the EMS Grant Award Program to meet the total cost of $50,000.00
for your project: TRAK Gate Post Unit + Installation x 37 gates. Your
agency had already been approved to receive $34,000.00 towards the
project. Attached please find a copy of the project application and initial
award letter.
Please provide us with a letter of confirmation from your agency's
administrator concurring with the amount of the additional award amount,
activity and expenditure plans, and assurance that your agency will
comply with the state and county grant requirements, including reporting.
If you have not submitted a ReSOlution from your Governing Board, kindly
proceed to obtain same prior to making the purchase certrfying that
monies from the Grant Award will:
1) Improve and expand pre-hospital services in that coverage area;
2) Not be used to supplant existing provider's budget allocation;
3) Meets the goals and objectives of the EMS County Grant Plan.
Thank you for your cooperation.
Sincerely f
Charles Tear, Director
Division of Emergency Management
Ene.
Cc:
EMS Grant files
JUt j- 2~- .2[1[19 [1", : 41=1
fHpartment of Pub lie Safety
DIvision of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33415
(561) 712-6400
Fax: (561) 712-6464-
WWW.l)bclZOV.Com
.
Palm Beach County
Boord of COUDty
Commissioners
Jeff Koons, Chairman
Bun Aaronson, Vice Chair
Karen 1'. Marcus
Shelley Vana
Mary McCarty
Jess R. Santamaria
Addie L Greene
County Admlnlsrrator
Robert Weisman
"An Equal Opportunity
Affirmative Aerie", Emptayer"
F'Bcr: Ef'1EF' ['1':'- !JIV":':
December 17, 2008
DIR-025-08-L
Deputy Chief Ray Carter
Boynton Beach Fire Rescue
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Deputy Chief Car-..er.
RE: EMS Grant cao
This is to inform you your application request was approved. Your agency will
receive $34,000.00 from the EMS Grant Award Program. Please see the
attached information sent to the Board of County Commissioners regarding
this application.
The EMS Grant package was presented to and approved by the Soard of
Palm Beach County Commissioners at their December 16. 2008 meeting.
The EMS Grant package will now be forwarded to the State EMS Office for
their execution in early January 2009.
In the meantime, please provide us with a letter of confinnation from your
agency's administrator concurring with the amount of the award. activity and
expenditure plans, and assurance that your agency will comply with the state
and county grant requirements. including reporting. If you have not submitted
a Resolution from your Governing Board, kindly proceed to obtain same prior
to making the purchase certifying that monies from the Grant Award will:
1) Improve and expand pre-hospital services in that
coverage area;
2) Not be used to supplant existing provider's budget
allocation;
3) Meets the goals and objectives of the EMS County
Grant Plan.
Thank you for your cooperation.
I Sincerely,
I
" ./
L//
Charles E. Tear, Director
Division of Emergency Management
I Ene.
JUN-23-2009 09:40
PBCTY EMER MGT COMMS
P.04
DEPARTMENT OF PUBLIC SAFETY
DIVISION OF EMERGENCY 'MAN'AGEMENT
OFFICE OF EMERGENCY MEDICAL S~RVICES
PALM BEACH COUNTY EMS GRANT AWARD APPL!CATION
PRIMARY GRANT aEQUEST
Note: The total for all your primary requests must not be more than
$50,000.00.
1 . Organization: Boynton Beac;:h Fire Rescue
Authorized Official: Kurt Bressner
Alternate Official: Lori laVerriere
'I'i tle: City Manager
Title: Asst. City Manager
Mailing Address: 100 E Boynton Beach Blvd., Boynton Beach, FL 33435
!',
Telephone: 561.742.6000
FAX: 561.742.6334
2. Authorized Contact Person: Ray Carter
Title: Deputy Fire Chief
Mailing Address: 100 E Boynton Beach Blvd., Boynton Beach, FL 33435
Telephone: 561.742.6329
FAX: 561.742.6334
Incorporated Municipality
3.
Agency's Legal Status:
4. First Responders: Please attach a copy of your Memorandum of
Understanding (MOO) with a licensed provider. If you do not have a
MOU, attach documentation that you made reasonable efforts to get
one, that you cooperate with the provider, or that you requested
but did not r-ecei ve a response from the providers in your area.
N/A
5 . Your Federal Tax ID Number: VF 59 6000 282
6. Identify the EMS county p1an goals this project will accomplish in
whole or in part. A copy of the goals is attached to this
application.
~ 2A Systems Enhancement: Improve EMS response capabilities
and response times throuSJh the use of technology; including but
not limIted to such proJects as traffic pre"'emption devices,
Automatic Vehicle locators, etc.
7. Communications Projects: All grant applications which involve
communications equipment and/or services, in total or in part, will
be reviewed by the State of Florida Division of Information
Technology. FINAL APPROVAL lIroST BE OBTAINED PRIOR.. TO ANY PURCHASE
CObnaTMENT. copy of approval from the stat\"?_~7b,~:.-~~.l;.ted to
the County EMS Office with request for reimbufS:e~n~ ;~'L4.' . .
II ~ i) ~-=--~._.:'_._--",., -..
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JUt 4-:;:::3-2009 09: .c;C
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PRIMARY EMS GRANT AWARD APPLICATION
ORGANIZATION: Bovnton Beach Fire Rescue Department
8. Background: Describe your agency, its operations, and how it
rela.tes to other EMS agencies in your area. Also, provide a
description of your major resources including the number of
employees, vehicles, and equipment.
~ Boynton Beach Fire Rescue (BBFRD) is a modern, comprehensive
and progressive full-service fire rescue department offering Fire
Suppression, Emergency Medical Services, Fire &. Life Safety,
Special Operations and Public Education to all residents and
visitors of the City of Boynton Beach.
? BBFRD also provides contracted fire and EMS services to
neighboring municipalities including the Town of HVpoluxo, Ocean
Ridge, Briny Breezes, and the Village of Golf.
~ Department personnel and apparatus currently respond to over
11,000 emergencies per year--a volume that is expected to
increase substantially in step with the City's significant growth in
development and inherent population over the next 3-5 years.
With the reality of this growth comes the strain of keeping
response times as low as is both humanlv and technologically
pOSSible.
~ BBFRD deploys 5 frontline ALS transport vehicles and 5 ALS non-
transport units, keeping an extra 2 of each in additional reserves.
Each unit is staffed with a company officer and two firefighters.
BBFRD has a total of 123 operational shift personnel of which
940/0 are state paramedic certified. BBFRD operates from 4 fire
stations, with a 5th station currently under construction.
JUN-23-2009 09:41
PBCTY EMER MGT COMMS
P.06
9. Grant History: Briefly describe your current and previous grant
awards for the past three years. Explain how this application does
not conflict or duplicate them.
)> 2007-08 Dive Rescue Team Kawasaki Jet Ski
~ 2006-07 Ford 150 4x4 Pickup Truck for Boynton Beach Ocean
Rescue
~ 2005-06 AU Terrain Ambulance to enhance EMS response at
Oceanfront Park.
)> 2005-06 Community Emergency Response Team (CERT) funding
for 2 classes and 2 disaster drills.
This application does not conflict with nor duplicate any previous
grant award due to the technological purpose of the equipment.
Gate pre-emption technology will enhance 8BFRD's response time
capabilities to get the above~referenced equipment and BBFRD
personnel on-scene faster, saving lives and proper1:y through the use
of this specific tec:hnologv_
i
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JLir j-2:::-2009 r1C; : ...;
FIBCT'l' ::l'1EF' r'E;-;- i :CP"'1[.1-
PRIMARY EMS GRANT AWARD APPLICATION
ORGANIZATION: Boynton Beach Fire Rescue Department
10. Project Need Statement~
write a clear, concise statement describing the need (5) addressed
by this project. This must include: 1) numeric data; 2) time
frame for the data; 3) source of the data, and; 4) the involved
target population and geographic area.
The City of Boynton 'Beach has a growing population of 67[000
residents over an IS-square mile area with further growth included
among Boynton Beach Fire Rescue's (BBFRD) contract areas of the
Town of Hypoluxor Ocean Ridge, Brinv Breezes and the Village of Golf.
According to its official State of the Department Report, Boynton Beach
Fire Rescue responded to 11,647 emergencies in 2007, with an average
response time (min.) of 4:35 across four operational fire stations with 5
ALS transport-capable rescue units and 5 ALS-capable fire engines,
plus Special Operations and 2 Command Units. The city's growth rate is
expected to remain steady at 110/0 over the next five years (City of
Boynton Beach, Florida 2008 Statistical and Incidental Facts and Data, City
Manager Kurt Bressner) meaning more gated communitiesf more
residents and more emergency calls. The fire-rescue department's
structural growth rate is expected to stop in June of 2009 with the
completion of Fire Station #5. Only required minimum staffing and
fleet management will add to BBFRD's growth, at a pace far behind the
110/0 growth rate of the city.
In order to maintain and/or improve the current level of service and
response times that Boynton Beach residents, visitors and elected
officials demand, BBFRD must install gate pre-emption technology
across all 41 gated communities within its jurisdiction. This technology
is expected to decrease response times by eliminating the current
problems inherent to the gate-code and Knox box systems which we
must depend on (i.e. the incessant code changes made by
uncooperative homeowners associations and property managers, and
the lack of uniformity of Knox box 4ocations in (or not within) proximity
to the actual gate}. These problems increase response times that
would otherwise be in step with BBFRD's average response time. These
problems have also led to damage to apparatus with gates closing
before the Knox key can be removed in such a way as to allow
personnel to safety drive through the gate in time; and the pre-emption
technology will provide unIformity in our response capabilities to all of
the 41 gated communities within the City of Boynton Beach.
JUN-23-2009 09:41
PECTY EMER MGT COMMS
P.08
~l. Project Outcome Statement:
wri te a concise quantifiable statement p.escribiog the degree to
which the need (s) will be changed by the proj ect. This must.
contain the same four characteristics as the need statement and
indicate the evaluation methods used to measure the efficiency
and/or effectiveness of. the project's outcome.
Once the gate pre-emS)tion technology is installed and applied, it is
expected that Boynton Beach Fire Rescue's average response time will
go down city-wide below the current average of 4:35 (mins.)
collectively dependent. upon the condition (open/closed) of eaCh
gate on each call upon arrival of the unites). All gate code access
number IHOA problems will be eliminated, all Knox key problems will be
minimized to secondary backup status, if not eliminated almost
entirely. There are a total of 41 gates to be outfitted within the
jurisdictional boundaries of BBFRD.
The outcome of this project will be indirectlv measurable through any
relative change in response times citywide. All things equal{ a drop in
average response time will prove the effectiveness of thiS prOJect.
While this project will only provide for gate pre-emption to 41 total.
gates, that number is based on one main gate access point per gated
community. The project may be expanded in the future to include
additional gates in any or all gated communities within jurisdiction of
BBFRD. AlSo, as communities continue to be built in Boynton Beach,
further expansion of the program will become necessary. While the
city's jurisdiction may not increase in size without further annexation,
the number of gated communities will increase over time and the
population will continue to grow creating the need to further deploy
technology that will aid in the maintenance of,. and continued reduction
in response times. In addition, this project will also provide fast access
to law enforcement, were they to install the TRAK Vehicle Mounted pre-
emption units in their fleet at some point in the future. As Boynton
Beach continues to grow, all agencies operating under this municipality
will need to keep pace with that growth in order to maintain current
levels of service.
The City of Boynton Beach has a growing population of 67,000
residents over an IS-square mile area with further growth included
among Boynton Beach Fire Rescue's (BBFRD) contract areas of the
Town of Hypoluxo, Ocean Ridge, Briny Breezes and the Village of Golf.
According to its official State of the Department Report, Boynton Beach
Fire Rescue responded to 11,647 emergencies in 2007, with an average
response time (min.) of 4:35 across four operational fire stations with 5
ALS transport-capaole rescue units and 5 ALS-capable fire engines,
plus Special Operations and 2 Command Units. The city's growth rate is
expected to remain steady at 110/0 over the next ffve years (City of
Boynton Beach, Florida 2008 Statistical and Incidental Facts and Data, City
Manager Kurt Bressner) meaning more gated communities, more
residents and more emergency calls. The fire-rescue department's
structural growth rate is expected to stop in June of 2009 with the
completion of Fire Station #5. OnlX required minimum staffing and
fleet management will add to BBFRD s growth, at a pace far behind the
11 % growth rate of the city.
JUi ~-2~-2009 0;: ...j!
F'BCT ' EI'EF' ":1-'1 ~1'11"~
PRIMARY EMS GRANT AWARD APPLICATION
ORGANIZATION: Boynton Beach Fire Rescue Depa~ent
12. Major Activities and Time Frames:
If gran~ is awarded, you must follow your schedule. If, for some
reason, the schedule cannot be followed, please advise the EMS
Office of the activity change.
Please indicate time frame. as lll"t quarter, 2nd quarter, 3rd quarter, 4 t.h
quarter and fill in the year.
First Quarter
Second Quarter
Third Quarter
Fourth Quarter
~ October 1 through December 31
= January 1 through Ma~ch 31
~ April 1 through June 30
= July 1 through September 30
Activity
Time Frames
Obtain Quotes on Equipment and Installation Timeframe.....................15t Quarter
Design selected system equipment to 8BFRD specifications.................2.nd Quarter
Establish agenda item &. execute commission approval........................2"d Quarter
Obtain purchase order............... ......,...................... ...... .....11............. ,,.,... ..... ......2nd Quarter
Take receipt of gate pre-emption equipment.........................n..............3rd Quarter
Notify all gated community assoclationsjproperty................................3rd Quarter
managers of installation schedule
Begin Installation project through to completion...................................4th Quarter
JUN-23-2009 09:41
PBCTY EMER MGT COMMS
P.10
?RIMARY EMS GRANT AWARD APPL:I:CATION
ORGANIZATION: Boynton Beach Fire Rescue Departa:nent
13. Budget:
The applicant must submit a written price quote for each line item.
For equipment include, the cost per item, quantity, and cite vendor
information. For each type of position, include the pay per hour,
number of hours, and cost of each benefit. For expenses, include
unit costs (if rental, give the cost per square foot).
Items/Quantities and positions/FTEs
Cost Per Unit
Total
TRAK Engineering, Inc. Automatic Gate Post Authorizers
TRAK Gate Post Unit + Installation x 37 Gates
$1,200.00
$44,400.00
TRAK Vehicle Mounted Unit + InstaUation x 16 units:
$ 350.00
$ 5..600.00
$50,000.00
TOTAL COST
"'NOTE: This graltt request budget reflects only 37 of the total 41 gates to be outfitted
.Juring this project, In order not to exceed the grant request cap of $50,000.00. It should be
noted that the City of Boynton Beach may, or may not, provide the remaining funds
($4,800.00) necessary to complete the project in its entirety.
**NOTE; TRAK Engineering, Inc. is the sole vendor providing all fleet tracking of fuel
consumption, hours and mileage of all vehicles currently used by the City of Boynton Beach
in its daily operations.
JUi ,- .:2:3- 21]03 09: --+ 1
PECTI' EI'lEr: "1;:::''1 '...ClI'l!':
PRIMARY EMS GRANT AWARD APPLICATION
ORGANIZATION:
BovntDn Beach Fire Rescue Deoa,rtment
14. Medical Directorl S Approvals: These are required for all proj ects
which involve professional education, medical equipment, or both.
(1 )
Professional Education: All continuing education described in
this application Wi~ll be d veloped and conducted with my input
and approval. ,
Medical Director, . ~ L~ 11 / 9/ oP
Sl.gn e Date
Jd" vre-fA ScJ.f:ffb /P(!J
Printed Name:
(2 )
Medical E~i~ent; I hereby affirm my authority and
responsibilJ.ty for the use of all medical equipment in this
. . ......
proJec~. ~~~
Medical Director: ,.!C~~
&'1ke-d-, Sc.J..~~ ~D
~!2
~/9/6~
Date
printed Name:
15.
Resolution: A resolution from the Governing Board(s) ,i.e.
Commission, Town Council, Board of Directors I etc. is required
the Grant is awarded and before the purchase of any items.
resolution will certify that monies from the EMS County Grant
will:
City
once
This
Award
(1) Improve and ex."Pand pre-hospital services In that: ::::overage
area.
(2 ) will not be used to supplant existing provider's budget
allocation.
(3 ) Meets the goals and objectives of the EMS County Grant Plan.
16. certification:
II the undersigned official of the previously named entity, certify
that to the best of my knowledge and belief, all information
contained in this application and its attachments are true and
correct.
I understand my signature acknowledges that I will comply fully
with the State Bureau of Emergency Medical Services' and Palm Beach
County's Rules and Regulations governing the administration of the
state of Florida Emerqencv fedical SeLvices Grant Proqram roc
COW'lties. - A -
Printed Name
s~
KuIZ.,-75IZG.s.sN~
KURT BRESSNER
CITY MANAGER
"-~-oO
Date
(!/TY /f'ANA4-~~
Authorized Official:
Title
JUN-23-2009 09:40
PBCTY EMER MGT COMMS
P.01
.,:'"0..
, ,
..-
Palm Beach County
Division of Emergency Management
20 S. Military Trail
West Palm Beach, FL 33415
Fax
To:
Fax:
Phone:
Mike Landress
742.6346
From: Lynette SchUTter
Fax: 561-712-6467
Phone: 561-712-6696
Date: 6/23/09
Subject: EMS Grant C70
Pages: 11
(.(((
\~
VI.-CONSENT AGENDA
ITEM C.5.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15, 2009 June 10, 2009 June 8, 2009
181 July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009
0 August 18,2009 August 3, 2009 July 29, 2009 July 27,2009
... .' -..
''l,."J --~.. <
0 Announcements/Presentations 0 City Manager's Report -'i
c_ - --
, ,-.<
0 Administrative 0 New Business ,e=: C) -"
NATURE OF ~ -
AGENDA ITEM I ;-'1 ,J
181 0 :;,
Consent Agenda Legal C7'"\ _~c ., -~
0 0 r:
Code Compliance & Legal Settlements Unfinished Business J (,') -1
....~...... ::J
0 Public Hearing 0 c,. ;;;:
rn ..,.,
n
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RECOMMENDATION: <..J Plt:;
Motion to approve via Resolution and authorize the City Manager to sign Task Order no.U09-7-:r
with Erdman, Anthony and Associates, Inc., for a "not-to-exceed" amount of $743,145 for design,
bidding, and construction management services on Section B of the Wellfield Interconnection
pipeline. Also requested in this motion is an owner's contingency of 5%, in the amount of $37,157,
to allow for changes in scope or unforeseen conditions; bringing the total approval to $780,302.
EXPLANATION:
The Wellfield Interconnection pipeline is one of the Department's most critical projects, for it will
link the west wellfield, and the east wellfield, allowing water to be pumped from the more plentiful
supply in the west to supplement the supply in the east, and fully utilize the existing treatment
capacity at the East Water Treatment Plant. The Interconnection pipeline has been divided into
three sections (A, B and C) to allow for concurrent design, bidding and construction of the
pipeline, and its associated facilities. Those associated facilities include an ion exchange pre-
treatment unit and transfer pumping station (already under preliminary design), and
improvements to the East Water Treatment Plant.
The pipeline to be designed under this task order will be 36-inches in diameter. Section B will
extend along Woolbright Road, from Military Trail to Congress Ave., a distance of approximately
11,000 linear feet (2.08 miles).
The selected pipeline route has been based upon an analysis conducted for two potential routings,
one along Woolbright Road, and the other along Golf Road. The Woolbright Road route was
given the highest and best score of the two, based upon nine factors. The selected route is also the
shorter of the two. A map showing both of the routes that were reviewed is illustrated on page 1
of the task order.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
.Cf(..."..........
i ..
, '
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
This project, and its associated projects, will allow the City to fully utilize existing capacity at the
East Water Treatment Plant, and produce water at a lower cost than could be done at the West
Water Treatment Plant.
FISCAL IMPACT:
Funding for this project, in the amount of $780,302 is currently available in the Utilities Capital
Facilities account (404-5000-590-96-01 (WTR 136). This account will be the primary source for
funding the design and construction of the entire project. The estimated construction cost for this
section of the project is approximately $4.3 million.
AL TERNA TIVES:
This project was developed based upon the findings of the Utilities Department Business Case
Evaluation, which was presented by Brown and Caldwell in February 2007, and also the Water
Supply Plan Facilities Work Plan of April 2008. The Department's Water Use Permit application
to the South Florida Water Management District is based upon both of those studies, and to
deviate from their recommendations would negatively impact the City's ability to meet future
demands. There~ re, a, reasonable alternative does not exist at this time.
/// J c:-::::;-
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. 'J pa_/rt../m,~. -.. &._._.., .' ..~.. ?c:ty'i.a:~g;,:,'~;;;;~~l
-.-' -------- C - . Assistant to City Manager_~
..----
~~~ ~Attomey~-
XC: Peter Mazzella (wi copy of attaclunent) ;J--
Barbara Conboy "
Michael Low
Chris Roschek, P.E.
File
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
!'
1 RESOLUTION NO. R09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AUTHORIZING EXECUTION OF
5 T ASK ORDER NO. U09-7-04 WITH ERDMAN,
6 ANTHONY AND ASSOCIATES, INC., FOR DESIGN,
7 BIDDING AND CONSTRUCTION MANAGEMENT
8 SERVICES ON SECTION B OF THE WELLFIELD
9 INTERCONNECTION PIPELINE IN AN AMOUNT
10 NOT TO EXCEED $743,145.00 WITH A 5% OWNER'S
11 CONTINGENCY OF $37,157.00 TO ALLOW FOR
12 CHANGES IN SCOPE OR UNFORESEEN
13 CONDITIONS FOR A TOTAL BUDGET
14 APPROPRIATION OF $780,302.00; AND PROVIDING
15 AN EFFECTIVE DATE.
16
17
18 WHEREAS, the Wellfield Interconnection pipeline is one of the Department's most
19 critical projects, that will link the west wellfield and the east wellfield, allowing water to be
20 pumped from the more plentiful supply in the west to supplement the supply in the east and
21 fully utilize the existing treatment capacity at the East Water Treatment Plant; and
22 WHEREAS, The Interconnection pipeline has been divided into Sections A, Band
23 C to allow for concurrent design, bidding and construction of the pipeline and its associated
24 facilities; and
25 WHEREAS, the City Commission of the City of Boynton Beach upon
26 recommendation of staff, deems it to be in the best interest of the citizens of the City of
27 Boynton Beach to authorize execution of Task Order U09-7-04 with Erdman, Anthony and
28 Associates, Inc., for professional engineering services for Section B of the Raw Water Main
29 Interconnect project.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S\CA\RESO\Agreements\Task - Change OrderslErdman Anthony-Task Order U09-7-04.doc
12
13
14
15
16
17
18
19
201
21
22 I
23 I
24
25
26
271'1
28 I
2911
30 II
31 I
321
33
34
35
36/
,
Section I,
The foregoing "\\/hereas" clauses are hereby ratltied and conti1l11LI,i j.
2 being true and correct and are hereby made a specific part of this Resolution upon adOplHJ]l
3 hereof.
4
Section 2,
The City Commission of the City of Boynton Beach. Florida does
5 hereby authorize and direct the approval and execution of Task Order lJ09-7 -04 \\ith
6 Erdman. Anthony and Associates. Inc,. for design, bidding and construction management
7 services in Section B if the Wellfield Interconnection pipeline in an amount not to exceed
8 $743.145,00 along with a 5% owner's contingency of $37.157.00 for a total budget
9 appropriation of $780.302,00, a copy of which is attached hereto as Exhibit .'A",
10
Section 3.
This Resolution shall become etfective immediately upon passage
11
PASSED AND ADOPTED this
day of July. 2009.
CITY OF BOYNTON BEACH. FLORIDA
Mayor Jerry Tavlor
Vice Mayor- Woodrow L. Hay
Commissioner-- Ronald Weiland
Commissioner ~ Jose Rodriguez
Commissioner ~ Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S\CA\RESO\Agreements\Task - Change Orders\Erdman Anlhony~fasl\ Order U09-i' 04 doc
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Task Order No. U09-7-4
Raw Water Main Interconnect - Section B
A. Background
The City of Boynton Beach (CITY) has excess capacity to treat raw water at its East
Water Treatment Plant (EWTP); however the raw water must be pre-treated and then
conveyed to the East Water Treatment plan from the well fields near the West Water
Treatment Plant (WWTP). Therefore, the CITY desires to interconnect their two water
treatment plants to convey average day flows to the EWTP of 16 mgd and future flows
of 20 mgd.
The CITY plans to design and construct this raw water main in four sections:
1. Section A - From the WWTP to Military Trail and south to Woolbright Road.
2. Section B - From Military Trail east to Congress Ave along Woolbright Road
3. Section C - From Congress Ave to 1-95 along Woolbright Road
4. Existing Facilities - Under 1-95 to the EWTP along Seacrest
A 36-inch ductile iron pipe (DIP) will be used for all open cuts whereas a 3D-inch double
barrel high density polyethylene (HOPE) raw water main will be needed for directional
drill locations.
Erdman Anthony (CONSULTANT) has recently completed a Technical Memorandum
which discusses the preferred route for the Section B raw water main. Consequently,
the CITY has requested that CONSULTANT provide this fee proposal to prepare design
drawings and technical specifications for the raw water interconnect for Section B. This
proposal also consists of permitting and bid phases and construction phase services
described herein.
Section B consists of approximately 11,000 If of raw water main. Two other consultants
will be addressing the final design, permitting, and bid phase services for Sections A
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
and C as part of the overall program effort. Engineering Services and Resident Project
Representative Services during construction are outlined in this proposal for Section B.
B. Scope of Services
1.0 Project Management
1 .1 Manaoement
Project Management activities comprise contract administration, coordination of
project staff, monitoring of progress and project costs, monthly reporting of
project progress to the CITY, and maintaining a project Quality Management
System during the project. These activities occur from project inception to
closeout of overall project tasks.
1.2 Proiect Meetinos
CONSULTANT will attend meetings with representatives of the CITY as part of
this project, as follows:
a. Project kick-off
b. Design progress / review meetings at the 60% and 90% completion
milestones
1.3 Quality Assurance/ Quality Control
As part of CONSULTANT's compliance with ISO 9001 certifications and QA/QC
engineering practices, we will be conducting internal value engineering and
QA/QC technical reviews at the 60%, and 90% completion milestones for the
project to enhance value to the CITY. Results will be incorporated into the
deliverables.
2.0 Engineering Design Services
2.1 Field Work
To assist in Final Design under Task 2.2, CONSULTANT will perform the
following field activities:
2. 1. 1. Geotechnical services:
· advance up to 11 borings to a depth of 10 feet each to obtain soil properties
(approximately every 1000 If along the raw water main route) in the areas of
open cut,
· perform up to 20 borings to a depth of 15 feet each in areas of each
directional bore. Note that the proposed directional bores for this Section B
are to deflect the water main under existing drainage pipes.
· laboratory testing of each boring to determine corrosive properties at
representative locations
2
r ASK ORDER NO.3 - Raw Water Main Interconnect - Section B
. measurement and recording groundwater levels at each boring location
. preparation of a geotechnical report which will describe the work performed
and include boring logs
2. 1.2. Easement identification services:
. Assist the CITY in discussions with up to two adjoining property owners
regarding the potential to obtain a utility easement along the roadway for the
purpose of installing the proposed raw water main. This effort will include
researching the affected property owner, contacting that property owner to
request a meeting to describe the project, the request for an easement, the
process, a proposed cost, and legal documents for an easement should the
property owner be amenable. It is noted that easements are not required for
the project; therefore, the easements will only be pursued if the property
owners are cooperative and timely.
. Preparation of sketch and legal descriptions for easements, if needed will be
an Additional Service. The scope and extent of the sketch and legal
description will be dependant on the size and shape of the proposed
easement.
. Provide title research regarding easements of record for specific areas as
defined by the CITY and designer. Up to xx properties may be researched.
2.1.3. Surveying services:
. Research existing plats and right of way maps to use as base maps for the
proposed project.
. Provide a topographic survey of the project corridor, which is defined as an
area 75' in width with ending limits as defined in Section B above. This
corridor width is intended to generally encompass V2 of the adjoining road
right of way and extend approximately 15' beyond the road right of way.
. services as defined by the Florida Administrative Code Chapter 61 G17-6.004
survey type "(12) Topographic Survey" which will include roadway right of
way, property lines and easements within the project area as shown from filed
plats.
. generate a 1 "=30' scale topographic map of the project area (both in CADD
and a signed and sealed copy), including all visible improvements within the
project corridor.
. locate all visible utilities and measure invert elevations of storm and sanitary
sewer structures within the project corridor. Overhead utility lines will be
shown upon the map.
. surveyor to coordinate with Sunshine One and have all utilities within the
project corridor identified. These utilities are to be shown on the survey map.
. locate landscaped areas and trees within the project corridor.
2.1.4. Vacuum extraction (soft dig) - for those areas of concern for anticipated
underground utility issues:
. provide up to 20 soft dig utility locations in up to two mobilizations.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.2 60% and 90% Final Desion Drawinos and Technical Specifications
CONSULTANT will provide raw water main plan drawings of the project area
using the survey information obtained from field investigations. CONSULTANT
will utilize CITY of Boynton Beach Utilities design and construction standard
details, FOOT standard details, or PBC standard details where applicable in the
preparation of the documents required for this project. Contract Documents will
be in sufficient detail to enable the contractor to make an informed bid and carry
out the construction work as contemplated.
Design milestones are defined as follows:
· 60% Design Documents - Contract Drawings Plan, Raw Water System
Details, Technical Specifications
· 90% Design Documents - incorporation of 60% comments, Contract
Drawings Profile, Technical Specifications
The following is the anticipated drawing list for the project (assuming a total of
10,300 If of raw water main in Section B):
Sheet No. Description
1 Cover Sheet (Title and Vicinity Map)
2 Kev Map
3 General Notes and Abbreviations
4-17 Raw Water Main plan and profile
18-21 Standard Details
22-23 Project Details
24-27 Maintenance of Traffic
CONSULTANT will prepare technical specifications, using City of Boynton Beach
standard technical specifications (January 2009 version). Otherwise standard
CSI format technical specifications necessary for the project and proven
CONSULTANT standard details will be used to supplement what is needed.
These specifications will be based on standard terms commonly used in
construction contracts and will be edited to suit the project.
2.2.1 Enoineer's Estimate
At the 60% and 90% completion milestones, CONSULTANT will prepare
an engineer's estimate of probable construction cost. The cost estimated
will be subdivided into separate items as much as practical.
2.2.2 Schedule of Bid Items
At the 60% and 90% completion milestones, CONSULTANT will prepare
the schedule of bid items.
4
TASK ORDER NO.3. Raw Water Main Interconnect - Section B
2.2.3 Deliverables
CONSULTANT will provide the CITY three sets of deliverables (Contract
Documents) for each milestone in hard copy. CONSULTANT will provide
four sets of Bid Documents to the CITY in hard copy and electronic format
(.pdf, .doc, and ,dwg files) at the 100% milestone.
2.3 Traffic Control Plans
The CONSULTANT shall design a Traffic Control Plan to move vehicular and
pedestrian traffic during all phases of construction. The design shall include
construction phasing of ingress and egress to existing property owners and
businesses, routing, signing and pavement markings, and detour quantity
tabulations, roadway pavement, drainage structures, ditches, front slopes, back
slopes, drop offs within clear zone, and traffic monitoring sites.
It is assumed that standard FDOT details will be applicable and that each plan
sheet will not need to be recreated in the Tep set. Although the County
indicated that they would perform the lane closure analyses necessary for the
permit for this project, it is assumed that one lane closure analysis will be
prepared by the consultant.
The Traffic Control Plan shall be prepared by a certified designer who has
completed training as required by the Florida Department of Transportation
(FDOT). Before proceeding with the Traffic Control Plan, the CONSULTANT
shall meet with Palm Beach County Traffic Division personnel to coordinate the
proposed Traffic Control Plan. Proposed road closings must be reviewed and
approved by the County. Diligence shall be used to minimize negative impacts by
appropriate specifications, recommendations or plans development such as the
use of materials such as sheet piling in the analysis.
Local impacts to consider will be local events, holidays, peak seasons, and peak
hours. It is assumed that an alternate detour route will not be needed.
2.4 Bridae Desian
The CONSULTANT shall design a utility bridge to carry the new waterline located
in the median area of Woolbright Street over Golf Street. The design shall be in
conformance with AASHTO 4\ Edition and any FDOT modifications. It is
anticipated that the existing concrete abutments supporting the roadway bridge
will also be capable of supporting the additional surcharge of waterline and utility
bridge. Penetrations will be required in each abutment backwall for the waterline
It is also anticipated that there will be minor modifications to the existing
abutment beam seat for the purposes of supporting the utility bridge. Sufficient
design details will be presented on construction plans and specifications will be
prepared and for bidding contractors. Construction estimate of this work will also
be prepared by the CONSULTANT.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.5 Permittinq Activities
Permitting activities with the following agencies are anticipated:
a. Palm Beach County Department of Health (PBC) permit for constructing a
water main
b. Palm Beach County Land Development and Roadway Divisions (PSC) for
route, MOT, and restoration approval
Permitting activities will include the following efforts:
a. Preparation of permit application forms for CITY signature and supporting
documentation. Two copies of the final permitting packages (plus the number
of agency required copies) will be submitted with the 90% plans for submittal
to the PSCHD by the CITY.
b. CONSULTANT will prepare responses for up to two (2) Requests for
Additional Information (RAI) made by regulatory agencies following submittal
of the permit applications. Responses required by additional agency requests
for additional information will be considered an Additional Services item.
CONSULTANT shall incorporate permit agency comments into the 100
percent plans set.
c. Up to two meetings with each regulatory agency is anticipated. Additional
meetings will be considered an Additional Services item.
CONSULTANT will prepare the appropriate permit applications during the 90%
design stage. CONSULTANT will respond to up to two RFls per permit but
would answer more if required. A reasonable level of effort has been assumed in
obtaining permits.
The Contractor will be responsible for obtaining PBC ROW permits as necessary.
Preparation of applications for other permits for the above agencies or for other
regulatory agencies beyond that specified above will be considered an Additional
Services item. Such additional permits not included in this scope of work may
include, but not be limited to, wetland dredge and fill permits, right-of-way
construction permits, Asbestos Handling/Disposal notification permits,
Archeological/Historical preservation permits, endangered species permits, and
tree removal permits. If any de-watering permits are necessary to conduct the
work, their acquisition will be the responsibility of the Contractor.
3.0 Bidding Services
In this subtask, CONSULTANT will provide engineering services during the
bidding and award of the project for one bid package. In accordance with the
CITY's Standard Procedures and Functions for Consultants, Procurement
Services, and Project Management Team, the following tasks are anticipated:
1. Bid advertisement to be posted by the CITY
6
TASK ORDER NO.3. Raw Water Main Interconnect - Section B
2. Provide four sets of Bid Documents to the CITY in hard copy and
electronic format (.pdf, .doc, and .dwg files) for the CITY and
DemandStar's use
3. Issue project documents to three plan review rooms selected by the CITY
4. Distribute project documents and collect payment from potential
contractors
5. Maintain a planholders list
6. Provide one Addendum, if required, to CITY Procurement
7. Conduct and minute a pre-bid conference
8. Respond to prospective bidders' written inquiries
9. Attend bid opening.
10. Tabulate bids
11. Assist the CITY in evaluation of bids by reviewing the bid tabulations with
respect to the engineers estimate, calling up to 3 references for up to 3
bidders as requested by the CITY and providing the CITY with a memo of
our findings including a recommendation to CITY regarding award of bid.
4.0 Construction Services
CONSULTANT will provide construction services outlined below for the duration of the
project through Final Completion. Services are described as follows:
4.1 Manaqement
Project Management activities comprise contract administration, coordination of
project staff, monitoring of progress and project costs, and maintaining a project
Quality Management System during the construction services phase of the
project.
4.2 Technical Services
4.2.1 Preconstruction Meeting
CONSULTANT will conduct the preconstruction meeting between the
CITY and project representatives to assist in explaining construction
administration procedures.
4.2.2 Conformed Documents
CONSULTANT shall provide for Conformed Documents and provide up to
five sets to the Contractor for permitting.
4.2.3 Construction Management
CONSULTANT will provide for a part-time construction manager for the
duration of the project (estimated at 48 weeks of construction plus 8
weeks of non-construction related activities for a total duration of 56
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
weeks) who will provide administrative control and be the focal point
between the contractor and engineer. The duties to be performed by the
CM shall consist of:
· conduct and minute bi-weekly construction progress meetings
. monitor and track contractor submittals
. monitor contractor schedule compliance
. monitor and track project testing requirements
· with CITY assistance, address construction related issues with
respect to the general public Negotiate required Field Change
Directives
· Review and approve monthly applications for payment by the
contractor
4.2.4 RPR Services
CONSULTANT shall employ a Resident Project Representative (RPR) to
be on site for the construction duration for work identified under this scope
of work (40 hours per week). For estimating purposes the duration is
projected to be 48 weeks of actual construction activities. The duties to be
performed by the RPR shall consist of:
· observation of construction activities and review of workmanship,
· monitoring the progress of construction and compliance with the
intent of design, and
. maintain logs of construction activity,
. develop weekly reports,
· attend weekly progress meetings with contractor,
· assist in reviewing pay estimates, review record drawings,
. review and assist in negotiating change orders.
The RPR will also be available for the two weeks of preconstruction
activities and two weeks for final completion (20 hours per week average)
As a part of this effort, the RPR will provide daily construction
observations at key points during project construction to confirm that the
construction is in general conformance with the plans and specifications.
4.2.5 Engineering Services
The CONSULTANT design engineer will provide limited inspections at key
points during project construction to certify our portion of the work.
8
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
4.3 Contractor Submittals
CONSULTANT's review of required Contractor submittals will consist of the
following activities:
1. Review shop drawings submitted by the Contractor to determine general
conformance to the design concept and the project manual. CONSULTANT
will provide a review and submit comments regarding acceptance status for
each set submitted.
2. Review Contractor pay requests on a monthly basis and provide written
recommendations.
3. CONSULTANT will respond to requests for information (RFI) by the
Contractor. It is reasonable to expect one RFI every other week during
construction. CONSULTANT will prepare up to two supplementary drawings
to resolve actual field conditions encountered.
4.4 Proposed Chanqe Orders
As budgeted, CONSULTANT will review up to four change orders submitted by
the Contractor. Review will address conformance to original design concepts
and cost-effectiveness. CONSULTANT will evaluate requested price changes
and time extensions for proposed change orders and make recommendations in
writing.
4.5 Substantial Completion/Final Acceptance
Key members of CONSULTANT's team will conduct a final inspection for the
work with project representatives and the Contractor and provide written
recommendations in the form of a punch list for acceptance of the work.
4.6 Record Drawinqs and Certification Submittals
CONSULTANT will review the signed and sealed record drawings showing
changes made during construction provided by the contractor, as required in the
contract specifications, depicting any significant deviations and changes in the
Contract Drawings. The record drawings deliverable to CITY will consist of:
. three sets of signed and sealed drawings
. copy of drawings on CD-ROM
It is assumed that all required testing will be by the contractor and results will be
provided to CONSULTANT.
CONSULTANT will provide for Certification of Completion of Construction forms
and submit them to the PSC Health Department for final clearance.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
Project Team
The project team will consist of CONSULTANT as the lead consultant. This team will be led by
Ms. Dana Gillette, PE. The following subcontractor(s) will be used as part of this effort:
. Dunkelberger Engineering (geotechnical)
. George F Young (soft dig)
. Spencer Title Services (easement research)
Deliverables and Payment Schedule
Task Deliverable Estimated Payment Schedule
Task 1. Project Monthly progress reports, % complete (estimated to be 1/12
Management Meeting minutes each month)
Task 2. Design Geotechnical engineering Lump sum upon submittal
report
Task 2. Design Survey % complete not to exceed 90%
invoiced prior to submittal with full
lump sum upon final submittal
Task 2. Design 60% Plans % complete not to exceed 60%
invoiced prior to submittal
Task 2. Design 90% Plans % complete not to exceed 90%
invoiced prior to submittal
Task 2. Design 100% Plans Lump sum upon submittal
Task 3. Bidding Bid documents, % complete not to exceed 90%
Bid tabulation and invoiced prior to final submittal with
recommendation full lump sum upon final submittal
Task 4. Construction Construction document periodic payments based upon time
Phase Services reviews (shop drawings, RFI and expenses, not to exceed the
responses, CO upper limit specified in the task order
recommendations, Pay ap
recommendations, etc.)
c. Assumptions
1. Field verification of existing utilities will be limited to those affecting the project.
2. Any additional easements or rights-of-way required will be obtained by the CITY at
no cost to CONSULTANT.
3. Hydraulic modeling of the raw water system in the project area will not be
conducted.
10
TASK ORDER NO.3. Raw Water Main Interconnect -- Section B
4. The design drawings will be based on plan scale 1" = 30' horizontal, 1 = 4' vertical on Palm
Beach County property appraiser aerial photos on 24"x36" paper for construction with
reduced prints for construction on 11 "x17" paper (therefore a 22"x34" sheet border will be
used).
5. All permitting fees under this scope of work will be paid by the CITY.
6. Front end documents will be provided by the CITY for use in the Bid Documents.
7. The Contract Documents will be prepared as a single package.
8. A single bidding effort is assumed.
9. Conformed Contract Document set incorporating revisions identified during the bid phase
will be provided as part of Engineering Services During Construction.
1 O. It is assumed that there are no contaminated soils, endangered species or habitat,
archeological artifacts, or other sensitive environmental issues to be avoided during the
design.
11 . The CITY will provide Autocadd standards that will be followed regarding sheet
borders, fonts, layer names, etc.
12. Attendance at public meetings or hearings associated with public involvement or
with permits applied for in support of the project is not included.
13. The design is to be based on the local codes and standards in effect at the
beginning of the project. Revisions required for compliance with any subsequent
changes to those regulations is considered an Additional Services item.
14. Survey efforts will be required outside of the road right of way onto private property
The CITY is responsible to notify the affective property owners and obtain
permission prior to the commencement of the survey mobilization.
15. Monumentation of the right of way is not included
Construction Services:
1. For estimating purposes the duration is projected to be 365 calendar days after the
Contractor 'Notice to Proceed' date which includes 48 weeks of actual construction
activities. This proposal includes funding of a RPR for 40 hours per week during the
duration of construction plus a total of 80 hours for the two weeks of preconstruction
activities and two weeks for final completion (20 hours per week average).
2. Work hours for the contractor will be an average of 40 hours per week, Monday through
Friday. Additional hours worked (evenings or weekends) requiring presence of the Resident
Project Representative (RPR) will be compensated with overtime rates.
3. The CITY will enter an agreement with the selected contractor.
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
between the City of Boynton Beach and Crossroads Engineering & Surveying
(Resolution 03-182), assigned to Erdman Anthony of Florida, Inc. on June 15, 2004
(Resolution R04-089) and extended by the City Commission on February 21,2006
(Resolution R06-050) and extended a second time by the City Commission on February
19, 2008 (Resolution R08-027).
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
E. Additional Services
The following are examples of some specific Additional Services Items that may be
required, but are not included within this Task Order. Generally, a condition contrary to
the work description herein (upon which the design fee is based) is considered an
Additional Services item. Examples include:
1. Development of property descriptions of easements, road right-of-ways, etc.
Preparation of right-of-way or easement boundary surveys.
2. Threatened or endangered species and species of special concern permitting or
relocation work.
3. Archeological/Historical preservation permits, studies, or reports.
4. Analysis of additional corridors.
5. Dewatering plans or permits.
These and other services can be provided, if desired by the CITY, under separate Task
Order(s) or by an amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
F. Obligations of the City
1. The CITY shall provide CONSULTANT in a timely manner, all requested and
available record data and information related to the project as necessary for the
performance of the services specified herein.
2. The CITY shall review all documents presented by CONSULTANT; obtain advice of
an attorney, insurance counselor, and other as CITY deems appropriate for such
review and render decisions pertaining thereto within reasonable time so as not to
delay the services of CONSULTANT.
_12
TASK ORDER NO. :J - Raw Water Main Interconnect - Section B
G. Compensation
CONSULTANT proposes to perform tasks outlined below and as further described in
Attachment A. As provided for in the Agreement, compensation for the services
provided shall be due and payable monthly in proportion to the percentage of the work
estimated by CONSULTANT to be completed at the time of billing for lump sum tasks.
Time and material, where applicable, not to exceed will be billed monthly under the
agreed billing rates. Expenses will be invoiced at the actual amount that the
CONSULTANT paid plus 10%.
Task Number Description I Amount Basis of Payment
Task 1 Project management $24,600 Lump sum
$272,255 ---.
Task 2 Design and construction documents Lump sum
$10,080 _.-..
Task 3 Assistance with BiddinQ Lump sum
Task 4 Assistance during construction $425,210 1
Time and materials i
N/A Expenses $11,000 Estimated amount j
Total $743,145 -1
~- - __.'" '___'m'_'~_____________________ L
H. Project Schedule
The CONSULTANT will commence design and permitting services upon receipt of
written authorization and will complete all work associated with this Task Order in
accordance with the attached schedule shown on Exhibit B.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
day of
,2009.
DATED this
CITY OF BOYNTON BEACH
ERDMAN ANTHONY
Kurt Bressner, City Manager
Attest! Authenticated:
Attest! Authenticated:
City Clerk
""bvc L. {L 114': t~
berly Heath, ecretary
Approved as to Form:
(Corporate Seal)
Office of the City Attorney
K:\B usiness- Develupment\Proposals\Boynton Beach\2 Year gen.consult.contract\lnterconnect\ScopeDesignB idConst.doc
14
Task Order No. U09-7-4
Raw Water Main Interconnect - Section B
A. Background
The City of Boynton Beach (CITY) has excess capacity to treat raw water at its East
Water Treatment Plant (EWTP); however the raw water must be pre-treated and then
conveyed to the East Water Treatment plan from the well fields near the West Water
Treatment Plant (WWTP). Therefore, the CITY desires to interconnect their two water
treatment plants to convey average day flows to the EWTP of 16 mgd and future flows
of 20 mgd.
The CITY plans to design and construct this raw water main in four sections:
1. Section A - From the WWTP to Military Trail and south to Woolbright Road.
2. Section B - From Military Trail east to Congress Ave along Woolbright Road
3. Section C - From Congress Ave to 1-95 along Woolbright Road
4. Existing Facilities - Under 1-95 to the EWTP along Seacrest
A 36-inch ductile iron pipe (DIP) will be used for all open cuts whereas a 3~-inch double
barrel high density polyethylene (HOPE) raw water main will be needed for directional
drill locations.
Erdman Anthony (CONSULTANT) has recently completed a Technical Memorandum
which discusses the preferred route for the Section B raw water main. Consequently,
the CITY has requested that CONSULTANT provide this fee proposal to prepare design
drawings and technical specifications for the raw water interconnect for Section B. This
proposal also consists of permitting and bid phases and construction phase services
described herein.
Section B consists of approximately 11,000 If of raw water main. Two other consultants
will be addressing the final design, permitting, and bid phase services for Sections A
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
and C as part of the overall program effort. Engineering Services and Resident Project
Representative Services during construction are outlined in this proposal for Section B.
B. Scope of Services
1.0 Project Management
1 .1 Manaqement
Project Management activities comprise contract administration, coordination of
project staff, monitoring of progress and project costs, monthly reporting of
project progress to the CITY, and maintaining a project Quality Management
System during the project. These activities occur from project inception to
closeout of overall project tasks.
1.2 Proiect Meetinqs
CONSULTANT will attend meetings with representatives of the CITY as part of
this project, as follows:
a. Project kick-off
b. Design progress / review meetings at the 60% and 90% completion
milestones
1 .3 Qualitv Assurance/ Qualitv Control
As part of CONSULTANT's compliance with ISO 9001 certifications and QA/QC
engineering practices, we will be conducting internal value engineering and
QA/QC technical reviews at the 60%, and 90% completion milestones for the
project to enhance value to the CITY. Results will be incorporated into the
deliverables.
2.0 Engineering Design Services
2.1 Field Work
To assist in Final Design under Task 2.2, CONSULTANT will perform the
following field activities:
2. 1. 1. Geotechnical services:
. advance up to 11 borings to a depth of 10 feet each to obtain soil properties
(approximately every 1000 If along the raw water main route) in the areas of
open cut,
· perform up to 20 borings to a depth of 15 feet each in areas of each
directional bore. Note that the proposed directional bores for this Section B
are to deflect the water main under existing drainage pipes.
· laboratory testing of each boring to determine corrosive properties at
representative locations
2
TASK ORDER NO.3 - Raw Water Main Interconnect -- Section 13
· measurement and recording groundwater levels at each boring location
. preparation of a geotechnical report which will describe the work performed
and include boring logs
2. 1.2. Easement identification services:
· Assist the CITY in discussions with up to two adjoining property owners
regarding the potential to obtain a utility easement along the roadway for the
purpose of installing the proposed raw water main. This effort will include
researching the affected property owner, contacting that property owner to
request a meeting to describe the project, the request for an easement, the
process, a proposed cost, and legal documents for an easement should the
property owner be amenable. It is noted that easements are not required for
the project; therefore, the easements will only be pursued if the property
owners are cooperative and timely.
· Preparation of sketch and legal desGriptions for easements, if needed will be
an Additional Service. The scope and extent of the sketch and legal
description will be dependant on the size and shape of the proposed
easement.
· Provide title research regarding easements of record for specific areas as
defined by the CITY and designer. Up to xx properties may be researched.
2. 1.3. Surveying services:
· Research existing plats and right of way maps to use as base maps for the
proposed project.
· Provide a topographic survey of the project corridor, which is defined as an
area 75' in width with ending limits as defined in Section B above. This
corridor width is intended to generally encompass 112 of the adjoining road
right of way and extend approximately 15' beyond the road right of way.
· services as defined by the Florida Administrative Code Chapter 61 G 17 -6.004
survey type "(12) Topographic Survey" which will include roadway right of
way, property lines and easements within the project area as shown from filed
plats.
· generate a 1 "=30' scale topographic map of the project area (both in CADD
and a signed and sealed copy), including all visible improvements within the
project corridor.
· locate all visible utilities and measure invert elevations of storm and sanitary
sewer structures within the project corridor. Overhead utility lines will be
shown upon the map.
· surveyor to coordinate with Sunshine One and have all utilities within the
project corridor identified. These utilities are to be shown on the survey map.
· locate landscaped areas and trees within the project corridor.
2. 1.4. Vacuum extraction (soft dig) - for those areas of concern for anticipated
underground utility issues:
· provide up to 20 soft dig utility locations in up to two mobilizations.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.2 60% and 90% Final Desian Drawinas and Technical Specifications
CONSULTANT will provide raw water main plan drawings of the project area
using the survey information obtained from field investigations. CONSULTANT
will utilize CITY of Boynton Beach Utilities design and construction standard
details, FOOT standard details, or PBC standard details where applicable in the
preparation of the documents required for this project. Contract Documents will
be in sufficient detail to enable the contractor to make an informed bid and carry
out the construction work as contemplated.
Design milestones are defined as follows:
. 60% Design Documents - Contract Drawings Plan, Raw Water System
Details, Technical Specifications
. 90% Design Documents - incorporation of 60% comments, Contract
Drawings Profile, Technical Specifications
The following is the anticipated drawing list for the project (assuming a total of
10,300 If of raw water main in Section B):
Sheet No. Description
1 Cover Sheet (Title and Vicinity Map)
2 Key Map
3 General Notes and Abbreviations
4-17 Raw Water Main plan and profile
18-21 Standard Details
22-23 Project Details
24-27 Maintenance of Traffic
CONSULTANT will prepare technical specifications, using City of Boynton Beach
standard technical specifications (January 2009 version). Otherwise standard
CSI format technical specifications necessary for the project and proven
CONSULTANT standard details will be used to supplement what is needed.
These specifications will be based on standard terms commonly used in
construction contracts and will be edited to suit the project.
2.2.1 Enaineer's Estimate
At the 60% and 90% completion milestones, CONSULTANT will prepare
an engineer's estimate of probable construction cost. The cost estimated
will be subdivided into separate items as much as practical.
2.2.2 Schedule of Bid Items
At the 60% and 90% completion milestones, CONSULTANT will prepare
the schedule of bid items.
4
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.2.3 Deliverables
CONSULTANT will provide the CITY three sets of deliverables (Contract
Documents) for each milestone in hard copy. CONSULTANT will provide
four sets of Bid Documents to the CITY in hard copy and electronic format
(.pdf, .doc, and ,dwg files) at the 100% milestone.
2.3 Traffic Control Plans
The CONSULTANT shall design a Traffic Control Plan to move vehicular and
pedestrian traffic during all phases of construction. The design shall include
construction phasing of ingress and egress to existing property owners and
businesses, routing, signing and pavement markings, and detour quantity
tabulations, roadway pavement, drainage structures, ditches, front slopes, back
slopes, drop offs within clear zone, and traffic monitoring sites.
It is assumed that standard FDOT details will be applicable and that each plan
sheet will not need to be recreated in the TCP set. Although the County
indicated that they would perform the lane closure analyses necessary for the
permit for this project, it is assumed that one lane closure analysis will be
prepared by the consultant.
The Traffic Control Plan shall be prepared by a certified designer who has
completed training as required by the Florida Department of Transportation
(FDOT). Before proceeding with the Traffic Control Plan, the CONSULTANT
shall meet with Palm Beach County Traffic Division personnel to coordinate the
proposed Traffic Control Plan. Proposed road closings must be reviewed and
approved by the County. Diligence shall be used to minimize negative impacts by
appropriate specifications, recommendations or plans development such as the
use of materials such as sheet piling in the analysis.
Local impacts to consider will be local events, holidays, peak seasons, and peak
hours. It is assumed that an alternate detour route will not be needed.
2.4 Bridqe Desiqn
The CONSULTANT shall design a utility bridge to carry the new waterline located
in the median area of Woolbri~ht Street over Golf Street. The design shall be in
conformance with AASHTO 4t Edition and any FDOT modifications. It is
anticipated that the existing concrete abutments supporting the roadway bridge
will also be capable of supporting the additional surcharge of waterline and utility
bridge. Penetrations will be required in each abutment backwall for the waterline
It is also anticipated that there will be minor modifications to the existing
abutment beam seat for the purposes of supporting the utility bridge. Sufficient
design details will be presented on construction plans and specifications will be
prepared and for bidding contractors. Construction estimate of this work will also
be prepared by the CONSULTANT.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.5 PermittinQ Activities
Permitting activities with the following agencies are anticipated:
a. Palm Beach County Department of Health (PBC) permit for constructing a
water main
b. Palm Beach County Land Development and Roadway Divisions (PBC) for
route, MOT, and restoration approval
Permitting activities will include the following efforts:
a. Preparation of permit application forms for CITY signature and supporting
documentation. Two copies of the final permitting packages (plus the number
of agency required copies) will be submitted with the 90% plans for submittal
to the PBCHD by the CITY.
b. CONSULTANT will prepare responses for up to two (2) Requests for
Additional Information (RAI) made by regulatory agencies following submittal
of the permit applications. Responses required by additional agency requests
for additional information will be considered an Additional Services item.
CONSULTANT shall incorporate permit agency comments into the 100
percent plans set.
c. Up to two meetings with each regulatory agency is anticipated. Additional
meetings will be considered an Additional Services item.
CONSULTANT will prepare the appropriate permit applications during the 90%
design stage. CONSULTANT will respond to up to two RFls per permit but
would answer more if required. A reasonable level of effort has been assumed in
obtaining permits.
The Contractor will be responsible for obtaining PBC ROW permits as necessary.
Preparation of applications for other permits for the above agencies or for other
regulatory agencies beyond that specified above will be considered an Additional
Services item. Such additional permits not included in this scope of work may
include, but not be limited to, wetland dredge and fill permits, right-of-way
construction permits, Asbestos Handling/Disposal notification permits,
Archeological/Historical preservation permits, endangered species permits, and
tree removal permits. If any de-watering permits are necessary to conduct the
work, their acquisition will be the responsibility of the Contractor.
3.0 Bidding Services
In this subtask, CONSULTANT will provide engineering services during the
bidding and award of the project for one bid package. In accordance with the
CITY's Standard Procedures and Functions for Consultants, Procurement
Services, and Project Management Team, the following tasks are anticipated:
1 . Bid advertisement to be posted by the CITY
6
TASK ORDER NO 3 - Raw Water Main Interconnect Section 8
2. Provide four sets of Bid Documents to the CITY in hard copy and
electronic format (.pdf, .doc, and .dwg files) for the CITY and
DemandStar's use
3. Issue project documents to three plan review rooms selected by the CITY
4. Distribute project documents and collect payment from potential
contractors
5. Maintain a planholders list
6. Provide one Addendum, if required, to CITY Procurement
7. Conduct and minute a pre-bid conference
8. Respond to prospective bidders' written inquiries
9. Attend bid opening.
10. Tabulate bids
11. Assist the CITY in evaluation of bids by reviewing the bid tabulations with
respect to the engineers estimate, calling up to 3 references for up to 3
bidders as requested by the CITY and providing the CITY with a memo of
our findings including a recommendation to CITY regarding award of bid.
4.0 Construction Services
CONSULTANT will provide construction services outlined below for the duration of the
project through Final Completion. Services are described as follows:
4.1 Manaqement
Project Management activities comprise contract administration, coordination of
project staff, monitoring of progress and project costs, and maintaining a project
Quality Management System during the construction services phase of the
project.
4.2 Technical Services
4.2.1 Preconstruction Meeting
CONSULTANT will conduct the preconstruction meeting between the
CITY and project representatives to assist in explaining construction
administration procedures.
4.2.2 Conformed Documents
CONSULTANT shall provide for Conformed Documents and provide up to
five sets to the Contractor for permitting.
4.2.3 Construction Management
CONSULTANT will provide for a part-time construction manager for the
duration of the project (estimated at 48 weeks of construction plus 8
weeks of non-construction related activities for a total duration of 56
TASK ORDER NO.3. Raw Water Main Interconnect - Section B
weeks) who will provide administrative control and be the focal point
between the contractor and engineer. The duties to be performed by the
CM shall consist of:
. conduct and minute bi-weekly construction progress meetings
. monitor and track contractor submittals
. monitor contractor schedule compliance
. monitor and track project testing requirements
· with CITY assistance, address construction related issues with
respect to the general public Negotiate required Field Change
Directives
· Review and approve monthly applications for payment by the
contractor
4.2.4 RPR Services
CONSULTANT shall employ a Resident Project Representative (RPR) to
be on site for the construction duration for work identified under this scope
of work (40 hours per week). For estimating purposes the duration is
projected to be 48 weeks of actual construction activities. The duties to be
performed by the RPR shall consist of:
· observation of construction activities and review of workmanship,
· monitoring the progress of construction and compliance with the
intent of design, and
. maintain logs of construction activity,
· develop weekly reports,
· attend weekly progress meetings with contractor,
· assist in reviewing pay estimates, review record drawings,
. review and assist in negotiating change orders.
The RPR will also be available for the two weeks of preconstruction
activities and two weeks for final completion (20 hours per week average)
As a part of this effort, the RPR will provide daily construction
observations at key points during project construction to confirm that the
construction is in general conformance with the plans and specifications.
4.2.5 Engineering Services
The CONSULTANT design engineer will provide limited inspections at key
points during project construction to certify our portion of the work.
8
TASK ORDER NO.3 - Raw Water Main Interconnect- Section B
4.3 Contractor Submittals
CONSULTANT's review of required Contractor submittals will consist of the
following activities:
1. Review shop drawings submitted by the Contractor to determine general
conformance to the design concept and the project manual. CONSULTANT
will provide a review and submit comments regarding acceptance status for
each set submitted.
2. Review Contractor pay requests on a monthly basis and provide written
recommendations.
3. CONSULTANT will respond to requests for information (RFI) by the
Contractor. It is reasonable to expect one RFI every other week during
construction. CONSULTANT will prepare up to two supplementary drawings
to resolve actual field conditions encountered.
4.4 Proposed Chanqe Orders
As budgeted, CONSULTANT will review up to four change orders subrnitted by
the Contractor. Review will address conformance to original design concepts
and cost-effectiveness. CONSULTANT will evaluate requested price changes
and time extensions for proposed change orders and make recommendations in
writing.
4.5 Substantial Completion/Final Acceptance
Key members of CONSULTANT's team will conduct a final inspection for the
work with project representatives and the Contractor and provide written
recommendations in the form of a punch list for acceptance of the work.
4.6 Record Drawinqs and Certification Submittals
CONSULTANT will review the signed and sealed record drawings showing
changes made during construction provided by the contractor, as required in the
contract specifications, depicting any significant deviations and changes in the
Contract Drawings. The record drawings deliverable to CITY will consist of:
. three sets of signed and sealed drawings
· copy of drawings on CD-ROM
It is assumed that all required testing will be by the contractor and results will be
provided to CONSULTANT.
CONSULTANT will provide for Certification of Completion of Construction forms
and submit them to the PSC Health Department for final clearance.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
Project Team
The project team will consist of CONSULTANT as the lead consultant. This team will be led by
Ms. Dana Gillette, PE. The following subcontractor(s) will be used as part of this effort:
. Dunkelberger Engineering (geotechnical)
. George F Young (soft dig)
. Spencer Title Services (easement research)
Deliverables and Payment Schedule
Task Deliverable Estimated Payment Schedule
Task 1. Project Monthly progress reports, % complete (estimated to be 1/12
Management Meeting minutes each month)
Task 2. Design Geotechnical engineering Lump sum upon submittal
report
Task 2. Design Survey % complete not to exceed 90%
invoiced prior to submittal with full
lump sum upon final submittal
Task 2. Design 60% Plans % complete not to exceed 60%
invoiced prior to submittal
Task 2. Design 90% Plans % complete not to exceed 90%
invoiced prior to submittal
Task 2. Design 100% Plans Lump sum upon submittal
Task 3. Bidding Bid documents, % complete not to exceed 90%
Bid tabulation and invoiced prior to final submittal with
recommendation full lump sum upon final submittal
Task 4. Construction Construction document periodic payments based upon time
Phase Services reviews (shop drawings, RFI and expenses, not to exceed the
responses, CO upper limit specified in the task order
recommendations, Pay ap
recommendations, etc.)
C. Assumptions
1. Field verification of existing utilities will be limited to those affecting the project.
2. Any additional easements or rights-ot-way required will be obtained by the CITY at
no cost to CONSULTANT.
3. Hydraulic modeling ot the raw water system in the project area will not be
conducted.
10
T ASK ORDER NO.3 - Raw Water Main Interconnect ~. Section B
4. The design drawings will be based on plan scale 1 "= 30' horizontal, 1 "= 4' vertical on Palm
Beach County property appraiser aerial photos on 24"x36" paper for construction with
reduced prints for construction on 11 "x17" paper (therefore a 22"x34" sheet border will be
used).
5. All permitting fees under this scope of work will be paid by the CITY
6. Front end documents will be provided by the CITY for use in the Bid Documents.
7. The Contract Documents will be prepared as a single package.
8. A single bidding effort is assumed.
9. Conformed Contract Document set incorporating revisions identified during the bid phase
will be provided as part of Engineering Services During Construction.
1 O. It is assumed that there are no contaminated soils, endangered species or habitat,
archeological artifacts, or other sensitive environmental issues to be avoided during the
design.
11. The CITY will provide Autocadd standards that will be followed regarding sheet
borders, fonts, layer names, etc.
12. Attendance at public meetings or hearings associated with public involvement or
with permits applied for in support of the project is not included.
13. The design is to be based on the local codes and standards in effect at the
beginning of the project. Revisions required for compliance with any subsequent
changes to those regulations is considered an Additional Services item.
14. Survey efforts will be required outside of the road right of way onto private property.
The CITY is responsible to notify the affective property owners and obtain
permission prior to the commencement of the survey mobilization.
15. Monumentation of the right of way is not included
Construction Services:
1. For estimating purposes the duration is projected to be 365 calendar days after the
Contractor 'Notice to Proceed' date which includes 48 weeks of actual construction
activities. This proposal includes funding of a RPR for 40 hours per week during the
duration of construction plus a total of 80 hours for the two weeks of preconstruction
activities and two weeks for final completion (20 hours per week average).
2. Work hours for the contractor will be an average of 40 hours per week, Monday through
Friday. Additional hours worked (evenings or weekends) requiring presence of the Resident
Project Representative (RPR) will be compensated with overtime rates.
3. The CITY will enter an agreement with the selected contractor.
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
between the City of Boynton Beach and Crossroads Engineering & Surveying
(Resolution 03-182), assigned to Erdman Anthony of Florida, Inc. on June 15, 2004
(Resolution R04-089) and extended by the City Commission on February 21,2006
(Resolution R06-050) and extended a second time by the City Commission on February'
19, 2008 (Resolution R08-027).
l. ~
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
E. Additional Services
The following are examples of some specific Additional Services Items that may be
required, but are not included within this Task Order. Generally, a condition contrary to
the work description herein (upon which the design fee is based) is considered an
Additional Services item. Examples include:
1. Development of property descriptions of easements, road right-of-ways, etc.
Preparation of right-of-way or easement boundary surveys.
2. Threatened or endangered species and species of special concern permitting or
relocation work.
3. Archeological/Historical preservation permits, studies, or reports.
4. Analysis of additional corridors.
5. Dewatering plans or permits.
These and other services can be provided, if desired by the CITY, under separate Task
Order(s) or by an amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
F. Obligations of the City
1. The CITY shall provide CONSULTANT in a timely manner, all requested and
available record data and information related to the project as necessary for the
performance of the services specified herein.
2. The CITY shall review all documents presented by CONSULTANT; obtain advice of
an attorney, insurance counselor, and other as CITY deems appropriate for such
review and render decisions pertaining thereto within reasonable time so as not to
delay the services of CONSULTANT.
12
T ASK ORDER NO.3. Raw Water Main Interconnect - Seclion B
G. Compensation
CONSULTANT proposes to perform tasks outlined below and as further described in
Attachment A. As provided for in the Agreement, compensation for the services
provided shall be due and payable monthly in proportion to the percentage of the work
estimated by CONSULTANT to be completed at the time of billing for lump sum tasks.
Time and material, where applicable, not to exceed will be billed monthly under the
agreed billing rates. Expenses will be invoiced at the actual amount that the
CONSULTANT paid plus 10%.
..
Task Number Description Amount Basis of Payment
. .
Task 1 Project management $24,600 Lump sum
Task 2 Design and construction documents $272,255 Lump sum
.--...-- .
Task 3 Assistance with Bidding $10,080 Lump sum
Task 4 Assistance during construction $425,210 Time and materials 1
N/A Expenses $11,000 Estimated amount '
Total $743,145 ,
" ------,,"--_._-- ... .",," -.---- - -.. --- .--.---..
H. Project Schedule
The CONSULTANT will commence design and permitting services upon receipt of
written authorization and will complete all work associated with this Task Order in
accordance with the attached schedule shown on Exhibit B.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
day of
,2009.
DATED this
CITY OF BOYNTON BEACH
ERDMAN ANTHONY
Kurt Bressner, City Manager
Attest! Authenticated:
Attest! Authenticated:
~,~
City Clerk
Approved as to Form:
(Corporate Seal)
Office of the City Attorney
K :\B us iness- Deve lopmen t\Proposals \B oynton Beach \2 Year gen.cons u I t .contract\lnterconnect\ScopeDes i gn B idCons t.doc
14
Task Order No. U09-7-4
Raw Water Main Interconnect - Section B
A. Background
The City of Boynton Beach (CITY) has excess capacity to treat raw water at its East
Water Treatment Plant (EWTP); however the raw water must be pre-treated and then
conveyed to the East Water Treatment plan from the well fields near the West Water
Treatment Plant (WWTP). Therefore, the CITY desires to interconnect their two water
treatment plants to convey average day flows to the EWTP of 16 mgd and future flows
of 20 mgd.
The CITY plans to design and construct this raw water main in four sections:
1. Section A - From the WWTP to Military Trail and south to Woolbright Road.
2. Section B - From Military Trail east to Congress Ave along Woolbright Road
3. Section C - From Congress Ave to 1-95 along Woolbright Road
4. Existing Facilities - Under 1-95 to the EWTP along Seacrest
A 36-inch ductile iron pipe (DIP) will be used for all open cuts whereas a 3~-inch double
barrel high density polyethylene (HOPE) raw water main will be needed for directional
drill locations.
Erdman Anthony (CONSULTANT) has recently completed a Technical Memorandum
which discusses the preferred route for the Section B raw water main. Consequently,
the CITY has requested that CONSULTANT provide this fee proposal to prepare design
drawings and technical specifications for the raw water interconnect for Section B. This
proposal also consists of permitting and bid phases and construction phase services
described herein.
Section B consists of approximately 11,000 If of raw water main. Two other consultants
will be addressing the final design, permitting, and bid phase services for Sections A
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
and C as part of the overall program effort. Engineering Services and Resident Project
Representative Services during construction are outlined in this proposal for Section B.
B. Scope of Services
1.0 Project Management
1 .1 Manaoement
Project Management activities comprise contract administration, coordination of
project staff, monitoring of progress and project costs, monthly reporting of
project progress to the CITY, and maintaining a project Quality Management
System during the project. These activities occur from project inception to
closeout of overall project tasks.
1 .2 Proiect Meetinos
CONSULTANT will attend meetings with representatives of the CITY as part of
this project, as follows:
a. Project kick-off
b. Design progress / review meetings at the 60% and 90% completion
milestones
1 .3 Qualitv Assurance/ Qualitv Control
As part of CONSULTANT's compliance with ISO 9001 certifications and QA/QC
engineering practices, we will be conducting internal value engineering and
QA/QC technical reviews at the 60%, and 90% completion milestones for the
project to enhance value to the CITY. Results will be incorporated into the
deliverables.
2.0 Engineering Design Services
2.1 Field Work
To assist in Final Design under Task 2.2, CONSULTANT will perform the
following field activities:
2. 1. 1. Geotechnical services:
· advance up to 11 borings to a depth of 10 feet each to obtain soil properties
(approximately every 1000 If along the raw water main route) in the areas of
open cut,
· perform up to 20 borings to a depth of 15 feet each in areas of each
directional bore. Note that the proposed directional bores for this Section B
are to deflect the water main under existing drainage pipes.
· laboratory testing of each boring to determine corrosive properties at
representative locations
2
TASK ORDER NO, 3 ' Raw Water Main Interconnect - Section li
. measurement and recording groundwater levels at each boring location
. preparation of a geotechnical report which will describe the work performed
and include boring logs
2. 1.2. Easement identification services:
. Assist the CITY in discussions with up to two adjoining property owners
regarding the potential to obtain a utility easement along the roadway for the
purpose of installing the proposed raw water main. This effort will include
researching the affected property owner, contacting that property owner to
request a meeting to describe the project, the request for an easement, the
process, a proposed cost, and legal documents for an easement should the
property owner be amenable. It is noted that easements are not required for
the project; therefore, the easements will only be pursued if the property
owners are cooperative and timely.
. Preparation of sketch and legal descriptions for easements, if needed will be
an Additional Service. The scope and extent of the sketch and legal
description will be dependant on the size and shape of the proposed
easement.
. Provide title research regarding easements of record for specific areas as
defined by the CITY and designer. Up to xx properties may be researched.
2. 1.3. Surveying services:
. Research existing plats and right of way maps to use as base maps for the
proposed project.
· Provide a topographic survey of the project corridor, which is defined as an
area 75' in width with ending limits as defined in Section B above. This
corridor width is intended to generally encompass Y2 of the adjoining road
right of way and extend approximately 15' beyond the road right of way.
. services as defined by the Florida Administrative Code Chapter 61 G17-6.004
survey type "(12) Topographic Survey" which will include roadway right of
way, property lines and easements within the project area as shown from filed
plats.
. generate a 1 "=30' scale topographic map of the project area (both in CADD
and a signed and sealed copy), including all visible improvements within the
project corridor.
· locate all visible utilities and measure invert elevations of storm and sanitary
sewer structures within the project corridor. Overhead utility lines will be
shown upon the map.
· surveyor to coordinate with Sunshine One and have all utilities within the
project corridor identified. These utilities are to be shown on the survey map.
. locate landscaped areas and trees within the project corridor.
2. 1.4. Vacuum extraction (soft dig) - for those areas of concern for anticipated
underground utility issues:
· proVide up to 20 soft dig utility locations in up to two mobilizations.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.2 60% and 90% Final Desiqn Drawinqs and Technical Specifications
CONSULTANT will provide raw water main plan drawings of the project area
using the survey information obtained from field investigations. CONSULTANT
will utilize CITY of Boynton Beach Utilities design and construction standard
details, FOOT standard details, or PBC standard details where applicable in the
preparation of the documents required for this project. Contract Documents will
be in sufficient detail to enable the contractor to make an informed bid and carry
out the construction work as contemplated.
Design milestones are defined as follows:
. 60% Design Documents - Contract Drawings Plan, Raw Water System
Details, Technical Specifications
. 90% Design Documents - incorporation of 60% comments, Contract
Drawings Profile, Technical Specifications
The following is the anticipated drawing list for the project (assuming a total of
10,300 If of raw water main in Section B):
Sheet No. Description
1 Cover Sheet (Title and Vicinity Map)
2 Key Map
3 General Notes and Abbreviations
4-17 Raw Water Main plan and profile
18-21 Standard Details
22-23 Project Details
24-27 Maintenance of Traffic
CONSULTANT will prepare technical specifications, using City of Boynton Beach
standard technical specifications (January 2009 version). Otherwise standard
CSI format technical specifications necessary for the project and proven
CONSULTANT standard details will be used to supplement what is needed.
These specifications will be based on standard terms commonly used in
construction contracts and will be edited to suit the project.
2.2.1 Enqineer's Estimate
At the 60% and 90% completion milestones, CONSULTANT will prepare
an engineer's estimate of probable construction cost. The cost estimated
will be subdivided into separate items as much as practical.
2.2.2 Schedule of Bid Items
At the 60% and 90% completion milestones, CONSULTANT will prepare
the schedule of bid items.
4
TASK ORDER NO.3 - Raw Water Main Interconnect .~ Section 6
2.2.3 Deliverables
CONSULTANT will provide the CITY three sets of deliverables (Contract
Documents) for each milestone in hard copy. CONSULTANT will provide
four sets of Bid Documents to the CITY in hard copy and electronic format
(.pdf, .doc, and ,dwg files) at the 100% milestone.
2.3 Traffic Control Plans
The CONSULTANT shall design a Traffic Control Plan to move vehicular and
pedestrian traffic during all phases of construction. The design shall include
construction phasing of ingress and egress to existing property owners and
businesses, routing, signing and pavement markings, and detour quantity
tabulations, roadway pavement, drainage structures, ditches, front slopes, back
slopes, drop offs within clear zone, and traffic monitoring sites.
It is assumed that standard FDOT details will be applicable and that each plan
sheet will not need to be recreated in the TCP set. Although the County
indicated that they would perform the lane closure analyses necessary for the
permit for this project, it is assumed that one lane closure analysis will be
prepared by the consultant.
The Traffic Control Plan shall be prepared by a certified designer who has
completed training as required by the Florida Department of Transportation
(FDOT). Before proceeding with the Traffic Control Plan, the CONSULTANT
shall meet with Palm Beach County Traffic Division personnel to coordinate the
proposed Traffic Control Plan. Proposed road closings must be reviewed and
approved by the County. Diligence shall be used to minimize negative impacts by
appropriate specifications, recommendations or plans development such as the
use of materials such as sheet piling in the analysis.
Local impacts to consider will be local events, holidays, peak seasons, and peak
hours. It is assumed that an alternate detour route will not be needed.
2.4 Bridqe Desiqn
The CONSULTANT shall design a utility bridge to carry the new waterline located
in the median area of Woolbri~ht Street over Golf Street. The design shall be in
conformance with AASHTO 41 Edition and any FDOT modifications. It is
anticipated that the existing concrete abutments supporting the roadway bridge
will also be capable of supporting the additional surcharge of waterline and utility
bridge. Penetrations will be required in each abutment backwall for the waterline
It is also anticipated that there will be minor modifications to the existing
abutment beam seat for the purposes of supporting the utility bridge. Sufficient
design details will be presented on construction plans and specifications will be
prepared and for bidding contractors. Construction estimate of this work will also
be prepared by the CONSULTANT.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2.5 Permittinq Activities
Permitting activities with the following agencies are anticipated:
a. Palm Beach County Department of Health (PBC) permit for constructing a
water main
b. Palm Beach County Land Development and Roadway Divisions (PBC) for
route, MOT, and restoration approval
Permitting activities will include the following efforts:
a. Preparation of permit application forms for CITY signature and supporting
documentation. Two copies of the final permitting packages (plus the number
of agency required copies) will be submitted with the 90% plans for submittal
to the PBCHD by the CITY.
b. CONSULTANT will prepare responses for up to two (2) Requests for
Additional Information (RAI) made by regulatory agencies following submittal
of the permit applications. Responses required by additional agency requests
for additional information will be considered an Additional Services item.
CONSULTANT shall incorporate permit agency comments into the 100
percent plans set.
c. Up to two meetings with each regulatory agency is anticipated. Additional
meetings will be considered an Additional Services item.
CONSULTANT will prepare the appropriate permit applications during the 90%
design stage. CONSULTANT will respond to up to two RFls per permit but
would answer more if required. A reasonable level of effort has been assumed in
obtaining permits.
The Contractor will be responsible for obtaining PBC ROW permits as necessary.
Preparation of applications for other permits for the above agencies or for other
regulatory agencies beyond that specified above will be considered an Additional
Services item. Such additional permits not included in this scope of work may
include, but not be limited to, wetland dredge and fill permits, right-of-way
construction permits, Asbestos Handling/Disposal notification permits,
Archeological/Historical preservation permits, endangered species permits, and
tree removal permits. If any de-watering permits are necessary to conduct the
work, their acquisition will be the responsibility of the Contractor.
3.0 Bidding Services
In this subtask, CONSULTANT will provide engineering services during the
bidding and award of the project for one bid package. In accordance with the
CITY's Standard Procedures and Functions for Consultants, Procurement
Services, and Project Management Team, the following tasks are anticipated:
1. Bid advertisement to be posted by the CITY
6
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
2. Provide four sets of Bid Documents to the CITY in hard copy and
electronic format (.pdf. .doc. and .dwg files) for the CITY and
DemandStar's use
3. Issue project documents to three plan review rooms selected by the CITY
4. Distribute project documents and collect payment from potential
contractors
5. Maintain a planholders list
6. Provide one Addendum, if required, to CITY Procurement
7. Conduct and minute a pre-bid conference
8. Respond to prospective bidders' written inquiries
9. Attend bid opening.
10. Tabulate bids
11. Assist the CITY in evaluation of bids by reviewing the bid tabulations with
respect to the engineers estimate, calling up to 3 references for up to 3
bidders as requested by the CITY and providing the CITY with a memo of
our findings including a recommendation to CITY regarding award of bid.
4.0 Construction Services
CONSULTANT will provide construction services outlined below for the duration of the
project through Final Completion. Services are described as follows:
4.1 Manaqement
Project Management activities comprise contract administration, coordination of
project staff, monitoring of progress and project costs, and maintaining a project
Quality Management System during the construction services phase of the
project.
4.2 Technical Services
4.2.1 Preconstruction Meeting
CONSULTANT will conduct the preconstruction meeting between the
CITY and project representatives to assist in explaining construction
administration procedures.
4.2.2 Conformed Documents
CONSULTANT shall provide for Conformed Documents and provide up to
five sets to the Contractor for permitting.
4.2.3 Construction Management
CONSULTANT will provide for a part-time construction manager for the
duration of the project (estimated at 48 weeks of construction plus 8
weeks of non-construction related activities for a total duration of 56
TASK ORDER NO.3 - Raw Water Main Interconnect - S~.
weeks) who will provide administrative control and be the focal point
between the contractor and engineer. The duties to be performed by the
CM shall consist of:
. conduct and minute bi-weekly construction progress meetings
. monitor and track contractor submittals
. monitor contractor schedule compliance
. monitor and track project testing requirements
. with CITY assistance, address construction related issues with
respect to the general public Negotiate required Field Change
Directives
. Review and approve monthly applications for payment by the
contractor
4.2.4 RPR Services
CONSULTANT shall employ a Resident Project Representative (RPR) to
be on site for the construction duration for work identified under this scope
of work (40 hours per week). For estimating purposes the duration is
projected to be 48 weeks of actual construction activities. The duties to be
performed by the RPR shall consist of:
. observation of construction activities and review of workmanship,
. monitoring the progress of construction and compliance with the
intent of design, and
. maintain logs of construction activity,
. develop weekly reports,
. attend weekly progress meetings with contractor,
. assist in reviewing pay estimates, review record drawings,
. review and assist in negotiating change orders.
The RPR will also be available for the two weeks of preconstruction
activities and two weeks for final completion (20 hours per week average)
As a part of this effort, the RPR will provide daily construction
observations at key points during project construction to confirm that the
construction is in general conformance with the plans and specifications.
4.2.5 Engineering Services
The CONSULTANT design engineer will provide limited inspections at key
points during project construction to certify our portion of the work.
8
TASK ORDER NO 3 - Raw Water Main Interconnect - Section B
4.3 Contractor Submittals
CONSULTANT's review of required Contractor submittals will consist of the
following activities:
1. Review shop drawings submitted by the Contractor to determine general
conformance to the design concept and the project manual. CONSULTANT
will provide a review and submit comments regarding acceptance status for
each set submitted.
2. Review Contractor pay requests on a monthly basis and provide written
recommendations.
3. CONSULTANT will respond to requests for information (RFI) by the
Contractor. It is reasonable to expect one RFI every other week during
construction. CONSULTANT will prepare up to two supplementary drawings
to resolve actual field conditions encountered.
4.4 Proposed Chanae Orders
As budgeted, CONSULTANT will revie'v"" up to four change orders submitted by
the Contractor. Review will address conformance to original design concepts
and cost-effectiveness. CONSULTANT will evaluate requested price changes
and time extensions for proposed change orders and make recommendations in
writing.
4.5 Substantial Completion/Final Acceptance
Key members of CONSULTANT's team will conduct a final inspection for the
work with project representatives and the Contractor and provide written
recommendations in the form of a punch list for acceptance of the work.
4.6 Record Drawinas and Certification Submittals
CONSULTANT will review the signed and sealed record drawings showing
changes made during construction provided by the contractor, as required in the
contract specifications, depicting any significant deviations and changes in the
Contract Drawings. The record drawings deliverable to CITY will consist of:
. three sets of signed and sealed drawings
· copy of drawings on CD-ROM
It is assumed that all required testing will be by the contractor and results will be
provided to CONSULTANT.
CONSULTANT will provide for Certification of Completion of Construction forms
and submit them to the PSC Health Department for final clearance.
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
Project Team
The project team will consist of CONSULTANT as the lead consultant. This team will be led by
Ms. Dana Gillette, PE. The following subcontractor(s) will be used as part of this effort:
. Dunkelberger Engineering (geotechnical)
. George F Young (soft dig)
. Spencer Title Services (easement research)
Deliverables and Payment Schedule
Task Deliverable Estimated Payment Schedule
Task 1. Project Monthly progress reports, % complete (estimated to be 1/12
Management Meeting minutes each month)
Task 2. Design Geotechnical engineering Lump sum upon submittal
report
Task 2. Design SUNey % complete not to exceed 90%
invoiced prior to submittal with full
lump sum upon final submittal
Task 2. Design 60% Plans % complete not to exceed 60%
invoiced prior to submittal
Task 2. Design 90% Plans % complete not to exceed 90%
invoiced prior to submittal
Task 2. Design 100% Plans Lump sum upon submittal
Task 3. Bidding Bid documents, % complete not to exceed 90%
Bid tabulation and invoiced prior to final submittal with
recommendation full lump sum upon final submittal
Task 4. Construction Construction document periodic payments based upon time
Phase Services reviews (shop drawings, RFI and expenses, not to exceed the
responses, CO upper limit specified in the task order
recommendations, Pay ap
recommendations, etc.)
c. Assumptions
1. Field verification of existing utilities will be limited to those affecting the project.
2. Any additional easements or rights-at-way required will be obtained by the CITY at
no cost to CONSULTANT.
3. Hydraulic modeling at the raw water system in the project area will not be
conducted.
10
TASK ORDER NO.3 - Raw Water Main Interconnect - Section 13
4. The design drawings will be based on pian scale l' = 30' hOrizontal, 1"= 4 vertical on Palm
Beach County property appraiser aerial photos on 24"x36" paper for construction with
reduced prints for construction on 11 "xl?" paper (therefore a 22"x34" sheet border will be
used).
5. All permitting fees under this scope of work will be paid by the CITY.
6. Front end documents will be provided by the CITY for use in the Bid Documents.
7. The Contract Documents will be prepared as a single package.
8. A single bidding effort is assumed.
9. Conformed Contract Document set incorporating revisions identified during the bid phase
will be provided as part of Engineering Services During Construction.
1 O. It is assumed that there are no contaminated soils, endangered species or habitat,
archeological artifacts, or other sensitive environmental issues to be avoided during the
design.
11. The CITY will provide Autocadd standards that will be followed regarding sheet
borders, fonts, layer names, etc.
12. Attendance at public meetings or hearings associated with public involvement or
with permits applied for in support of the project is not included.
13. The design is to be based on the local codes and standards in effect at the
beginning of the project. Revisions required for compliance with any subsequent
changes to those regulations is considered an Additional Services item.
14. Survey efforts will be required outside of the road right of way onto private property.
The CITY is responsible to notify the affective property owners and obtain
permission prior to the commencement of the survey mobilization.
15. Monumentation of the right of way is not included
Construction Services:
1. For estimating purposes the duration is projected to be 365 calendar days after the
Contractor 'Notice to Proceed' date which includes 48 weeks of actual construction
activities. This proposal includes funding of a RPR for 40 hours per week during the
duration of construction plus a total of 80 hours for the two weeks of preconstruction
activities and two weeks for final completion (20 hours per week average).
2. Work hours for the contractor will be an average of 40 hours per week, Monday through
Friday. Additional hours worked (evenings or weekends) requiring presence of the Resident
Project Representative (RPR) will be compensated with overtime rates.
3. The CITY will enter an agreement with the selected contractor.
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
between the City of Boynton Beach and Crossroads Engineering & Surveying
(Resolution 03-182), assigned to Erdman Anthony of Florida, Inc. on June 15, 2004
(Resolution R04-089) and extended by the City Commission on February 21,2006
(Resolution R06-050) and extended a second time by the City Commission on February
19, 2008 (Resolution R08-027).
j j
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
E. Additional Services
The following are examples of some specific Additional Services Items that may be
required, but are not included within this Task Order. Generally, a condition contrary to
the work description herein (upon which the design fee is based) is considered an
Additional Services item. Examples include:
1. Development of property descriptions of easements, road right-of-ways, etc.
Preparation of right-of-way or easement boundary surveys.
2. Threatened or endangered species and species of special concern permitting or
relocation work.
3. Archeological/Historical preservation permits, studies, or reports.
4. Analysis of additional corridors.
5. Dewatering plans or permits.
These and other services can be provided, if desired by the CITY, under separate Task
Order(s) or by an amendment to this Task Order. Services performed will be on an as-
directed basis in accordance with a written Notice to Proceed from the CITY.
F. Obligations of the City
1. The CITY shall provide CONSULTANT in a timely manner, all requested and
available record data and information related to the project as necessary for the
performance of the services specified herein.
2. The CITY shall review all documents presented by CONSULTANT; obtain advice of
an attorney, insurance counselor, and other as CITY deems appropriate for such
review and render decisions pertaining thereto within reasonable time so as not to
delay the services of CONSULTANT.
12
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
G. Compensation
CONSULTANT proposes to perform tasks outlined below and as further described in
Attachment A. As provided for in the Agreement, compensation for the services
provided shall be due and payable monthly in proportion to the percentage of the work
estimated by CONSULTANT to be completed at the time of billing for lump sum tasks.
Time and material, where applicable, not to exceed will be billed monthly under the
agreed billing rates. Expenses will be invoiced at the actual amount that the
CONSULTANT paid plus 10%.
.---
Task Number Description Amount Basis of Payment
Task 1 Project management $24,600 Lump sum
Task 2 Design and construction documents $272,255 Lump sum
Assistance with Biddinq $10,080 ---- "_ .__u._
Task 3 Lump sum
Task 4 Assistance during construction $425,210 Time and materials !
N/A Expenses $11,000 Estimated amount
Total $743,145 J
-'~---------'-'---'. - ---'-'-------'--
H. Project Schedule
The CONSULTANT will commence design and permitting services upon receipt of
written authorization and will complete all work associated with this Task Order in
accordance with the attached schedule shown on Exhibit B.
1 .
I'
TASK ORDER NO.3 - Raw Water Main Interconnect - Section B
day of
,2009.
DATED this
CITY OF BOYNTON BEACH
ERDMAN ANTHONY
Kurt Bressner, City Manager
, PSM, Vice President
Attest! Authenticated:
City Clerk
Approved as to Form:
(Corporate Seal)
Office of the City Attorney
K :\B usiness- Development\Proposals\Boynton Beach\2 Y ear gen.consult.contract\lnterconnect\ScopeDesignBidConst.doc
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VI.-CONSENT AGENDA
ITEM C.6
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1,2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15, 2009 (Noon)
0 May 19, 2009 May4,2009(Noon) f8J July 21, 2009 July 6,2009 (Noon)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM t8J 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 3D-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 3D-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 procedures, 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 a certified copy of 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 certified copy of the Resolution is sent to the County for recording.
Thirty days after a certified copy of the Resolution is recorded, the property owners will receive, by certified mail, a certified
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: This process allows us to place liens on the properties in order to reimburse the City for the services
that were provided when the nuisances were abated.
ALTERNATIVES:
provided.
The alternative would be to not place liens on the properties and not collect for the service
--Y1
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Assistant to City Manager C~
City Clerk's Office City Attorney I Finance
S:\CC\WP\LOT MOWING ASSESSMENTS\AGENDA MEMOS\Agenda Item Request for 05-12-09 Letters - #6.doc
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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38 I Section I: Each Whereas clause set forth above is true and correct and
39 I 'incorporated herein by this reference,
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41 Section 2: The amount of costs incurred by the City and the abatement of the
42 above-described nuisance as to the parcels ofland, owned and indicated to wit:
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RESOLUTION NO. 09-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA ASSESSING THE COSTS OF
ABA TEMENT OF CERTAIN NUISANCES
AGAINST THE OWNERS OF THE PROPERTIES
INVOLVED; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in March, 2009, a contract vendor was requested by Code Compliance to
mow the lots of the properties described in Exhibit "A": and
WHEREAS, the owners of the parcel(s) of property hereinafter described \vere
invoiced by the Finance Department on two occasions in an effort to recoup these costs with
no response; and
WHEREAS, said nuisance was not abated as required; and.
WHEREAS, on April 1, 2009, all of the property owners listed in the attached Exhibit
"A" were sent letters offering them an opportunity to remit within 30 days in order to avoid
incurring a lien on their property: and
WHEREAS, the City Manager or his authorized representative has made a report of
costs actually incurred by the City and abatement of said nuisance as to the property( s)
involved, which is described in Exhibit "A" attached to this Resolution: and
WHEREAS, upon passage of this Resolution, the property owners will be furnished
with a copy of this Resolution, and given one more opportunity to remit all costs associated
with the abatement in full within 30 days of the passage of the Resolution, before transmittal
to the County for recordation of Liens: and
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS:
SEE ATTACHED COMPOSITE EXHIBIT .'/\..
! S:ICAIRESOILegislative Actions\Nuisance Abatement Liens 072109 doc
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(Charges cover Invoices dated April I, 2009)
Subject amount is hereby assessed as liens against said parcels of land as
indicated, plus an additional administrative charge of $30.00 for each Lien.
Liens shall be of equal dignity with the taxes there from for the year 2009, and
shall be enforced and collected in like manner pursuant to applicable
provisions of law. In the event collection proceedings are necessary, the
property owner shall pay all costs of the proceedings, including reasonable
attorneys fees.
Section 3.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this _ day of July, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
{Corporate Seal}
S:\CA\RESO\Legislative Actions\Nuisance Abatement Liens 0721 D9.doc
l:~:~:m'.. ..l:~:"ur~~ r:::::~~::,:,..... -E~r:~:hF:"33414
: Mary & Lewana Logan I I 3001 S PALM GROVE AVE LOS ANGELES CA 90016
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~Lien Amount Includes $30 Administrative Fee and is amount to be recorded in PSc.
----- --~- ------ ----
Invoice# CEB# PCN# Salutation #ofda s Dollars LienAmt
24124 09.817 084345220 Ms. 41 206.03 236.03
30020100 Federhenn
-,-~ ---..-"-- ---' ~.._.--~-- 236.03
24125 09-814 084345212 Mr. Andrews 41 206.03
---- ---- 20030050
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24126 09.731 084345212 To Whom it 41 398.09 428.09
20050010 ~y Concern l
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI-CONSENT AGENDA
ITEM D.
Requested City Date Final Form Must be Date Final Fonn Must be Date Final Fonn Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office 0
D Julv 7, 2009 June 15,2009 June 10, 2009 June 8, 2009 \JJ
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I2J Julv 21,2009 Julv 6, 2009 Julv 1,2009 June 29,2009 :z:
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D August 4, 2009 Julv 20, 2009 July 15, 2009 July 13, 2009
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D August 18, 2009 Ammst 3, 2009 July 29, 2009 Julv 27,2009 --
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NA TURE OF 0 Administrative D New Business
AGENDA ITEM I2J Consent Agenda D Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: A motion to approve the "SURPLUS VEHICHLEIEQUIPMENT LIST" as submitted by
Public WorkslFleet Maintenance and allow for the auction ofthe same.
EXPLANATION: Procurement Services has received twenty (20) items on the "SURPLUS VEHICLE/EQUIPMENT
LIST" that was submitted by the Public Works/Fleet Maintenance Division (see attached memo). Utilizing the City of
Boynton Beach disposal process for Surplus VehicleslEquipment will allow the vehicles/equipment to be auctioned by
the City's approved vendor and generate revenues to the Fleet Maintenance Funds. Procurement Services requests
Commission's review, evaluation and approval to sell the Surplus VehicleslEquipment.
PROGRAM IMPACT: The disposal of Surplus Vehicles/Equipment will provide inventory, control maintenance and
allow for receipt of revenues through a process monitored by Procurement Services.
FISCAL IMPACT: The revenues generated from the sale of these surplus vehicles/equipment will be placed in the j,
Fleet Maintenance Fund in the following account:
Revenue Account:
501-0000-365-01-00
Account Descriotion:
Sale of Surplus VehiclelEquipment
ALTERNATIVES: To hold Public Auction with Staff which has been done in the past, but after expenses, it was not
;n th h",t in..",t the ;!. ri ' ~ /
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DEPARTMENT OF PUBLIC WORKS
FLEET SERVICES DIVISION
MEMORANDUM NO. 09-024
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TO' Carol Doppler, Purchasing Agent
THRU: Chris Roberts, Asst. Director, Public Works \~t---
FROM: Steven Weiser, Fleet Administrat~
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DATE: Wednesday, June 03, 2009
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RE: Surplus Vehicles
&Y
Attached is a spreadsheet indicating decommissioned vehicle surplus. We are formally
requesting commission approval to dispose of these assets.
Please be advised that the Mileage and Condition reports on the Vehicles are not the only
considerations when evaluating Iifecycle for city vehicles. A simplified formula to understand
the process is as follows;
Acquisition cost + Maintenance cost + Operating Cost (INS) = Daily cost of operation.
The greatest impact to this daily operational cost is Resale Value.
Also in regards to Police vehicles, these vehicles are categorized as severe service vehicles.
The mileage and year are not clear indicators as to the condition of the vehicle. Police
vehicles are subject to hard stops and starts, excessive idle times, high speed, and high load
applications.
To stay ahead of the curve we need to allow technology advances help us reduce cost by
investing in fuel efficient vehicles, and proactively seek vehicles that meet our vision for
environmentally friendly vehicles.
Copy:
PW Files
S ,\!'wle O( 'respondence
Vehicle Surplus List
E . D
y
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Vendor
:aUID. ept ear !:Q.. DescriDtion VIN Mileaae Condition Reason Amount received
1483 SW 2004 Peterbuilt Refuse Truck 1 NPZL TOX85D715582 60208 Poor Major Enqine
1086 SW 2000 Autocar Refuse Truck 5VCEC6UE73N194798 6770 hrs Poor Maior Mech
94 SW 1999 Volvo Roll Off 4V5JCBBE9XN866194 6940 hrs Poor Major Mech
1085 SW 2000 Mack Refuse Truck 1 M2K195C1YM015152 10057 Poor Major Mech
656 PO 1997 Ford P/U F350 3/4 TON 1 FTEF2766VKC48002 74534 Poor Mech/Body
118 WS 1999 Chevy SUV Blazer 1 GNDT13W4XK183049 73938 Poor Mech/Body
176 WS 1998 Chevy P/U 3500 UTILITY 1 GTHC34R 1 WE558293 57385 Poor Mech /Enqine
4015 PD 2000 Chevy Astra van 1GNDM19W4YB173000 72343 Poor Mech/Enqine
1122 WS 2002 Sterling Sewer Rodder 2F~TAK92AK52973 50146 Poor Mechanical
1125 WS 2002 Sterling Sewer Rodder 2FZHATAK52AJ53212 43556 Poor Mechanical
4700 PD 1997 Kustom Speed Device 1 K9BS081XVK118639 N/A Poor Mechanical
3103 PD 2001 Chevy 2500 P/U Silverado 1 GCHC29G81 E303330 74246 Poor Mechanical
139 WS 1995 Ford 5 yard Dump 1FDXF80C1SVA80996 44534 Poor Mech/Bodv
125 WS 1997 Ford F250 Pick up 1FTEF2766VKC47996 174399 Poor Mechanical
750 ENG 2005 Ford Taurus 1FAFP53U85A255164 33038 Poor Bodyrf otaled
8131 WS 2003 Vac-Tran Sewer Rodder Trailer 5HZBF16143LB31100 N/A Poor Mechanical
WS Pro Vac Sewer Rodder Trailer 1F9F51023V1025457 N/A Poor Mechanical
8144 WS 1993 Powermole Pipe pusher 6067 N/A Poor Mechanical
Con PD 2002 Pontiac Grand Am 1G2NF52E32C103199 104202 Poor Mechanical/Body
510 REC 1998 Ford Taurus 1FAFP57U4WA184508 41511 Poor Mechanical/Body
Totals
$0.00
5 Sadisco
J JJ Kane
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VI - CONSENT AGEND.
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 April 21,2009 April 6, 2009 (Noon) 0 June 16, 2009 June 1, 2009 (Noon)
0 May 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon)
0 May 19, 2009 May 4,2009 (Noon) [gJ July 21, 2009 July 6, 2009 (Noon)
0 June 2, 2009 May 18,2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
0 AnnouncementslPresentations 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 approve the return of the balance ofa performance bond (in the amount of$256,300)
for the Gateway Boulevard widening to a six lane roadway, from North Congress Avenue eastward to Renaissance Commons
Boulevard.
EXPLANATION: The widening of Gateway Boulevard was performed in two (2) phases, the first being from North
Congress A venue to Renaissance Commons Boulevard, and the second being from Renaissance Commons Boulevard to High
Ridge Road. The remaining bond for the second part was approved at the June 16,2009 City Commission meeting, but staff
overlooked the remaining balance on the first part. This widening project was a requirement for the support roadway network
required to support the Boynton Town Center commercial development and the future residential development to follow.
PROGRAM IMPACT: For the first phase noted above, the original Performance Bond was in the amount of$2,563,000.
This was reduced by 90% (to $256,300) at the March 4, 2008 City Commission meeting, just to allow for the final wrap up of
the resurfacing and respective signing. This was completed prior to the commencement of the second phase for Gateway
Boulevard. The one year warranty period has passed and has been satisfied.
FISCAL IMPACT: N/ A
ALTERNATIVES: None. The construction of this phase of Gateway Boulevard was completed in 2008; the warranty
period has been satisfied.
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Assistant to City Manager
CvM/
Public Works / Engineering Division
Department Name
City Attorney I Finance
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VI.-CONSENT AGENDA
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15, 2009 June 10,2009 June 8, 2009
X July 21, 2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 July 13,2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27,2009
0 Announcements/Presentations 0 City Manager's Report
NA TURE OF 0 Administrative 0 New Business
AGENDA ITEM X Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDA nON: Approve the Fire Rescue EMS division to implement the collection of current past due and future
past due EMS transport biIls generated by the Fire Rescue Department.
EXPLANATION: The Fire Rescue Department has been authorized to charge for the transport of patients under the care of
City Firefighter/Paramedics to hospitals since 1992. The Fire Department has responsibility to administer the EMS biIling and
collection process. It is necessary to maintain biIling and collection procedures for EMS transport fees, and provide methods
for collection of past due bills in order to off-set escalating costs associated with this service. Medicare, as well as, private
insurance carriers often require co-payments or other fees paid directly by the user. This amount (generally 20%) is often the
source of these uncollected fees and represents an estimated $172,929.00 annually since 2005. Implementation ofa collection
procedure for EMS transport bills will allow the City to strengthen its financial position and recover costs associated with this
service.
PROGRAM IMP ACT: Increased revenues and additional financial support to off-set related operating costs of the EMS
program.
FISCAL IMPACT: There is no fiscal impact to implement this program. Potential revenues of transport fees currently
outstanding average an estimated $172,929.00 annually since 2005. With a conservative collection rate of25% the city could
collect an additional $43,232 annually.
g current collection practices will result in uncollected transport fees.
'~<-L- d1: ,/~
City Manager's Signature
Assistant to City Manager ~
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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VI.-CONSENT AGENDA
ITEM G.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
!ZI July 21, 2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
0 August] 8, 2009 August 3, 2009 July 29,2009 July 27,2009 --
I..D
<-
n
-+
C":l"'iil
::;'"<
-(0
0 0 r- ~: .."
Announcements/Presentations City Manager's Report ro
i. C:,J
NATURE OF 0 Administrative 0 New Business 0"\ .....:
AGENDA ITEM - z
!ZI Consent Agenda 0 Legal ~ v ---!
0 0
0 Code Compliance & Legal Settlements 0 Unfinished Business :z.:
<.n ".,
0 Public Hearing 0 c.n ~-.) M
, ~ .,.",
o
:t:
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
June 2009.
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.
ALTERNe~(/f~
Department Head's Signature
J~'
,... I '"
e,ll...-~. ..,' ~-<-<,
. City Mllnager's Signature
C~~
Procurement Se ices
C /
Assistant to City Manager }^;./v
275ft
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR JUNE 2009
1. Vendor: AUTOMATED AIR CONDITIONING
Requesting Department: ENGINEERING
Purchase Amount:
Contact Person:
Date:
<;;147750C-;
KEVIN RAMSEY
6/2/09
Brief Description of Purchase:
PURCHASE & INSTALLATION OF A GREASE HOOD AT FIRE STATION #3 AS PART OF THE REMODELING OF THE KITCHEN
Source for Purchase:
(3) QUOTES
Fund Source: 302-4127-522.62-01
2 Vendor: DON REID FORD
Requesting Department: PUBLIC WORKS/FLEET
Purchase Amount:
Contact Person: STEVE WEISER
Date: 6/2/09
S11.54700 i
Brief Description of Purchase:
PURCHASE OF A 2009 FORD FOCUS 4DOOR SEDAN TO REPLACE UNIT 3858
Source for Purchase:
Sheriff's Contract
Fund Source: 501-2516-519.64-33
3 Vendor: BARON SIGN MANUFACTURING
Requesting Department: RECREATION & PARKS
Purchase Amount:
Contact Person: JODY RIVERS
Date: 6/2/09
$24,13000 I
Brief Description of Purchase:
PARK ENTRY SIGNS: INTRACOASTAL PARK, MEADOWS PARK, BOYNTON LAKES PARK
Source for Purchase:
QUOTES
Fund Source: 302-4299-580.63-06
4 Vendor: AMPS, INC.
Requesting Department:
UTILITIES
Purchase Amount:
Contact Person: TONY LOMBARDI
Date: 6/2/09
$13, 125001
Brief Description of Purchase:
REHABILITATE WELL 13E
Source for Purchase:
PIGGY-BACK PALM BAY
CONTRACT
Fund Source: 406-5000-590.65-02
UTILITIES
Purchase Amount:
Contact Person:
Date:
$13,125.00
5 Vendor: AMPS, INC.
Requesting Department:
TONY LOMBARDI
6/2/09
Brief Description of Purchase:
REHABILITATE WELL #14E
Source for Purchase:
PIGGY-BACK PALM BAY
CONTRACT
Fund Source: 406-5000-590.65-02
Page 1
6 Vendor: ADDEN FURNITURE Purchase Amount: $14,689.61
Qequesting Department: FIRE Contact Person: AMY MCDEAVITT
Date: 6/9/09
drief Description of Purchase:
(17) BEDS FOR THE FIREFIGHTERS AT FIRE STATION #5
Source for Purchase: PIGGY-BACK GSA CONTRACT Fund Source: 305-4118-580.64-16
#GS-27F-0003V
7 Vendor: CDW GOVERNMENT, INC. Purchase Amount: $35,540.00
Requesting Department: FIRE Contact Person: AMY MCDEAVITT
Date: 6/30/09
Brief Description of Purchase:
FIRE STATION #5/EOC WIRELESS ACCESS POINT
Source for Purchase: FLORIDA STATE CONTRACT Fund Source: 305-4118-580.62-01
250-000-09-1
8 Vendor: TALLEY WALKER Purchase Amount: $13,180.00
Requesting Department: ENGINEERING Contact Person: GEORGE MANTELL
Date: 6/30/09
Brief Description of Purchase:
BRIDGE REPAIRS LOCATED AT GATEWAY BLVD. INTERSECTION E-4 CANAL
Source for Purchase: (3) QUOTES Fund Source: 302-4906-541.63-22
9 Vendor: Purchase Amount:
~equesting Department: Contact Person:
Date:
Brief Description of Purchase:
Source for Purchase:
10 Vendor:
Requesting Department:
Brief Description of Purchase:
Source for Purchase:
Page 2
Fund Source:
Purchase Amount:
Contact Person:
Date:
Fund Source:
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH. J:LORIDA 33425-031 C
it:
L C ~J
.~)A,TE: r~
VENDOR 2394
TO: AUTOMATED AIR CONDITIONING
15900 BOEING COURTS
WELLINGTON, FL 33414
3HIP TO:
::i ty of Boynton Beach
ENGINEERING DEPARTMENT
1.00 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
49217
ORDERING DEPARTMENT: ENGINEERING/KR/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST
EXTENDED
COST
1
14775.00 DL FIRE STATION #3-REMODELING OF LOGGe
KITCHEN
provide and install one 6ft by
48in grease hood
with associated metal ductwork,
exhaust fan, SS
metal wall panel, factory
installed fire
protection system, factory
pre~wired control .
panel, demoliton of existing hood.
14 7 '" 5 ", n
REMARKS:
Kitchen remodel for Fire Station 3
PROCUREMENT SERVICES:
, P.O. TOTAL:
--.---1
:'4775..0 i
I
-----.---.- ----1
!
i
ACCOUNT NO.
302-4127-522.62-01
PROJECT
GG0903
14775.00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091105
DATE: 06/02/09
VENDOR 2504
TO: DON REID FORD INC
P.O. BOX 940005
MAITLAND, FL 32794-0005
SHIP TO:
City of Boynton Beach
PUBLIC WORKS DEPARTMENT
222 N.E. 9TH AVENUE
BOYNTON BEACH, FL 33435
DA TE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742-6310
REQUISITION NO.
49359
ORDERING DEPARTMENT: PUBLIC WORKS/ JAM
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
1.00 EA FORD FOCUS
COLOR: WHITE
11547.0000
11547.00
REMARKS:
2009 Ford Focus 4 door Sedan S
To replace Unit 3858
For additional information, please contact Fleet
Administrator, Steve Weiser, (561) 742-6215.
PROCUREMENT SERVICES:
P.O. TOTAL:
11547.00
\CCOUNT NO.
501-2516-519.64-33
PROJECT
11547.00
PURCHASING
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEV ARD
P.O. BOX 310
BOYNTON BEACH FLORIDA 33425-0310
1:+:
DATE: ~i;::
; " '.,0
VENDOR 302
TO: BARON SIGN MANUFACTURING
900 13TH STREET WEST
RIVIERA BEACH, FL 33404
;H:;:P TO:
'ity of Boynton Beach
?ARKS ADMINISTRATION
100 E BOYNTON BCH BLVD
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
49355
ORDERING DEPARTMENT: RECREATION & PARKS
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
24130.00 DL
PARK ENTRY SIGNS PER QUOTE
AVENUE COMMUNITY PARK;
INTRACOASTAL PARK;
MEADOWS PARK; BOYNTON LAKES PARK.
1.0000
24U' C.G
PROCUREMENT SERVICES:
-,
24130.00 !
P.O. TOTAL:
ACCOUNT NO.
302-4299-580.63-06
PROJECT
CP0633
------------1
I
I
24130.00
PIIRr.HASING
CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date: 5/20/2009
Requesting Department: Recreation & Parks
Contact Person: Jody Rivers
Explanation for Purchase:
Completion of replacement of park entry signs
I Recommended Vendor Baron Signs
I Dollar Amount of Purchase 24,130
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:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
CIPI 302-4299-580-63-06 CP 0633
Approvals:
Department Head
I Purchasing Agent
Asst City Manager
City Manager
Date 5/20/2009
Date
Date
Date
Fonn Revised 02/01/02
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
VENDOR 30
).0. #:
DATE: 06
j ......1,_::.:
',,,\ ') / ('. 0
.'""/ '-'..-/
TO: AMPS INC.
7146 HAVERHILL RD
WEST PALM BEACH, FL 33407
SRI? TO:
:ity of Boynton Beach
EAST WATER PLANT
1620 S. SEACREST BLVD.
BOYNTON BEACH, FI. 33435
REQUISITION NO.
49337
ORDERING DEPARTMENT: UTILITIES ADMIN/ME
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
1
1.00 EA MOBILIZE EQUIP./DEMOBILIZE EQUIP.
& RESTORE SITE
2
1.00 EA PERFORM INITIAL SPEC. CAP. TEST
ON WELL
3
1.00 EA PULL PUMP, MOTOR & EQUIP. FROM
WELL
4
1.00 EA PERFORM BLENDED ACID INJECTION ON
WELL
5
25.00 HR SET JET PUMP AND JET WELL
6
1.00 EA PERFORM BLENDED CHEM. INJECTION
ON WELL
7
24.00 HR AIRLIFT WELL TO REMOVE BAC'T
DEBRIS
8
8.00 HR DISASSEMBLE PUMP & MOTOR; TEAR
DOWN PUMP
AND INSPECT ALL COMPONENTS.
INSPECT AND TEST
MOTOR, PHOTOGRAPH AND SUBMIT
CONDITION TO CITY
WITH RECOMMENDATIONS.
9
1. 0 0 HR
PERFORM POST SPEC. CAP. TEST ON
WELL
laC
1. 00 EA
PERFORM FINAL PUMP & WELL
PIIRr.I-lA~INC:;
EXTENDED
UNIT COST
cas'I'
600.0000
is U l
140.0000 14 00
1900.0000 1900.00
1800.0000 180 .00
135.0000 331 00
750.0000 c:;r" 00
135.0000 324 00
85.0000 ,c. 8 :JO
140.0000
14C.00
500.0000
P.O. TOTAL:
SOl.DO
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091103
DATE: 06/02/09
VENDOR 30
TO: AMPS INC.
7146 HAVERHILL RD
WEST PALM BEACH, FL 33407
SHIP TO:
City of Boynton Beach
EAST WATER PLANT
1620 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
DA TE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561 )742-6310
REQUISITION NO.
49337
ORDERING DEPARTMENT: UTILITIES ADMIN/ME
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
REMARKS:
Rehabilitation - Well 13E
Piggy-back Palm Bay Contract 29-0-2007/SB
PROCUREMENT SERVICES:
P.O. TOTAL:
13125.00
\CCOUNT NO.
406-5000-590.65-02
PROJECT
WTR075
13125.00
PURCHASING
VENDOR 30
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O, BOX 310
BOYNTON BEACH I=LORIDA 33425-0310
~)ATE : I:
, '.0
TO: AMPS INC.
7146 HAVERHILL RD
WEST PALM BEACH, FL 33407
SHIP ':'.'0:
=':;. ty of Boynton Beach
EAST WATER PLANT
1620 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
REQUISITION NO.
49334
DATE NEEDED:
LINE#
ORDERING DEPARTMENT: UTILITIES ADMIN/ME
BID NO:
COMMISSION APPROVED:
1
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
1.00 EA MOBILIZE EQUIP. DEMOBILIZE EQUIP
& RESTORE SITE
2
1. 00 EA
3
1. 00 EA
4
1. 00 EA
5
25.00 HR
6
1. 00 EA
7
24.00 HR
8
8.00 HR
9
1. 0 0 HR
10
1. 00 EA
PROCUREMENT SERVICES:
ACCOUNT NO.
406-5000-590.65-02
600.0000
PERFORM INITIAL SPECIFIC CAP.
TEST ON WELL
'lAO.OOOO
PULL PUMP, MOTOR & EQUIP. FROM
WELL
1900.0000
PERFORM BLENDED ACID INJECTION ON
WELL
1800.0000
SET JET PUMP AND JET WELL
135.0000
PERFORM BLENDED CHEM. INJECTION
ON WELL
750.0000
AIRLIFT WELL TO REMOVE BACT'T
DEBRIS
135.0000
DISASSEMBLE PUMP& MOTORi TEAR
DOWN PUMP
INSPECT AND TEST MOTOR.
PHOTOGRAPH AND SUBMIT
CONDo TO CITY.
85.0000
PERFORM POST SPECIFIC CAP. TEST
ON WELL
140.0000
PERFORM FINAL PUMP & WELL
DISINFECTION
500.0000
P.O. TOTAL:
PI JRr.HASING
EXTENDED
COST
~n( Ci()
14C
(" ,-,
.vv
1900.00
l8De C,O
',:1'7", CO
'""l::, .00
324c Of)
;; 8 C, [>
:_4(.0'2
~~C' ,OD
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091102
DATE: 06/02/09
VENDOR 30
TO: AMPS INC.
7146 HAVERHILL RD
WEST PALM BEACH, FL 33407
SHIP TO:
City of Boynton Beach
EAST WATER PLANT
1620 S. SEACREST BLVD.
BOYNTON BEACH, FL 33435
DA TE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561)742~G31O
REQUISITION NO.
49334
ORDERING DEPARTMENT: UTILITIES ADMIN/ME
LINE#
QUANTITY DOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
REMARKS:
Rehabilitation - Well 14E
Piggy-back Palm Bay Contract 39-0-2007/SB
PROCUREMENT SERVICES:
P.O. TOTAL:
13125.00
.CCOUNT NO.
406-5000-590.65-02
PROJECT
WTR075
13125.00
PURCHASING
,/
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH FLORIDA 33425-0310
~~ 2
:)ATE: (
VENDOR 2451
TO: ADD EN FURNITURE
C/O WORKPLACE SOLUTIONS
104 FIRST ST. NW
HILDEBRAND, NC 28637
SHIP TO:
_~l-='/ of Boynton Beach
FIRE STATION NO. 5
2080 HIGH RIDGE ROAD
BOYNTON BEACH, FL 33426
DATE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
49446
ORDERING DEPARTMENT: AMY - FIRE RESCUE
EXTENDED
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
COST
1
17.00 EA ADDEN PLATFORM BED 82-1/4"W X
38"D
Tag: 141-157
BED/STOR
*-(3) DOORS w/ HANDLES
*-LOCKING
*~FINISH STAIN TO MATCH
*-VIOLIN FIGURED ANNIGRE
*-SEE DRAWING DETAIL
*-MATTRESS NOT INCLUDED
VENDOR ITEM NO.- RM08
749.8300
12;4~ .'
2
1.00 EA ADD EN FREIGHT
VENDOR ITEM NO.- FREIGHT
1942.5000
.d4./ '50
REMARKS:
Piggy-back GSA Contract no. GS-27F-0003V.
Drawing is attached.
PROCUREMENT SERVICES:
P.O. TOTAL:
14689.61
ACCOUNT NO.
305-4118-580.64-16
PROJECT
14689.61
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091174
DATE: 06/30/09
VENDOR 4598
TO: CDW GOVERNMENT INC.
230 NORTH MILWAUKEE AVE
VERNON HILLS, IL 60061
SHIP TO:
City of Boynton Beach
FIRE STATION NO. 5
2080 HIGH RIDGE ROAD
BOYNTON BEACH, FL 33426
REQUISITION NO.
49538
ORDERING DEPARTMENT: AMY - FIRE RESCUE
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
(561 )742-631 0
DATE NEEDED:
BID NO:
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
20.00 EA CABLE DROPS FOR WIRELESS NETWORK
SYSTEM
Open market item.
125.0000
2500.00
2
20 . 00 EA ACCE$S PO!NT MOUNTS
44.0000
880.00
3
16.00 EA IN$1'}\IilJATION (HOURLY RATE)
l85.0000
2960.00
4
2.00 EA C!$COAP +142 PROMO ECO-PK
. N~~i6nal IPA TECH Solutions
. . qontract number
... .()~$O 5 2 .
... VENDOR ITEM NO. - 1640661
..7+()Q~ 0000
14200.00
5
1.00 EA . C:I;SCO 4400 SERIES WLAN
CONTROLLER
N%tional IPATech Solutions
COJjtract #083052..
'\.I'ENDOR ITEM NO.-806949
9400.0000
9400.00
6
3.00 YR CISCO SMARTNET 8X5XNBD WARRANTY
COVERING
the 4400 series WLAN controller.
Quantity 3 for a
3 year Smartnet warranty coverage.
Florida state Contract
#250-000-09-1.
VENDOR ITEM NO. - 978872
1000.0000
3000.00
7
20.00 EA CISCO PWR INJECTOR 1250- SERIES
SPARE
100.0000
2000.00
PROCUREMENT SERVICES: P.O. TOTAL:
ACCOUNT NO. Florida state contract
305-4118-580.62-01 #250-000-09-1.
PIIJ:U'I.H~~INn
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH. FLORIDA 33425-0310
"
DArrE:
I r ~
" 'j
VENDOR 4598
TO: CDW GOVERNMENT INC.
230 NORTH MILWAUKEE AVE
VERNON HILLS, IL 60061
.:3HIP TO:
:'ity of Boynton Beach
FIRE STATION NO. 5
2080 HIGH RIDGE ROAD
BOYNTON BEACH, FL 33426
DA TE NEEDED:
BID NO:
COMMISSION APPROVED:
REQUISITION NO.
49538
ORDERING DEPARTMENT: AMY - FIRE RESCUE
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
VENDOR ITEM NO.- 1347893
8
6.00 YR
CISCO Si".iARTNET 8X5XNB1) WARRAN"TY
COVERS
the (2) 1142 APs. Quoted as a
<Illanti.ty of 6 for 3
years on each device.
National IPA Tech Solutions
Contract #083052.
VENDOR ITEM NO.- 1636815
100.0000
6D . DC;
REMARKS:
Fire Station SIEOC Wireless Access Point.
PROCUREMENT SERVICES:
P.O. TOTAL:
35540.00
ACCOUNT NO.
305-4118-580.62-01
35540.00
PURCHASE ORDER
CITY OF BOYNTON BEACH, FLORIDA
PROCUREMENT SERVICES DEPARTMENT
100 EAST BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORIDA 33425-0310
P.O. #: 091175
DATE: 06/30/09
VENDOR
10833
TO: TALLEY WALKER SERVICES, INC.
5208 PALM WAY
LAKE WORTH, FL 33463
SHIP TO:
City of Boynton Beach
ENGINEERING DEPARTMENT
100 E. BOYNTON BCH. BLVD.
BOYNTON BEACH, FL 33435
DATE NEEDED:
BID NO:
I COMMISSION APPROVED:
INQUIRIES REGARDING
PURCHASE ORDER CALL
1561 )742-631 0
REQUISITION NO.
49596
ORDERING DEPARTMENT: ENGINEERING/GM/RC
LINE#
QUANTITY UOM ITEM NO. AND DESCRIPTION
UNIT COST
EXTENDED
COST
1
13180.00 DL BRIDGE REPAIRS- ID 935307 EAST
AND 935308 WEST
on Gateway Blvd.
includes furnishing all tools,
ma t er:ial s)a:nd . ..
supPJ.ie s)Al So inci udedis t:he
p@##9:Pm~r.ce Qf.....
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. incidentals
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13180.00
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$tidge located on Gateway Blvd. (EB & WJ3J
.~ntersection E+4 Canal 0.3 miles eastofdongress
Avenue. Scope.of Work as provided by Engineering.
George Mantell, project Manager.
PROCUREMENT SERVICES:
P.O. TOTAL:
13180.00
.CCOUNT NO.
302-4906-541.63-22
PROJECT
TR0903
13180.00
PURCHASING
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CITY OF BOYNTON BEACH
REQUEST FOR PURCHASE OVER $10,000
Date~ 24-Jun-09
Requesting Department: PW/Engineering
Contact Person: George Mantell
Explanation for Purchase:
Bridge Repairs- ID #935307 east and ID 935308 west on Gateway Blvd
I Recommended Vendor Talley Walker Services
I Dollar Amount of Purchase $13,180.00
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:
NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract.
Fund Source for Purchase:
Acct #302-4906-541-63-22 TR0903
IAPprovals:
Department Head
Purchasing Agent
Asst City Manager
City Manager
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VI.-CONSENT AGENDA
ITEM H.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
o A ril21, 2009
o 5,2009
o 19,2009
o June 2, 2009
o June 16, 2009
o Jul 7,2009
~ Ju121,2009
o Au ust 4, 2009
Jul
Jul
0 AnnouncementslPresentations 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: Accept quarterly report from the City of Boynton Beach Green Sustainability Team for April 2009
through June 2009.
EXPLANATION: Final recommendations of the Green Task Force Initiatives that can be implemented internal to the
organization have been moving forward, and all initiatives that would have fiscal andlor economic impact to the city and
community are being brought before the Commission for policy direction within the content of the quarterly report.
PROGRAM IMPACT: This report provides summaries of all projects and initiatives completed within the quarter,
underway and in the planning stage. There is also summary information regarding the Green Community Alliance
FISCAL IMPACT: All initiatives in the 04/09 - 06/09 quarterly report have been achieved within existing budget
constraints by changing existing practices, procedures and criteria to reflect environmental and sustainable best practices.
This does not include those Capital Improvement Projects that have already been approved in the CIP budget, or those
projects for which staff is actively pursuing grant and stimulus funding. Any CIP projects and those requiring funding are
identified in the report.
ALTERNA TIVES: 1.) Not to accept quarterly report; 2.) Accept quarterly report and allow staff to continue with the
development of a long-term environmental improvement plan; 3.) Accept quarterly report and provide staff with specific
direction on any project contained in the quarterly report or Green Task Force recommendations.
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Assistant to City Manager U1;/,-,
City Attorney I Finance
Department Name
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City of Boynton Beach
Sustainability Team
April '09 - June '09 Quarterly Report
July 21,2009
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At the October 7,2008 City Commission meeting, the Mayor and City
Commissioners unanimously agreed to accept the final recommendations of the
Commission appointed Green Task Force, and to allow City staff to continue
working on the development of a long-term environmental improvement plan to
reduce carbon emissions. Under the direction of the City Manager's Office, the
Green Sustainability Team is comprised of the original eight (8) members of the
Green Task Force, and additional staff city-wide, to create a dynamic,
interdepartmental work group.
As requested, internal initiatives that can be implemented by City staff have been
moving forward, and all initiatives that would have fiscal and/or economic impact
to the city and community are being brought before the Commission for policy
direction. The Sustainability Team is committed to providing the City
Commission with quarterly reports on all projects and initiatives underway and in
the planning stage. It is staff's desire to inform and educate, give status reports
and answer questions, and receive direction from the Commission.
Please accept this quarterly report for April 2009 through June 2009 from the
Sustainability Team. City staff will provide any additional information at the
request of the City Commission.
UTILITIES DEPARTMENT
The student intern from Florida Atlantic University completed his internship in
April 2009 and is no longer assisting with the City's greenhouse gas emissions
(GHGE) inventory. Since his departure, the Utilities Department has coordinated
with the Development Department and the Planning & Zoning Department to
share the workload for completing the data collection and GHGE inventory for the
City's governmental operations. (GTF Recommendations)
The Utilities Department continues to evaluate the efficiencies of pumps and
motors at the Utilities' water treatment plants, lift stations, and wells. Through
upgrades to the radio telemetry system, additional information is now relayed
from remote stations in the field to the central Supervisory Control and Data
Acquisition (SCADA) system which allows for more detailed analysis of operating
parameters such as power usage, amperage draw, and pump run times. (GTF
Recommendations - Water Utilities Initiative # 3)
Construction of Phase 1A and 1 B of the reclaimed water system improvements is
complete, and the Utilities Department is working on final closeout of the project
with the contractor. The City's Memorial Park Cemetery is now using reclaimed
water for irrigation. Additional City facilities and other large users will be added in
the near future. (GTF Recommendations - Water Utilities Initiative # 1)
Construction is underwa~ for utilities improvements along SE 4th Street from
Ocean Avenue to SE 12 h Avenue. The improvements include the construction of
a reclaimed water main along SE 4th Street, which will serve as a connector to
the pipelines installed under the Phase 1 B contract. (GTF Recommendations-
Water Utilities Initiative # 1)
The Utilities' Customer Relations Division continues to work on ongoing initiatives
to promote the Online Bill Pay program and increase participation by the City's
utility customers. Currently, customers can pay their bills by automatic bank
draft, and Customer Relations is working with HTE's capabilities to allow online
credit card or debit card payments and eliminate the mailing of paper bills for
customers who pay online. These initiatives will decrease the carbon footprint for
the City by reducing the VMT's (Vehicle Miles Traveled) of citizens that would
normally drive to City Hall to pay their bills. It also reduces the amount of paper
generated and staff time associated with the processing of a paper billing
system. Customer Relations is working with the Public Affairs Director to
advertise Online Bill Pay on BBTV and message on hold. Information will also be
printed on utility bills. This is an ongoing program. (GTF Recommendations-
Water Utilities Initiative # 5)
PUBLIC WORKS
Solid Waste
The Solid Waste Division held a second Electronics Recycling event for all
residents on June 8th thru June 20th. Residents were encouraged to place
electronic items such as old televisions, VCR's, Personal Computers, Printers
and Cell Phones at the curb. Approximately 200 items were collected to include
40 televisions, 15 monitors and assorted other items. All collected items were
taken to the Solid Waste Authority for recycling purposes.
(GTF Recommendation - Climate Action Plan Program)
RECREATION AND PARKS
Recreation and Parks are currently working with the Utilities staff to determine
the appropriate testing for water quality as part of their Parks Sustainability
Analysis (which will test for water quality, air quality, habitat quality and quantity
and climate change). A consultant has been identified to assist with air quality
testing. The habitat quality and quantity measures are currently being developed
and testing should begin in July '09.
2
The Integrated Pest Management Program has begun and data is currently being
collected. (GTF Recommendation - Rec/Parks Initiative # 3)
The Palmetto Greenway Extension and Barton Greenway are at 90% completed
design. Plans have been sent to south Florida Water Management District and
the Florida Department of Transportation for review. Both projects are fully
funded by FOOT and will become non-motorized routes that will connect
Palmetto Greens Park, Wilson Park, Barton Park, Galaxy Park, Poinciana
Elementary School and Galaxy Elementary School. Children and adults will be
able to use these corridors to walk or bike to these destinations without having to
complete with vehicular traffic. (GTF Recommendation - Rec/Parks Initiative # 6)
Maintenance of the Certified Wildlife HabitaFM at the Art Center is on-going, and
local wildlife continues to congregate and thrive in their newly created
environment. Residents, staff and the children at the Art Center all enjoy the
natural flora and fauna. (GTF Recommendation - Climate Action Plan Program)
HUMAN RESOURCES
Two (2) Sustainability Team members, Assistant Director of Development Nancy
Byrne and Urban Forester/Environmentalist Kevin Hallahan are scheduled to
attend a "Deliver High Performance Presentations" class presented by Bach
Training and Development Corp. as part of a "train the trainer" program.
The class will be hosted by the City of West Palm Beach and is a joint
partnership between West Palm Beach, Boca Raton, Jupiter, Palm Beach
Gardens and Boynton Beach. The class is scheduled for Wednesday, August
26, 2009, and Tuesday, September 1, 2009. Subsequent to attending the
training Nancy and Kevin plan to partner with Community Alliance Team
members to design and present a workshop regarding green initiatives for all
employees Citywide. This training is a follow-up to the survey taken at the City's
Wellness Fair in which 83% of the employees expressed an interest in attending
a workshop on "greening".
INFORMATION TECHNOLOGY SERVICES (ITS)
Server Virtualization -
Quarterly status update: Six servers have been converted to a virtual
environment. Hardware previously used to run these servers has been powered
off and disconnected.
ITS plans to reduce our data center cooling and energy costs by converting a
total of 14 physical servers to our VMware virtual environment, which is managed
using three physical servers. Each of the converted servers will be powered off
and eventually decommissioned.
Overview: Another project for the reduction of electrical power consumption for
servers through the implementation of "virtualization" software is underway in the
early stages. Anticipated completion during 2009. (GTF Recommendations -
City-Wide Initiatives # 6)
Duplex Printing -
Quarterly status update: Testing is underway to deploy all 26 Konica-Minolta
MFPs as default workgroup printers located throughout City departments.
Overview: ITS has successfully implemented the Konica-Minolta (K-M)
printer/photocopier as the default duplex printing method for their department. A
project plan is in place to configure the City's 26 K-M printers to be utilized as
workgroup default printers and H.T.E. default printers city-wide. (GTF
recommendations - City-Wide Initiatives # 4)
Power Management and Conservation -
Quarterly status update: Unchanged since most recent report
Overview: The ITS Department has performed preliminary testing within their
department for the reduction of electrical power consumption for PCs through the
use of a centralized power management setting ("power-off' or "standby" when
inactive). Currently an interdepartmental pilot group comprised of various
employees is being identified to participate in a city-wide pilot project, prior to full
implementation of this power-saving procedure. (GTF Recommendations - City-
Wide Initiatives # 5)
Electronic Agenda -
Quarterly status update: E-Agenda software has been installed and tested.
Staff training is scheduled to be completed by the end of August 2009.
Overview: On December 16, 2008 the City Commission approved the purchase
and contract of electronic agenda software from R&S, Inc. Once the contract
agreements have been finalized, ITS, City Clerk and City Manager staff will begin
Phase I of customizing the work flow process. (GTF Recommendations - City-
Wide Initiatives # 4)
COMMUNITY ALLIANCE
On June 1,2009, the first meeting of the Community Alliance was held at the
Intracoastal Park Clubhouse. A total of 12 Community Alliance members, 9
residents and 15 staff members attended. From the attending group, five (5)
separate sub-teams were created to address the Green Task Force initiatives
approved by the City Commission. The sub-teams are as follows:
· Renewable/Alternative Energy & Fuel/Utility
· Sustainable Construction
· Land Use/Landscaping and Irrigation (LUll)
· Education
· Transportation
4
Renewable/Alternative Energy & Fuel/Utility Sub-Team
To date, the sub-team has researched and discussed the following topics:
· Alternative fuels for the City's existing vehicle fleet.
· Energy performance contract language for inclusion in Requests for
Proposals (RFP) issued by the City.
· Potential partnerships with Energy Service Companies (ESCO) to meet
energy reduction goals.
· Identifying opportunities for solar/photovoltaic technology where a demand
for manufacturing exists in order to develop an economic incentive
program to attract green business to Boynton Beach.
The sub-team also plans to coordinate with the City's Procurement staff and the
Sustainable Construction and Transportation sub-teams in order to develop final
recommendations on the above topics to the Community Alliance at the July 2ih
meeting.
Sustainable Construction Sub-Team
The sub-team is currently defining the goals and objectives for a Green Building
Program. They are identifying and evaluating:
· Best practices for existing green building programs in other counties and
municipalities.
· Construction trends and community specific conditions.
· Government mandates that may affect green building (Building & Utility
regulations).
· Local existing green infrastructure (water reuse).
· Availability of local green building products and materials.
· Current Departmental programs and concerns of the Building Department
· Strategies to support program goals.
The sub-team is also reviewing the feasibility of incentives such as tax
abatement, bonus density, expedited permitting enhancements, fee reduction
and grants to include fee subsidization.
land Use/ landscaping and Irrigation (lUll) Sub-Team
The sub-team is currently identifying and evaluating:
· Site Development issues such as inappropriate sites or portion sites,
development density & community connectivity, maximizing open spaces
and green power.
· Stormwater designs to promote infiltration, vegetated roofs, constructed
wetlands with Iitoral plantings, rain gardens and cistern systems, and
permeable paving.
· Water efficient landscapes & irrigation systems.
· Site light and site energy use reduction.
· Nontoxic pest prevention and control.
.:;
The sub-team is also reviewing the feasibility of a Sustainable Overlay District
concept and Tree Canopy survey. They are looking to coordinate with the
Sustainable Construction sub-team on incentives for green development and the
Transportation sub-team on telecommuting.
Education Sub-Team
The Education Sub-Team is unique from the other sub-teams in that they will be
tasked with educating the community on issues and programs being brought
forward by the other sub-teams. To date, the education sub-team has been
discussing methods of education and information dissemination in all areas of
electronic and print media, local workshops and special events and even through
a speaker's bureau. They are also identifying potential "customers" and target
audiences and researching the best and most efficient ways to reach the
community. The Education Sub-Team is currently working on one project that
was assigned directly from the Green Task Force initiatives; to expand the
current recycling program through consideration of alternative methods and
increasing public awareness.
Transportation Sub-Team
The sub-team is currently working on an opportunities and constraints matrix on
potential internal (staff initiated) and external (community-wide) policies and
programs to reduce reliance on low-occupancy and low-efficiency transportation.
They are also researching:
· Community multi-modal integration strategies.
· Congress Avenue corridor efficiency.
· Transportation system energy use reduction.
· Bike-Pedestrian master planning.
The Transportation Sub-Team is looking for opportunities to work with other sub-
teams on overlapping issues such as telecommuting/teleworking policies and
land use for greenways/bikeways and multi-modal integration.
The next Community Alliance full membership meeting will be held on Monday,
July 27, 2009 at 6:00 p.m. at the Intracoastal Park Clubhouse. Dr. Jennifer
Languell, President of the Florida Green Building Coalition; Bill Lites, Chair of the
FGBC's Green Development Standards Committee; and Robert Cannellos, Vice
President of the South Florida Chapter of the United States Green Building
Council, will be the featured speakers at the meeting. They will give informative
presentations regarding Green Development Standards and Neighborhood
Development Standards to educate Green Community Alliance members and the
public. Dr. Languell holds a PhD in Sustainable Construction and is featured in
the Discovery Channel's Project Earth series. Bill Lites, who specializes in Urban
Community Planning and Design at the environmental group Glatting, Jackson in
Orlando, is Leadership in Energy and Environmental Design certified. Robert
Cannellos, who is with the Spinnaker Group, is also LEED certified
6
VI.-CONSENT AGENDA
ITEM I.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7,2009 June 15,2009 June 10, 2009 June 8, 2009
~ July 21,2009 July 6, 2009 July 1, 2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15,2009 July 13, 2009
0 August 18, 2009 AUJ:(ust 3, 2009 July 29, 2009 July 27,2009
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM Ia Consent AJ:(enda 0 Lellal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearinll 0
RECOMMENDATION: Motion to direct staff to cease preparation of bid documents to procure contractual garbage (solid
waste) collection services from private sector businesses.
EXPLANATION: During the City Commission budget meeting on Thursday, July 16, Mayor Taylor commented that, after
recent discussions with private garbage haulers, he had determined that City of Boynton Beach Solid Waste operations were
exceptional and that the monthly cost to the taxpayer was lower than could be provide by private haulers. It was his
preference to maintain in-house collection services. This motion, if passed, will direct staff to cease preparation of bid
documents to procure contractual garbage collection services.
PROGRAM IMPACT: NA
FISCAL IMPACT: NA
ALTERNATIVES: NA
~-
City Manager's Signature
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Department Name
Assistant to City Manager
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City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurernen
Dates Office -
..
0 July 7, 2009 June 15,2009 June 10,2009 June 8, 2009 N
--
0 July 21,2009 July 6, 2009 July I, 2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27,2009
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 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the July 21,2009 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on June 23, 2009, recommended that
the request be approved. Please note the staff report has been revised to include "landscaping modifications", which was
inadvertently excluded from the initial report reviewed by the Board, but was introduced in the staff presentation. For further
details pertaining to this request, see attached Department Memorandum No. 09-027.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Zoning Permits and Verification (CDRV 09-005)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 1,
Article VIII and Chapter 2, Section 4.J to enable the review for issuance of zoning
permits and zoning verifications.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
/
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City Manager's Signature
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Planlling and Zing Director City Attorney I Finance
S:\Planning\SHAREDlWP\SPEC ROJ\CODE REVIEw\CDRV 09.005 Zoning Permit enabling text - Ch 1, Art VIII, See 4\Agenda Item Request Zoning
Permits & Verifica,CDRV 09-005 7-21-09.doe
Assistant to City Manager ~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
20
2]
22
23
24
I
251
26/
271
2811
291
ORDINANCE NO. 09-03 ~
2
3
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER I, ARTICLE VIII,
"DEVELOPMENT REVIEWS", BY ADDING A NEW SUB-
SECTION 4, "REVIEW OF ZONING PERMITS AND FOR
ZONING VERIFICATION" TO ENABLE THE REVIE\'"
FOR ISSUANCE OF ZONING PERMITS AND ZONING
VERIFICATIONS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
4
5
6
7
8
9
]0
11
12
13
]4
WHEREAS, Chapter 1, of the Land Development Regulations is labeled '.(,eneral
15
Provisions" and principally includes the rules of construction for the Land Development
]6
Regulations, definitions and descriptions of procedures such as appeals. development revievv.
J7
administrative adjustments and Notice of Intent; and
] 8
WHEREAS, these amendments will establish enabling provisions for the new Loning
]9
Permit function of the Planning & Zoning Division: and
WHEREAS, this new function includes review of certain improvements or for requests
for written zoning verifications, and is in response to. in part. operational changes recentl:>
made in the Building Division: and
WHEREAS, the City Commission has considered staffs recommendations and reports.
and detennines and finds that it would be appropriate to amend the Land Devclopment
Regulations to reflect this addition; and
WHEREAS, the City Commission finds that the adoption of this ordinance JS in the
best interest of the health, safety. and welfare of the citizens and residents of the City ()j
Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
i I
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! ~,CA,()rdinanecs\1 DR Changes\Amend I DR CI1 1 See..j IRnlc" Or/Ofllf1i' pc Jl1ll ts I doe
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THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
3 and confirmed by the City Commission.
4 Section 2. Chapter 1, Article VIII, "Development Reviews" of the Land
5 Development Regulations of the City of Boynton Beach Code of Ordinances is hereby amended
6 by adding section 4 as follows:
7
8 Section 4. Review of zoning permits and for zoning verification
9
lOA. Scope
II
12
13
14
15
16
17 B. Applicability
18 The following requests or improvements do not require a building permit but do require a
19 zoning permit or verification. Such improvements or requests include but may not be limited to
20 the following:
21 1. Accessory buildings (limited to one) in conjunction with a principal residential
22 structure/use and not exceeding 100 square feet, including open air structures such as
23 gazebos, and chickee huts exempt from building permit requirements based on
24 exemption criteria of Florida Statutes (the size limitation does not apply to said chickee
25 huts);
26 2. Animal enclosures;
27 3. Fences on residential property (single-family, two-family. and single-family attached
28 if fee-simple ownership) up to 6 feet high (unless used as a barrier around a pool. spa, or
29 rooftop equipment);
30 4. Impervious surfaces such as drivewavs, patios and sidewalks, regardless of surface
31 material (pavers, asphalt concrete ), excluding required handicapped accessible routes,
32 reinforced concrete pads connecting with an existing building to be used as a slab for
33 future building additions, and framed decking improvements. The addition of all such
34 impervious improvements that exceed 800 square feet must comply with Chapter 6, Art.
35 IV, Sec. 5.AA. of these Land Development Regulations;
- 2-
S'ICAIOrdmaneesILDR ChangeslAmend LDR CH I See 4 (Review of zoning pennits).doe
5. femporary signs (less_1ban_~J~~_lt_and lU~et high) ~and temporan banl1t:r~t~ht'
:2 sl~ns:
3 6. Sign refacing (only \:hanging sign COPy):
4 7. Minor landscape modifications (including modification of existing. irri2.ation s\ stems
5 not involving electrical wiring); and
6 8. Requests for written verification of zoning district or application _ilL Land
7 Development Regulations in general or to a specified property.
8 Any improvement that also includes any electrical, plumbing or other elements that are
9 subiect to the Florida Building Code, shall require a building permit and the review that
10 would have been conducted as part of the zoning pelmit process will occur as part of the
II review of the building permit,
12 C. Administration
13 The Planning & Zoning Director or designee is responsible for the administration of the zoning
14 permit and verification processes, including the coordination with other departments_l2r
15 divisions that would participate in said reviews.
16
17 D. Application requirements. process and fees
18 The minimum filing requirements and processes for verification. application re\iew and
19 certification of completion shall be established by the Planning & Zoning Division. All
20 applications required by this section shall be available in the Planning & Zoning Division and
21 through the city's web site. Fees required for processing requests described in this section shall
22 be approved by resolution and are modified from time to time.
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.c.)
24 E. Expiration of zoning permits
25 A zoning permit is valid for 6 months from the date of issuance. excluding temporary signs and
26 banners. If construction of the improvement covered bv the zoning pefilit has not commenced
27 within 6 months from the date of issuance. the zoning permit shall expire and be cancelled with
28 written notice to the applicant. An extension of the pefilit for a period up to 60 days may b~
29 requested in writing by the applicant if received bv the Division prior to pefilit expiration. The
30 fee for requesting a pefilit extension shall be approved bv the Citv Commission 2!.nd mav bl,?
31 modified from time to time.
321
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341
Section 3.
Each and every other provision of the Land Development Regulations
35 not herein specifically amended, shall remain in full force and effect as originally adopted.
36
Section 4.
All laws and ordinances applying to the City of Boynton Beach 111
S 'CA \Urdinances\LDf{ Changes\Amend LDR CH I See 4 (Review (\f Zl1nlll~ permIts I du(
conflict with any provisions of this ordinance are hereby repealed.
2
Section 5.
Should any section or provision of this Ordinance or any portion thereof
3 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
4 remainder of this Ordinance.
5
Section 6.
Authority is hereby given to codify this Ordinance
6
Section 7.
This ordinance shall become effective immediately.
7
FIRST READING this _ day of
,2009.
8
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
9
10
I]
12
13
14
15
16
17
18
19
20
2]
22
23
24
25
26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
3] City Clerk
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
"7
.)~
33
34
35 (Corporate Seal)
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S:\CA\Ordinanees\LDR Changes\Amend LDR CH ] See 4 (Review of zoning permits).doe
ORDINANCE NO. 09-033
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 4J "OTHER
STRUCTURES", TO ESTABLISH A MINIMllM
SETBACK FOR DRIVEWAYS AND OTHER SIMILAR
IMPERVIOUS SURVACES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
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WHEREAS, there is currently no setback standard applicable to drivev"ays and other
such impervious surfaces; and:
WHEREAS, staff is recommending a standard to maximize the on-site retention of
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stormwater run-off and to separate the surface improvements from the water-related
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improvements, expand upon the surface improvements to include driveways and the related
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standard: and
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WHEREAS, the City Commission has considered staff s recommendations and reports
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and determines and finds that it would be appropriate to amend the Land Development
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Regulations to reflect this addition: and
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WHEREAS, the City Commission tInds that the adoption of this ordinance i-; in the
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best interest of the health. safetV'" and welfare of the citizens and residents of the Cit\ 01
Boynton Beach.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing whereas clauses are true and correct and are no'0. ratitied
and confirmed by the City Commission.
Section 2.
Chapter 2, Section 4.1, "Other Structures" of the Land Development
Regulations of the City of Boynton Beach Code of Ordinances is hereby amended as l"ollows:
S.\CA',Ordmances\LDR Changes'Amend LDR ('II 2 Si'F 4.1 (improvements I doc
2 1. OTHER STRUCTURES AND IMPROVEMENTS. To further clarify the definition of
3 structure as applied to all districts and boundaries, the following shall apply except that comer
4 lots shall be regulated by other parts of this ordinance. The following structures and
5 improvements shall be permitted in front, rear or side setbacks as provided in this ordinance, in
6 any zone, except where so noted, and agency authorization shall be required for placement in
7 easements taking into consideration existing easements:
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10 15. Open terraces, including walbvays, unenclosed decks and slabs, natural plant
II landscaping and Daocks, with or without canopy. Docks projecting into waterway owned by a
12 different property owner than the owner of the dock shall require prior approval at time of
13 permitting from the owner of the waterway. In addition, the dock, all mooring piles, groins,
14 seawalls, jetties, revetments, or similar structures and facilities related thereto, shall not extend
15 further into the waterway than 1/4 of the width of the waterway for private or commercial
16 docking and mooring facilities.
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27. Driveways, open walkways (including poured concrete, pavers, or the like),
terraces, unenclosed decks and slabs provided that driveways and other poured surfaces are
setback a minimum of 2 feet from the property line (unless a lesser setback is approved as part
of an overall site plan or master plan). The addition of all such impervious improvements that
exceed 800 square feet must also comply with Chapter 6, Art. IV, Sec. 5.A.4. of the Land
Development Regulations.
28. Natural plant landscaping.
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Section 3.
Each and every other provision of the Land Development Regulations
34 not herein specifically amended, shall remain in full force and effect as originally adopted.
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Section 4.
All laws and ordinances applying to the City of Boynton Beach 111
36 conflict with any provisions of this ordinance are hereby repealed.
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Section 5.
Should any section or provision of this Ordinance or any portion thereof
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S\CA\Ordinances\LDR Changes\Amend LDR CH 2 SEe 4J {improvements).doe
be declared by a court of competent .1unsdictlo!1 to be lJ1\alid, sLlch decIsion shall not ;lIkcl tl1,
2 remainder of this Ordinance,
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Section 6.
Authority is hereby given to codify this Ordinance
Section 7.
This ordinance shall become effective immediately,
FIRST READING this
day of
,2009.
day of
SECOND, FINAL READING AND PASSAGE this
,2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor- JelT)' Taylor
Vice Mayor -- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(C orporate Seal)
S \l'A\Urdinances\LDR Changes\Amend LDR CH ~ SEC 4.1 (improvementsJ.uoc
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
Memorandum PZ 09-027 (Rev.)
TO:
Chair and Members
Planning & DeveloAmew
Michael W. Rump~ ~,
Director of Planning and Zoning
FROM:
DATE:
May 15,2009
SUBJECT:
Zoning Permits - Code amendments enabling the review for issuance of zoning permits and
verifications. (CDRV 09-005)
LDR Ch. 1, Art. Vill, Sect. 4. Review of zoning permits andfor zoning verification (NEW)
Interim amendments to LDR
NATURE OF REQUEST
Staff proposes amendments to the Land Development Regulations to establish enabling provisions for the new
Zoning Permit function of the Planning & Zoning Division. This new function includes the review of certain
improvements or for requests for written zoning verifications, and is in response to, in part, operational
changes recently made in the Building Division. Such changes include phasing-out the processing of permits
for improvements that are not regulated by the Florida Building Code. Improvements included in this new
process include animal enclosures, driveways and other concrete surface improvements, fences, accessory
buildings, and temporary signs and banners. Whereas previously the Building Division had the lead in
processing such reviews and approvals, the Planning & Zoning Division is now administering these reviews
including the necessary coordination with other required reviewers such as the Engineering Division. The fees
to correspond with the review of these improvements will be proposed to the City Commission as a concurrent
amendment to the overall fee schedule.
BACKGROUND
Until recently, the application of many zoning and other regulations for minor improvements to residential
property took place as part of a joint review of building permits as administered by the Building Division. As
part of a process to limit the building permit review and inspection functions to improvements regulated by the
Florida Building Code, processing of the above-described improvements have been transferred to the Planning
& Zoning Division. This was a logical shift in responsibility given that such improvements are regulated by
the Zoning Code and other standards within the LDR. To avoid confusion through a seamless transition, the
Planning & Zoning Division immediately began processing such requests with temporary administrative
processes. However, staff is now proposing the necessary amendments to the Land Development Regulations
to enable and formalize this process under the Planning & Zoning Division, As described below, the
amendments will also include some changes to the zoning regulations in connection with improvements in
easements and a minimum side setback for impervious surfaces such as driveways.
PROPOSED AMENDMENTS
The proposed amendments are grouped in two parts. The first group includes those amendments to Chapter 1
of the Land Development Regulations to establish the process through the appropriate enabling sections. The
Page 2
CDRV 09-00:;
second portion contams minor amendments to Chapter 2, Section 4(1) to emphasize the approval necessar;,
when improvements are placed in easements, and a few applicable standards and helpful cross-references.
Chapter 1 of the LDR is labeled "General Provisions" and principally Il1cludes the "rules of construction" for
the LDR, definitions, and descriptions of procedures such as appeals. development reVIew. administratl\T
adjustments and Notice of Intent (Non. The following ne\'.' code text IS proposed to he placed within ArtIe!<
VIII titled "Development Reviews":
LDR, Chapter 1, Section 4. Review of zoning permits andfor zoning verification (NEW)
A. Scope
This section contains the procedures required for issuance of zoning permits and zoning verification letters.
Zoning permits and verification reviews are required when a building permit is not required, but when certain
improvements are to be reviewed for compliance with applicable zoning regulations or other standards within the
city's Code of Ordinances. Verification reviews may also be conducted to research a request for written
information regarding zoning or the City's Land Development Regulations.
B. Applicability
The following requests or improvements do not require a building permit but do require a zoning permit or
verification. Such improvements or requests include but may not be limited to the following:
1. Accessory buildings (limited to one) in conjunction with a principal residential structure/use and not
exceeding 100 square feet, including open air structures such as gazebos, and chickee huts exempt from
building permit requirements based on exemption criteria of Florida Statutes (the size limitation does not
apply to said chickee huts);
2. Animal enclosures;
3. Fences on residential property (single-family, two-family, and single-family attached iffee-simple
ownership) up to 6 feet high (unless used as a barrier around a pool, spa, or rooftop equipment);
4. Impervious surfaces such as driveways, patios and sidewalks, regardless of surface material (pavers,
asphalt, concrete), excluding required handicapped accessible routes, reinforced concrete pads connecting
with an existing building to be used as a slab for future building additions, and framed decking
improvements. The addition of all such impervious improvements that exceed 800 square feet must comply
with Chapter 6, Art. IV, Sec. 5.A.4. of these Land Development Regulations;
5. Temporary signs (less than 32 sq. ft. and 6 feet high) and temporary bannerslfabric signs;
6. Sign refacing (only changing sign copy);
7. Minor landscape modifications (including modification of existing irrigation systems not involving
electrical wiring); and
8. Requests for written verification of zoning district or application of Land Development Regulations ill
general or to a specified property.
Any improvement that also includes any electrical, plumbing or other elements that are subject to the
Florida Building Code, shall require a building permit and the review that would have been conducted as
part of the zoning permit process will occur as part of the review of the building permit.
C. Administration
The Planning & Zoning Director or designee is responsible for the administration of the zoning permit
and verification processes, including the coordination with other departments or divisions that would
participate in said reviews.
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CDRV 09-005
D. Application requirements, process and fees
The minimum filing requirements and processes for verification, application review and certification of
completion shall be established by the Planning & Zoning Division. All applications required by this
section shall be available in the Planning & Zoning Division and through the city's web site. Fees required
for processing requests described in this section shall be approved by resolution and are modified from
time to time.
E. Expiration of zoning permits
A zoning permit is valid for 6 months from the date of issuance, excluding temporary signs and banners. If
construction of the improvement covered by the zoning permit has not commenced within 6 months from
the date of issuance, the zoning permit shall expire and be cancelled with written notice to the applicant.
An extension of the permit for a period up to 60 days may be requested in writing by the applicant if
received by the Division prior to permit expiration. The fee for requesting a permit extension shall be
approved by the City Commission and may be modified from time to time.
The "Applicability" section includes both the list of improvements to be reviewed as a zoning permit, as well
as important standards or cross-references. A zoning permit would be valid for 6 months, and can be extended
through a proper and timely request. Also notable is the inclusion of the zoning verification process which is
used both when responding to a request for written zoning information, and as the approval medium for those
chickee huts exempt from the building permit process. Having the verification mechanism included in this
section, it can easily be used to approve other simple improvements from the above list that are subject to very
few standards and require minimal time to process. This equates to a relatively low approval fee for the public.
The second portion of the amendments includes a few changes to Chapter 2. Zoning, mainly to establish a
minimum setback for driveways and other similar impervious surfaces. There is currently no setback standard
applicable to such improvements; however, staff recommends such a standard to maximize the on-site
retention of stormwater run-off. Item #15 below is being modified to separate the surface improvements from
the water-related improvements, and expand upon the surface improvements to include driveways and the
related standard. The subject amendments are indicated below within excerpts from subsection 4.1, as
indicated by the underlined and crossed-out text:
LDR, Chapter 2, Section 4.J. OTHER STRUCTURES AND IMPROVEMENTS
(See Exhibit "A" for the current version of Section 4.1 in its entirety)
J. OTHER STRUCTURES AND IMPROVEMENTS. Tofurther clarify the definition of structure as
applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated
by other parts of this ordinance. The following structures and improvements shall be permitted in front,
rear or side setbacks as provided in this ordinance, in any zone, except where so noted, and af!encv
authorization shall be required for placement in easements taking into c8nsitlcmti8n existing e/Lsemcnts:
15. Open teI'YIlCeS, inchltlillg wlllklyays, Jtnenel8setl declcs /Lila slabs, nllturlll plant lantlsettping
tHHl- Dtlocks, with or without canopy. Docks projecting into waterway owned by a different property owner
than the owner of the dock shall require prior approval at time of permitting from the owner of the
waterway. In addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar
structures and facilities related thereto, shall not extend further into the waterway than 1/4 of the width of
the waterway for private or commercial docking and mooring facilities.
26. Drivewavs. open walkwavs (includinf! poured concrete. pavers. or the like), terraces,
unenclosed decks and slabs provided that drivewavs and other poured surfaces are setback a minimum of 2
feet from the propertv line (unless a lesser setback is approved as part of an overall site plan or master
plan). The addition of all such impervious improvements that exceed 800 square feet must also complv
with Chapter 6. Art. IV. Sec. 5.A.4. of the Land Development Regulations.
27. Natural plant landscapinf!.
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CDRV 09-005
Although the drainage (alk/a 800 square foot) provisIon as mdicated m Hem #26 above was adopted m .iuh
2007, it is applicable to these minor improvements and therefore should be referenced In th1S section
Improvements such as driveway expansions or patio additions are subject to this drainage standard, yet the
preparations for these minor improvements may not involve a review of Chapter 6 of the LDR, Wh1Ch I'
written more for large-scale, comprehensive physical site improvements. As for new 1tem #27. Natural pian;
landscaping, it is currently combined with other 1mprovements m 11em #1'i and IS hest lsr.]ated as lts ()\\T
listed improvement.
CONCLUSIONSIRECOMMENDA TION
The administrative procedures to process each permit are being finalized, and the enabling regulations W1!l
provide the necessary foundation to support the new zoning permit function. Staff is devoted to establishing
the most efficient and expeditious processes for the zoning permit system. Establishing a simple system is verI
important given the staff observation that the typical permit applicant has been an individual property owner.
in contrast with the professional contractor or permit handler who 15 the principal customer of the building
permit function. Staff recommends that the subject code amendments be approved in conjunction with the
transfer of certain permit responsibilities from the Building Division to the Planning & Zoning Division ;\"
for corresponding amendments to the City's fee schedule, the applicable changes are being processed
concurrently under a proposed resolution for Commission consideration.
Attachments
MR
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CDR V 09-005
EXHIBIT "A"
EXISTING REGULATIONS
LDR, Chapter 2, Section 4.J. OTHER STRUCTURES AND IMPROVEMENTS
J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all districts and
boundaries, the following shall apply except that corner lots shall be regulated by other parts of this
ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this
ordinance, in any zone, except where so noted; taking into consideration existing easements:
1. Fences, hedges and walls shall not exceed eight (8) feet in height, above finished grade, in
residential zones, except that in front setbacks, from the building line forward to the property line, the
maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot
height limitation, in accordance with Chapter 2, Section 4.E., "Visual Obstructions". In Multi-family zones,
the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in
combination with hedge that shall be maintained at height offence). Hedges situated adjacent to golf courses,
golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in
height, above finished grade. When walls or fences are constructed as a part of a subdivision or site plan
approval adjacent to a public right-of-way, consistent with this section, a setback of a minimum of eighteen
(18) inches must be maintained for landscaping purposes.
2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished
grade except in PID and M -1 zones, chain link fences shall be allowed to eight feet height and may be top-ped
by not more than three strands of barbed wire. Hedges situated adjacent to golf courses, golf driving ranges,
interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above
finished grade.
3. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window
and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose connections,
meters, sand boxes, light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable boxes,
electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and
ornamental architectural features shall not overhang or exceed the setback lines for more than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch maximum depth.
6. Private pump housing, and pool/spa equipment, not to exceed three (3) feet in height and not
installed in front yards.
7. Arbors and trellises, provided that there shall be maintained a minimum three (3) foot setback from
property line. In addition, there shall be a maximum height often (10) feet. A greater height will be allowed
if the trellis is an extension of an eave/facia.
8. Permanent or retractable awnings, canopies, storm shutters, marquees or covered walkways
projecting from a building wall over a required yard setback not more than two and one-half (2~) feet, and
having no supports other than provided by the wall or its integral part.
9. Chimneys projecting not more than three (3) feet into the required yard setback.
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('DR\ 09-00:::
10. Fire escapes or unenclosed staIrcases. the rIser of \vhich shall be at least tifty I)I!! percent open.
provided that the vertical projection downward onto a required yard setback shall not project more than 11\,
( 5) feet into, and shall not exceed ten (10) percent of. the area of the required vard ~etback
11. Flagpoles having only one structural ground member. Flags proJecting off of a structure shall nOI
extend beyond the setback line for more than three feet and in no case shall extend beyond the property lme
12. Fountains; provided that nonportable fountains shall not exceed nine (9) feet in heIght, shall be
setback three (3) feet from side and rear property lines and shall occupy no more than 100 square feet.
13. Heating, ventilation and air conditioning units (including compressors and condensers) for smgle.
family or duplex dwellings, provided the exhaust air from such units is directed vertically or away from the
adjacent property line. Heating, ventilation and air conditioning units and intake and exhaust fans for
nonresidential uses shall be set back a minimum of five (5) feet from property line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and
docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the
owner of the dock shall require prior approval at time of permitting from the owner of the waterway. In
addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities
related thereto, shall not extend further into the Vv'atcrvVay than 1/4 of the width of the watt:l~'ay for private or
commercial docking and mooring facilities.
16. Open, uncovered stoops, steps and platforms for the principal building, but not to exceed three
(3) feet in height.
17. Recreational equipment (of the type not requiring a permit) in the rear yard setback in residential
districts.
18. Sculpture or other similar objects of art, provided they meet the same requirements above for
fountains.
19. Signs, subject to the provisions of the sign code.
20. Trees, shrubbery or other objects of natural growth.
21. Wells.
22. Utility, cable and telephone transmission lines and associated structures, such as poles.
23. Basketball goals, provided there is a minimum three (3) foot setback from the rear and side
interior property lines and a minimum fifteen (15) foot setback from front and side street property lines.
24. Light poles having only one (1) structural ground member and portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided they are set back three (3 )
feet from side and rear property lines.
26. Raised planters, provided they are set back three (3) feet from side and rear property lines and
shall have a maximum height of six (6) feet.
All other structures similar to the above shall require applications to the development director.
S:\Planning'.SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-005 Zonmg PerlnIt enabling text - Ch 1. Art VlIl. See 4 staff report - zonmg penn.'
enabling amendments (Rev.l.doc
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CDRV 09-005
EXHIBIT "A"
EXISTING REGULATIONS
LDR, Chapter 2, Section 4.J. OTHER STRUCTURES AND IMPROVEMENTS
J. OTHER STRUCTURES. To further clarify the definition of structure as applied to all districts and
boundaries, the following shall apply except that corner lots shall be regulated by other parts of this
ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this
ordinance, in any zone, except where so noted; taking into consideration existing easements:
1. Fences, hedges and walls shall not exceed eight (8) feet in height, above finished grade, in
residential zones, except that in front setbacks, from the building line forward to the property line, the
maximum height shall be four (4) feet. On corner lots, both road frontages are subject to the four (4) foot
height limitation, in accordance with Chapter 2, Section 4.E., "Visual Obstructions". In Multi-family zones,
the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in
combination with hedge that shall be maintained at height of fence). Hedges situated adjacent to golf courses,
golf driving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in
height, above finished grade. When walls or fences are constructed as a part of a subdivision or site plan
approval adjacent to a public right-of-way, consistent with this section, a setback of a minimum of eighteen
(18) inches must be maintained for landscaping purposes.
2. Fences, hedges and walls in other zones shall not exceed six (6) feet in height, above finished
grade except in PID and M-l zones, chain link fences shall be allowed to eight feet height and may be top-ped
by not more than three strands of barbed wire. Hedges situated adjacent to golf courses, golf driving ranges,
interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above
finished grade.
3. Eaves, cornices, gutters, facia boards, copings, soffits, downspouts, belt courses, window sills, window
and/or door trim, applied finish materials, roof and/or equipment vents, sillcocks, fire hose connections,
meters, sand boxes, light fixtures, hardware, shutters, bay windows, dripcaps, telephone and cable boxes,
electrical risers and outlets, window boxes, thermometers, handrails, condensate drains, shower heads and
ornamental architectural features shall not overhang or exceed the setback lines for more than three (3) feet.
4. Rock gardens.
5. Fish or lily ponds, eighteen-inch maximum depth.
6. Private pump housing, and poollspa equipment, not to exceed three (3) feet in height and not
installed in front yards.
7. Arbors and trellises, provided that there shall be maintained a minimum three (3) foot setback from
property line. In addition, there shall be a maximum height of ten (l0) feet. A greater height will be allowed
if the trellis is an extension of an eave/facia.
8. Permanent or retractable awnings, canopies, storm shutters, marquees or covered walkways
projecting from a building wall over a required yard setback not more than two and one-half (2Yz) feet, and
having no supports other than provided by the wall or its integral part.
9. Chimneys projecting not more than three (3) feet into the required yard setback.
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CDRV 09-005
10. Fire escapes or unenclosed staircases. the nser of which shall be at least fifty (5(Ji percent open.
provided that the vertical projection dovmward onto a required yard setback shall not pro]eCl more than ji, I:
(5) feet into. and sha11 not exceed ten (10) percent oL the area of the n:qlllred varJ setback
11. Flagpoles having only one structural ground member. Flags proJecting off of a structure shall nOl
extend beyond the setback line for more than three feet and in no case shall extend beyond the property hne
12. Fountains; provided that nonportable fountains shall not exceed nine (9) feet in height. shall he
setback three (3) feet from side and rear property lines and shall occupy no more than 100 square feet.
13. Heating, ventilation and air conditioning units (including compressors and condensers) for single-
family or duplex dwellings, provided the exhaust air from such units is directed vertically or away from the
adjacent property line. Heating, ventilation and air conditioning units and intake and exhaust fans for
nonresidential uses shall be set back a minimum of five (5) feet from property line.
14. Mailboxes and newspaper boxes.
15. Open terraces, including walkways, unenclosed decks and slabs, natural plant landscaping and
docks, with or without canopy. Docks projecting into waterway owned by a different property owner than the
owner of the dock shall require prior approval at time of permitting from the owner of the waterway. In
addition, the dock, all mooring piles, groins, seawalls, jetties, revetments, or similar structures and facilities
related thereto, shaH not extend further into the waterway than 1/4 of the width of the waterway for private Of
commercial docking and mooring facilities.
16. Open, uncovered stoops, steps and platforms for the principal building, but not to exceed three
(3) feet in hei ght.
17.
districts.
Recreational equipment (of the type not requiring a permit) in the rear yard setback in residentlal
18.
fountains.
Sculpture or other similar objects of art, provided they meet the same requirements above for
19.
Signs, subject to the provisions of the sign code.
20.
Trees, shrubbery or other objects of natural growth.
21.
Wells.
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Utility, cable and telephone transmission lines and associated structures, such as poles.
23. Basketball goals, provided there is a minimum three (3) foot setback from the rear and side
interior property lines and a minimum fifteen (15) foot setback from front and side street property lines
24. Light poles having only one ( 1) structural ground member and portable landscape lighting.
25. Barbecue pits not to exceed six (6) feet by six (6) feet and provided they are set back three ( 3 I
feet from side and rear property lines.
26. Raised planters, provided they are sel back three (3) feet from slde and rear property lines and
shall have a maximum height of six (6) feet.
All other structures similar to the above shall require applications to the development director.
S:\Planning\SHAREmWP\SPECPROJ\CODE REVIEW'Zonmg Permit enahlmg text - l'il I An VIlL See 4\staff Tenon - zolllng pernm enailling
amendments.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
E. Zoning Permits and Verification
Code Review
1. PROJECT:
AGENT:
DESCRIPTION:
Zoning Permits and
Verification (CDRV 09-005)
City-initiated
Request for interim amendments
to the Land Development
Regulations, Chapter 1, Article
VIII and Chapter 2, Section 4.J
to enable the review for issuance
of zoning permits and zoning
verifications.
Mr. Rumpf explained this was a City-initiated Code Amendment item to amend the Land
Development Regulations and insert enabling regulations into the Code to establish a
function in the Planning and Zoning Division. The item was attributable to actions taken
in the Building Division to discontinue the lead role of reviewing permits and applications
that do not fall under the Florida Building Code. Under new leadership, the Building
Official was fine-tuning the process so the Building Division administered only
processes that fell under the Florida Building Code, or applications regulated by the
Florida Building Code. Most of those processes were regulated by the zoning
regulations, and it made sense for Planning and Zoning to take the lead role in those
types of applications.
Some of the processes were new and some have occurred informally without strong
regulations in the Code. The majority of the process should have a foundation in the
Code. Most of the changes were process oriented with the exception of regulations
new to the Code having to do with setbacks and impervious surfaces, mainly for
driveways. The Code provisions would be inserted into Chapter 2 of the Land
Development Regulations under Other Structures and Improvements. Fees would be
incorporated into the fee schedule to support the function. Paragraph E addressed the
expiration of zoning permits, and the life of the approvals at six months. That could
change as a final interpretation was being awaited.
Chair Jaskiewicz opened the public hearing. No one coming forward, Chair Jaskiewicz
closed the public hearing.
It was noted Habitat for Humanity was working on a project in the Heart of Boynton and
the developer had to pay a fee from the Engineering Department. Mr. Rumpf explained
it probably had to do with a right-of-way permit, which was a minimal fee of $50 or a
percent of the project. Currently, a city inspector did not inspect the forming and steel of
the driveways where it was thought a building inspector inspected each phase of
construction. In this instance, there were special requirements for construction in the
rights-of-way. The Florida Building Code does not cover concrete use for a driveway
and there was a gap. Inspectors would inspect slabs, fittings, tie-ins etc., but they were
15
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
not reviewing driveways and there were no standards. Discussion followed that as a
consumer, it was a comfort to think an inspector was overseeing the work of the
contractor. Planning staff would be conducting planning inspections, but would only be
inspecting for setbacks required via the site plan or zoning regulations.
Landscaping modifications would be made to the Code as the City works closely with
Homeowner Associations who wish to make landscaping modifications which required a
permit. The exact fee was fine-tuned and that process was being made user friendly, To
simplify the permit for a fence, staff was requesting a pre and post photograph be
provided. If it were a unique situation. a pre or post inspection would be conducted by
Planning staff.
The members discussed Lake Worth and the City providing services to them. The
building inspector provided building services and the City's services might be expanded.
Motion
Mr. Myott moved to approve. Mr. Barnes seconded the motion that unanimously
passed,
F. Churches in Residential Districts
Code Review
1.
PROJECT:
Pre-existing churches in
residential zoning districts
(CDRV 09-006)
City-initiated
Request for interim amendments
to the Land Development
Regulations, Chapter 2, Zoning,
Section 11 (C) to establish
provisions, related improvements,
and expansion limits applicable to
non-conforming churches within
single-family zoning districts.
AGENT:
DESCRIPTION:
This item was addressed earlier in the meeting,
8. Other
None,
9. Comments by members
Mr. Myott commented the Boat Showroom graphics relative to its location on Federal
16
r--l I. .".---,.,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VIlli-PUBLIC HEARING
ITEM B.
N
....J
'1\--
-n'.;,)
~'r'Tl
(") ..,.
rt'Ic:,
.-
-
-
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to Citv Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
rgJ Julv 21,2009 July 6, 2009 July I, 2009 June 29, 2009
0 August 4, 2009 July 20, 2009 Julv 15,2009 July 13, 2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27,2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda rgJ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
rgJ Public Hearing 0
RECOMMENDA nON: Please place this request on the July 21, 2009 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on June 23, 2009, recommended that
the request be approved. For further details pertaining to this request, see attached Department Memorandum No. 09-039.
EXPLANATION:
PROJECT:
Non-residential uses within residential zoning districts - Establishment of
Pre-existing provisions and related improvements (CDRV 09-006)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 2,
Zoning, Section 11(C) to establish provisions, related improvements, and expansion limits
applicable to non-conforming churches within single-family zoning districts.
AGENT:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
~,^-c- L/~
City Manager's Signature
~
Devel '
Assistant to City Manager
Planning imd m "ngDirector City Attorney / Finance
S:\Planning\SHARED\WP\SP PROJ\CODE REVIEw\CDRV 09-006 Non-residential uses (churches)\Agenda Item Request Pre-exist churches in
residential zoning dist.CDRV09-006 7-21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
3 ]
ORDINANCE !\10. 09- o3J.f
2
3
AN ORDINANCE OF THE CITY OF BOYNTON BEACH.
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTIO!\1 11,
"SUPPLEMENTAL REGULATIONS'" SUB-SECTION C,
"NON-RESIDENTIAL llSES IN SINGLE-F AMIL Y
ZONING DISTRICTS", BY ADDING SUB-SECTION 4 TO
ALLOW IMPROVEMENTS AND EXPANSIONS OF PRE-
EXISTING PLACES OF WORSHIP, REQUIRE
IMPROVEMENTS TO EXISTING FACILITIES AND
PROPERTIES AND ESTABLISH MAXIMUM LIMITS ON
FACILITY EXPANSIONS; PROVIDING FOR
CONFLICTS, SEVERABILITY. CODIFICA. TION AND AN
EFFECTIVE DATE.
4
5
6
7
8
9
10
I I
12
13
14
15
16
] 7
WHEREAS, Chapter ~, Section I L "Supplemental Regulations". Sub-Section C
18
"Non-Residential Uses Within Residential Zoning Districts" of the current Loning regulations
19
pleases restrictions and limitations on the development of non-residential uses within single-
20
family neighborhoods; and
21
WHEREAS, the City Commission has recently been made aware of the need 111 expand
22
an existing church within the Heart of Boynton Redevelopment Area. which is not allowed h)
I~
~.)
existing city regulations; and
24
WHEREAS, staff is recommending a code amendment that would allow for a desIred
15
expansion of a church, while placing limits on ultimate facility expansions and requiring ,I
26
minimum building and site improvements that \vould contribute to the revitalization ut cXlsting
27
neighborhoods and the furthering of an adopted redevelopment plan: and
18
WHEREAS, the City Commission has considered staffs recommendations and reports,
29
and determines and tInds that it would be appropriate to amend the Land Developmem
30
Regulations to reflect this addition: and
WHEREAS, the City Commission tinds that the adoption of this ordinance is In tht
II S'\CA,Ordinanccs\LOR Changes\Amend LDR ell 2 SH' II ('(,) II NON-RESIDLNTlAI PRl'.J::'\J'i I'IN(j, du.
II
best interest of the health, safety, and welfare of the citizens and residents of the City of
2 Boynton Beach.
3 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
6 and confirmed by the City Commission.
7 Section 2. Chapter 2, Section 11.C. of the Land Development Regulations of the
8 City of Boynton Beach Code of Ordinances is hereby amended by adding section 4 as follows:
9
10
C.
NON-RESIDENTIAL USES IN SINGLE-F AMIL Y ZONING
DISTRICTS
*
*
*
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35 f. Non-confonning and blighted conditions - Expansions that increase
36 operational space or capacity shall require improvements to all existing facilities to raise them
37 to a similar appearance level as the proposed improvements and additions. Sidewalks shall be
4.
worship that
requirements
requirements:
Expansions and improvements to, and redevelopment of pre-existing places of
do not meet the minimum lot standards of the zoning district, or the other
of Section 11 (C)(3) shall be allowed in accordance with the following
a. Improvements shall only be allowed if the subiect propertY was under proper
ownership prior to the adoption of these regulations. Ownership shall be based on the records of
the County Property Appraiser's Office.
b Rights-of-way for primary access shall be adequate and improved 111
accordance with (Engineering Design Handbook and Construction Standards);
c. The size of building improvements shall be allowed up to a maximum of
100% of the pre-existing area.
d. Expansions that would increase operational space or capacity. shall require
that all existing parking areas and related landscaping meet the requirements of the City's Land
Development Regulations.
e. Parking requirement - Proiects eligible for parking space reductions of the
MLK Overlay District. shall be required to meet a minimum of 75% of the space requirements
indicated by Chapter 2, Section II(H)(15).
- 2-
S \CA\Ordinanees\LDR Changes\Amend LDR CH 2 SEC I lC(4)(NON-RESIDENTIAL PRE-EXISTING) doc
added or improved where partiallv or wtallv absent along the boundar,-_(~Llhe subic"J tl~~"MJb!
2 requirement shall appl\' to all parcels Llsed to the support the principal use, includiniC, those l~ll
3 that abut the principal lot or lbmare separated JLQll1 thl,? principaL1QLPl otllt;_LnrOl):-=ni~~ "
4 rights-of-way,
5
6 g, Design - Additions or new facilities shall be designed to be compatible with
7 its sUlToundings and/or an adopted community redevelopment plan to further the historic and
8 architectural character of the neighborhood.
9
10 h. No newly proposed physical improvements other than a wall.' fence (1)
II landscaping shall be placed closer than 30 feet from a parcel containing. or zoned for ~ single-
]2 family residence.
13
14 i. An\' outdoor play areas shall be located a minimum of 30 feet ham a parcel
IS containing. or zoned for a single-family residence.
16
17 i. The foregoing conditions shall also apply to anv repairs or reconstruction
18 required due to damage from fire. a maior storm event or other natural occurrence.
19
20
21
Section 3.
Each and every other provision of the Land Development Regulations
22 not herein specifically amended, shall remain in full force and etTect as originally adopted.
23
Section 4.
All laws and ordinances applying to the City of Boynton Beach 111
24 conflict with any provisions of this ordinance are hereby repealed,
25
Section 5.
Should any section or provision of this Ordinance or any portion there01
16 be declared by a court of competent jurisdiction to be invalid, such decision shall not attect the
n remainder of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance
28
29
Section 7,
This ordinance shall become etTective immediately.
, i
: 1
Ii
I ill
S \('A\Urdinances\LOR Changes\Amend I.DR ell 2 SH.' I) ('(4)1 N( IN-RI'SIDJ-:NTL'\1 I'Rl'-f'\ISTINl, I d\>c
d
2
FIRST READING this _ day of
,2009.
3
SECOND, FINAL READING AND PASSAGE this _ day of
,2009.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 Mayor - Jerry Taylor
9
10
] I Vice Mayor - Woodrow L. Hay
12
13
14 Commissioner - Ronald Weiland
15
16
17 Commissioner - Jose Rodriguez
18
19
20 Commissioner - Marlene Ross
21 ATTEST:
22
23
24
25
26 Janet M. Prainito, CMC
27 City Clerk
28
29
30
31 (Corporate Seal)
- 4-
S ICAIOrdinanceslLDR ChangeslAmend LDR CH 2 SEC llC(4)(NON-RESIDENTIAL PRE-EXISTlNU).doe
'.r;V
U( ..
~
DEPARTMENT OF DEVELOPMENT
· PLANNING AND ZONING DIVISION
Memorandum PZ 09-039
DATE:
RE:
Chair and Members
Planning & Development Board
Quintus Greene
Director of Develo~IJ1e~ /'
Michael W. Rumpf~
Director of Planning 'and Zoning
June 11, 2009
Non-residential uses within residential zoning districts - Establishment of
Pre-existing provisions and related improvements (CDRV 09-006)
LDR Ch. 2, Section 11 (C) new Subsection (4)
Interim amendment to LDRs
TO:
THROUGH:
FROM:
BACKGROUND
In 2004 the City's Land Development Regulations were amended placing restrictions and
limitations on the development of non-residential uses that the zoning regulations allowed within
single-family neighborhoods. Recognizing that such uses may be intrusive to the fabric of the
single-family neighborhoods, the new provisions, in part, require that such uses be located on an
arterial or collector road, thereby requiring them at the periphery of the neighborhood and
minimizing impacts from traffic and noise (see Department Memorandum 04-167). As typical of
most regulations, it allows the continuation of pre-existing (a.k.a non-conforming) uses.
however, such regulations prevent the expansion or intensification of such non-conforming uses.
The City Commission has recently been made aware of the need to expand an existing church
within the Heart of Boynton Redevelopment Area, which is 110t allowed by existing city
regulations. Therefore, the City Commission has directed staff to propose the necessary code
amendments that would allow for expansions and modifications of such pre-existing places of
worship.
PROPOSED AMENDMENTS
It is a simple task of merely adding non-conforming provisions to selected code sections.
However, staff has reviewed current regulations and approached this task with the objective of
protecting single-family neighborhoods (also see Comprehensive Plan Objective 1.] 2l.
As part of the preparation of this amendment staff reviewed the Heart of Boynton (HOB)
Redevelopment Plan and Downtown Master Plan for applicable information. The HOB Plan
recognizes the significance of churches within the redevelopment area, their contribution to the
history of the area, and their role in neighborhood revitalization. However, the redevelopment
plan also notes the high number of churches and land area occupied by them, which limits
opportunities for land assemblage and redevelopment. The plan also describes many of the
CDRV 09-006
Page 2
existing places of worship as contributing to blighted conditions. This situation is still apparent
today with many of the churches needing fac;ade improvements and roof maintenance, as well as
having code deficiencies with respect to parking lot surfaces and landscaping.
These proposed amendments have therefore been drafted to 1) allow improvements and
expansions of pre-existing places of worship; 2) require improvements to existing facilities and
properties; and 3) establish maximum limits on facility expansions. The proposed code
amendments consist of the addition of a new subsection within Chapter 2 of the LDR, under
Section II(C), which reads as follows:
4. Expansions and improvements to, and redevelopment of pre-existing places of
worship that do not meet the minimum lot standards of the zoning district, or the other
requirements of Section 11 (C)(3) shall be allowed in accordance with the following
requirements:
a. Improvements shall only be allowed if the subject property was under proper
ownership prior to the adoption of these regulations. Ownership shall be based on the records
of the County Property Appraiser's Office.
b Rights-oI-way for primary access shall be adequate and improved in
accordance with (Engineering Design Handbook and Construction Standards);
c. The size of building improvements shall be allowed up to a maximum of
100% of the pre-existing area.
d. Expansions that would increase operational space or capacity, shall require
that all existing parking areas and related landscaping meet the requirements of the City's
Land Development Regulations.
e. Parking requirement - Projects eligible for parking space reductions of the
MLK Overlay District, shall be required to meet a minimum of 75% of the space requirements
indicated by Chapter 2, Section 11 (H)(15).
f Non-conforming and blighted conditions - Expansions that increase
operational space or capacity shall require improvements to all existing facilities to raise them
to a similar appearance level as the proposed improvements and additions. Sidewalks shall be
added or improved where partially or totally absent along the boundary of the subject use.
This requirement shall apply to all parcels used to the support the principal use, including
those lots that abut the principal lot or that are separated from the principal lot by other
properties or rights-of-way.
g. Design - Additions or new facilities shall be designed to be compatible with its
surroundings and/or an adopted community redevelopment plan to further the historic and
architectural character of the neighborhood.
h. No newly proposed physical improvements other than a wall/fence or
landscaping shall be placed closer than 30 feet from a parcel containing, or zoned for a single-
family residence.
CDRV 09-006
Page 3
i. Any outdoor play areas shall be located a minimum of 30 feet from a parcel
containing, or zoned for a single-family residence.
j. The foregobtg conditions shall also apply to any repairs or reconstruction
required due to damage from fire, a major storm event or other natural occurrence.
SUMMARY RECOMMENDATION
Staff proposes the above-described amendments in response to the Commission directive. Staff
forwards these amendments understanding that they would allow for a desired expansion of a
church, while placing limits on ultimate facility expansions, and requiring minimum building and
site improvements that would contribute to the revitalization of existing neighborhoods and the
furthering of an adopted redevelopment plan. It should be noted that staff does not recommend
that such non-conforming/pre-existing provisions be applicable to other non-residential uses
allowed under Subsection 11.C.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-005 Non-residential uses Ichurchesl,CDRV 11'i-005 l-</m-residemiall1ses
within residential zoning.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
5. Communications and Announcements.
A. Planning and Zoning Report
1. Final disposition of the May 26, 2009 Planning and Development
Board Meeting Agenda items.
Mike Rumpf, Planning and Zoning Director, reported Board members Amber Barritt
could not attend the meeting, and Matthew Barnes would be late.
The City Commission reviewed the following items on June 2,2009:
. Two Text Amendments regarding major annexations on Seacrest Boulevard, the
Planned Commercial Development (PCD) setbacks and accessory pumps
amendment, and the funeral homes/cemetery items were approved on public
hearing and first reading.
. Calvary Chapel Master Plan Modification was approved, which included a new
site plan for the current phase.
. The Large Scale Comprehensive Plan Amendments included the Sam's Club,
Palm Beach Memorial Park Cemetery and the New Urban High Ridge projects
were tabled. The New Urban High Ridge project was postponed and would need
to be processed on the State level. The annexation, rezoning and land use
amendments ordinances were tabled twice to allow negotiations between the
property owner and the applicant to take place, as issues needed to be worked
out.
. Abandonment of a portion of NE 12th Avenue was approved on first reading on
June 2, 2009.
On June 16, 2009, the City Commission took the following actions:
. Seacrest Gardens Office Building expansion - approved.
. Imagine Charter School, including the rezoning, new site plan and height
exception - approved. The rezoning will move forward to second reading.
7. New Business
F. Churches in Residential Districts (Heard out of Order)
Code Review
1.
PROJECT:
Pre-existing churches in
residential zoning districts
2
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
AGENT:
DESCRIPTION
(CDRV 09-006)
City-initiated
Request for interim amendments
to the Land Development
Regulations, Chapter 2, Zoning.
Section 11 (C) to establish
provisions, related improvements,
and expansion limits applicable to
non-conforming churches within
single-family zoning districts.
Mr. Rumpf explained in 2004, the City Commission approved amendments to the
zoning regulations regarding non-residential uses in residential zoning districts. There
were uses identified as being compatible with a residential environment, such as
churches and schools; however, times have changed and activities and visitors come
from outside the neighborhood to partake in those uses. The intention of the original
amendment was not to remove the uses from the residential areas, but to restrict them
to the perimeters of the neighborhoods. The wording required they be iocated on an
arterial or collector road.
Due to the placement of the uses in non-conforming status, the City Commission
realized some of the entities have been unable to expand and the original amendments
did not include the conforming provisions. The Commission recognized the benefit of
the uses in the areas and did not want to penalize the existing entities. Staff was
directed to amend the regulations to incorporate and allow them to remain under
grandfathered conditions. Therefore, the existing churches would not be subject to the
regulations previously adopted that limit such uses to arterial or collector streets
Staff referenced recommendations contained in the Heart of Boynton Redevelopment
Plan and Downtown Master Plan, which speaks about individual/and uses in the area.
There was language incorporated that addressed individual land uses that pertained to
churches. Additional recommendations were being proposed to address those; mainly
non-conforming conditions for those uses such as inefficient or insufficient parking
resources, physical design, character and architecture. The proposed amendments
would allow improvements and expansions of pre-existing places' of worship. It would
require improvem,ents to existing facilities and properties as listed, and establish
maximum limits on facility expansions. The Code Amendments consisted of the
addition of a new subsection' in Chapter 2 of the existing Land Development
Regulations, Section 11 C, which was included with the meeting materials.
The amendment only pertained to those uses granted to the entity proposing the
change at the time the amendments were adopted. The amendment did not modify the
intent of the Code, or allow the. uses to be sold to another church; rather, it had to be the
entity suffering the hardship, not the one who comes into the conditions.
3
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
Attorney Alexand~r administered the oath to all who would testify.
Woodrow Hay, 427 NW 5th Avenue, speaking as a resident and minister, not as the
Vice Mayor, recalled the eight years he spent on the Planning and Development Board
and explained the Board was his second love. He explained he championed the
initiative because he believed it was an oversight when the amendments and
ordinances 'were enacted. The idea was the churches supported the neighb.orhood
community. He agreed with the comments made by Mr. Rumpf and pointed out, if there
was a catastrophic event and the church had to rebuild, the Code currently in effect
would prevent them from doing so because they would not meet the criteria. He
expressed it would be an act of goodwill for the Board and the City Commission to
grandfather the churches in existence when the amendment came about. If something
happened and the church needed to rebuild or add on, it would meet the other Code
requirements. Providing an opportunity to rebuild on the same site would be in order,
not only in the Heart of Boynton area, but anywhere else in the City as well, if
confronted with the same circumstances.
James Baretta, 74 Baytree Lane, thanked Vice Mayor Hay and the City Commission
for recognizing the need for the Ordinance. He complimented staff and agreed they did
a good job regarding not only the grandfathering aspect of the amendment, but also the
stipulations and conditions. He took exception, however, to condition 4C, which stated
the maximum building size of the improvements would be allowed up to a maximum of
100% of the pre-existing area. He commented if a church had a half-acre lot and 5,000
square feet of building, the change would allow them to build another 5,000 square feet.
If another church had four acres, and they have 2,000 square feet of buildin'g, they
should not be limited to 2,000 square feet if they have the property to accommcldate a
larger building. He felt, unintentionally, there was an imposition created that did not
take into account the size of the property that may be vacant. Some churches fill up the
entire site and some have many times the land area than the building area. He
suggested that aspect be added to the formula.
Doris Jackson, 531 NW 10th Avenue, inquired about Condition 4H, which specified no
wall or fence shall be placed closer than 30 feet from a parcel zoned for a single-family
residence. She explained the church owned properties in the neighborhood slightly less
than an acre, which was vacant. She wanted to know what effect the amendment would
have on their plans. It was later discussed the New Mt. Zion Missionary Church owned
nine lots across the street from the church and they anticipated constructing something
on it. Mr. Rumpf explained there was specific language that acknowledged undeveloped
lots owned by the same church entity. He explained Condition H was not overly
restrictive. Their church perimeter was a street and the 30-foot setback pertained to the
nearest residential property. The street was not residential property. It pertained to
abutting single-family properties.
Setbacks between non-residential and residential uses varied between 20 to ::;0 feet.
Previously, the only thing restricted from setbacks from property boundarie$ were
4
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
buildings. Parking, play areas, and utility areas were allowed. With the new amendment
only buffering and bifurcation walls would be allowed. There was discussior, if th,::
building was constructed whether the setback had to be 30 feet from existing residential
property that was used residentially and/or just zoned single-family residential, or jf
only related to the street side. Mr. Rumpf explained as it applied to building. it would
need to adhere to the minimum setbacks that corresponded with the zoning district In
which the property was located.
Cecelia Shay, 521 NW 2nd Street, agreed with the comments made by Mr Hay ana
Mr. Baretta and she requested the Board support the change.
The members discussed the size of the lot. A standard site plan modification would
need to be followed if a building were replaced at more than 100% of the area. Mr
Rumpf explained that was correct for a non-conforming site. The intent was not to
double the size if It was a non-conforming use. Staff was trying to prevent a worsening
of a non-conformity and to have some type of limitation. Staff wanted to accommodate
reasonable increases for growth, expansion and development for entities who have land
and can build. it appeared to be a safe way to draw the line to limit expansion for traffic
purposes, noise and impacts on the adjacent neighborhoods. As to the church with four
acres of land. it was noted the church could be redesigned to be conforming. Mr
Rumpf, however, pointed out if it was not on an arterial or collector roadway, it cquld not
conform unless it was rezoned. If the piece of land was large, isolated and had good
access, the rezoning was an option that could be used
Mr. Baretta explained he was referring to the ordinance in general. The proposed
ordinance was drafted because in the analysis of one church, it was realized all the
churches in the community were jeopardized. There was a church desirous of
expanding, but it was unknown to what extent because under the current code, they
were not allowed to do anything. The subject church had always envisioned expanding.
To limit the expansion to 100% of the existing building for a church with a lot of land to
expand onto did not appear equitable. The same limitation applied to another churCh
down the road that consumed the entire lot. Recognition of how much land was
available should be considered.
Chair Jaskiewicz ~losed the public hearing.
Mike Rumpf explained one option was to apply for a conditional use. If the church
wanted to expand above the 100% threshold, there would be public hearings and the
applicant would need to go through the site plan approval process, because the'y were
expanding a condItional use. The use was a semi-conforming/non-conforming us~. The
definition of proper ownership was discussed and was defined as being under the same
ownership after the adoption of the ordinance as before adoption of the ordinanCE:.
Motion
5
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
Vice, Chair Saber~on moved they recommend to the City Commission the adoption of
the Ordinance along the lines of the staff recommendation. Mr. Myott seconded the
motion that unanimously passed.
A. NE 11th I NE 12th Avenue Alley
Abandonment
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
NE 11 th I NE 12th Ayenue Alley '.
(ABAN 09-002)
Andrew Mack, Engineer
City of Boynton Beach
Between NE 11th Avenue and NE 12th
Avenue, east of North Sea crest
Boulevard
City-initiated request for abandonment
of an unimproved alley right-of-way five
(5) feet in width lying between NE 11th
Avenue and NE 12th Avenue, extending
east from North Seacrest Boulevard to
an area west of Railroad Avenue.
Kathleen Zeitler, Planner, presented the City-initiated abandonment. The property was
owned by the City: The property was approximately five-feet wide, 1,550 teet long and
was located between the Meeks and Andrews Addition plans. The property was never
used or improved as an alley, as intended and indicated on the plat, and was dedicated
to the public as a right-ot-way under the City's jurisdiction. If abandoned, the property
would be partitoned amongst the adjacent property owners located in the Meeks and
Andrews Addition subdivisions on the south side of the alley. The existing underground
utilities were located in the alley and if the alley were abandoned, the dedication of a
five-foot wide utility easement would be required.
City staff believed the alley right-of-way no longer served any public purpose and
continued City-ownership brought continued responsibility and associated liability. The
area would best serve area residents through private ownership. There were no
objections received by the various City Departments or the utility companies, proyided a
five-foot utility easement was provided. Staff recommended approval of the request
subject to the condition the subject property be dedicated as a utility easement.
Chair Jaskiewicz opened the public hearing.
Attorney Alexander administered the oath to Katie Miller, 1057 SW 28th Avenue. Ms.
Miller owned property at 235 NE 11th Avenue and her mother owned property at 317
NE 11th Avenue. She did not understand the abandonment. .
6
VIII.-PUBLIC HEARING
ITEM C.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Requested City
Commission Meeting Turned in to City Clerk's Commission Meeting Dates
Dates Office
0 A ri121, 2009 0 June 16, 2009
0 5,2009 0 Jul 7,2009
0 19,2009 18I Jul 21,2009 Jul
0 June 2, 2009 0 Au ust 4, 2009 Jul
Date Final Form Must.
Turned in to Cit Cler '
Office
0 Announcements/Presentations 0 Citv Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 18I Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
18I Public Hearing 0
RECOMMENDATION: Please place this request on the July 21, 2009 City Commission Agenda under Public
Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on June 23, 2009, recommended that
the request be approved, subject to all staff conditions. For further details pertaining to this request, see attached Department
Memorandum No. 09-037.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
NE 11th I NE 12th Avenue Alley (ABAN 09-002)
Andrew Mack, Engineer
City of Boynton Beach
Between NE 11th Avenue and NE 12th Avenue, east of North Seacrest Boulevard
City-initiated request for abandonment of an unimproved alley right-of-way five (5) feet
in width lying between NE 11th Avenue and NE 12 Avenue, extending east from North
Seacrest Boulevard to an area west of Railroad Avenue.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERl\l"ATIVES: I
,t'
'.J.'L ~A r p,-~
'",/ City anager's Signature
Assistant to City Manager ~
1!-
Planning and Z g irector City Attorney I Finance
S:\Planning\SHARED\WP\PRO CTS\NE 11th & NE 12th Avenues Alley ABAN\Agenda Item Request NE 11th, NE 12th Ave Alley ABAN 09-0027-21-
09.doe
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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I That 5.0 foot strip ofland as shown on the north side of Lots 1 through 10 in
II BLOCK 2, lots 1 through lOin BLOCK 1. and Lot 1 of BLOCK .\
s \c4\hrd,nanCeS\AbandonrnentS\NE 11 th and 12th Ave Alley doc
i I
ORDINANCE NO. 09-0~
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING
ABANDONMENT OF AN EXISTING ALLEY
LOCATED EAST OF NORTH SEACREST
BOULEVARD BETWEEN NORTHEAST J IfH
AVENUE AND NORTHEAST 12nl A VENCE,
SUBJECT TO STAFF COMMENTS; AUTHORIZING
THE CITY MANAGER TO EXECUTE A
DISCLAIMER, WHICH SHALL BE RECORDED
WITH THIS ORDINANCE IN THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, stan is requesting that the City abandon a tive (5) foot wide alle~
between Northeast 11 th Avenue and Northeast 12th Avenue, extending east from North
Seacrest Boulevard to an area west of Railroad Avenue, subject to staff comments; and
WHEREAS, comments have been solicited from the appropriate City Departments.
and public hearings have been held before the Cit)' 's Community Redevelopment Agcnc~ . and
the City Commission on the proposed abandonment: and
WHEREAS, staff finds that the alley no longer serves a public purpose, and the Cit~
Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Bovnton Beach, Flonda. docs
hereby abandon a five (5) f;ot alley between Northe~st II th ~'\ venue and Northeast ] ::>tl1
Avenue, extending east from North Seacrest Boulevard to an area west of Railroad \ venue.
subject to stafT comments. The property being abandoned is more particularly described as
follow's:
That 5.0 foot strip of land as shown on the north side of Lots 1 through ,)
according to the plat of BLOCK 6, MEEKS & ANDREWS ADDlTION, a:-,
recorded in Plat Book 12, Page 46, Public Records of Palm Beach County.
AND
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according to the plat of MEEKS & ANDREWS ADDITION, as recorded in
Plat Book 5, Page 84, Public Records of Palm Beach County.
SUBJECT to said property being designated as a utility easement.
ABANDONMENT of the "Alley" right-of-way shall be distributed to those
adjacent properties located in the MEEKS & ANDREWS subdivisions
located on the south side of the "Alley" only.
A location map is attached hereto as Exhibit "A."
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records
of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2009.
SECOND, FINAL READING AND PASSAGE THIS _day of
2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
SIC \ rdlnanceslAbandonments\NE 11th and 12th Ave Alley doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the Cit \)f
Boynton Beach, Florida, does hereby abandon a five (5) foot alley betv,'een Northeast : iil
A venue and Northeast 1 ih A venue, extending east from North Seacrest Boulevard to an area
west of Railroad A venue, subject to staff comments. The property being abandoned is mun:
particularly described as follows:
That 5.0 foot strip of land as shown on the north side of Lots I through l),
according to the plat of BLOCK 6, MEEKS & ANDREWS ADDITION. as
recorded in Plat Book 12, Page 46, Public Records of Palm Beach County.
AND
That 5.0 foot strip of land as shown on the north side of Lots 1 through lOin
BLOCK 2, lots 1 through lOin BLOCK I, and Lot 1 of BLOCK A.
according to the plat of MEEKS & ANDREWS ADDITION, as recorded in
Plat Book 5, Page 84, Public Records of Palm Beach County.
SUBJECT to said property being designated as a utility easement.
ABANDONMENT of the "Alley" right-of-way shall be distributed to
those adjacent properties located in the MEEKS & /\NDREWS
subdivisions located on the south side of the "Alley" only
IN WITNESS WHEREOF, the duly authorized otTicers of the City of Boynton Beach
Florida, have hereunto set their hands and affixed the seal of the City this
day u!
.2009.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
Janet M. Prainito, CMC
City Clerk
Kurt Bressner. City Manager
STATE OF FLORIDA
)ss:
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet
M. Prainito, City Manager and City Clerk respectively, of the City of Boynton Beach.
Florida. known to me to be the persons described in and \vho executed tht.' foregoll1g
S \CA\Ordlnances\AbandonmentsINE 11th and 12th Ave Alley doc
instrument, and acknowledged the execution thereof to be their free hand and deed as such
officers, for the uses and purposes mentioned therein; that they affixed thereto the official
seal of said corporation; and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this _ day of
,2009.
NOTARY PUBLIC, State of Florida
My Commission Expires:
S\CAIOrdlnanceslAbandonments\NE 11 th and 12th Ave Alley doc
EXHIBIT "A" - SITE LOCATION MAP
NE 11TH AVE & NE 12TH AVE ALLEY ABAN 09-002
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TO:
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DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-037
Chair and Members
Planning & Developm~Vrd
Michael W. Rumpf LY
Planning and Zoning Director
Kathleen Zeitler r:z.
Planner II
June 15, 2009
City- Initiated Abandonment of Alley Right-of-Way between NE 11th Avenue and NE 12th
Avenue, East of North Seacrest Boulevard and West of Railroad Avenue (ABAN 09-002)
NATURE OF REOUEST
Mr. Andrew P. Mack, P.E., with the City's Engineering Division, and agent for the property owner (City of
Boynton Beach), is requesting the abandonment of an existing alley right-of-way located between NE 11th
Avenue and NE 1ih Avenue, extending east from North Sea crest Boulevard to an area west of Railroad
Avenue (see Location Map - Exhibit "A").
The subject property is described as an unimproved alley located north of lots fronting on NE 11th Avenue.
This alley is represented by a five (5)-foot wide strip of land at the northern boundary of the plat of Meeks
and Andrews Addition and, if abandoned, would be distributed only to those adjacent properties located in
the Meeks and Andrews Addition subdivisions, located on the south side of the subject alley. Underground
utilities exist through the subject property which, in conjunction with the abandonment, warrants the
dedication of a utility easement.
The following is a description of the zoning districts and land uses of the properties that surround the
subject property to be abandoned as depicted on the attached Exhibit "B":
North -
South -
East
West -
Lots 1 - 10 of Block 7, Lots 1 - 12 of Block 8, Lots 1-11 of Block 9, and Lot 8 of Block 10,
according to the plat of Happy Home Heights, consisting of single- and two-family residential
uses classified as Medium Density Residential (MeDR) and zoned Single- and Two-Family
Residential (R-2);
Lots 1 - 9 of Block 6, Lots 1 - 10 of Block 2, Lots 1 - 10 of Block 1, and Lot 1 of Block A,
according to the plat of Meeks and Andrews Addition,
Lots 1 - 7 of Block 10 according to the plat of Happy Home Heights, and Block A according
to the plat of Meeks and Andrews Addition, consisting of single- and two-family residential
uses classified as Medium Density Residential (MeDR) and zoned Single- and Two-Family
Residential (R-2); and farther east, Railroad Avenue; and
Right-of-way for North Seacrest Boulevard, and farther west, Poinciana Elementary school
classified as Public and Private Governmental/Institutional (PPGI) and zoned Public Usage
(PU).
Page .~I
Memorandum No. PZ 09-037
ABAN 09-002
BACKGROUND
In August, 1914 and February, 1925 respectively, the plats of Meeks and Andrews Addition and Happv
Home Heights were approved. Although the subject alley is indicated on both of the above-referenced
plats, the alley is included within the boundaries of only the Meeks and Andrews Addition platt on which tne
signed declaration "dedicates the streets, avenues, alleys, as shown for the use of the public in perpetuitv"
The subject property is indicated on the plat as a dashed line five (5) feet in width that runs parallel to,
is separate from the adjacent lots. Although the subject property was never used or improved as an alley
as intended by the recorded plat, the property was dedicated to the public as a right-of-way and is under
the control and jurisdiction of the City.
The city-initiated application states the following grounds and reasons for the requested abandonment:
(1) City staff is unable to identify any public purpose for maintaining this property as an alley right-of-way;
(2) continued City ownership suggests continued future responsibility and associated liability; and, (3) staff
believes this area will best serve adjacent residents through private ownership. The City should designate
the full width of the subject property as a utility easement to allow any future provision of utility services to
the rear of these lots.
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in
equal portions from the general public to the abutting property owner(s) per State law (9 336.12).
Typically, two (2) properties would be affected by an abandonment request: one-half of the right-of-way is
conveyed to one (1) abutting property owner and the other half is conveyed to the other abutting property
owner. However, the subject alley lies entirely within the platted boundaries of the Meeks and Andrews
Addition plat, and not within the boundaries of the Happy Home Heights plat. Therefore, if abandoned, the
five (S)-foot wide strip of land will be reverted to each adjacent property owner in only the Meeks and
Andrews Addition plat as land to be added to their lot. A utility easement equivalent in width to the existing
alley is proposed on the subject property.
Pursuant to Chapter 22, Article IV, Section 4, public notice of the proposed abandonment was given, and
the request has been advertised in the newspaper. All applicable city departments and public utility
companies have been notified, and a summary of their responses are as follows (see Exhibit "C):
CITY DEPARTMENTS/DIVISIONS
Engineering No objection
Public Works/Utilities No objection with 5 foot utility easement
Planning and Zoning No objection
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bell South
Florida Public Utilities Company
Cable Company (Comcast)
No objection
No objection
No objection
No objection
RECOMMENDATION
Staff recommends that the request to abandon the alley as described above be APPROVED based on the
finding that the alley provides no public purpose, and any future utilities within the subject property would
remain within a five (5)-foot dedicated utility easement. Any conditions recommended by the Planning and
Development Board and required by the Commission will be placed in Exhibit "D" - Conditions of Approval.
S:\Planning\SHAREDIWP\PROJECTSINE 11'" & NE 12" Avenues Alley ABANIStaff Report.aoe
EXHIBIT nAn - SITE LOCATION MAP
NE 11TH AVE & NE 12TH AVE ALLEY ABAN 09-002
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EXHIBIT "D"
Conditions of Approval
Project name: City-initiated Alley Abandonment between NE 11 \h Ave and NE 12th Ave
File number: ABAN 09-002
Reference:
DEP ARTMENTS
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, INCLUDE I REJECT II
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PUBLIC WORKS- Solid Waste
Comments: None
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1. Abandonment is contingent upon retaining the full width as a utility easement. I X I
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PUBLIC WORKS- Traffic
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Comments: None
PUBLIC WORKS - Forestry & Grounds
Comments: None
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POLICE
ENGINEERING DIVISION
Comments: None
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P ARKS AND RECREA nON
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Comments: None
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Conditions of Approval
NE 11th Ave and NE 12th Ave ABAN
DEP ARTMENTS INCLUDE REJECT
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\NE 11th & NE 12th Avenues Alley ABAN\COA.doe
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: City-Initiated Alley Abandonment between NE 11th Ave and NE 12th Ave
APPLICANT'S AGENT: Mr. Andrew P. Mack, PE, Engineer
APPLICANT'S ADDRESS: 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4,2009
TYPE OF RELIEF SOUGHT: Request to abandon an unimproved alley right-of-way and dedicate as
a utility easement
LOCATION OF PROPERTY: Between NE 11 th Avenue and NE 1 ih Avenue, east of North Seacrest
Boulevard, west of Railroad Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MA TIER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "D" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other:
DATED:
City Clerk
S:\Planning\SHAREDlWPIPROJECTSINE11th & NE 12th Avenues Alley ABANIDO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
Vice Chair Saberson moved they recommend to the City Commission the adoption of
the Ordinance along the lines of the staff recommendation. Mr. Myott seconded the
motion that unanimously passed.
A. NE 11th I NE 12th Avenue Alley
Abandonment
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
NE 11th I NE 12th Avenue Alley
(ABAN 09-002)
Andrew Mack, Engineer
City of Boynton Beach
Between NE 11 th Avenue and NE 12th
Avenue, east of North Seacrest
Boulevard
City-initiated request for abandonment
of an unimproved alley right-of-way five
(5) feet in width lying between NE 11th
Avenue and NE 12th Avenue, extending
east from North Seacrest Bqulevard to
an area west of Railroad Avenue.
Kathleen Zeitler, Planner, presented the City-initiated abandonment. The property was
owned by the City. The property was approximately five-feet wide, 1,550 feet long and
was located between the Meeks and Andrews Addition plans. The property was never
used or improved as an alley, as intended and indicated on the plat, and was dedicated
to the public as a right-of-way under the City's jurisdiction. If abandoned, the property
would be partitoned amongst the adjacent property owners located in the Meeks and
Andrews Addition subdivisions on the south side of the alley. The existing underground
utilities were located in the alley and if the alley were abandoned, the dedication of a
five-foot wide utility easement would be required.
City staff believed the alley right-of-way no longer served any public purpose and
continued City-ownership brought continued responsibility and associated liability. The
area would best serve area residents through private ownership. There were no
objections received by the various City Departments or the utility companies, provided a
five-foot utility easement was provided. Staff recommended approval of the request
subject to the condition the subject property be dedicated as a utility easement.
Chair Jaskiewicz opened the public hearing.
Attorney Alexander administered the oath to Katie Miller, 1057 SW 28th Avenue. Ms.
Miller owned property at 235 NE 11th Avenue and her mother owned property at 317
NE 11th Avenue. She did not 'understand the abandonment.
6
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
Ms. Zeitler explained the process to Ms. Miller
Lydia Thomas, 331 NE 11th Avenue, explained they purchased the land in 2006, and
she received approval for a privacy fence, which she installed but it encroached into the
easement. She indicated if they took five feet from her, she would lose the investment
she made in the fence. It was explained land was being added to the lots on NE 11th
between Seacrest and just west of the railroad. All Ms. Thomas needed to do was
maintain the land and allow access when the utility line needed to be serviced.
Motion
Mr. Myott moved to approve the abandonment of the alleyway between 11th and 12th
Avenue as a City-initiated request for abandonment of an unimproved alley right-of-way
five (5) feet in width lying between NE 11th Avenue and NE 12 Avenue, extending east
from North Sea crest Boulevard to an area west of Railroad Avenue, with all staff
comments. Ms. Grcevic seconded the motion that unanimously passed.
B. JR Watersports
Abandonment
Ed Breese, Principal Planner requested the two items be combined for presentation
purposes and then have separate motions. There were no objections from the Board.
1.
PROJECT:
AGENT:
OWNER:
JR Watersports (ABAN 0~-003)
Beril Kruger of Beril Kruger
Planning & Zoning Consultants
Michael Wood, Contract
Purchaser
725 North Federal Highway
Request for abandonment of an
unimproved alley, approximately
20 feet wide by 206 feet in length,
totaling 4,135.4 square feet,
running north and south adjacent
to and parallel with the Florida
East Coast (FEC) railroad.
LOCATION:
DESCRIPTION:
JR Watersports
Conditional Use/Maior Site Plan Modification
1.
PROJECT:
AGENT:
JR Waters ports (COUS 09-001 -
MSPM 09-002)
Beril Kruger of Beril Kruger
Planning & Zoning Consultants
Michael Wood, Contract
OWNER:
7
VIII.-PUBLIC HEARING
ITEM D.
, ~"". .' .ye, . .
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be ~
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement _
Dates Office
0 July 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
[gI July 21,2009 July 6, 2009 Julv 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 Julv 15, 2009 July 13,2009
0 August 18, 2009 August 3, 2009 July 29, 2009 July 27, 2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Al!enda [gI Legal
0 Code Comoliancc & Lcgal Settlements 0 Unfinished Business
[gI Public Hearing 0
RECOMMENDATION: Please place this request on the July 21, 2009 City Commission Agenda under Public
Hearing, and Legal, Ordinance - First Reading. The Planning and Development Board on June 23, 2009,
recommended that the request be approved. For further details pertaining to this request, see attached Department
Memorandum No. 09-030.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
J. R. Watersports (ABAN 09-003)
Beril Kruger of Beril Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
72S North Federal Highway
Request for abandonment of an unimproved alley, approximately 20 feet wide by 206 feet
in length, totaling 4,135.4 square feet, running north and south adjacent to and parallel
with the Florida East Coast (FEe) railroad.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
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City Manager's Signature
Assistant to City Manager ~
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Planning and ~nfug Director City Attorney / Finance
S:\Planning\SHARED\WP\PR01ECTSVR Watersports\ABAN\Agenda Item Request JR Waterports ABAN 09-003 7 -21-09.doe
S:\8ULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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ORDINANCE NO. 09-036
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AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING ABANDONMENT OF A:\
UNIMPROVED ALLEY APPROXIMA TEL Y 20 FEET WIDE B\
206 FEET LONG, TOTALING 4,135.4 SQUARE FEET AND
RUNNING NORTH AND SOllTH ADJACENT TO AND
PARALLEL WITH THE FLORIDA EAST COAST RAILROAD,
SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY
MANAGER TO EXECllTE A DISCLAIMER, WHICH SHALL BE
RECORDED WITH THIS ORDINANCE IN THE PUBLIC
RECORDS OF PALM BEACH COL1NTY. FLORIDA; AND
PROVIDING AN EFFECTIVE DATE,
WHEREAS, Beril Kruger of Beril Kruger Planning & Zoning Consultants. agent f<.)r
J.R. Watersports, is requesting that the City abandon a portion of a public alley which abuts
the rear of the proposed business located at 725 North Federal Highway, subject to statl
comments; and
WHEREAS, comments have been solicited from the appropriate City Departments.
and public hearings have been held before the City's Planning and Development Board. and
the City Commission on the proposed abandonment and
WHEREAS, staff fInds that the right-of-way no longer serves a public purpose. ana
the City Commission adopts that finding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing Whereas clauses are true and correct and incorporated
herein by this reference.
Section 2. The City Commission of the City of Boynton Beach, Florida, does
hereby abandon an approximately 20 feet wide by 206 feet long portion of the alley running
north and south adjacent to and parallel with the Florida East Coast railroad, subject to staff
comments. The property being abandoned is more particularly described as 1'0110'0."
A portion of the 20.00 foot alley lying parallel to and adjacent to the followmg
property, as recorded by the subdivision of Lake Addition to Boynton. <is
recorded in Plat Book 1]. page 7], and Pence & King addition to Town of
Boynton, as recorded in Plat Book ], Page 50 of the Public Records oj' Palm
Beach County. Florida. Said lands to be abandoned are described as 1'0110\\<;
That portion of the 20 foot alley right-of-way, bounded on the east by the \\l'sl
line of Lots] 8 thru '2]. Block J, of Lake Addition to Boynton, and the l1l1rth
1['
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5.00 feet of Lot 19, Pence and King Addition to Boynton; bounded on the west
by the east right-of-way line of the Florida East Coast Railroad right-of-way;
bounded on the north by the westerly extension of the north line of Lot 18,
Block I, of Lake Addition to Boynton; and bounded on the south by the
westerly extension of the south line of the north 5.00 feet of Lot 19, Pence and
King Addition to Boynton.
Containing 4,13 5.4 square feet :l::
Section 3. The City Manager is hereby authorized and directed to execute the
attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public
Records of Palm Beach County, Florida.
Section 4.
This Ordinance shall take effect immediately upon passage.
FIRST READING this _ day of
,2009.
SECOND, FINAL READING AND PASSAGE THIS _day of
2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
s: \Ordinances\Abandonments\JR Watersports doc
DISCLAIMER
KNOW ALL MEN BY THESE PRESENTS that the City Commission of the Cin cd
- .
Boynton Beach, Florida, does hereby abandon an approximately 20 feet wide by 206 feet iong
portion of the alley running north and south adjacent to and parallel with the florida East Coast
railroad, subject to staff comments. T'he property being abandoned is more particularl\
described as follows:
A portion of the 20.00 foot alley lying parallel to and adjacent to the follov.ing
property, as recorded by the subdivision of Lake Addition to Boynton, as recorded
in Plat Book 11, page 71, and Pence & King addition to Town of Boynton. as
recorded in Plat Book 1, Page 50 of the Public Records of Palm Beach County,
Florida. Said lands to be abandoned are described as follows:
That portion of the 20 foot alley right-of-way, bounded on the east by the west
line of Lots 18 thru 21, Block I. of Lake Addition to Boynton. and the north 5.00
feet of Lot 19, Pence and King Addition to Boynton: bounded on the west by the
east right-of-way line of the Florida East Coast Railroad right-of-way: bounded on
the north by the westerly extension of the north line of Lot ] 8, Block 1, of Lah
Addition to Boynton; and bounded on the south by the westerly extension of the
south line of the north 5.00 feet of Lot] 9, Pence and King Addition to Boynton.
Containing 4,135.4 square teet::r
IN WITNESS WHEREOF, the duly authorized oHicers of the City of Boynton Beach.
Florida, have hereunto set their hands and affixed the seal of the City this
day 01
.2009.
ATTEST:
CITY OF BOYNTON BEACH. FLORIDA
Janet M. Prainito Kurt Bressner. City Manager
City Clerk
STATE OF FLORIDA )
)ss:
COUNTY OF PALM BEACH )
BEFORE ME, the undersigned authority, personally appeared Kurt Bressner and Janet
M. Prainito, City 1\1anager and City Clerk respectively, of the City of 8oynton Beach.
Florida. known to me to be the persons described in and who executed the foregomg
instrument. and acknowledged the execution thereof to be their free hand and deed as sllch
officers. for the uses and purposes mentioned therein: that they at11xed thereto the of11cn]
S \CA\Ordinances\Abandonments\JR WaterSDorts doc
seal of said corporation; and that said instrument is the act and deed of said corporation.
WITNESS my hand and official seal in the said State and County this
,2009.
day of
NOTARY PUBLIC, State ofPlorida
My Commission Expires:
S\CA\OrdinanceslAbandonmentsIJR Watersporls doc
TO:
THRU:
FROM:
DATE:
SUBJECT:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-030
Chair and Members
Planning & Development Board
..r-
Michael W. RumRf:CV)(--
Planning and Zoning Director
Ed Breese ~
Principal Planner
May 11, 2009
Abandonment Request of the Alley west of 725 North Federal Highway
ABAN 09-003
NATURE OF REOUEST
Beril Kruger, representing JR Watersports, is requesting the City abandon a portion of a public alley which abuts the
rear of the proposed business located at 725 North Federal Highway. This 20-foot wide unimproved public alley
runs north and south adjacent to and parallel with the Florida East Coast (FEe) railroad. The portion requested to
be abandoned is approximately 20 feet in width by 206 feet in length, totaling 4,135.4 square feet (0.095 acre) in
area. Per the survey submitted with the application, the platted alley segment is legally described as follows:
A portion of a 20 foot alley lying parallel to and adjacent to the following property, as recorded by the
subdivision of Lake Addition to Boynton, as recorded in Plat Book 11, Page 71, and Pence and King Addition to
Town of Boynton, as recorded in Plat Book 1, Page 50 of the public records of Palm Beach County, Florida.
Said lands to be abandoned being are described as follows:
That portion of the 20 foot alley right-of-way, bounded on the east by the west line of Lots 18 thru 21, Block
1, of Lake Addition to Boynton, and the north 5.00 feet of Lot 19, Pence and King Addition to Boynton;
bounded on the west by the east right-of-way line of the Florida East Coast Railroad right-of-way; bounded
on the north by the westerly extension of the north line of Lot 18, Block 1, of Lake Addition to Boynton; and
bounded on the south by the westerly extension of the south line of the north 5.00 feet of Lot 19 Pence and
King Addition to Boynton; Containing 4,135.4 square feet, (0.095 acres) more or less.
The Location Map (see Exhibit "A'') shows the general vicinity of the public alley right-oF-way to be abandoned. The
Proposed Abandonment (see Exhibit "B'') depicts the exact location of the subject site and its boundaries and legal
description. The following is a description of the land uses and zoning districts of all properties that surround the
subject portion of the public alley right-of-way.
North -
South -
East
West -
A developed commercial parcel (805 North Federal Highway). The northern portion of
this 20-foot alley was abandoned to this property in February of 2006;
A portion of the 20-foot alley located to the rear of the developed commercial parcei to
the south (Amerigas Propane);
725 North Federal Highway, zoned C-4 (applicant's property); and,
The 50-foot wide railroad right-of-way for Florida East Coast (FEe) Railroad.
Page 2
Memorandum No. PZ 09-030
ABAN 09-003
BACKGROUND
The majority of the subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton
Beach Plat, while 5 feet lies within the Pence and King Addition to Boynton Plat. The Lake Addition plat was
recorded in Plat Book 11, Page 71 on April 9, 1925, and includes a total of 190 individual lots, a 50-foot wide railroad
right-of-way owned by the Florida East Coast (F.E.e.) Railway, several 50~foot and 66-foot wide rights-of-way, and
several 15-foot wide and 20-foot wide alleys. The plat also contains a reversionary clause in the dedication, which
states "does hereby dedicate to the perpetual use of the public as public highways, the streets, avenues, boulevards,
and alleys as shown hereon, reserving however unto itself, its successors and legal representative, the reversions or
reversion of same, whenever abandoned by the public or discontinued by law". The City makes no representation
regarding the impact of the reversionary language on title to the adjacent properties. The Pence and King plat was
recorded in Plat Book 1, Page 50 on March 25, 1910, and includes no reversions. Re-development or expansion of
the adjacent property following abandonment requires the property owner to establish proof of clear title as a
condition of re-development or expansion.
On July 2, 2008 staff held a pre-application meeting with the applicant to discuss the plans to occupy the existing
buildings with a Master Craft boat showroom and customization business. The applicant proposes to maintain the
overhead bay doors on the west side of the building and would like ownership of the alley for enhanced access,
added security and ability to improve the space. An application for Conditional Use and Major Site Plan Modification
has been submitted concurrent with this abandonment petition, which involves site and building upgrades.
City records indicate that portions of the public alley located north of the subject property have been abandoned by
~he City (Resolutions 90-179, 93-79, 98-56, 98-130 and Ordinance 05-66), including the segment immediately
Jutting the property to the north, subject to conditions of approval regarding easement dedication.
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the east (at 725 North Federal Highway).
Public records indicate that Florida East Coast Railway is the owner of the abutting property to the west (50-foot wide
railroad right-of-way). Since the FEC RR is a right~of-way, the entire abandoned parcel would become part of the
applicant's property.
A summary of the responses from the city staff is noted as follows:
CITY DEPARTMENT / DIVISION
Public Works / Engineering
Support Abandonment with dedication of an easement
for existing sewer line.
Development / Planning and Zoning
Support Abandonment with dedication of an easement
for existing sewer line.
Page ~
Memorandum No. PZ 09-03C
ABAN 09-00::,
Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as
follows:
PUBLIC UTILITY COMPANIES
Florida Public Utilities Company
Cable Company (Comcast)
No objection to requested abandonment
No objection to requested abandonment, owner to provide
access for servicing of their lines.
No objection to requested abandonment
No objection to requested abandonment
Florida Power and Light
Bellsouth
Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section
4, of the Land Development Regulations. All public utility companies have been notified and the abandonment
request has been advertised in the local newspaper.
Comments from the Deputy Director of Utilities regarding the abandonment state that there is a live utility service
(sewer line) located within the 20-foot alley, and that the alley would have to be retained as a utility easement.
RECOMMENDATION
Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, wit
establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, sta..
has no objection to the request for abandonment, with the applicant providing the necessary easement and
recommends approval of the request subject to provision of a recorded easement satisfactory to staff and all
conditions contained in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Planning
and Development Board or by the City Commission will be placed in Exhibit "C" - Conditions of Approval.
S :\Planni ng\SHAR ED\ W P\P ROJ E CTS\JRW atersports\StaffReport( ABAN09-00 3) .doc
EXHIBIT "A" - SITE LOCATION MAP
J R WATERSPORTS
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160 320 480 640
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EXHIBIT B
21 9 S.:::. 2Grd AV:::NUE .' P,O. BOX 759 . BOYNTON BEACH, FLORIDA 3343~
BOYNTON BEACH Phone (561 737'6546 . ;:ax (561 734.7546
(
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--',
LAKE i\.DDITION TO BO)~iTO~
ALLEY TO BE 1lliANDO~~D
A PORTION OF THE 20,00 FOOT ALLEY L x'ING PARALLEL TO ANTI ADJACENT TO THE FOLLOWlNG PROPERTI', AS
RECORDED BY THE SUBDIVISION OF LAKE ADDITION TO BOYNTON, AS RECORDED ill PLAT BOOK 11. PAGE :1.
AND PENCE AND KING ADDITION TO TO\VN OF BOY1'HON, AS RECORDED IN PLAT BOOK 1. PAGE 50 OF THE
PUBLIC RECORDS OF PALM BEACH COlIN0, FLORIDA. S/illJ LAl'<TI::: Tn BE ABANDONED.'\RE DESCRIBED AS
FOLLOWS;
THAT PORTION OF THE 20 FOOT ALLEY RIGHT OF WA ,', BOUNDED ON THE EAST BY THE WEST LTh'E OF LOTS; 8
THRU 21, BLOCK 1, OF LAKE ADDITION TO BOYNTON. AND THE NORTH 5.00 FEET OF LOT 19, PENCE AND KING
ADDITION TO BOYNTON; BOUNDED ON THE WEST BY TIlE EAST RIGHT OF WAY LINE OF THE FLORlDAE.o.ST COAS~
RAlLROAD RIGHT OF WAY; BOUNDED ON THE NORTH BY THE WESTERLY EXTENSION OF THE NORTH LTh'E OF LeT
IS, BLOCK I, OF LAKE ADDITION TO BOYNTON; AND BOUNDED ON THE SOlTfH BY THE WESTERLY EXTENSION CT-
THE SOUTH LINE OF THE NORTH 5.00 FEET OF LOT 19, PENCE AND KING ADDITION TO BOThlON:
CONTAINING 4,135.4 SQUARE FEET, (0.095 ACRES) MORE OR LESS
1 .
CERTIFICATION:
I HEREBY CERTIFY THAT THE DESCRlPTION f\ND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED LI\i
ACCORDANCE WTIHTHE SURVEYING STANDARDS, CHAPTER6lG176, FLORIDAADl'v1IN1STRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSU.WT TO SECTION 472.027, FLORIDA
STAWTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS TIrE
SIGNATURE AND TIrE ORIG~AL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, TIllS DRA \V'TNG
SKETCH, P~AT OR MAP.)S FOR INFORMATION PURPOSES ONL Y .~ IS NOT VALID
/t... ~':;7. oil/' N6g~ D5-C>57
BY; ~ ./~ ,J J Sheet /cr2
.,..J0SEBf-Il,l1)JCKER DATE '/7-I! ~ 1
.7 REytSTERED LA""ID SURv'EYOR(NO. i285
f -.-&TATE OF F1"ORIDA .
i NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONL Y A SJRAPHIC DEPICTIONS
! OF Uffi DESCRIPTION SHOWN HEREON, TIIERE HAS BEEN NO FIELD WORK
1 VJEWING OF TIIE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION
! WTIH 1RE PREPARATION OF TIllS INFORMA.TION SHOWN HEREON
1
: NOTE:LANuSSHOWNHEREONWERENOT ABSTR..<\CTEDBY lliE SURVEYO.F.
1 FOR RlGHTS OF w..~ )'"8, EA.SE~lS OP.. RESEP..\r.l\.TIONS OF F2COPI:)
j
1 LB 2102
Joe Tucker
pnOllB.'
"-Boca (561) 391-4388
Boynlon 1561) 737-t54fi
'FAX (561) 734-~54E
JOSEPH M. TUCKEE. P.LS.
219 S.E.23l1:l AYE. - PO. BoX 75S
Boynton Beae:-. FL 3..",425
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EXHIBli
LAKE ADDITION TO BOYNTON
ALLEY TO BE ABANDONED
A PORTION OF THE 20.00 FOOT ALLEY LYING PARALLEL TO AND
ADJACENT TO THE FOLLOWING PROPERTY. AS RECORDED BY THE
SUBDIVISION OF LAKE ADDITION TO BOYNTON. AS RECORDED iN
PLAT BOOK 11, PAGE 71. AND PENCE AND KING ADDITION TO TOWN
OF BOYNTON, AS RECORDED IN PLAT BOOK 1, PAGE 50 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. SAID LANDS
TO BE ABANDONED ABE DESCRIBED AS FOLLOWS:
THAT PORTION OF THE 20 FOOT ALLEY RIGHT OF WAY BOUNDED
ON THE EAST BY THE WEST LINE OF LOTS 18 THRU 21, BLOCK 1, OF
LAKE ADDITION TO BOYNTON, ,6ND .THE NORTH 5.00 FEET OF lOT
19, PENCE AND KING ADDITION TO BOYNTON; BOUNDED ON THE
WEST BY THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST
COAST RAILROAD RIGHT-OF-WAY; BOUNDED ON THE NORTH BY
THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 18. BLOCK
1, OF LAKE ADDITION TO BOYNTON: AND BOUNDED ON THE SOUTH
BY THE WESTERLY EXTENSION OF THE SOUTH LINE OF THE
NORTH 5.00 FEET OF LOT 19 PENCE AND KING ADDITION TO
BOYNTON:
CONTAINING 4,135.4 SQUARE FEET, (0.095 ACRES) MORE OR LESS
EXHIBIT "e"
Conditions of Approval
Project name: JR Watersports
File number: ABAN 09-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Abandonment is contingent upon the dedication of an easement for an X
existing sewer line.
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
Cunditions of Approvai
2
>~,
~ i ~ Ii
'1 Per provider comments (Bell South), the owner shall provide access for I X I .!
"-.
servicing of their lines. d
i i Ii
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ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
i !
! :
:
Comments: I
T
L None \: i
! -4!
ADDITIONAL CITY COMMISSION CONDITIONS i :
I Ii
---11
, "
Comments: ! Ii
I L To be determined.
DEP ARTMENTS
INCLUDE
REJH!
S :\Planning\SHARED\ WP\PROJECTSVR W atersports \ABAN 09-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: JR Watersports
APPLICANT'S AGENT: Berit Kruger
APPLICANT'S ADDRESS: 9 NE 16th Street Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4,2009
TYPE OF RELIEF SOUGHT: Request for the City to abandon an approximate 206 foot portion of a
20-foot wide, unimproved, public alley which abuts the rear of the proposed business located at 725
North Federal Highway, adjacent to and parallel with the Florida East Coast (FEC) railroad.
LOCATION OF PROPERTY: Alley west of 725 North Federal Hwy
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
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\JR W atersports\ABAN\DO .doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
Ms. Zeitler explained the process to Ms. Miller
Lydia Thomas, 331 NE 11th Avenue, explained they purchased the land in 2006, and
she received approval for a privacy fence, which she installed but it encroached into the
easement. She indicated if they took five feet from her, she would lose the investment
she made in the fence. It was explained land was being added to the lots on NE 11 th
between Seacrest and just west of the railroad. All Ms. Thomas needed to do was
maintain the land and allow access when the utility line needed to be serviced.
Motion
Mr. Myott moved to approve the abandonment of the alleyway between 11th and 12th
Avenue as a City-initiated request for abandonment of an unimproved alley right-of-way
five (5) feet in width lying between NE 11th Avenue and NE 12 Avenue, extending east
from North Seacrest Boulevard to an area west of Railroad Avenue, with all staff
comments. Ms. Grcevic seconded the motion that unanimously passed.
B. JR Watersports
Abandonment
Ed Breese, Principal Planner requested the two items be combined for presentation
purposes and then have separate motions. There were no objections from the Board.
OWNER:
JR Watersports (ABAN 09-003)
Beril Kruger of Beril Kruger
Planning & Zoning Consultants
Michael Wood, Contract
Purchaser
725 North Federal Highway
Request for abandonment of an
unimproved alley, approximately
20 feet wide by 206 feet in length
totaling 4,135.4 square feet,
running north and south adjacent
to and parallel with the Florida
East Coast (FEC) railroad.
1.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
JR Watersports
Conditional Use/Major Site Plan Modification
AGENT:
JR Watersports (COUS 09-001 -
MSPM 09-002)
Beril Kruger of Beril Kruger
Planning & Zoning Consultants
Michael Wood, Contract
1.
PROJECT:
OWNER:
7
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
LOCATION:
DESCRIPTION:
Purchaser
725 North Federal Highway
Request for conditional use/major
site plan modification approval for
conversion of two (2) vacant
buildings totaling 7,419 square
feet to a new boat dealership
including an ancillary
customization/seNice
component, in a General
Commercial (C-4) zoning district.
Ed Breese, Principal Planner, explained Bill Kruger - representing JR Watersports,
requested the City abandon a 20-foot portion of the alley behind the property. The alley
runs north and south, adjacent to, and parallel with the Florida East Coast Railroad. The
applicant planned a MasterCraft Boat showroom and customization business.
Ownership of the alleyway would enhance access, improve security, and to make
improvements within the 20-foot area. Staff determined the alley no longer seNed a
public purpose and recommended abandonment, subject to the establishment on an
easement for utility purposes.
JR Watersports was seeking a conditional use and major site plan modification. Their
current location was on West Industrial Avenue in the M-1 Zoning District; however,
their agreement with MasterCraft required them to have a more visible business
location. The overhead bay doors would be replaced with storefront glass for a
showroom. Boat maintenance would occur to the rear of the building. Fifteen parking
spaces would be required and it was noted the site plan reflected they could meet the
15 spaces. The property would be landscaped. Boats would be stored behind the
security fence behind the front building line. Staff recommended approval of both the
abandonment, and the conditional use/major site plan modification"
Mr. Kruger explained JR Watersports' present facility was half the size of the pr.oposed
location. Mr. Kruger circulated photos of the property and what was behind the b!Jilding.
The last photo reflected the property used to be a mess until JR Watersports took
possession of it. .
The MasterCraft colors were blue and white. The new building would be white with blue
trim. A mansard roof on part of the building would be removed and made uniform. They
would also address existing property violations.' The previous use for their new location
was a shoddily-run boat operation that had boats in various states of disrepair and no
parking.
Staff supported the request. There were 19 conditions of approval, and two regarding
easements. Mr. Kruger concurred with all of the conditions of approval, and agreed to
an added condition that the applicant would obtain a building permit within a year.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
The Board requested viewing the site plan and on further inquiry, learned the signage
would indicate only "MasterCraft Boats."
David Hawke, Hawke and Associates, Architects, explained they have a sign package
that would parallel the building permit. The applicant agreed on record to work with the
property owner. They would have at least one set of ADA compliant restrooms; have
the doors swing in the correct direction; replace inoperable doors; and address anything
having to do with the health, safety and welfare of the public entering the building and
the employees working there. Exposed wires would be addressed, as would the air
conditioning. All electrical upgrades would be made prior to occupancy. The Fire
Marshall and Tim Large of the Building Department would inspect the facility prior to
occupancy to review and approve their improvements. Screening, fencing and
landscaping would be provided in a phased approach. All code violations would be
corrected. The chain link fence would be removed. The sign on Federal Highway would
be removed and replaced with a decorative aluminum fence, as they wanted the police
to be able to see through the fence since the boats there were expensive..
Chair Jaskiewicz did not understand how the Board could enforce the elements of the
site plan and associated conditions if the applicant was already occupying the premises.
Mr. Breese explained the applicant could be given a deadline to accomplish the
improvements.
Discussion turned to allowing a year to complete the improvements. Mr. Kruger noted
the Code required the site plan conditions must be met within a year and one half. It
was noted the applicant could not move in until the building was brought up to Code.
Mr. Breese explained it was reasonable to allow a year for the remaining improvements
to be made, and if they were not made, the conditional use would be revoked.
Motion
Vice Chair Saberson moved to approve the staff recommendation for JR Watersports
abandonment
Daniel Spotts, 805 N. Federal Highway, expressed concern that the use was not
consistent with the Heart of Boynton or Downtown Master Plan. Mr. Spotts owned a
retail store immediately north of the subject property. The area was zoned C-3. He
explained there are abandoned lots to the north and south of him, and the area looked
bad because of the decrepit buildings. He asked the Board to think about the long-term
goals for the area, and whether the proposed use was appropriate.
Mr. Barnes arrived at 7.'37 p.m.
The prior owner of the site operated under the auspices of an auto repair shop, which
was allowed under the Code. It then evolved into an engine repair shop; then a boat
9
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
engine repair shop, then into a boat repair shop, and it got out of hand. There were
boats parked on the street in the front parking lot area and behind the fence, which was
not screened and was not allowed. He commented a conditional use was being sought
because a boat dealership was not allowed. He expressed customizations were better
done in an industrial area. The prior owner made repairs in the alleyway and Mr. Spotts
reported hazardous chemicals were strewn all over the property. When Mr. 'Spotts
moved into the business, he asked the City to clean up the property and was advised
they were citing the owner but they could not do anything as the property was in
foreclosure. The owner did not apply for business permits and operated for years
without any. His concern was the new owners would gain access to the premises and
then do whatever they wanted.
Mr. Spotts explained he requested the same alleyway abandonment and was not
allowed to permit parking in that area because of a City waterline. The building was very
close to the existing 20-foot abandoned right-of-way, and the discussion was most of
the boats would be located in the alleyway that he was not allowed to park in. He
suggested the Board consider whether the owner could keep all the boats within a
restricted area, have the access to move the boats in and out, or if it would wind up on
Federal Highway. He believed the owner wanted the business to look nice, but he felt
the Board should consider the master plan for the area. The building was in bad .shape.
He explained across the street was an auto/used car dealership that had boats. He
requested the Board not open the door to this type of business. He asked if the Board
was comfortable with a boat dealership in the area.
Chair Jaskiewicz noted Mr. Spotts' concerns and explained that was why the Board was
imposing deadlines. The improvements must be completed in conformance with the site
plan within one year. .'
Mr. Kruger explained JR Watersports was in existence for eight years. The boats from
MasterCraft were expensive. He clarified the only work he would do was customization
and he could go to the site where the boat was or the boats come in on a trailer pulled
via pick-up truck. If a motor was needed, a crate arrives, they remove the old motor,
install the new one, put the broken motor in the crate and move it out They would add
items such as towers to the boats, stereos, leather seats or whatever was needed. The
boats have 350 horse power Chevy engines and the prices rariged from $50,000 to
$190,000. Chair Jaskiewicz explained if the applicant complies with the conditions, it
would be an asset
She inquired how the applicant could operate if the conditions were not complied with in
advance.
Mr. Rumpf explained the applicant was applying for and intending to receive approval
for a conditional use, which would allow them to operate. It was not the site plan or
major site plan modification approval that granted the applicant the ability to begin
operating. It was the safety r~quirements of the Florida Building Code, which set the
10
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
timing in which an operation can begin stocking. Temporary Certificates of Occupancy
are issued in advance of all the necessary improvements to be done. Site inspections
were necessary, prior to allowing operations and not every improvement, such as
appearance, was part of the Building Code that the permit and operation was attached
to.
Mr. Breese explained the Board added a specific condition of approval, in addition to
other conditions, that all improvements to the building must be made within one year or
the conditional use was revoked. The applicant could not operate from that location, or
would have to apply for a new conditional use approval.
Mr. Spotts reiterated his concerns regarding the hazardous chemicals and requested
the City stay on top of the matter to ensure there were no boats in the front. Chair
Jaskiewicz explained there were 21 stringent conditions of approval,
An inquiry was made about the definition of customization. Mr, Kruger clarified adding a
stereo, seats or a motor was not customizing - rather customizing was stripping down
and removing equipment. They were only adding items to new boats. He acknowledged
the boats were not permitted to be parked out front. The applicant has been operating
for eight years and there has never been a problem.
Motion
Mr. Myott moved to approve the request for abandonment of an unimproved alley
approximately 20 feet wide by two hundred and six feet in length, totally 4135.4 square
feet running north and south adjacent to the and parallel to the Florida East Coast
Railroad subject to all staff comments. Ms. Killian seconded the motion that
unanimously passed.
Motion
Mr, Myott moved to approve a request for a conditional use/major site plan modification
for the conversion of two vacant buildings totaling 74,019 square feet for a new boat
dealership including ancillary customization service components in a general
commercial C-4 zoning district subject to all staff comments and the addition of a new
comment that all the improvements would be made within a one-year timeframe as
another condition of approval, or the conditional use would be revoked at the end of this
time. Vice Chair Saberson seconded the motion that unanimously passed.
C. Southern Pine Lumber
Ma;or Site Plan Modification
1.
PROJECT:
Southern Pine Lumber (MSPM
09-005)
Timothy J. Healey, Frontier
AGENT:
11
VIII.-PUBlIC HEARING
ITEM E.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
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Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be::::'
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement :::
.,
Dates Office -
D July 7, 2009 June 15,2009 June J 0, 2009 June 8, 2009 -
[8J July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
D August 4, 2009 July 20, 2009 July 15, 2009 July 13,2009
D August 18, 2009 August 3, 2009 July 29,2009 July 27,2009
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 & Le.gal Settlements D Unfinished Business
[8J Public Hearing D
RECOMMENDATION: Please place this request on the July 21,2009 City Commission Agenda under Public
Hearing. This item is co-joined by a corresponding request for abandonment (ABAN 09-003), which is processed by an
ordinance read at two separate public hearings. Staff recommends that the items be processed concurrently which requires
hearing the presentation of this item but then tabling it to the August 4th public hearing for fmal action to occur timed with the
final reading of the ordinance for abandonment. This also allows both related items to haye the same approval date. The
Planning and Development Board on June 23, 2009, recommended that the request be approved, subject to all conditions of
approval, including the addition of a condition requiring all improvements to be completed within one (1) year of approval.
For further details pertaining to this request, see attached Department Memorandum No. 09-031.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
J. R. Watersports (CODS 09-001/ MSMP 09-002)
Beril Kruger of Beril Kruger Planning & Zoning Consultants
Michael Wood, Contract Purchaser
725 North Federal Highway
Request for conditional use /major site plan modification approval for conversion
of two (2) vacant buildings totaling 7,419 square feet to a new boat dealership
including an ancillary customization/service component, in a General Commercial
(C-4) zoning district.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
I
Develop i
chAA-L~/~
City Manager's Signature
Assistant to City Manager
(pt/
ector City Attorney / Finance
Watersports\COUS 09-00] \Agenda Item Request JR Waterports COUS 09-00] MSPM 09-002 7-21-09.doe
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-031
FROM:
Chair and Members
Planning & Develop;;nent Board
\
Michael Rumpf J,L:-/
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
PROJECT:
REQUEST:
May 19, 2009
JR Watersports (COUS 09-001/MSMP 09-002)
Conditional Use/Major Site Plan Modification approval to allow a new boat
dealership and ancillary customization/service component in an existing
7,419 square foot building, in a General Commercial (C-4) zoning district.
PROJECT DESCRIPTION
Property Owner: Michael W. & Jana A. Wood, Contract Purchasers
Applicant: Michael W. & Jana A. Wood, JR Watersports
Agent: Beril Kruger of Beril Kruger Planning & Zoning Consultants
Location: 725 North Federal Highway (see attached map)
Existing Land Use/Zoning: General Commercial (GC) / (C-4) General Commercial
Proposed Land Use/Zoning: No change proposed
Proposed Use:
Conversion of vacant 7,419 square foot buildings to a new boat dealership
and ancillary customization/service component
Acreage:
Adjacent Uses:
North:
22,371 square feet
East:
A developed commercial parcel (805 North Federal Highway), zoned General
Commercial (C-4);
A developed commercial parcel (Amerigas Propane), zoned General
Commercial (C-4);
Right-of-way of Dixie Highway, farther east developed commercial parcels
zoned General Commercial (C-4); and
Right-of-way of the abutting alley and Florida East Coast Railroad.
South:
West:
JR Watersports - COUS 09-001/MSMP 09-002
Page 2
Memorandum No. PZ 09-031
BACKGROUND
Beril Kruger, agent for JR Watersports, is seeking conditional use/major site plan modification approval
for the conversion of vacant 7,419 square foot buildings to a new boat dealership and ancillary
customization/service component. The subject property is located at 725 North Federal Highway. JR
Watersports is currently located in the City at 1220 West Industrial Avenue. The owner indicates that
their arrangement with Master Craft boats requires them to have a more visible business location. The
Federal Highway site is currently vacant and was the subject of numerous code violations. The applicant
proposes to make improvements to the site and buildings to remedy those code violations and establish
a location to further the Master Craft name and reputation.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.D of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning and Zoning
Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or subject to conditions including, but not limited to, the dedication of
property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not
in harmony with the intent and purpose of this section. In evaluating an application for conditional use
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions
have been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
The subject property currently has two driveways on Federal Highway. The applicant intends to keep
both driveways and create a one-way drive with parking in front of the building (see Site Plan Sheet
2 of 4). The northern ingress point would accommodate both ingress and egress movements, to
allow for customers to enter into the parking area and to allow for the receipt and removal of boats
along the north side of the building and around to the rear of the building. The southernmost
curbcut would be designated as an "exit only" to accommodate the egress from the customer
parking. As proposed, on-site traffic circulation would meet the requirements for general motorists,
emergency access and waste removal operations.
2. Off-street parking and loading areas where requirecf, with particular attention to the items in
subsection above, and the economic, glare, noise, and odor effects the conditional use will have on
adjacent and nearby properties, and the city as a who/e.
The minimum parking required for Boat Sales is calculated at one (1) parking space per 500 square
foot of gross floor area. Minimum required parking is calculated to be fifteen (15) spaces total, based
JR Watersports - COLIS OS-OOllMSMP 09-0()2
Page 3
Memorandum No. PZ 09-03'
on the square footage of the buildings. The site plan depicts fifteen (15) parking spaces, including
one (1) designated as handicapped-accessible. Six (6) of the customer parking spaces would be
angled in front of the showroom, four (4) would be located to the north side of the northerly
entrance and the five (5) employee designated spaces would be on the north side of the building,
behind a security fence. The loading would occur at the rear of the building or through proposed
boat access to the showroom through a sliding glass door/window storefront. Approval of the
request for abandonment of the alley (ABAN 09-003) and subsequent improvements will allow
greater flexibility in the use of the site. The proposed project would not increase the intensity of
parking or promote additional glare, noise or odors.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above.
An existing nonconforming dumpster enclosure is being removed as part of the Major Site Plan
Modification. The applicant has met with the City's waste removal division of Public Works and based
on their existing operation and type and amount of waste generated, the applicant will be issued
rollout containers in lieu of a dumpster.
4. Utilities, with reference to locations, availability, and compatibility.
The City of Boynton Beach Utility Department currently serves the site, and utilities would continue
to be available and provided, consistent with Comprehensive Plan policies and city regulations. No
additional impacts are anticipated with this application. There is an active sewer line located in the
20 foot alley at the rear of the property, which should it be abandoned (ABAN 09-003), would
become an easement.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The site will be completely re-Iandscaped with twelve (12) new shade trees (Yellow Cassia, Dahoon
Holly, Silver Buttonwood, and Purple Glory), as well as five (5) new Coconut palm trees. Six existing
palm trees on site will be relocated into the landscape design. Seventy-one (71) percent of the trees
are proposed to be native. The applicant also proposes to remove the dilapidated chainlink fence at
the front property line along Federal Highway and plant two layers of hedge material, including
Yellow Ixora and Simpson Stopper, plus Silver Buttonwood trees. Fifty-two (52) percent of the
proposed shrubs and groundcovers would be native, including the Green Buttonwood, Simpson
Stopper, Fakahatchee Grass and Crown of Thorn. The applicant also worked closely with staff on the
elimination of many areas of sod from the plans, thereby reducing irrigation demand, through the
use of a variety of groundcovers.
The applicant proposes new five (5) foot landscape buffers on the east, west and north sides of the
property with hedges and trees to assist in the screening of the site, while retaining the existing
landscaping in the narrow strip to the south abutting Amerigas. The applicant also proposes a new
decorative aluminum gate and fence, to replace the existing chainlink fence and gate at the front
building face, which will extend northerly to the north property line, enhancing the look of the
property and help provide security.
JR Watersports - COUS 09-001/MSMP 09-002
Page 4
Memorandum No. PZ 09-031
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
The existing abandoned pole sign on the property will be removed and the applicant proposes to
place individual channel letters on the building for identification (JR Watersports - Master Craft). The
internally illuminated letters will be 24 inches in height and blue in color, to match the blue trim color
of the building. The applicant proposes to add parking lot lighting for added security. The poles will
be 20 feet in height with cut-off fixtures to ensure no light spillage onto adjacent properties.
Additionally, there will be mounted wall pack lights on the rear (west) building elevation, to add
security to the storage area in back. The photometries plan indicates the average light level is 2.6
footcandles and there will be no light spillage/glare onto adjacent properties.
7. Required setbacks and other open spaces.
The property is built out, with no new buildings proposed or any additions thereto. A portion of the
buildings comply with the build-to requirements established within the Urban Commercial District
Overlay. For those portions of the buildings that do not meet these build-to lines, the magnitude of
the non-conformity is not being increased and no building additions are proposed that would require
compliance. The overlay district was established for infill commercial development within the
redevelopment areas, in an effort to provide comparable setbacks/consistent development pattern
with new Mixed Use projects. The setbacks are: front (east) required 5' to 15' - provided 7.5' for the
smaller retail building at the south end of the property. The larger showroom building is setback 42
feet, with parking in front. As for the rear (west), required 20' - provided 12', however with the r-o-
w abandonment 32', side (north) required 0' to 15' - provided 63', and side (south) required 0' to 15'
- provided 1'. The setback to the north exceeds the 15' build-to line of the overlay district, but
provides the needed access for boats on trailers to the overhead doors at the rear of the building
and an area for employee parking. All open spaces existing on the site will be landscaped, with five
(5) foot landscape buffers on the east, west and north sides.
8. General compatibility with adjacent property and other property in the zoning district.
The proposed use of the site as a boat sales showroom with ancillary customization/service
component would appear compatible with the C-4 zoning and surrounding uses. Unlike the previous
boat use on the site which stored boats in various states of disrepair randomly across the property,
the formalized site plan associated with the request for Conditional Use and Major Site Plan
Modification for JR Watersports limits the locations where boats may be placed on the premises. With
all of the customer parking in front of the building, boats may only be stored in the rear (west side)
and possibly along the north side, west of the designated staff parking spaces. The owner also would
not want to place boats in front of the building because they would block the view into the
showroom, where his inventory is located. Additionally, the work on customizing the watercrafts
would occur inside the building. Any noise associated with the customizing and service should be
contained within the walls of the service bays. This would be in keeping with the automotive repair
business (Goodyear Tire and Auto) just down the street on Federal Highway.
jR VVatersports COUS UY-001/MSMP 09-002
Page :j
Memorandum No. PZ (J~,-( .
Overallr the proposed development should greatly improve its position with the surrounding area
over the currently vacant site or the previously operated businessr and due to the proposed site
improvementsr including formalized parking and service areas, landscape improvements and general
cleanup of the site. The entire building will receive a fresh coat of stuccor and will be painted more
consistently with surrounding buildings. The body of the buildings will be painted white (Frost ..... Behr
Paints 1857) with a medium blue color trim (Liberty - Behr Paints 580D-6). The overhead garage bay
doors currently facing Federal Highway will be replaced with glass storefronts to provide for a boat
showroom. All of these improvement should provide for a quality commercial business fronting on
Federal Highway.
9. Height of building and structures! with reference to compatibility and harmony to adjacent and
nearby properties{ and the city as a whole.
The existing height of the one-story buildings (16r maximum) would not change with this applicationr
and is compatible with the structures on the adjacent commercial properties, as well as being well
below the 45 foot maximum height allow in the C-4 zoning district.
10. Economic effects on adjacent and nearby properties! and the city as a whole.
The overall economic effects of the proposed use on adjacent and nearby propertiesr and the city as
a wholer will likely be negligible.
11. Conformance to the standards and requirements which apply to site plans! as set forth in Chapter
19! Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review)
With incorporation of staff commentsr the proposed project would comply with all requirements of
applicable sections of city code.
12. Compliance with and abatement of nuisances and hazards in accordance with the performance
standards within Section 4. N. of the Land Development Regulations{ Chapter 21' alsol conformance to
the City of Boynton Beach noise Control Ordinance.
With incorporation of all conditions and staff recommendations contained hereinr the proposed use
would operate in a manner that is in compliance with the above-referenced codes and ordinances of
the city.
RECOMMENDATION
Based on the discussions contained hereinr compliance with development regulationsr and the
consistency with the Comprehensive Planr staff recommends that this request for Conditional Use "
Major Site Plan Modification be approved subject to satisfying all comments contained in Exhibit He"
Conditions of Approval. Furthermorer pursuant to Chapter 2 - Zoningr Section 11.2 Conditional Uses, a
time limit is to be set within which the proposed project is to be developed. Staff recommends that a
period of one (1) year be allo\^v'ed to obtain a building permit for this project.
S' .PJanning\SH.^>RED\WP'J'RO.1H 'TS\JR Walersporls\COLJS/MSPM\Slaff RCpnrUl(IC
EXHIBIT "A" - SITE LOCATION MAP
J R WATERSPORTS COUS 09-001/MSPM 09-002
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ASSOCIATES
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Landscape &tnigafion pions for: DESIGNED BY:
JR':Water SpOrtSCARTER&ASSOCIA1ES
725 N,FederaI H'1ghway UlDICAPE ARCIITECTS lie.
lkIynton Beach, ROOdo 74flL5lhAVE. tlIIlrayeeactLIUB45I
561-2n-t621 IA B31
7 i
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USTIFICATION ST.~ TEMENT FvH J.R. WATERSPORTS SUBfVli
JUSTIFICATION STATEMENT
December 19. 2008
..' r)
~.Ji:L., I L
JR WATERSPORTS, (the "South Florida Premier Mastercraft BoattYealership-;') IS
applying for a Conditional Use for a new Boat Dealership at 725 North Federal
Highway, in Boynton Beach. "Mastercraft Boat Company is the premium
manufacturer of inboard wakeboarding, waterskiing, and luxury performance
boats." JR Watersports, a family owned dealership has been in business for seven
years. They are currently operating in a warehouse in an Industrial area west of ~
95 at 1220 W. Industrial Avenue, Boynton Beach, where they have outgrown the
space. Master Craft told them that they must move to a main thoroughfare with
frontage and visibility to passing traffic.
The property they are purchasing is well known to the Planning and Zoning
Department as well as the Code Enforcement Department. The property was being
run as a "used boat sales" facility. It was an eyesore as the owner had boats
everywhere and it was a disgrace to the area.
JR Watersports intends to make this a first class operation because of the name
they represent and the clientele they cater to. We are removing the roll up garage
doors in the front of the building and replacing them with glass. The property will
be well landscaped and the buildings will be refurbished. The very wide driveways
will be reduced to code and the fence along N. Federal Highway will be removed.
The boats that JR Watersports sells and services are very expensive boats. All of
the servicing is done indoors in the shop and if any boats are kept outside, they will
be behind a fence on the north side of the building or behind the building. Most of
the new boats will be stored in inside the showroom. This property will be an
asset to the City of Boynton Beach and to the area.
D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and
development board and City Commission shall consider only such conditional uses
as are authorized under the terms of these zoning regulations and, In connection
therewith, may grant conditional uses absolutely or conditioned upon the faithfu:
adherence to and fulfillment of such restrictions and conditions including, but no~
limited to, the dedication of property for streets, alleys, recreation space ane!
sidewalks, as shall be determined necessary for the protection of the surroundill~]
area and the citizens' general welfare, or deny conditional uses when not l'
harmony with the intent and purpose of this section. In evaluating an applicatior!
for conditional use, the board and commission shall consider the effect of the
proposed use on the general health, safety and welfare of the community and make
written findings certifying that satisfactory provision has been made concerning the
following standards, where applicable:
=XHIBIT C
JUSTIFICATION STATEMENT Furl J.R. WATERSPORTS SUBMITED TO BLJ ,'NTON BEACH DEC. 19,2008
1. Ingress and egress to the subject property and proposed structures
thereon, with particular reference to automobile and pedestrian safety and
convenience, traffic flow and control, and access in case of fire or catastrophe.
1. Ingress/egress to the property will be from N. Federal Highway since the
property is in the middle of a block with frontage on the street. Customer parking
will be along the front of the building with employee parking on the north side of
the building behind the fence. Access to the building for customers is in the front
but access for the boats is either in the rear or on the north side. There will be an
ingress/egress for boats into the showroom through a glass door on the front of the
building. They are replacing a roll up garage door with a glass door since they
want to have visibility for boats on display in the showroom. All roll up garage
doors on the front of the building will be removed.
There is access to three sides of the building, west, north and east. There will be a
rolling gate across the north portion of the lot for access to the dumpster and the
rear of the building. We were told that we should abandon the alley in the rear
(west side) of the building aiong the FEC Railroad tracks to give us more room. The
alley has been abandoned to the north already. I will be submitting the petition to
vacate/abandon just after submitting the conditional use petition so that they can
be concurrent.
2. Off-street parking and loading areas where required, with particular
attention to the items in subsection 0.1. above, and the economic, glare, noise,
and odor effects the conditional use will have on adjacent and nearby properties,
and the city as a whole.
2. As I stated in paragraph 1, off street parking will be along the front of the
building and in the lot on the north side of the building. Boats being serviced will
be inside the building and those awaiting service will be either on the north side or
the rear of the building.
Since this property abuts the FEC Railroad tracks to the west, Amerigas to the
south and the blank south wall of the Marine Scenes Aquarium to the north, the
service area will not be affecting any residences or business. The properties to the
west of the railroad tracks are all automotive business. Since the railroad does not
serve passengers but only freight, the service area should not have any visual
impact. There will be a hedge, trees and a fence along the tracks to buffer the
service area from the other business.
JR Watersports sets up new boats before delivery. The boats come completed
except for perhaps decals or options like radios, stereos, rod holders, etc. These
options are installed at JR Watersports. In some instances an engine will have to
2
EXHIBIT C
.USTIFICATICH\ SiATEfv1ENT Furl J.R. WATERSPORTS S! IBM
) r', ~
be replaced. If this happens, the new engine IS delivered to the shop and
installed in the boat inside the building. These are all GM Chevrolet V8 engine~,
Since this business mostly sets up new boats and does minor repairs, there will not
be any noise or odor impacts on the surrounding area.
These boats are not delivered on large trucks. The boats are picked up or delivered
to JR Watersports by being towed behind large pickup truck on a boat trailer"
Therefore, a loading are is not needed. The boat trailer is towed onto the lot and
dropped off in the rear of the building or on the lot on the north side. This is not
like a car dealership or a small boat dealership where large trucks deliver numerous
cars or boats at one time. These boats are delivered and sold one at a time so they
are delivered one at a time by a pickup truck towing a boat trailer.
3. Refuse and service areas, with particular reference to the items II)
subsection D. 1. and D.2. above.
3. There is an existing concrete block dumpster facility already built on this
property. We are trying to be able to use this facility as it is. We are hoping that it
will not have to be moved.
4. Utilities, with reference to locations, availability, and compatibility.
4. All utilities are in place on this property and do not have to be relocated.
5. Screening, buffering and landscaping with reference to type, dimensions
and character.
5. Screening for this property will be a 5' landscape buffer around the property
with hedges and trees. Some of the trees (palms) that are existing on the property
will be relocated and new trees added. There will be a total of 24 trees, 5
relocated and 19 new trees. The ones that are to be relocated are 3 Royal palms,
1 Sabel palm and 1 Coconut. The new trees will be 4 Verawood trees, 3 Live Oak
trees, 5 Coconut palms, 5 Silver Buttonwood trees and 2 Purple Glory trees. The
plantings will include Fakahatchee grass, Simpson stopper, Green Buttonwood,
Yellow Ixora, Duranta Erecta Sapphira and Dwarf red crown of thorn.
6. Signs, and proposed exterior lighting, with reference to glare, traffic
safety, economic effect, and compatibility and harmony with adjacent and nearby
properties.
The pole sign on the edge of the right-of-way is to be removed and the sign will be
a wall sign on the front of the building.
7. Required setbacks and other open spaces.
EXHIBIT C
JUSTIFICATION STATEMENT ~v~ J.R. WATERSPORTS SUBMITED TO Bv fNTON BEACH DEC. 19,2008
7. Since the buildings on this property are existing and will not be removed, the
current setbacks will remain the same. The open space will be increased due to
the fact that we are abandoning the alley RoW to the rear which will be added to
this property.
8. General compatibility with adjacent properties, and other property in the
zoning district.
8. To the south of this property is Amerigas, a "propane gas" facility which fills
propane tanks and has some very large tanks on the property which can be seen
from the street, to the north is a Marine Scenes Aquarium, across the street to the
east are a vacant small retail building, a used car sales lot and a two story
residential looking art gallery. To the south of the propane gas facility is a large
Goodyear tire and repair facility.
JR Watersports, will be compatible to this area and will be an asset.
9. Height of buildings and structures, with reference to compatibiiity and
harmony to adjacent and nearby properties, and the city as a whole.
9. Most of the buildings in this area are one and two story buildings. JR
Watersports is and will continue be a single story facility. This will fit into and be
compatible with the area.
10. Economic effects on adjacent and nearby properties, and the city as a
whole.
10. JR Watersports should not have an economic effect on the adjacent business
but will be an asset to the area and the City as a whole.
11. Conformance to the standards and requirements which apply to site
plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development
Regulations.
11 . This project complies with all of the standards and requirements which apply
to site plans as set forth in Chapter 4 of the Boynton Beach land Development
Regulations.
12. Compliance with, and abatement of nuisances and hazards in
accordance with the performance standards, Section 4.N of Chapter 2; also,
conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15,
Section 1 5.8 of the Boynton Beach Code of Ordinances.
4
EXHIBIT C
IUSTIFICATIGr'; STLT:::MENT I- uri J.R. WATERSPORTS C;I JBfvW '
~; r<.;
12. JR Watersports will not generate any noise or hazards in accordance w'th
the performance standards. This is a clean and quiet business which will be an
asset to the area.
13. Required analysis. All conditional use applications for bars < nightclu
and similar establishments shall include the following analysis <
13. JR Watersports does not fit into this category.
EXHIBIT C
EXHIBIT "D"
Conditions of Approval
Project name: JR Watersports
File number: caus 09-001 I MSPM 09-002
Reference: 2nd review plans identified as a Conditional Use I Major Site Plan Modification with a May 5,2009
dZ d ki
Planning an onmg ate stamp mar ng.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- Solid Waste
Comments: None X
PUBLIC WORKS - Forestry & Grounds
Comments:
1. Trees adjacent to sidewalk of North Federal Highway have to be a minimum X
of 10.5 feet clearance over the sidewalk (or any portion which is over the
sidewalk).
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
2. All utility easements and utility lines shall be shown on the site plan and X
landscape plans (as well as the Water and Sewer Plans) so that we may
determine which appurtenances, trees or shrubbery may interfere with
utilities. In general, palm trees will be the only tree species allowed within
utility easements. Canopy trees may be planted outside of the easement so
that roots and branches will not impact those utilities within the easement in
the foreseeable future. The LDR, Chapter 7.5, Article I, Section 18.1 gives
public utilities the authority to remove any trees that may interfere with
utility services, either in utility easements or public rights-of-way.
3. Fire flow calculations will be required demonstrating the City Code X
requirement of 1,500 g.p.m. 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 26-16(b )).
4. The LDR, Chapter 6, .Miele IV, Section 16 requires that all points on each X
building will be within 200 feet of an existing or proposed fire hydrant.
Please demonstrate that the plan meets this condition, by showing all
(existing or proposed) hydrants.
5. Please show all proposed and/or existing easements on the engineering X
drawings, using a minimum width of 12 feet. The easements shall be I
dedicated via separate instrument to the City as stated in CODE Sec. 26-
Conditions of Apprmul
,
I .- ,- . ._.........-.
DEP ARTMENTS i INCLLDE i REJH
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FIRE ,
Comments: None i X ---..-;. fi
, i;
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POLICE
Comments: None I X
I ---1 .,
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ENGINEERING DIVISION !i
;
Comments: None I X i,
! I 1:
I
BUILDING DIVISION i ,
---r- i
Comments: i i ;,
6. Please note that changes or revisions to these plans may generate additional I X I !
,
comments. Acceptance of these plans during the TART (Technical !
Advisory Review Team) process does not ensure that additional comments !
may not be generated by the commission and at permit review. ,i
i i
7. Indicate within the site data the occupancy type of the/each building as ! X i ;
defined in 2004 FBC, Chapter 3.
I j j
8. At time of permit review, submit signed and sealed working drawings of the I X ! !
proposed construction.
I
9. If capital facility fees (water and sewer) are paid in advance to the City of X
Boynton Beach Utilities Department, the foIlowing information shaIl 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)
i --
10. Pursuant to approval by the City Commission and all other outside agencies, X !
the plans for thIS project must be submItted to the BUIldmg DnlSlOn for
review at the time of permit application submittal. The plans must
incorporate al1 the conditions of approval as listed in the development order
and approved by the City Commission.
11. 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.
DEP ARTMENTS INCLUDE REJECT
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)-561-
734-0872)
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments:
12. The applicant should show an elevation cross-section detail of the actual X
heights of the proposed landscape trees and vegetation at the time of
planting to (proper scale) visually buffer the proposed buildings and parking
lot from the Federal Highway road right-of-way.
PLANNING AND ZONING
Comments:
13. It is the applicant's responsibility to ensure that the new site plan is publicly X
advertised in accordance with Ordinance 04-007.
14. The applicant is responsible for compliance with Ordinance 05-060, the X
"Art in Public Places" program. The applicant indicates the cost will not
reach the $250,000 threshold. Should the permit value exceed the threshold,
the applicant shall be subject to said regulations.
15. The list of gross floor areas on the Site Plan does not appear to correspond X
with that depicted on Sheet A-4. Please correct.
16. Rooftops will be treated as part of the building elevations. All rooftop X
equipment must be completely screened from view at a minimum distance
of 600 feet. Please indicate if any equipment is proposed above the roofline
and how it will be screened.
17 1\.10 boat may be displayed or stored forward of the showroom or fence X
depicted on the site plan.
18. No repair or service work may be performed outside the service bays of the X
building.
19. The COUS/MSPM is contingent upon approval of the corresponding alley X
abandonment (ABAN 09-003).
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
20, All improvements depicted on the Major Site Plan Modification drawings X
are to be completed within one (1) year of the date of approval, or the
Conditions of Approval
4
I
DEPARTMENTS
Conditional Use approval shall be revoked.
i INCL[I[)E L~J~(:]
..~__._......,._'"f,
ADDITIONAL CITY COMMISSION CONDITIONS
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Comments:
To be determined.
S ".Planning\SHARED\ WP\PROJECTSVR Watersports\COUS 09-001 \COA .doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
JR Watersports
APPLICANT'S AGENT:
Beril Kruger of Beril Kruger Planning & Zoning Consultants
APPLICANT'S ADDRESS:
9 NE 16th Street, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 4,2009
TYPE OF RELIEF SOUGHT: Request for Conditional Use / Major Site Plan Modification approval for
a new boat dealership and ancillary customization/service component
in an existing 7,419 sq. ft. building, in a General Commercial (C-4)
zoning district.
LOCATION OF PROPERTY: 725 N. Federal Highway
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\JR Watersports\COUS 09-001\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
Ms. Zeitler explained the process to Ms. Miller.
Lydia Thomas. 331 NE 11th Avenue, explained they purchased the land in 2006, and
she received approval for a privacy fence, which she installed but it encroached into the
easement. She indicated if they took five feet from her, she would lose the investment
she made in the fence. It was explained land was being added to the lots on NE 11th
between Seacrest and just west of the railroad. All Ms. Thomas needed to do was
maintain the land and allow access when the utility line needed to be serviced.
Motion
Mr. Myott moved to approve the abandonment of the alleyway between 11th and 12th
Avenue as a City-initiated request for abandonment of an unimproved alley right-of-way
five (5) feet in width lying between NE 11th Avenue and NE 12 Avenue, extending east
from North Seacrest Boulevard to an area west of Railroad Avenue, with all staff
comments. Ms. Grcevic seconded the motion that unanimously passed.
B. JR Watersports
Abandonment
Ed Breese, Principal Planner requested the two items be combined for presentation
purposes and then have separate motions. There were no objections from the Board.
OWNER:
JR Watersports (ABAN 09-003)
Beril Kruger of Beril Kruger
Planning & Zoning Consultants
Michael Wood, Contract
Purchaser
725 North Federal Highway
Request for abandonment of an
unimproved alley, approximately
20 feet wide by 206 feet in length
totaling 4,135.4 square feet,
running north and south adjacent
to and parallel with the Florida
East Coast (FEC) railroad.
1.
PROJECT:
AGENT:
LOCATION:
DESCRIPTION:
JR Watersports
Conditional Use/Major Site Plan Modification
AGENT:
JR Watersports (COUS 09-001 -
MSPM 09-002)
Beril Kruger of Beril Kruger
Planning & Zoning Consultants
Michael Wood. Contract
1.
PROJECT:
OWNER:
7
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
LOCATION:
DESCRIPTION:
Purchaser
725 North Federal Highway
Request for conditional use/major
site plan modification approval for
conversion of two (2) vacant
buildings totaling 7,419 square
feet to a new boat dealership
including an ancillary
customization/service
component, in a General
Commercial (C-4) zoning district.
Ed Breese, Principal Planner, explained Bill Kruger - representing JR Watersports,
requested the City abandon a 20-foot portion of the alley behind the property. The alley
runs north and south, adjacent to, and parallel with the Florida East Coast Railroad. The
applicant planned a MasterCraft Boat showroom and customization business.
Ownership of the alleyway would enhance access, improve security, and to make
improvements within the 20-foot area. Staff determined the alley no longer served a
public purpose and recommended abandonment, subject to the establishment on an
easement for utility purposes.
- .
JR Watersports was seeking a conditional use and major site plan modification. Their
current location was on West Industrial Avenue in the M-1 Zoning District; however,
their agreement with MasterCraft required them to have a more visible business
location. The overhead bay doors would be replaced with storefront glass for a
showroom. Boat maintenance would occur to the rear of the building. Fifteen parking
spaces would be required and it was noted the site plan reflected they could meet the
15 spaces. The property would be landscaped. Boats would be stored behind the
security fence behind the front building line. Staff recommended approval of both the
abandonment, and the conditional use/major site plan modification.
Mr. Kruger explained JR Watersports' present facility was half the size of the pr.oposed
location, Mr. Kruger circulated photos of the property and what was behind the bljilding.
The last photo reflected the property used to be a mess until JR Watersports took
possession of it. '
The MasterCraft colors were blue and white. The new building would be white with blue
trim. A mansard roof on part of the building would be removed and made uniform. They
would also address existing property violations. The previous use for their new iocation
was a shoddily-run boat operation that had boats in various states of disrepair and no
parking.
Staff supported the request. There were 19 conditions of approval, and two regarding
easements. Mr. Kruger concurred with all of the conditions of approval, and agreed to
an added condition that the applicant would obtain a building permit within a year.
8
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
The Board requested viewing the site plan and on further inquiry, learned the signage
would indicate only "MasterCraft Boats."
David Hawke, Hawke and Associates, Architects, explained they have a sign package
that would parallel the building permit. The applicant agreed on record to work with the
property owner. They would have at least one set of ADA compliant restrooms; have
the doors swing in the correct direction; replace inoperable doors; and address anything
having to do with the health, safety and welfare of the public entering the building and
the employees working there. Exposed wires would be addressed, as would the air
conditioning. All electrical upgrades would be made prior to occupancy. The Fire
Marshall and Tim Large of the Building Department would inspect the facility prior to
occupancy to review and approve their improvements. Screening, fencing and
landscaping would be provided in a phased approach. All code violations would be
corrected. The chain link fence would be removed. The sign on Federal Highway would
be removed and replaced with a decorative aluminum fence, as they wanted the police
to be able to see through the fence since the boats there were expensive.
Chair Jaskiewicz did not understand how the Board could enforce the elements of the
site plan and associated conditions if the applicant was already occupying the premises
Mr. Breese explained the applicant could be given a deadline to accomplish the
improvements.
Discussion turned to allowing a year to complete the improvements. Mr. Kruger noted
the Code required the site plan conditions must be met within a year and one half. It
was noted the applicant could not move in until the building was brought up to Code.
Mr. Breese explained it was reasonable to allow a year for the remaining improvements
to be made, and if they were not made, the conditional use would be revoked.
Motion
Vice Chair Saberson moved to approve the staff recommendation for JR Watersports
abandonment.
Daniel Spotts, 805 N. Federal Highway, expressed concern that the use was not
consistent with the Heart of Boynton or Downtown Master Plan. Mr. Spotts owned a
retail store immediately north of the subject property. The area was zoned C-3. He
explained there are abandoned lots to the north and south of him, and the area looked
bad because of the decrepit buildings. He asked the Board to think about the long-term
goals for the area, and whether the proposed use was appropriate.
Mr. Barnes arrived at 7:37 p.m.
The prior owner of the site operated under the auspices of an auto repair shop, which
was allowed under the Code. It then evolved into an engine repair shop; then' a boat
9
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
engine repair shop, then into a boat repair shop, and it got out of hand. There were
boats parked on the street in the front parking lot area and behind the fence, which was
not screened and was not allowed. He commented a conditional use was being sought
because a boat dealership was not allowed. He expressed customizations were better
done in an industrial area. The prior owner made repairs in the alleyway and Mr. Spotts
reported hazardous chemicals were strewn all over the property. When Mr. . Spotts
moved into the business, he asked the City to clean up the property and was advised
they were citing the owner but they could not do anything as the property was in
foreclosure. The owner did not apply for business permits and operated for years
without any. His concern was the new owners would gain access to the premises and
then do whatever they wanted.
Mr. Spotts explained he requested the same alleyway abandonment and was not
allowed to permit parking in that area because of a City waterline. The building was very
close to the existing 20-foot abandoned right-of-way, and the discussion was most of
the boats would be located in the alleyway that he was not allowed to park in. He
suggested the Board consider whether the owner could keep all the boats within a
restricted area, have the access to move the boats in and out, or if it would wind up on
Federal Highway. He believed the owner wanted the business to look nice, but he felt
the Board should consider the master plan for the area. The building was in bad shape.
He explained across the street was an auto/used car dealership that had boats. He
requested the Board not open the door to this type of business. He asked if the Board
was comfortable with a boat dealership in the area.
Chair Jaskiewicz noted Mr. Spotts' concerns and explained that was why the Board was
imposing deadlines. The improvements must be completed in conformance with the site
plan within one year. '.
Mr. Kruger explained JR Watersports was in existence for eight years. The boats from
MasterCraft were expensive. He clarified the only work he would do was customization
and he could go to the site where the boat was or the boats come in on a trailer pulled
via pick-up truck. If a motor was needed, a crate arrives, they remove the old motor,
install the new one, put the broken motor in the crate and move it out. They would add
items such as towers to the boats, stereos, leather seats or whatever was needed. The
boats have 350 horse power' Chevy engines and the prices rariged from $50,000 to
$190,000. Chair Jaskiewicz explained if the applicant complies with the conditions, it
would be an asset.
She inquired how the applicant could operate if the conditions were not complied with in
advance.
Mr. Rumpf explained the applicant was applying for and intending to receive approval
for a conditional use, which would allow them to operate. It was not the site plan or
major site plan modification approval that granted the applicant the ability to begin
operating. It was the safety requirements of the Florida Building Code, which .set the
10
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
timing in which an operation can begin stocking, Temporary Certificates of Occupancy
are issued in advance of all the necessary improvements to be done. Site inspections
were necessary, prior to allowing operations and not every improvement, such as
appearance, was part of the Building Code that the permit and operation was attached
to.
Mr. Breese explained the Board added a specific condition of approval, in addition to
other conditions, that all improvements to the building must be made within one year or
the conditional use was revoked. The applicant could not operate from that location, or
would have to apply for a new conditional use approval.
Mr. Spotts reiterated his concerns regarding the hazardous chemicals and requested
the City stay on top of the matter to ensure there were no boats in the front Chair
Jaskiewicz explained there were 21 stringent conditions of approval.
An inquiry was made about the definition of customization. Mr. Kruger clarified adding a
stereo, seats or a motor was not customizing - rather customizing was stripping down
and removing equipment. They were oniy adding items to new boats. He acknowledged
the boats were not permitted to be parked out front The applicant has been operating
for eight years and there has never been a problem.
Motion
Mr. Myott moved to approve the request for abandonment of an unimproved alley
approximately 20 feet wide by two hundred and six feet in length, totally 4135.4 square
feet running north and south adjacent to the and parallel to the Florida East Coast
Railroad subject to all staff comments. Ms. Killian seconded the motion that
unanimously passed.
Motion
Mr. Myott moved to approve a request for a conditional use/major site plan modification
for the conversion of two vacant buildings totaling 74,019 square feet for a new boat
dealership including ancillary customization service components in a general
commercial C-4 zoning district subject to all staff comments and the addition of a new
comment that all the improvements would be made within a one-year timeframe as
another condition of approval, or the conditional use would be revoked at the end of this
time. Vice Chair Saberson seconded the motion that unanimously passed.
C. Southern Pine Lumber
Major Site Plan Modification
1.
PROJECT:
Southern Pine Lumber (MSPM
09-005)
Timothy J. Healey, Frontier
AGENT:
11
VIII.-PUBLIC HEARING
ITEM F.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FOAAl
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Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must ~
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procuremeirt"
Dates Office
0 July 7,2009 June 15, 2009 June 10, 2009 June 8, 2009
[8J July 21 , 2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 July 13,2009
0 August 18, 2009 August 3, 2009 July 29,2009 July 27,2009
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 Unfinished Business
[8J Public Hearing 0
RECOMMENDATION: Please place this request on the July 21, 2009 City Commission Agenda under Public
Hearing. The Planning and Development Board on June 23, 2009, recommended that the request be approved, subject to all
staff conditions. For further details pertaining to this request, see attached Department Memorandum No. 09-038.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Southern Pine Lumber (MSPM 09-005)
Timothy J. Healey, Frontier Engineering, Inc.
Richard S. Kozell of Southern Pine Lumber Company
11 West Industrial Avenue
Request for major site plan modification approval to add a 1,056 square foot modular
office building and associated site improvements, and to demolish the existing 611 square
foot office building, on a 0.84-acre parcel in the M-l zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
!
I
Developm
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,--~J
lanning and Zon. irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJEC \Southern Pine Lumber\Agenda Request Southern Pine Lumber MSPM 09-005.2 7-21-09.doe
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City Manager's Signature
Assistant to City Manager ~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 09-038
STAFF REPORT
FROM:
Chair and Members
Planning and D;;velorent Board
. I "
Michael Rumpf L,),.:)<-
Planning and Zoning Director
Ed Breese ~i
Principal Planner
TO:
THRU:
DATE:
May 29, 2009
PROJECT NAME/NO:
Southern Pine Lumber
MSPM 09-005
REQUEST:
Major Site Plan Modification
PROJECT DESCRIPTION
Property Owner/Applicant:
Richard S. Kozell of Southern Pine Lumber Company
Agent:
Timothy J. Healey, Frontier Engineering, Inc.
location:
1100 West Industrial Avenue (see Exhibit "A" - Location Map)
Existing land Use/Zoning:
Industrial (I) / Light Industrial (M-l)
Proposed land Use/Zoning:
No change proposed
Proposed Use:
Request for major site plan modification approval to add a 1,056
square foot modular office building and associated site
improvements, and to demolish the existing 611 square foot office
building, on a O.84-acre parcel in the M-l zoning district.
Acreage:
O.84-acres (36,486 sq. ft.)
Adjacent Uses:
North:
Industrial property used for a bus compound (First Transit, Inc.) zoned M-l;
South:
Developed industrial property (Vermeer Equipment) zoned M-l;
East:
Developed industrial property (Osprey Building Materials) zoned M-l; and
West:
Right-of-way for West Industrial Avenue, farther west single-family residential
homes zoned RiA (Single-family Residential).
Staff Report - Southern Pine Lumber (MSPM 09-005)
Memorandum No PZ 09-038
Page 2
Project size:
The project consists of the addition of a 1,056 sq. ft. modular office building to the
0.84-acre site and the demolition of the existing 611 sq. ft. office building.
Site Characteristic: The subject parcel is a rectangular piece of land with 105 feet of frontage along
West Industrial Avenue and a depth of approximately 347 feet. The lot is improved
with a concrete surface for a lumber storage yard, as well as drainage structures,
four parking spaces and a fence.
BACKGROUND
Proposal:
Richard Kozel/, owner of Southern Pine Lumber Company, proposes to add a 1,056
sq. ft. modular office building at his lumberyard, to replace an aging 611 sq. ft.
office building in need of repairs and too small for the business operations.
ANALYSIS
Concurrency:
Traffic: The addition of slightly more than 400 sq. ft. of office space to this site does not
generate enough vehicular trips to warrant a traffic study.
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.
Driveways: The subject property fronts on West Industrial Avenue. Existing on-site circulation
consists of one (1) driveway near the middle of the property frontage, which is not
slated for change with the proposed office addition. The driveway width measures
approximately 30 feet, to accommodate large trucks associated with lumber
delivery.
Parking Facility: Parking required for this type of facility is based on one (1) parking space per 300
square feet of office space (1,056 sq. ft./300), for a total of 4 parking spaces. The
plan as designed provides four (4) existing parking spaces, including 1 handicap
space. The existing parking spaces on the site are dimensioned at 9.5 feet x 18
feet. These spaces will be re-striped as part of the site modifications and a striped
handicap crosswalk provided to the new office building.
Landscaping: The proposed perviOUS or "green" area of the property would be 7,414 square feet
or 20%. The site plan (Sheet 1 of 3) indicates that two (2) signature trees
(Tibouchina Grandulosa) will be added along the entrance drive aisle, six (6) Sabal
Staff Report ~ Southern Pine Lumber (MSPM 09-005
Memorandum No PZ 09-038
Page 3
palms will be added, at staggered heights between 14 and 18 feet, and new
Fakahatchee grass plants (24" X 24") will be added in front of the fence. The
applicant will also re-sod the retention area at the front of the site.
Building and Site: As noted earlier, the proposed new office structure is a modular building. The
building has a typical roof height of 15 feet, measured to the top of the roofs
highest peak. The maximum allowed height in the M-l zoning district is 45 feet
The applicant has provided a color photograph of a nearly identical modular office
building at another Southern Pine Lumber location. The applicant has indicated the
differences between the proposed office and the one in the photograph are, 1) the
larger ramp and railing entry will be on the east side of the building, rather than
the south side as depicted in the photo, 2) the proposed building will have more of
a storefront entry as opposed to the french door entry depicted in the photo, and
3) there will not be a window on the west elevation as shown in the photo. As the
color photograph depicts, the building will be painted a creamy beige color and
accented with blue-grey shutters and a white railing along the deck, stairs and
ramp. The wooden fencing aiong the front of the site will be repaired and replaced
where necessary. The existing office structure will be demolished upon occupancy
of the new office space and the area will be utilized as a staging area for loading
trucks or for additional storage space for inventory.
Signage: The applicant is not proposing any new signage with the addition of the modular
office building.
Public Art: The applicant has indicated that the cost associated with the new office building
will not exceed the permit value threshold required to provide public art. Staff
notes that, should the project's permit valuation exceed $250,000, the applicant
will be responsible for compliance with said regulations (see Exhibit "("
Conditions of Approval).
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. 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 and/or
approved by the City Commission shall be documented accordingly in the Conditions of Approval.
5:\Planning\SHARED\WP\PROJECfS\Southern Pine Lumber\MSPM 09-005 Staff Report.doc
EXHIBIT "A" - SITE LOCATION MAP
SOUTHERN PINE LUMBER MSPM 09-005
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EXHIBIT "e"
Conditions of Approval
rroject name: Southern Pine Lumber
File number: MSPM 09-005
Reference: 2nd review plans identified as a Major Site Plan Modification with a May 26, 2009 Planning and Zoning date
ki
stamp mar ng.
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: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments:
l. At time of permit review, submit signed and sealed working drawings of the X
proposed construction. At time of permit review, add a general note to the
site plan that all plans submitted for permitting shall meet City's codes and
the applicable building codes in effect at the time of permit application.
2. 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.
3. At time of permit review, show details of required handrails of the accessible X I
CondJtlOns of Approval
2
I I
\ DEPARTMENTS I INCLUDE I REJECT
wood ramp and front steps. I ,
i I
tread and riser I ,
4. Provide details on the step unit, including material, X
measurements. Provide framing details and footing info for the steps (i f I
framed) and the wood accessible ramp system. :i
5. At time of permit review, provide modular building floor plan along with X ! !
Florida Department of Community Affairs (DCA) approval and copies of the
insignias for the office units. i i'
6. At time of permit review, provide details of office unit footings, foundation X !'
and attachment of the office units and / or chassis to the ground to comply
with the 140 mph wind loading. ,
7. A Demolition Permit will be required to remove the existing one-story office X I!
building. i I'
I
8. Detectable warnings will be required at the base of the accessible wood ramp X
in accordance with the Florida Building Code, Building, chapter 11. i .il
T
P ARKS AND RECREATION I
I
I 11
Comments: None X i
I,
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! i ,I
Comments: None I X i ,I
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PLANNING AND ZONING i ;I
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I:
Comments: i ,i
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9. It is the applicant's responsibility to ensure that the new site plan 1S publicly X
advertised in accordance with Ordinance 04-007. I
i il
i ! n
10. Should the proposed building addition's pem1it valuation exceed $250,000, i X
the applicant is responsible for compliance with Ordinance 05-060, the" Art I
in Public Places" program, and must demonstrate their participation. I I
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ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
I I --1:
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1. None I
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ADDITIONAL CITY COMMISSION CONDITIONS I Ii
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Comments: I jl
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1- To be determined. I
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S:\Planning\SHARED\ WPIPROJEC'TS\Southern Pine Lumber\C'OA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Southern Pine Lumber
APPLICANT'S AGENT: Richard Kozell
APPLICANT'S ADDRESS: 1100 W. Industrial Avenue, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 21,2009
TYPE OF RELIEF SOUGHT: Request for Major Site Plan Modification to demo an existing office, and
locate a new 1,056 square foot modular office structure and associated
infrastructure improvements in an M-1 zoning district.
LOCATION OF PROPERTY: 1100 W. Industrial 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\SHARED\WP\PROJECTS\Southern Pine Lumber\DO.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
timing in which an operation can begin stocking. Temporary Certificates of Occupancy
are issued in advance of all the necessary improvements to be done. Site inspections
were necessary, prior to allowing operations and not every improvement, such as
appearance, was part of the Building Code that the permit and operation was attached
to.
Mr. Breese explained the Board added a specific condition of approval, in addition to
other conditions, that all improvements to the building must be made within one year or
the conditional use was revoked. The applicant could not operate from that location, or
would have to apply for a new conditional use approval.'
Mr. Spotts reiterated his concerns regarding the hazardous chemicals and requested
the City stay on top of the matter to ensure there were no boats in the front. Chair
Jaskiewicz explained there were 21 stringent conditions of approval.
An inquiry was made about the definition of customization. Mr. Kruger clarified adding a
stereo, seats or a motor was not customizing - rather customizing was stripping down
and removing equipment. They were only adding items to new boats. He acknowledged
the boats were not permitted to be parked out front. The applicant has been operating
for eight years and there has never been a problem.
Motion
Mr. Myott moved to approve the request for abandonment of an unimproved alley
approximately 20 feet wide by two hundred and six feet in length, totally 4135.4 square
feet running north and south adjacent to the and parallel to the Florida East Coast
Railroad subject to all staff comments. Ms. Killian seconded the motion that
unanimously passed.
Motion
Mr. Myott moved to approve a request for a conditional use/major site plan modification
for the conversion of two vacant buildings totaling 74,019 square feet for a new boat
dealership including ancillary customization service components in a general
commercial C-4 zoning district subject to all staff comments and the addition of a new
comment that all the improvements would be made within a one-year timeframe as
another condition of approval, or the conditional use would be revoked at the end of this
time. Vice Chair Saberson seconded the motion that unanimously passed.
C. Southern Pine Lumber
Maior Site Plan Modification
1.
PROJECT:
Southern Pine Lumber (MSPM
09-005)
Timothy J. Healey, Frontier
AGENT:
11
Meeting Minutes
Planning and Development Board
Boynton Beach, FL
June 23, 2009
OWNER:
Engineering, Inc.
Richard S. Kozell of Southern
Pine Lumber Company
1100 West Industrial Avenue
Request for major site plan
modification approval to add a
1,056 square foot modular office
building and associated site
improvements, and to demolish
the existing 611 square fOGt
office building, on a O,84-acre
parcel in the'M-1 zoning district.
LOCATION:
DESCRIPTION:
Mr. Breese presented the request and explained Southern Pine was a long-time
business within the City and was located in the M-1 zoning district. The project was to
replace an existing building with a modular office building, Traffic circulation would not
be impacted and they proposed to repair, and replace as necessary, the wooden fence
facing West Industrial Avenue and landscape in front of it. A photo of another of the
applicant's locations within the State was included for the Board to review, The only
change was instead of the French doors depicted in the photo, the door would have a
glass front. No new signage was proposed,
Attorney Alexander administered the oath to Mr. Kozell, the owner. Mr. Kozell agreed
with the conditions of approval. There were no comments from the Board or public.
Motion
Mr. Barnes moved to approve the request for a major site plan modification to demolish
an existing office and locate a new 1,056 square foot modular office structure and
associated infrastructure improvements in the M-1 zoning district subject to all staff
conditions. Vice Chair Saberson seconded the motion that unanimously passed.
D. Dogfather
Mobile Vending Unit
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
Dogfather (MVU 09-003)
Alicia Gondi, Cilantro Grill, LLC
Boynton JCP Associates, Ltd.
801 North Congress Avenue
(Boynton Beach Mall)
Request for mobile vending unit
(MVU) approval to be located
outside the main mall entrance,
on the north side of the entrance
opposite the former Ruby
DESCRIPTION:
12
IX. - CITY MANAGER'S
REPORT
ITEM B
CITY OF BOYNTON BEACh
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15,2009 June 10,2009 June 8, 2009
~ July 21, 2009 July 6, 2009 July I, 2009 June 29, 2009
0 August 4,2009 July 20, 2009 July 15, 2009 July 13, 2009
0 August 18, 2009 AUQust 3, 2009 July 29,2009 July 27,2009
0 AnnouncementslPresentations ~ City Manager's Report
NATURE OF 0 Administratiye 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Discuss candidate qualifications for the new CRA Board and approve application format.
EXPLANATION: Commissioner Weiland has requested the Commission discuss candidate qualifications for the CRA
Board. On June 16, 2009 the City Commission adopted Ordinance 09-030 providing for the appointment of a seven member
board of commissioners of the Community Redevelopment Agency. Excerpts of the minutes from the first reading (6/2/09)
and the adoption hearing (6/16/09) are attached. The City Clerk's Office has received inquiries from persons interested in
applying for the Board. A draft application is also attached for your review and approval.
In terms of qualifications, Ordinance 09-030 states "any person may be appointed as a Board Member if he or she resides or
is engaged in business, which means owning a business, practicing a profession, or performing a service for compensation, or
serving as an officer or director of a corporation or other business entity so engaged, within the area of operations of the
Agency, which shall be coterminous with the area of operation of the City, and is otherwise eligible for such appointment
under Part III of Chapter 163, Florida Statutes."
As a matter ofinfonnation, the Board openings will be posted on the City's website and BBTV (public TV channel). We will
blog and twitter them as well. Lastly, notices will be placed in the City's utility bills and press releases will be prepared for
the news media.
PROGRAM IMP ACT: Need application fonnat approved to begin application process. Qualifications to be stated on
application.
FISCAL IMPACT: None.
AL TERNA TIVE&: Not approve application format at this time.
?(/ J
. - I
. A.L .~(,/ {~iL.L~
J)epartmeKt Head's Signature
Not finalize candidate qualifications at this time
d;7 ~
. '/.
. .^"-. ~ ...' 0~'----
City Manager's Signature
~
Assistant to City Manager
City Manager's Office
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Excerpt from City Commission Meeting of June 2, 2009
3. Proposed Ordinance No. 09-030 RE. Approving the
creation of a seven member Community Redevelopment Agency Board
Attorney Cherof read Proposed Ordinance No. 09-030 by title only on first reading.
Commissioner Rodriguez commented his original motion was to add two members to the pane!
to groom two leaders to serve with the current board. It would be very aggressive to place
seven volunteer members on a board and take over the functions of the CRA. He suggested
the Commission reconsider his original motion to add two members and develop a plan to
gradually move to seven members.
Mayor Taylor contended the current CRA Board was doing an outstanding job and moving
forward with the assistance of the community committee developing goals and objectives to be
achieved. He believed the timing of the transition was an issue. A seven member board
created by the new Commission would be better. Campaign promises are often based on
partial information and cannot be achieved as quickly as anticipated once all the facts are
learned. A new seven member board may retard the progress of the current board. Mayor
Taylor advised he would support the transition at a later date.
Vice Mayor Hay had made the commitment to start the process and acknowledge the current
Board had little or no training when they first sat as the Community Redevelopment Agency
Board. The Commission would retain the authority to determine the timeline for implementing
an independent board.
Commissioner Rodriguez submitted adding two members would achieve the goals and
objectives of both Mayor Taylor and Vice Mayor Hay. Being a City Commissioner did prepare
the current Board for their roles on the CRA Board.
Commissioner Ross was concerned with the stability factor of the CRA Board and had received
conflicting messages on the desire of the residents. She favored waiting to add the seven
members and did not want to add two at the present time. The two year stability of the
current Board offers the community a valuable asset.
Mayor Taylor was not in favor of adding any members at this time. A seven member board
should be appointed at a later date. Commissioner Rodriguez noted there was no ongoing
development and it would be the best time to engage the volunteer board. Vice Mayor Hay
interjected it would be the best time to train seven rather than just two.
Mark Karageorge, 240A Main Boulevard, recalled the past motions and suggestions for the
creation of an independent Board. He was in total agreement with Vice Mayor Hay and
contended a timetable should be established to implement an independent Board. There are
many concerned citizens who have been attending meetings on a regular basis who would be
able to function as a Board member. He speculated it would take a considerable amount of
time to review applications, conduct interviews and make recommendations.
Attorney Cherof announced the new Board would take over the second Tuesday of the month
after the seven members were appointed. There is a schedule for the term of each member's
appointment as set forth in the statute. Each appointment will require the full vote of the
Commission.
C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLK5B\June 2 - eRA Ordinance,doc
Excerpt from City Commission Meetina of June 2. 2009
Victor Norfus, 261 N. Palm Drive, suggested there was some confusion about the ordinance.
Attorney Cherof explained the ordinance was originally drafted to add two members to serve
along with the Commission. On first reading the direction changed and a new ordinance was to
be drafted appointing all seven members at one time, not including the members of the
Commission. Mr. Norfus contended it should be a gradual appointment of members rather than
seating all seven members at one time. Mr. Bressner stressed there would be no transition.
Mr. Norfus urged the Commission to at least start the process.
Commissioner Weiland understood appointments made at this time would not be able to sit on
the Board until the seventh person was appointed. Attorney Cherof clarified no one could be
appointed until the Code provision is amended describing the number of people on the Board.
The Statute has no provision for training to be a Board member. It is on-the-job training.
Don Scantlan, 13 Cedar Circle, suggested alternate, non-voting members could be written into
the Code and it would be the Commission's discretion if they were advanced as regular
members. Attorney Cherof explained the Board was described by Statute and the Commission
cannot dictate the configuration.
Lee Wische, 1301 SW 18th Street, contended the vacancies would be immediately listed and
two of the five Commissioners would make two appointments to total seven members. The
Board could be named in a couple of meetings and could begin their duties.
Buck Buchanan, 807 Ocean Inlet Drive, Chair of the Chamber of Commerce and past
President of INCA, reiterated both organizations supported a fully independent board. He urged
the Commission to pass the Proposed Ordinance as submitted and commence the process as
soon as possible. In his experience, some developers directed their efforts toward the
Commission and ignored the recommendations of the other Boards. When that type of
behavior by developers ceases, it would be the acid test of a competent Board. He stressed an
independent board is the will of the people and citizens need what the City needs.
Motion
Vice Mayor Hay moved to approve Proposed Ordinance No. 09-030. Commissioner Ross
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2. (Mayor Taylor and Commissioner Weiland
dissenting)
C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLKSB\June 2 - CRA Ordinance.doc
Excerpt from June 16. 2009 City Commission Meetina
Excerpt from June 16, 2009 City Commission Meeting
2. Proposed Ordinance No. 09-030 RE: Approving the
creation of a seven member Community Redevelopment Agency Board.
Attorney Cherof read Proposed Ordinance No. 09~030 by title only on second reading.
Mayor Taylor opened the public hearing.
Buck Buchanan, 807 Ocean Inlet Drive, Chairman of the Board of the Boynton Beach
Chamber of Commerce, and past President of Inlet Cove Association (INCA) noted both
organizations supported the establishment of an independent board. During the past election,
all three elected Commissioners voiced their support for an independent board. The ordinance
passed 3-2 at the last meeting. Mr. Buchanan believed it was the will of the people that an
independent board be created, and he urged the ordinance be unanimously adopted.
Victor Norfus, 261 N. Palm Drive, opined the Commission would still maintain oversight of a
new citizen board and he hoped all the Commissioners would support the measure.
Mayor Taylor noted the last time a CRA Board had been appointed, the applicants had been
interviewed by Quintus Greene, the CRA Director at that time, who thereafter presented a list to
the City Commission for appointment. He inquired whether this procedure would be followed.
City Clerk Prainito advised the process used in the past for the CRA Board followed the same
process used by other boards and was used the last time the CRA Board members were
appointed to an all-citizen board. Commissioner Rodriguez believed it would be a conflict of
interest and inappropriate for the CRA Director to interview the applicants.
Quintus Greene, Development Director, provided information on the manner in which the
process was followed at the time he served as CRA Director. After he had interviewed the
applicants, he compiled a list of the most qualified candidates and presented it to the
Commission for approval with the proviso that the Commission accept his recommendation. The
process had been reasonably successful.
Commissioner Rodriguez believed, if the ordinance were approved, applications for CRA Board
members should be accepted and a determination regarding the review and selection process
could be made at a later date.
Mayor Taylor commented a Community Committee of approximately 100 individuals had been
created and had been providing input from CRA area residents. The Committee had been
meeting regularly with staff and recommendations were brought to the CRA Board. Mayor
Taylor noted once an independent board had been established, the Commission would no
longer have oversight of the CRA Board. Mayor Taylor believed the current CRA Board was
doing a wonderful job and accomplishing a great deal. As such, he would not support the
ordinance.
Mr. Weiland noted the Commission had heard from only a small faction of the community and
he did not feel the CRA Board was ready for the transition. He urged the Commission not to
rush into anything.
C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLKSB\June 16 - CRA Ordinance (2),doc
ExcerDt from June 16, 2009 City Commission Meetina
Questions raised by Commissioner Rodriguez are listed below, together with Attorney Cherof's
responses.
Q: Would the current CRA Board remain until the transition occurred?
A: Yes. The Commission served as the CRA Board until the seven independent
individuals were appointed.
Q: What can the Commission do at this time to impose restraints on the board to be
appointed?
A: There is little the Commission can do, as there are powers prescribed by Statute,
rather than by City Commission.
Vice Mayor Hay noted the Community Committee met regularly with the Executive Director and
provided input to the CRA. He had heard from the community on several occasions and they
supported the independent board. While he supported a seven-member board, he did not feel
the Commission should rush into this and hoped the Commission could agree on a timeline.
Mark Karageorge, 240A Main Boulevard, believed the ordinance should be approved but
agreed the process should be slow and deliberate.
In response to Commissioner Ross' inquiry, Attorney Cherof advised the ordinance did not set
any timetable for the appointment of the seven-member board.
Motion
Commissioner Rodriguez moved to approve Proposed Ordinance No. 09-030. Vice Mayor Hay
seconded the motion.
Vote
City Clerk Prainito called the roll. The vote was 3-2 (Mayor Taylor and Commissioner Weiland
dissenting).
C:\Documents and Settings\laverrierel\Local Settings\Temporary Internet Files\OLKSB\June 16 - CRA Ordinance (2).doc
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ii I
ORDINA-'\CE NO. 09- (: ':':..
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2. ADMINISTRATION, SECTION 2-13.2
PROVIDING FOR APPOINTMENT OF A SEVEN
MEMBER BOARD OF COMMISSONERS OF THE
COMMUNITY REDEVELOPMENT AGENCY:
PROVIDING A TRANSITION DATE FOR THE SEVEN
MEMBER BOARD TO TAKE OFFICE; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, the City of Boynton Beach has determined that it is in the best interests of
the citizens and residents of the City to appoint a seven member Board of Commissioners of the
Community Redevelopment Agency in lieu of the City Commission providing governance of
i I the Agency.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. That Chapter 2. Administration, Section 2-13.2 shall be amended by
adding the words and figures in underlined type, as follows:
Sec. 2-13.2. Governing body of community redevelopment agency.*
_(a) The members of thc City Comn:.i~3ion constitute the governing body (Board) of
the Community Redevelopment Agency shall be comprised of seven (7) members appointed by
the City Commission.
_(b) Chair and Vice-Chair. The City Commission shall desi12:nate Mayor shall be the
Chairperson and the Vice Mayor the Vice Chairperson of the Board of the Communit\'
.'
Redevelopment Agency.
34
(c)
The terms of office of the Board Members shall be for 4 vears. except that three
of the members first appointed shall be designated to serve terms of I, 2. and 3
Years. respectively, from the date of their appointments. and all other members
shall be designated to serve for terms of 4 years from the date of their
aDPointments. A vacancv occurrini2: durin2: a term shall be filled for the
unexpired term.
35
SICAIOrdinanceslCRA\CRA Board Seven New Members 060209 doc
'.
(d)
Anv person may be appointed as a Board Member if he or she resides or is
enllaged in business. which means owning a business. practicing a profession. or
performing a service for compensation. or serving as an officer or director of a
corporation or other business entity so enllaged. within the area of operation of
the Agency. which shall be coterminous with the area of operation of the City~
and is otherwise eligible for such appointment under Part III of Chapter 163..).
Florida Statutes.
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Section 2. All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 3. Should any section or provision of this ordinance or portion hereof, any
paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the remainder of this ordinance.
Section 4.
Authority is hereby granted to codify said ordinance.
Section 5. This ordinance shall become effective immediately upon passage~
however. the transition date of the Agencv Board from the City Commission to the seven (7)
member Board shall be at the commencement of the Board Meeting held on the second Tuesday
of the month following the appointment of the seven (7) board members. at which time the
seven (7) member board shall take office.
FIRST READING this _ day of June, 2009.
2
S:\CA\OrdinanceslCRA\CRA Board Seven New Members 060209,doc
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SECOND, FINAL READING AND PASSAGE this_____.. day Dl June. 200(,
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
3
S:\CA\Ordinances-CRA\CRA Board Seven New Members 060209.doc
CITY OF BOYNTON BEACH
COMMUNITY REDEVELOPMENT AGENCY BOARD
APPOINTMENT APPLICATION
MEETING DATE/TIME RESPONSIBILmES
The Boynton Beach Community Redevelopment Agency setves the community by guiding
2nd TUESDAY - 6:30 PM redevelopment activities that create a vibrant downtowl1lcbre and revitalized neighborhoods
within the CRA district. The CRA district is 1,650 aCres ~Iong the eastern edge of the City of
Boynton Beach. The major north/south road in the . federal highway/U.S. 1. EastjWest
connectors are Gateway Blvd., Boynton Beach ~lvd'iW ght Road, and Gulfstream Blvd. The
activities and programs offered within a Community Re ment Area are administered by
the Community Redevelopment Agency. The City Commiss ~. determined that the Agency
should be governed by a seven-member governing board ap ~ by the City Commission.
Any person may be appointed as <;:AA::Poard member if he or ~'.'.. sides or is engaged in
business, which means owning a bu~.ness, practicing a profession, '. ., '. arming a service for
compensation, or serving as an Qff'lCer or director ofa corporation or 'er...business entity so
engaged, within the area of ope of the Age , .:which shall be coterml'F~~ with the area
of operation of the City. Addition ation ring the CRA can be obtained by accessing
the CRA web site at htt : www.bo
Thank you for your interest in serving on th~C(jmmuni~ Redeveloprtlent Agency Board and for taking the
time to fill out this form. Please print or ~pe allag..r5 clearlY"/If instructions are not followed or
the application is not filled out in its entirety, the form will.. efeturned fordarification.
Name
Telephone #
Address
Zip Code
E-mail Address:
Phone:
Current occupation or, if retired, prior occupation
Education
Are you a regist~ted voter?
Do you reside withii'l the Boynton ~~ach City limits?
Do you own/managei:I'Ql.lsiness within the City limits:
If "yes", nameo~business
Are you currently servingona City board?
Have you served on a City bOard in the past?
If so, which board(s) and when?
Yes
Yes
Yes
No
No
No
Yes
Yes
No
No
Have you ever been convicted of a crime?
If so, when
Where
*A resume must be submitted with this application for Community Redevelopment Agency
Board Appointment
Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hali, Boyntor
Beach FL 33435 or P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Taler
Bank, a file to which Commissioners may turn for candidates when board openings occur,
I hereby certify that the statements and answers provided herein are true and accurate. I understand that,
if appointed, any false statements may be cause for removal from a board.
Signature:
Date:
Revised 7/14/09 10:43 AM
s: \CC\ WP\BOARDS\APPMENTS\APPLICATION FORMS\CRA Application.doc
<tt,
r ':::) '~>
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM C
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 Julv 7,2009 June 15,2009 June 10, 2009 June 8, 2009
[8l Julv 21,2009 Julv 6, 2009 Julv 1, 2009 June 29, 2009
0 August 4, 2009 Julv 20, 2009 Julv 15, 2009 July 13, 2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 Julv 27, 2009
0 AnnouncementslPresentations [8l City Manager's ReDort
NA TURE 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: Accept informational report on establishing a Historic Preservation Ordinance for the City of
Boynton Beach.
EXPLANATION: At the June 17, 2009 City Commission meeting, Ms. Barbara Ready approached the Commission during
the Public Audience portion of the meeting to urge the Mayor and Commissioners to establish a Historic Preservation
Ordinance and become a Certified Local Government (CLG). At the request of Commissioner Rodriguez, staff is bringing
back research information to address the inquiries relating to the Historic Preservation of certain property within the City.
PROGRAM IMP ACT: The City of Boynton Beach has been involved in historic preservation since 1979 when the Boynton
Women's Club was listed on the National Register of Historic Places. At that time the City's Comprehensive plan recognized
the Women's Club along with three (3) other properties worthy of preservation to include the First United Methodist Church,
the Seaboard Coastline Railroad Station, and the Boynton Beach Elementary School. The plan recommended that "the City
should encourage the preservation and enhancement of these buildings through the utilization of state and federal funds for
acquisition and maintenance and tax incentives availab Ie through the Tax Reform Act of 1979". The Elementary Schoo I was
added to the national register in 1994 and subsequently renovated for adaptive use as the Schoolhouse Children's Museum.
(See Attachment "A" for Historic Overview and Attachment "B" for Historic Preservation Timeline). In 1989 the City's
Comprehensive Plan identified the boundaries of a proposed preservation district (Attachment "C") and included various
policies regarding historic preservation. As part of the Plan implementation process, staff brought forward to Commission in
1990 an ordinance establishing a historic preservation program. (See Attachment "D"). The ordinance was tabled and
unofficially withdrawn from the agenda. The draft ordinance was presented again to Commission in 1994. It was not
adopted, but discussion led to the preparation of the official 1996 Historic Site Survey. Then in 1997, the City Commission
amended the LDR's to include a brief section that requires all historic buildings (excluding single and two-family dwellings)
to be considered for preservation at the time of application for development. Preservation of the building is required unless
the owner proves that preservation would significantly interfere with the use of the property. It should be noted that the
majority of buildings listed in the 1996 survey are single-family homes.
There are many benefits to creating a Historic Preservation Program in addition to involving posterity, and including the
contribution to the sense of place and character ofa community. The contribution to a city's identity can support eco-tourism,
fiscal health and tax benefits to property owners. However, the establishment of a Historic Preservation Program is not
simple and requires many questions to be answered involving topics such as:
· Mandatory vs. voluntary structure
· The establishment of districts
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
· Level of feedback from affected property owners in advance of establishing a program
· Impacts of regulations upon non-historic structures in the vicinity of historic properties
· Adjacent and Infill project restrictions
Level of character and preservation maintained in relation to redevelopment
· Potential impediments to redevelopment
The magnitude of regulations governing the alteration of historic properties
· Degree of "green" preservation and rehabilitation standards
· Design guidelines regarding preferred architectural character
· Maintenance of historic inventories
· Impact upon Old High School or related efforts to redevelop the City Hall Campus
· Impact upon existing redevelopment Master Plans
· Delegation of responsibilities and demand upon staffing and resources
Furthermore, when considering the designation of property as a Historical Landmark, the City needs to be cognizant of certain
issues, such as (l ) the purpose of designating property as a Historical Landmark; (2) the affects the designation of property as
a Historical Landmark will have on an owner's property rights; (3) establishing a Historical Preservation Board; (4) the
criteria for designation of property as a Historical Landmark; (5) the approval of the designation of the property as a
Historical Landmark; (6) and the property tax implications. (See Attachment "E"),
A Historical Preservation Board may be created to administer the Historic Preservation Ordinance, with the assistance of City
Staff. A Historical Preservation Board would be making decisions that may affect the City's Comprehensive Land Use Plan
and therefore the City would need to determine what body would make the final decision in the designation of a building as a
Historical Landmark. The City Commission may wish to allow the Board the authority to review applications, ensuring
completeness, but hold final authority in determining the appropriateness of designating a property as a Historical Landmark,
There are tax implications regarding historic properties as well. Fla. Stat. Sec. 1 96.1997 provides for a County or City
Commission to adopt an ordinance to allow ad valorem tax exemptions to historic properties if the owners are engaging in
restoration, renovation, or rehabilitation of such properties,
Several nearby jurisdictions with Historic Preservation programs are also "Certified Local Governments" including Delray
Beach, West Palm Beach, Lake Park, Jupiter and Lake Worth, Through the Florida Division of Historical Resources, the
Certified Local Government (CLG) program was enacted as part of the National Historic Preservation Act Amendments of
J 980, A municipality's designation as a CLG makes historic preservation a public policy through passage of a historic
preservation ordinance. Florida's CLG program has assisted in the survey, designation and preservation of thousands of
historic and cultural resources. Participation in the program is also an important consideration in the local planning process,
as governments are required to address historic preservation in comprehensive planning decisions. Also, CLG's are eligible
to apply for special matching grants from the Bureau of Historic Preservation to assist their preservation programs.
FISCAL IMPACT: There are currently no funds budgeted for Historic Preservation or matching grants. Funds previous I)'
budgeted for the demolition of the Old High School have been reallocated to assist in reducing the budget deficit. Fiscal
impact would be represented by the staff time required to generate and administer a Historic Preservation Ordinance/Program.
Program operation may include applying for and managing grants, applying for and fulfilling requirements of the Certified
Local Government program, processing requests for additions to the local or federal registry, or possible modifications 01
historic properties before a Historic Preservation board or commission, and tasks related to the promotional aspects of a
Historic Preservation program.
AL TERNA TIVES:
t) Direct staff to begin the process of creating a Historical Preservation Ordinance and program.
2) Not to create a Historical Preservation Ordinance and program at this time and continue to rely upon
Planning and Zoning review as outlined in the LDR's.
3) Not to apply for the Certified Local Government program.
S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM Due
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Attachments:
A - Historic Overview
B - Historic Preservation Timeline
C - Proposed Preservation District Map (Comp Plan EAR 06/07) (District Boundary Overlay 1989)
D - 1990 Ordinance Establishing a Historic Preservation Program
E - City Attorney Memorandum re: Historical Preservation
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Assistant to City Manager
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Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
STAFF REPORT 07/21/09
HISTORICAL PRESERV A nON
Historic Overview
As indicated by the accompanying timeline (see Attachment "B"), accomplishments
involving historic preservation in the City of Boynton Beach include placement of two of
the City's most notable properties on the National Register of Historic Places (i.e.
Boynton Women's Club and 1913 Schoolhouse), and completion of the Historic Site
Survey in 1997. The Boynton Women's Club was added to the national register in 1979,
at which time the City's 1979 Comprehensive Plan recognized the Women's Club along
with four (4) other properties worthy of preservation. The other three properties included
the First United Methodist Church, the Seaboard Coastline Railroad Station, and the
Boynton Beach Elementary School. The Plan recommended that "the City should
encourage the preservation and enhancement of these buildings through the utilization of
state and federal funds for acquisition and maintenance and tax incentives available
through the Tax Reform Act of 1979". The Elementary School (aka Old Schoolhouse)
was added to the national register in 1994 and subsequently renovated for adaptive reuse
as the children's museum.
The scope of recommendations regarding historic preservation increased in1986, when
the Comprehensive Plan Evaluation & Appraisal report recommended that preservation
efforts also include properties along that segment of Ocean Avenue extending between
Seacrest Boulevard and the FEC Railroad tracks. It also recommended continued
preservation of the original buildings on the list through amendments to the "site plan
review section of the City's Code".
That same trend continued, and the 1989 Comprehensive Plan identified the boundaries
of a proposed preservation district (see Attachment "C"), and included, pursuant to the
minimum criteria required by State Statutes, various policies regarding historic
preservation. As part ofthe Plan implementation process, staff forwarded an ordinance
establishing a historic preservation program to the Commission in 1990. The ordinance
was tabled and unofficially withdrawn from the agenda. Staff revived the draft ordinance
and presented it again to the Commission in October of 1994. The ordinance was not
adopted but the consideration and discussion led to the preparation of the official 1996
Historic Site Survey. Then in 1997, the City Commission amended the LDRs to include a
brief section that requires all historic buildings (excluding single and two-family
dwellings) to be considered for preservation at the time of application for development.
Preservation of the subject building would be required unless the owner proved that
preservation would significantly interfere with the use of property. It should be noted that
the majority of buildings listed in the 1996 survey are single-family homes. Lastly, the
recent evaluation of the Comprehensive Plan included the mapping of the current site
inventory and identifying those listed buildings which havc been demolished (see
Attachment "C').
Historic Preservation Programs
Local HP programs may vary slightly; however, most programs have evolved from local
impetus and are tailored to address enabling legislation and other key aspects such as
funding resources and tax benefits. There are many publications describing the best
structure of a HP program and available tools, as well as the benefits of HP. In addition to
the reason involving posterity, benefits ofHP include the contribution to the "sense of
place" and character ofa community, the contribution to a city's identify which can also
support eco-tourism and fiscal health, and tax benefits to property owners. Most
programs are comprehensive, involving an inventory, a HP advisory board or
commission, HP district(s) and the means for establishing additional districts and adding
buildings to a local registry, and guidelines for building modifications. Such programs
also capitalize on local efforts with educational information including brochures and
related activities, and qualify for assistance from the state for program maintenance,
technical assistance and education, and grants for capital improvements or other major
preservation projects. A few nearby jurisdictions with HP programs, which are also
"Certified Local Governments" (as designated by the State for their structured programs),
include Delray Beach, West Palm Beach, Lake Park, Jupiter and Lake Worth. The City of
Boca Raton has a HP program but may not be a Certified Local Government (CLG).
The establishment of a HP program is not simple, requiring many questions to be
answered. Such questions involve the following topics:
-Mandatory vs. voluntary structure
-The establishment of districts
-Level of feedback from affected property owners in advance of establishing a program
-Impacts of regulations upon non-historic structures in the vicinity of historic properties
-Establishment and role of a HP board or commission
-The proper balance between private property rights and preservation
-Potential impediments to redevelopment
- The magnitude of regulations governing the alteration of historic properties
-Design guidelines regarding preferred architectural character
-Maintenance of historic inventories
-Impact upon Old High School or related efforts to redevelop the City Hall Campus
-Delegation of responsibilities and demand upon staffing and resources
Staff has not determined the minimum requirements of a HP program in order to establish
a local tax exemption component; however, in order to qualify as a CLG, state
requirements are understood to require the establishment of a historic commission or
board, and a preservation program containing a local inventory and design guidelines,
and regulations applicable to the alteration of all designated historic structures.
Boynton's Historic Site Survey (1996)
With respect to current status of the City's historic preservation efforts, a major task was
accomplished with the 1996 survey of historic properties. This document contains a very
valuable narrative on Boynton's history, the inventory of all buildings at least 50 years
old, recommendations for subsequent preservation actions and the project included the
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filing of the official Site File Forms (completed for each building) with the Florida
Department of State, Division of Historical Resources, to update the official Florida Site
file inventory. The inventory received a partial update as part of the recent
Comprehensive Plan evaluation and amendment process, which was limited to
identifying all properties demolished since 1996. Although the real value lies in the
current inventory, to properly update the inventory and maintain an official list on record
with the State of Florida, research should be conducted regularly to add to the list those
structure that become 50 years.
Recommendation
As indicated by the accompanying timeline, the topic of historic preservation has
surfaced, with increasing emphasis, within recommendations from all Comprehensive
Plans and most redevelopment plans. Although two of the City's most valuable historic
assets have been preserved and recognized, and are fairly safe and secure, in the absence
of a comprehensive preservation program, such a program would benefit other historic
properties through preservation, limitations on alterations, encouraging complimentary
designs for new construction, and through general recognition and funding programs.
Further. a HP program is integral to the successful implementation of the applicable
recommendation of the Downtown Master Plan. The Plan essentially recommends that
Ocean A venue should be maintained at its current scale and be lined with relocated
structures to house artists' shops, livework units and supportive retail. The preservation
of local assets is important to influence or support such relocations.
Staff recommends the continued consideration of a historic preservation program and
proposes that an ordinance/program be drafted after the following actions:
Districts and identity - Conduct a workshop with an emphasis on collecting input from
the general citizenry and affected property owners. Attendees should be explained the
typical parts of a HP program, and sought for opinions or preferences regarding
establishment of individual districts to showcase selected neighborhoods or groups of
neighborhoods. Workshop notices would be distributed in part, by direct mailing to
include owners of the properties listed on the historic site inventory as federal and/or
local registry candidates (less than 36 addresses). The original ordinance drafted in 1990
proposed a single district with a boundary that encompassed nearly all sites inventoried.
Under such a "uni" -district plan, sub-districts would have to be subsequently established
to promote individual neighborhoods or areas with unique identity and character.
Examples of this could include the "Cottage District", an MLK JR. District, Lake
Boynton Estates or one of the other early subdivisions.
Whether within an all encompassing boundary, or within one or more small districts. staff
recommends that the ultimate program promote the furthering of the established
architectural characters, in new construction (i.e. infiIl) or through renovations.
Depending on locations of the ultimate boundaries, this requirement is typically opposed
by residents out of fear of being over-regulated; however, such requirements or
guidelines would implement redevelopment planning efforts, preserve and nurture
historic character, and endorse those concepts of traditional architecture promoted within
the "New Urbanism" and "Sustainability" initiatives.
Lastly, the ultimate ordinance and program should be designed to qualify as a Certified
Local Government to maximize eligibility for and access to funding and technical
resources.
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\ f1 ACHMENI B
Time line - Historic Preservation (HP)
1979 - Boynton Women's Club listed on the National Register of Historic Places
May 1984, , 86 - City recognizes National HP Week through proclamations
Dec. 1986 ~ Compo Plan EAR recommends addition of Ocean Avenue to the properties worthy of
preservation
Nov. 1989 - Comprehensive Plan adopted satisfying State requirements including considering and
preserving historical resources, and identification of historic properties and a historic district.
1990 - Draft ordinance to implement Comp Plan Objective 6.7 and policies, reviewed by Commission
Sept. 1990 ~ Commission tabled draft HP ordinance along with 5 other ordinances intended to codify
Compo Plan recommendations (subsequently permanently removed from agenda)
1994 - 1913 Schoolhouse listed on National Register of Historic Places
Oct. 1994 - Staff returns the 1990 draft ordinance to the Commission, again to implement Comprehensive
Plan policies. Given that prior surveys had been completed with differing tallies, and given
Comprehensive Plan recommendations, Commission directs staff to apply for grant assistance for
comprehensive survey.
Dec. 1994 - City approves Reso. 94-204 authorizing application to State for $20,000 ($10,000 matching)
"survey and planning" grant for the conducting of a historic site inventory to include completion of site
file forms, historic overview, notation of significant features and recommendations for preservation.
Dec. 1994 - City staff files application to State for survey & planning grant
April 1995 - State announces grants to be awarded to 8, top-ranked applicants including Boynton
Oct. 1996 - Historic Site Survey presented to Commission along with recommendation for further HP
actions. Commission favored pursuing the drafting of a HP ordinance to establish HP district and support
preservation of 6 sites worthy of national recognition.
Jan. 1997 ~ Ordinance 96-60 adopted. All historic structures (excluding single- and two-family dwellings)
be reviewed for historical significance at time of development and construction proposals. Preservation (0
occur unless significantly interferes with use of property.
Sept 2000 - City supports signage for self-designated "Historic Cottage District.
Nov. 2001 - Heart of Boynton Redevelopment Plan adopted describing "Lost History" as a "Major Area
of Concern", and recommending the establishment of an architectural design theme based, in part, on the
"Old Florida and Caribbean" influence", and the history ofMLK Jr. Blvd.
April 2008 - Downtown Vision & Master Plan approved by eRA including land use recommendations
for Ocean Avenue featuring the relocation of historic homes from the area and adaptively reused for
galleries, live-work spaces and supportive retail.
ATTACHMENT C
City of Boynton Beach
Historic Resources Map
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ATTACHMENT D
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CITY OF BOYNTON BEACH
LAND DEVELOPMENT REGULATIONS
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Work Product # 3
Historic Preservation Ordinance
Draft #2 May 17, 1990
May 31, 1990
Draft #3 June 27, 1990
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ORDINANCE NO. 90-
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 5,
BUILDING, HOUSING AND CONSTRUCTION REGULATIONS
BY ADDING THERETO A NEW ARTICLE XII TO BE
ENTITLED HISTORIC PRESERVATION, PURSUANT TO
FLORIDA STATUTES; PROVIDING FOR DEFINITIONS;
PROVIDING FOR THE CREATION OF A REGISTER OF
HISTORIC PLACES; PROVIDING FOR THE REQUIRING OF
CERTIFICATES OF APPROPRIATENESS TO PERFORM
CERTAIN REGULATED WORK ITEMS; PROVIDING THAT
EACH AND EVERY OTHER TERM AND PROVISION OF
CHAPTER 5, BUILDING, HOUSING AND CONSTRUCTION
REGULATIONS SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR
ENFORCEMENT AND PENALTY PROVIDING A CONFLICTS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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WHEREAS, Chapter 163.3202(3) Florida Statute encourages
all local governments to create innovative Land Development
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Regulations; and
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WHEREAS, the City of Boynton Beach Comprehensive Plan
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adopted November 7,
1989 contains Goals, Objectives and
Policies which authorizes the city, inter al ia to identify!
preserve
and
historically
significant
housing
restore
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(Objective 6.7 and related policies); and
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WHEREAS, Figure 6 of the city of Boynton Beach's Housing
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Element utilized in formulating its Housing Goals, Objective
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physical
boundary
identified
Policies
of
the
the
and
Historical Area wherein structures "rere constructed prlor to
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1940; and
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NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF
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THE CITY OF BOYNTON BEACH AS FOLLOWS:
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Section
Building,
and
Housing,
Chapter
5,
1.
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Construction Regulations, of the Code of Ordinances, City of
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Boynton Beach, Florida, is hereby amended by adding a new
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Article XII - Historic Preservation and shall read as follows:
ARTICLE XII - HISTORIC PRESERVATION
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section 5-171 DEFINITIONS
For the purpose of this section, the following terms,
phrases, words and their derivatives shall have the meaning
given herein when not inconsistent with the text. Words used
in the present tense include the future tense, words in the
plural number include the singular number and words in the
singular number include the plural number.
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Building
A structure created to shelter any form of human activity.
This may refer to a house, barn, garage, church, hotel or
similar structure. Buildings may refer to a historically or
architecturally related complex, such as a courthouse and
jail, or a house and barn. Parking lots and garages are
hereby deemed to be "buildings".
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~Hlstorlca Preservatlon Area
20~he district identified in the City's Housing Element Support
Document, pages 1II-18 to 20 and located within the boundaries
of the "Historical Area" shown on Figure 6 of said Element, as
more specifically described in Table 17\. -A of Section 172,
Register of Historic Places, Subsection B. 7
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Demolition
The tearing down or razing of 25% or more of a structure's
external walls.
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District Obiect
A material thing of functional, aesthetic, cultural,
historical, or scientific value that may be by nature of
design, movable, yet related to a specific setting or
environment.
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? s:l -It Ordinary Maintenance
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That appearance which, to the satisfaction of the Community
Appearance Board, closely resembles the appearance of either:
(1) The feature on the building as it was originally built or
was likely to have been built, or (2) the feature on the
building as it presently exists so long as the present
appearance is appropriate, to the style and materials of the
building.
site
The location of a significant event, activity, building,
structure, or archaeological resource where the significance
of the location and any archaeolog ical remains outweighs the
significance of any existing structures.
section 5-172 REGISTER OF HISTORIC PLACES.
A. CREATED
~ ~Registe~~f Historic Places is hereby created
a~ a me6nS of identlfying and classifying
various sites, buildings, structures, obj ects.
and districts as historic and/or
architecturally significant. The Register will
be kept by the C:hief Building OfficicU,..
B. INITIATION OF PLACEMENT ON THE "REGISTER"
1. Every principal residential structure
constructed prior to 1940 located within the
boundaries Of-the-HIStorical Preservation Area as
more specifically shown on Table_ 5-172-A and all
k.. non-residential structures defined as historically
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J'- "::> \<>" documents, as may be amended are placed on the
'- "R' t "
.0''''?L}'P'~' egls er .
2 An individual property should not be
\.'" 21 -2--0 consid~red placed on the "Reqisterll {f the
1--0 property's integrity Of location, design, setting,
,?~ materials, workmanship, feeling and association have
teL 23 been so altered that the overall integrity of the
(.'t-- property has been irretrievably lost.
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3. Structures that have been built after 1940
~hal~ ~ot ~e placed on the re~ister~nlessSa~trong
]ustlflcatlon has been determlned by 1:ne Community
Appearance Board that the building has significant
historical or architectural merit.
C. EFFECT OF LISTING ON "REGISTER" ,.
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TABLE 5-172A
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REGISTER OF RESIDENTIAL STRUCTURES FOR HISTORICAL PRESERVATION
Section 5-173 certificates of Appropriateness
A.
WHEN REQUIRED.
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1. All requests Governmental or
loans such as Community Improvemen un s for the
purpose of improving buildings or structures
located within the City of Boynton Beach's
Historical Area must first obtain a "Certificate of
Appropriateness" before making alterations which are
described below, as Regulated Work items. All other
construction/improvements on structures located
wi thin the district are not required to be
reviewed/approved by the Board but may voluntarily , ,
request the. __~pinion and advisi-of the communTt"y" ..,~ ....~..
Kppearance Board. (o'~
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2. Regulated Work Items. For
regulated work items listed below,
applies:
each of the
the following
a. Ordinary Maintenance: If the
work constitutes "ordinary maintenance" as
defined in this Code, the work may be done
without a "Certificate of
Appropriateness".
b. Board Approval: If the work is
not "ordinary maintenance" a "Certificate
of Appropriateness" must be obtained from
the Community Appearance Board before the
k~ork may' be done.
All 3. The following are regulated work items:
r~::~ Installation or removal of metal
~r metal canopies.
I:. Installation of allG~ck~ above
the flrst-floor level and/or on the front
of the structure.
c. _..Im2t~llation of an exterior (?oor ~
or ~or frame ," or the in fill of an.......
existing exterlor door opening.
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masonry (garden walls)
fencing.
or wrought lron
~.. Tb~ .Jnstallation .sr r:..emovaJ-. Qf
allcflr~ escapes",~ exterior Cc;tair~orQa..1!ll2S--:
for the handicapped.
g.
including
concrete,
.~d" _.
d?ainti~~ unpainted masonry
stone, brick, terra-cotta, end
and wood surfaces.
._ .._--h~ Installation
ci:.a.U- i:'!J5JS' or other wood,
masonry detailing.
or removal of
wrought iron or
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walls .'
Abrasive (~l-=~r::_~l2g" of C~x~=-_
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materials,
materials.
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Installation of new (r_()g!.~}}.9..'
or removal of existing roofing
___ .k. Installation or
(securi ty g"i--ilie:? ~ except that
'Shall'-p-e"rmlss-ion to install
* be completely denied.
~. Installation of new
Giding) materials, or removal of
exterior siding materials.
removal of
In
such
no case
grilles
exterior
existing
m. Installation
exterior ~kyl igh"fs"l
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removal
of
or
n. Installation of exterior screen
~ow~ or exterior screen~oors.
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."0 o. Instn llation of an exterior
(window ,or 'indo~_!F~ or the infill of an
~g exterior window opening.
~ 1:>,-' Installation af '7 canunemorative
plaqueJas approved by the c~ty.
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3. A "Certificate of Appropriateness" must be
5?~taine2 from .---the...__Communi ty Appearance Board to
ldernolish~ or (~locat~e a building, structure, or
object located with the Historical Area.
*B.
c;HIT_~~!~ FOR ISSUING CERTIFICATE OF__Al?J?RQPRIATENESS
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a. Height Height shall be
visually compatible with similar buildings
constructed prior to 1940.
B
b. ~ortion~ building,
structure, or 0 ject's !J;rmt'l, ..far~ - -
The proportion of the width of the
building, structure or object to the
height of the front elevation shall be
visually compatible to other buildings
constructed prior to 1940.
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c. ~opor~io~ of openings within the
facility - - The type, and tne size and
proportion of the windows in a building,
structure, or obj ect shall be similar to
the type (i.e.'s single/double hung
windows) size, and proportions as the
existing structure.
d. Fhyt~ of sol ids to voids in
front facades - - The relationship of
solids to voids in the front facade of- a
building, structure or object shall be of
the same proportions as the existing
facades.
e. Rhythm of entrance and/or porch
proj ection'--:::--::- The type and relationship
of entrances and projections to sidewalks
or to a building, structure, or obj~ct
shall be similar to the existing
structure.
f. Relationship of materials,
texture, ana-lCOlor The type and
relationship of materials, texture and
color of the facade of a building,
structure or object shall be visually
compatible with the predominant materials
used in the existing building.
g. lEoot shage~ - - The roof shape of
the building, structure, or obj ect shall
not be changed.
h. 'Walls of continuity
Appurtenances of a building, structure, or
object such as walls, fences, landscape
masses shall, if necessary, form cohesive
walls of enclosure along a street, to
1
2
3
windows, door
balconies shall
existing building.
~
~..o~ 2. In addition to the guidelines provided
'-~ paragraph 1 above, issuance of Certificates
6 t-':':-' AppropriatE;mess for ;:elocations sh~ll be guided
( the follow1.ng factors: " " u A ./; (ssY
(....... ~--
openlngs,
be the
porches,
same as
and
the
4
5
In
of
by.
7
8
a. the historic
aesthetic interest
structure, or object
present setting;
character and
the building,
contributes to its
9
11
b. whether there are def ini te plans
adopted in the City's Comprehensive Plan
for the area to be vacated and the effect
of those plans on" the character of the
surrounding area;
10
12
13
c. whether the building, structure,
or object can be moved without significant
damage to its physical integrity; and
14
15
d. whether the proposed relocation
area is compatible with the historical and
architectural character of the building,
structure or object.
16
17
'-,-
-"'...... ..
18 /\.>-.\.\.::../. 3. Issuance of certificates
,......:.J for d~ol i ti..Q.D.S... shall be guided
..
19 tJ!. factors:
of Appropriateness
by the following
21
a. the historic or architectural
significance of the building, structure,
or object;
20
22
b. the
structure, or
the district;
importance
obj ect to
of the building,
the ambience of
23
25
c. the difficulty or the
impossibility of reproducing such a
building, structure or obj ect because of
its design, texture, material, detail or
unique location;
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27
d. whether the building, structure,
or object is one of the last remaining
examples of its kind in the district..
28
10
11
12
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2
3
4
5
6
7
8
9
..
'X--<' '{
r't ~'
\,J
13
14
15
16
17
18
19
20
21
22
23
24
25
26
save the building, structure, or object
from collapse; and
g. whether the building, structure,
or object is capable of earning reasonable
economic return on its value.
h. whether the bui lding, structure,
is structurally unsa fe and causes
immediate threat to the welfare of the
residents and the city.
C. PROCEDURE
1. A person wishing to undertake any of the
actions specified in section 5-172. shall file an
l(C application for a certificate of Appropriateness,
and supporting documents, \Vi th the Director of the
Planning Department for mul ti-family and non-
residential bui1dinqs, and to the Zoning Director~--'---'
'for all single-faID1ly and duplex residential
buildings.
2. The prospective applicant shall confer with
the Director concerning the nature of the proposed
action and requirements related to it. The Director
shall advise the applicant of the nature and detail
of the plans, designs, photographs, reports or other
exhibits required to be submitted with the
application. Such advice shall not preclude the
Community Appearance Board from requiring additional
material prior to making its determination in the
case.
I
3. Upon receipt of a cOIl!Pleted appl ication and .' cd
all requi~ submittals and fees, the Director shall'(~v (
place the 'application on the next regularly sc.~<I'-
scheduled meeting of the community Appearance Board. ~~
Applications for certificates of Appropriateness may (~~.~
be considered at specially called meetings of the
Board provided all notice requirements are met.
4. The community Appearance Board shall use the
criteria set forth in of this Article to review the
completed application and accompanying submittals.
After completing the rev iew of the appl ication the
Board shall take one of the following actions:
27
Yt.r.J-:-" <b
~y L\'
~,
a. grant the
Appropriateness with
effective date;
certificate of
an immediate
?R
20
21
22
23
24
25
26
27
?Q
1
2
3
5. The Community Appearance Board shall make
written findings and conclusions that specifically
relate to the criteria for granting the Certificates
of Appropriateness. All parties shall be given the
opportuni ty to present ev idence through documents,
exhibits, testimony, or other means. All parties
shall be given the opportunity to rebut evidence
through cross-examination or other means.
4
5
6
7
6. The Department shall record and keep
records of all meetings. The records shall include
the vote, absence, or abstention of each member upon
each question, all official actions of the Community i~
Appearance Board, and the findings and conclusionse::-
of the Board. All records shall be maintained ~
public and shall be filed in the Department. .
_.{\L
8
9
10
11
7. No work for \vhich a "Certificate of
Appropriateness" is required may be undertaken
unless a certificate of Appropriateness authorizing
the work is conspicuously posted on the property
where the work is to be performed.
12
13
14
-\
by CAB shall be advisory to \
The ci tv Commissions action
.'
15
All action taken
the ci tv Commission.
shall be final.
16
17
section 5-173 citv's Remedies for violation of this
Article.
18
19
For any violation of this Article, the city shalJ
have the remedies set forth in section 5-147 of the Code ot
Ordinances.
section 2.
Each and every other provision of Chapter 5,
Building, Housing and Construction Regulations, of the Code at
Ordinances of the City of Boynton Beach, Florida, shall remair
in full force and effect as previously enacted.
Section 3.
That all ordinances or parts of ordinances lr
conflict herewith be and the same are hereby repealed.
section 4.
Should any section or provision of thi~
1
2
10
11
12
13
14
15
16
17
18
19
3
Authori ty is hereby granted to codify said
Section 5.
4
ordinance.
5
This ordinance shall become effective
section 6.
6
immediately upon passage.
7
, 1990.
day of
FIRST READING this
8
SECOND, FINAL READING and PASSAGE this
, 1990.
day of
9
Mayor
Vice Hayor
commissioner
commissioner
Commissioner
ATTEST:
20
City Clerk
21
(Corporate Seal)
22
23
24
25
26
27
28
CITY OF BOYNTON BEACH
City Attorney's Office
MEMORANDUM
\TTACHMEN I ,.
TO:
Mayor Jerry Taylor
Members of the City Commission
Kurt Bressner, City Manager
CC:
Carisse LeJune, Assistant to the City Manager
FROM:
James A. Cherof, City Attorney 9Ae
Jamila V. Alexander, Assistant City Attorney ~A
DATE:
July 6, 2009
RE:
City of Boynton Beach (the "City")/Historical Preservation
The purpose of this memorandum is to address the inquiries relating to the Historical Preservation of
certain property within the City.
When considering the designation of property as a Historical Landmark, the City needs to be cognizant
of certain issues, such as (1) the purpose of designating property as a Historical Landmark; (2) the
affects the designation of property as a Historical Landmark will have on an owner's property rights:
(3) establishing a Historical Preservation Board; (4) the criteria for designation of property as a
Historical Landmark; (5) the approval of the designation of the property as a Historical Landmark; (61
and tax implications.
1) Buildings have traditionally been designated as Historical Landmarks for the followin!l
reasons:
a) It is a public necessity because the building has a special historic. architectural.
archaeological, aesthetic or cultural interest and value; and.
b) Designating a building as such, would promote the educational, cultural, economic
and general welfare of the people and safeguard the city's history and heritage a:-
embodied and reflected in landmarks, and historic districts: and.
c) Such historic buildings and landmarks serve as visible reminders of the history and
heritage of this city, state and nation; and.
d) The preservation of such historic buildings and landmarks protects and enhances the
scale, character and stability of the existing neighborhoods, and protects against the
destruction of or encroachment upon areas which contribute to the special character
of the city; and,
e) The preservation of such landmarks and historic districts protects and enhances the
City's attractiveness to residents, business owners, tourists and visitors and serves as
a support and stimulus to business and industry: and.
Memorandum-City Attorney's Office
Page 2 of6
f) The preservation of such landmarks and historic districts enhances the visual and
aesthetic character, diversity and interest of the city; and
g) The preservation of such landmarks and historic districts avoids the unnecessary
demolition of, or other adverse affects on, landmarks and historic districts which
could cause an irreparable loss to the city.
2) Once a building is designated as a Historical Landmark the property rights of the owner of
the building will be altered and in many cases, restricted.
Ordinarily, after a property has been designated as a Historical Landmark, no person may
undertake the following actions affecting the landmark without first obtaining prior
approval from the Historical Preservation Board (the "Board", discussed later) whether or
not a building permit is otherwise required:
a) Alteration of an archaeological site or the exterior part of a building or a structure;
b) New construction;
c) Demolition;
d) Relocation.
A Certificate of Appropriateness is usually the prerequisite needed when the property
owner desires to alter the exterior aspects of property once it is designated as a Historical
Landmark. The general criteria for the approval of a Certificate of Appropriateness, is to
consider the effects of the proposed work on the landmark and whether the character of the
property will be retained and preserved. In granting a Certificate of Appropriateness, the
Board should assure that the removal of historic materials or alteration of features that
characterize a property as historical would be avoided.
Of course, ordinary repairs and maintenance could be allowed without requmng the
property owner to obtain a certificate of appropriateness where the definition of "ordinary
repairs" is clearly outlined in the ordinance.
3) Certified Local Governments:
Through the Florida Division of Historical Resources, the Certified Local Government
("CLG") program was enacted as part of the National Historic Preservation Act
Amendments of 1980. The program links the federal, state and local levels of government
into a preservation partnership for the identification, evaluation and protection of historic
properties. A municipality's designation as a CLG makes historic preservation a public
policy through passage of a historic preservation ordinance.
Florida's CLG program has assisted in the survey, designation and preservation of
thousands of historic and cultural resources. Participation in the program is also an
important consideration in the local planning process, as governments are required to
address historic preservation in comprehensive planning decisions. Furthermore, CLGs are
eligible to apply for special matching grants from the Bureau of Historic Preservation to
assist their preservation programs.
Memorandum --City Anorne~/s Office
Page;' uf 6
4) Should a historic preservation ordinance be enacted, its intent should be to declare a:;
matter of public policy that the protection, enhancement and perpetuation of properties (1]
aesthetic, archaeological, cultural, historicaL and paleontological merit are in the interest,.j
the citizens of the City.
a) A Preservation Ordinance:
1. Provides a municipal policy for the protection of historic properties;
11. Establishes an Objective and Democratic process for designating histone
properties;
Ill. Protects the integrity of designated Historic Properties with design revie\\
requirements;
IV. Authorizes Design Guidelines for new development within Historic Districts
to ensure that it is not destructive to the area's Historic character; and
v. Stabilizes declining neighborhoods and protects and enhances property
values.
b) However a Preservation Ordinance does not:
1. Require permission to paint a house or review color selection:
II. Require that Historic Properties be opened for tours:
111. Restrict sale of property;
IV. Require improvements, changes, or restoration of your property:
v. Require approval of interior changes or alterations; or
VI. Prevent new construction within Historic areas.
5) A Historical Preservation Board may be created to administer the Historic Preservation
Ordinance, with the assistance of City Staff. The duties of the Historical Preservation
Board would include, but not be limited to:
a) Reviewing applications for the designation of properties as historical landmarks and
investigating potential landmarks to determine whether those potential landmarks
should be officially designated as historical landmarks;
b) Recommending properties for designation as historical landmarks:
c) Reviewing, approving or denying applications for Certificates of Appropriateness
for alteration, construction, demolition or relocation of landmarks:
Memorandum-City Attorney's Office
Page 4 of6
d) Conducting public hearings to consider historic preservation Issues and the
designation of landmarks; and
e) Ensuring compliance with the ordinance or enforcing the need for prior approval of
any alterations to historical landmarks.
Since the Board will be making decisions that may affect the City's Comprehensive Land
Use Plan and considering the nature of the determinations required, it is advisable, to the
extent available, that the members of the Historical Preservation Board come from the
disciplines of architecture, planning or related fields, real estate, land development banking
or law. When necessary, the City may wish to require members of the Board to attend
educational meetings or seminars to develop a special interest, expertise, experience or
knowledge in history, architecture, or related disciplines.
6) Criteria for Designation of Property:
The body that has the final authority to designate a building as a Historic Landmark, which
in this City would be the Historical Preservation Board, may base their decision either on
the national register designation criteria or on a local designation criteria or on any
combination of these criteria.
National Register designation criteria: The approving body may evaluate nominated
properties based on the criteria established for inclusion on the National Register of
Historic Places, 36 C.F.R. 60.4. In order to designate a landmark or historic district for
inclusion on the national register, the approving body shall determine the following:
a) The designee is of the highest importance (e.g., is the only, the best or the last
example of such resource within the city), and therefore its loss to the City would be
irreparable; and
b) The designee satisfies the criteria established to evaluate properties for inclusion on
the National Register of Historic Places, 36 C.F.R. 60.4, which currently reads
substantially as follows. To be a national register landmark or historic district, the
designated property shall:
1. Possess an integrity of location, design, setting, workmanship, materials or
association that represents a significant place in national, state or local
history, architecture, engineering or culture;
11. Be associated with events that have made a significant contribution to the
broad patterns of our history;
111. Be associated with the lives of persons significant in our past;
IV. Embody the distinctive characteristics of a type, period or method of
construction, or represent the work of a master, or possess high artistic
values, or represent a significant or distinguishable entity whose components
may lack individual distinction; or
Memorandum- Cit\ '\ttorney's Office
Page 5 of 6
\, Yield, or may be likely to yield. mformation important 111 prehistof\ '
history.
7) Local designation criteria: In addition to or instead of the National Register Designation
Criteria, the Historical Preservation Board may designate a landmark or a historic district i C
it satisfies anyone of the following additional criteria:
a) The structure shall be at least fifty (50) years old~
b) Its location is a site of a significant local, state or national event~
c) It is identified with a person or persons who significantly contributed to the
development of the city, state or nation~
d) It is identified as the work of a master builder, designer, or architect whose
individual work has influenced the development of the city, state or nation:
e) Its value as a building is recognized for the quality of its architecture, and it retains
sufficient elements showing its architectural significance;
f) It has distinguishing characteristics of an architectural style valuable for the study of
a period, method of construction, or use of indigenous materials:
g) Its character is an established and geographically definable neighborhood, united in
culture, architectural style or physical plan and development:
h) It is associated with a singular location that is unique or possesses singular physical
characteristics that make it an established or familiar visual feature:
i) It demonstrates a likelihood of yielding significant information m terms (\1'
archaeology, history or prehistory;
j) It is listed on the National Register of Historic Places; or
k) It is consistent with the comprehensive plan of the city.
8) Approval of Application for designation of Historical Landmarks:
Public hearings should be held on proposed designations of property as Historic
Landmarks. The public hearing would be held to consider the application and hear public
comment on the potential designation.
The City would need to determine what body would make the final decision in the
designation of a building as a Historical Landmark. A few options exist in determining
who should be the final approving body. We suggest that the City Commission may wish
to allow the Board the authority to review the applications, ensuring that the applications
are complete and then give the City Commission the final authority in determining the
appropriateness of designating a property as a Historical Landmark.
Memorandum-City Attorney's Office
Page 6 of6
9) Tax Implications:
Two statutes, Sections 196.1997 and 196.1998, Fla. Stat., provide for an ad valorem
exemption for historic properties. One states that the County Commission or the City
Commission may adopt an ordinance to allow ad valorem tax exemptions to historic
properties if the owners are engaging in restoration, renovation, or rehabilitation of such
properties in accordance with the guidelines of the statutes. Fla. Stat. S 196.1997(1).
Furthermore, the statute provides, among other things, procedures for applying for an
exemption and requires the property owner to maintain the character of the property during
the exemption period, as it sets forth qualifications for applicants to be approved for an
exemption. While Section 196.1998, Fla. Stat., provides for additional ad valorem tax
exemptions for historic properties open to the public.
Among other counties and municipalities, Palm Beach County and the City of Lake Worth currently
have Ordinances relating to the Historical Preservation of properties and buildings that could be of
guidance to the City of Boynton Beach. Once you have reviewed this memorandum, please advise our
office how we can assist in this matter.
H:\1990\900182.BBIMEMO 2009IMayor and Commission (Historic Preservation).doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
IX. - CITY MANAGER'S
REPORT
ITEM J)
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 Julv 7, 2009 June 15,2009 June 10, 2009 June 8, 2009
[8J Julv 21, 2009 Julv 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 Julv 20, 2009 July 15, 2009 Julv 13,2009
0 August 18.2009 August 3, 2009 July 29, 2009 Julv 27,2009
0 Announcements/Presentations [8J City Manager's Reoort
NA TURE 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: Discuss cancellation ofRFP from Contractors/Developers for a New Police and/or City Hall
Complex BID# 054-2413-09/CJD.
EXPLANATION: A member ofthe Commission requested that the RFP for a new Police Complex/City Hall be placed on
the July 21, 2009 agenda for discussion regarding cancellation of the RFP.
Review of the draft RFP was brought before Commission at the April 7, 2009 regular City Commission meeting, and was
tabled until the April 21,2009 when all members of the Commission would be present. At the April 2151 meeting a motion
passed 4-1 to approve the draft RFP to be issued for City Hall and Police facility and to establish a time line of a minimum of
90 days. The motion also included the following five (5) bulleted items to be included in the RFP:
. Proposals for a stand-alone Police Facility, City Hall or both. This can be city owned property or elsewhere.
. Proposals for Police functions to be provided as part of an office building.
. Proposals for General Government functions to be provided as part of an office building.
· Parking for all options including
· Funding for, or refurbishment, of the Old High School property.
PROGRAM IMP ACT: If a firm decision is made not to go forward with a new Police and/or City Hall Facility at this time
then it would make sense to terminate the RFP now and save all of those firms that have expressed an interest in submitting
proposals a lot of time, energy and money.
Also to be considered is that although the current state of the economy presents the City with some difficult challenges, it also
presents a rare window of opportunity which, if missed, may not come again for another decade or more. The development of
a new Police and/or City Hall Complex at this time would enable the city to take advantage of unprecedented low construction
costs which could save the city millions of dollars. Postponing the project until the economy improves will increase the
eventual costs whenever the project is done.
The present City hall site, located at the 7ili busiest intersection in the city, represents an underperforming public asset that
currently generates no taxable income for the city. By relocating City Hall this site could be made available for the kind of
private redevelopment that would enhance the city's tax base.
Should the City Commission allow the RFP process to continue, to the point where an informed decision could be made based
on the proposals presented, the Commission would be under no obligation to accept any of the proposals, and could decide at
that time not to go forward with the project.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Funds are appropriated and funds will be available upon issuance of bonds for the Police facility at a
cost point of about $28M however this project is an effort to see if the City can deliver a Police facility at a lower cost. There
are currently no funds budgeted for a relocation or replacement of City Hall. Funding for this portion of the project would
have to come from proceeds of the sale of the City Hall/Police facility property, a referendum bond issue or other financial
vehicle,
ALTERNATIVES:
1, Cancel RFP and defer Police Complex to a future, as yet undetermined, budget cycle.
2, Allow RFP process to continue with no obligation to accept proposals and decide at that time whether or not to go
forward with the project.
Attachments:
· Original agenda item tabled on April 7, 2009.
· Minutes from April 21, 2009 Commission meeting when item was heard,
Department Head's Signature
,
I
f)' It v\ tIU.A. ~./'----
City Manager's Signature
Assistant to City Manager CItK-
Department Name
City Attorney / Finance
S IBlILLHIN\FORMS\AGENDA ITEM REQUEST FORM DOC
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
Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
0 December 16, 2008 December 1,2008 (Noon) 0 February 17,2009 February 2, 2009 (Noon)
0 January 6, 2009 December 15,2008 (Noon) 0 March 3, 2009 February 17, 2009 (Noon)
0 January 20,2009 January 5, 2009 (Noon) 0 March 17,2009 March 2, 2009 (Noon)
0 February 3, 2009 January 19,2009 (Noon) I8J April 7, 2009 March 16,2009 (Noon)
0 Announcements/Presentations I8J 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 draft RFP for City Hall and Police Facility(ies). Provide direction to staff on how to
proceed.
EXPLANATION: At the February 17, 2009 City Commission meeting, staff was directed to prepare a draft Request for
Proposal to accomplish meeting Police Department space needs and City Hall operational space needs. The draft RFP will
provide the City with:
1. Proposals for a stand-alone Police Facility, City Hall or both. This can be on city owned property or elsewhere.
2. Proposals for Police functions to be provided as part of an office building.
3. Proposals for General Government functions to be provided as part of an office building.
4. Parking for all options including
5. Funding for, or refurbishment, of the Old High School property.
PROGRAM IMP ACT: The estimated cost of a stand-alone Police facility including a parking structure, exclusive of land
costs is $28-$31 M. The City has planned an 80,000 sq. ft. stand-alone Police facility on property the City purchased in 2003
at the SE comer of Gateway and Highridge. This is adjacent to Fire Station #5, which is to be complete in July 2009. This
planning effort is a way to determine if there is a viable alternative to constructing this facility. However, the staff is also
pursuing Federal stimulus funds for the 80,000 sq. ft. Police facility at Gateway/Highridge in an effort to bring the cost of the
Police facility down to a range of$21-$23M.
FISCAL IMPACT: Funds are appropriated and funds will be available upon issuance of bonds for the Police facility at a
cost point of about $28M however this project is an effort to see if the City can deliver a Police facility at a lower cost. There
are no current funds budgeted for a relocation or replacement of City HalL Funding for this portion of the project would have
to come from proceeds of the sale of the City HalllPolice facility property, a referendum bond issue or other financial vehicle.
AL TERNA TIVES: 1. Proceed with the Police facility only at this time. 2. Hold both projects until the economy
moderates with the recognition that bid prices will also escalate with a delay.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Department Head's Signature
City Manager's Signature
Assistant to City Manager.._____.
Department Name
City Attorney / Finance
Exhibits to Report:
Draft RFP Document
Excerpts of City Commission Minutes from February 17, 2009
Aerial of City Hall Complex and Surrounding Area
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
City of Boynton Beach
Draft Request for Proposals
Police and City Hall Facilities.
Purpose and Overview
The City of Boynton Beach is evaluating a variety of options related to the provision of
office space necessary to provide both Police and General Government services to our
community of 65,000 people. This Request for Proposals is intended to solicit proposals
from the private development community that may satisfy the City's need for space in
general. It is the intent of the City to consider any and all proposals to provide the
referenced space. Creativity by proposers is encouraged. Proposals need not contemplate
only traditional "standalone" governmental buildings. Rather, all available means and
resources that can provide the necessary office space and supporting elements will be
seriously considered. Space for these services can be provided at any location within the
Boynton Beach municipal boundaries.
History
The City of Boynton Beach, "The Gateway to the Gulf Stream," is a coastal city located
in a rapidly growing area of Palm Beach County. Major Nathan S. Boynton, a native of
Michigan who distinguished himself in the Civil War, founded the city, which has a
current population of over 65,000.
Boynton directed the construction of the Boynton Beach Hotel from 1895 to 1897. He
and his workmen, recruited from Michigan, brought their families and settled in the new
town of Boynton. With other settlers, the early years of our city were spent building a
town, raising vegetables to supply their needs and those of the guests at the Boynton
Beach Hotel and shipping pineapples, tomatoes and other cash crops north on Henry
Flagler's new Florida East Coast Railroad. Today, the city attracts a multitude of business
and industry and people of all ages and interests.
Boynton Beach Today
Residents and business owners in Boynton Beach are served by a City government that
provides a variety of services. From necessities such as water and sewer, garbage and
trash pickup, police and fire protection and code compliance, to amenities such as golf,
tennis, library services, and oceanfront and special events, the City's elected officials and
employees are dedicated to making Boynton Beach a great city in which to live, work,
play and learn. Boynton Beach is a community of rich history east ofl-95 and has an
existing Downtown Master Plan published by the Boynton Beach Community
Redevelopment Agency. Exciting growth has also occurred in the last five years west of
1-95, particularly along the Congress Avenue corridor. The report can be downloaded or
viewed at this location: http://www.boyntonbeachcra.com/downloads/FINAL DMP 1-
15-09.pdf
1
Our City's Form of Government
The City of Boynton Beach has a Commission-City Manager form of government.
Residents elect the Mayor and City Commissioners, who in turn appoint a City Manager
to manage the day-to-day operation of the City and to carry out Commission policy. The
City Manager directs the operation of departments that provide City residents with
services and programs. For additional information about our City government, please
visit our web page at http://www.boynton-beach.org/.
Our Municipal Boundaries
The City is generally bordered by the Intracoastal Waterway to the east, Hypoluxo Road
to the north, Gulfstream Boulevard to the south and Lawrence Road to the West. Any
space provided for in the respondents proposal must be provided within the City's
corporate limits. A City map is attached for reference as Exhibit 1.
Proposal Guidelines
All proposals submitted shall consider the following minimum requirements. Failure to
adequately account for these needs in their entirety shall be cause for rejection of the
proposal.
Space Allocation
Each proposal must clearly identify that total physical space requirements can be
accommodated for the Police Facility, City Hall, or both in combination. It is understood
by the City that space can be accommodated in three primary ways. First, a traditional
stand-alone structure(s) can be built to provide for department needs. These types of
structures must comply with all facets of the City's Land Development Regulations
including parking. Secondly, existing vacant, single occupancy, structures can be
modified to provide the necessary space, assuming all provisions of the Land
Development Regulations are complied with. Third, existing multi-tenant uses may be
possibly adapted to provide for the space as specified herein. Lastly, the City wishes to
emphasize that the respondent's proposal is not limited to the three referenced
approaches. It is entirely possible that other types of spaces may be adapted to City use.
Therefore, all creative solutions that are in the interest of the community will be
considered. The City's Land Development Regulations may be found online at
http://www.amlegal.com/nxt/ gateway .dll/Floridalbovntonlbovntonbeachfloridacodeoford
inances ?f=templates$fn=default.htm$ 3. O$vid=amlegal: bovntonbeach fl
The City recognizes that not all space is created equal. For example, through an
architectural space analysis, the City learned that approximately 81,000 SF of office
space is required to support Police functions in a stand-alone building. This space
includes all common area lobbies, corridors, mechanical rooms and other support areas.
,
Also through space analysis, the City learned that approximately 20,000 SF of the 81,000
SF of space was considered common area space, thereby leaving a theoretical 61,000 SF
of space actually occupied by Police Administrative staff. This space was supplemented
by another 5,000 SF of space for Sallie Port and prisoner processing needs. City Hall can
be treated in a similar manner. However, the space allocated to common areas is
somewhat less. Therefore, it is assumed that general government office space needs
comprises approximately 61,000 SF, of which 10,000 SF is considered common area.
Required Office Space
In a stand-alone building the space needs are summarized as follows:
Police (inclusive of common area and Sallie Port/prisoner processing) 81,000 sq.ft.
General Government - 61,000 sq.ft.
In an office building with shared space the needs are less as it is assumed that common
area would be provided:
Police - 61,000 sq. ft plus 5,000 sq. ft. Sallie Port/prisoner processing or 66,000 sq. ft.
General Government - 51,000 sq. ft
From the foregoing, it is assumed that, by sharing parking and common areas, certain
economies can be achieved by a combined facility. Moreover, proposals that share
common area with a mix of other, non-municipal uses will also be considered.
In both scenarios, the proposer shall describe the proposed level of interior and exterior
finish. It is assumed that interior furnishings will be provided by the City.
Parking Needs
It is critical that sufficient parking be accommodated and discussed in the proposal. As
noted, parking provided for a stand-alone structure shall, at minimum, comply with the
City's Land Development Regulations. However, the City will consider shared parking
approaches for those structures proposed to be modified for City occupancy. The
following parking requirements are absolute minimums and failure to accommodate these
minimums will be cause for rejection ofthe proposal. The City reserves the right to re-
evaluate its parking needs at any time.
City Hall/ General Government
Police Functions
175 spaces
100 spaces
Because both the police and general governmental services require convenient parking
for the public, the parking needs must also provide a strategy on how a minimum of 50
publically accessible spaces will be provided for general governmental services and 40
publically assessable spaces will be provided for Police functions.
3
Growth
All proposers shall include discussion specific to growth in City operations. As our City
continues to become more populated, or as our municipal borders expand, it will be
necessary to increase staff, particularly for general government services. Whereas the
specified space needs for Police functions considers reasonable future growth, the space
allocated to general government does not. It is anticipated that space for general
government operations could expand to 80,000 SF within the next 20 years. Therefore,
the proposal shall identify how the need for this additional general government
operational space will be accommodated in the future. It is preferable that this future
space be contiguous to any space provided and/or constructed in the initial term,
Growth in parking demand shall be considered as well. Therefore the proposer shall
identify how many parking spaces will be available for the referenced future growth of
general government operations. Although growth in Police operations will not necessarily
demand more office space, the addition of new Police officers in the future will require
additional parking for staff vehicles (as many as 75). An additional 50 parking spaces
could be required for City Hall growth. Proposer shall describe any space that may be
available for other support vehicles such as boats, trailers, etc.
Costs and Financing
As discussed herein, the City is desirous of identifying the many ways that space can be
provided for both Police and General Government operation. Once again, creativity by
the proposer is encouraged. However, equally as important to the physical space is the
cost of that space to the taxpayer. The City recognizes that space can be purchased,
leased, rented and numerous lease to own options are available. To that end, the City
requires the proposer to identify recommended financing options for the space proposed.
The proposal shall clearly identify costs for:
A. Police Facility, and/or
B. General Government Facility, and/or
C. Combined police and General Government Facility
Existing City Hall / Police Complex
Space for Police and general government functions is currently provided at the municipal
complex at 100 E. Boynton Beach Boulevard. Proposers may consider maintaining the
required spaces on the existing municipal campus in the area generally bounded by
Boynton Beach Boulevard, Seacrest Boulevard, SE 2nd Avenue and NE 1 st Street. The
City will consider abandonment of rights of way.
Should proposers consider maintaining City services at the existing campus, the proposal
must specifically identify the status/future of Fire Station #1, Kids Kingdom, Children's
Schoolhouse Museum and the old High School.
4
Should proposers consider relocation of City services from the existing complex, the City
will have excess property that can either be sold or redeveloped. Therefore, the City will
entertain proposals that contemplate either an offer to purchase the existing City
properties or redevelopment of same. The Children's Museum, and necessary parking
must remain under the auspices ofthe City. However, the City will entertain alternative
uses or sale of the old high school property. The Old High School is discussed in the
next section below. An aerial photo of the City HalllPolice/Old High School/Library area
is attached as an exhibit.
Old High School
The City Commission has indicated that the City will award additional points for a
proposal for reuse of the existing City Hall/Police Complex that either provides funding
or executes a refurbishment strategy for the Old High School property located west of the
Children's Schoolhouse Museum at the NE comer of Ocean and Seacrest.
Sustainable Construction
The City of Boynton Beach is committed to providing the construction of energy-
efficient and sustainable buildings. The City's leadership in promoting these standards is
vital to demonstrate the City's commitment to energy conservation, saving taxpayers
money and raising public awareness of energy rating systems.
Any proposal involving new construction, major renovations to existing buildings, or
tenant improvements to existing buildings shall, through design and construction, meet
the United States Green Building Council (USGBC) Leadership in Energy and
Environmental Design (LEED) rating system, the Green Building Initiative's Green
Globes rating system, the Florida Green Building Coalition standards, or a nationally
recognized, high-performance green building rating system as approved by the
Department of Management Services.
Cost Estimates
Proposals shall clearly define preliminary cost estimates for proposed services. Cost
estimates shall include all costs to the City, including but not limited to, property
acquisition or lease cost, estimated common area maintenance expense, and any other
expenses to the City. Proposals shall include payment for any proposed purchase of the
existing City properties or costs for the re-use of the old high school if so proposed.
Evaluation of Proposals
The City expects to receive a wide variety of proposals that will accommodate our need
for support spaces required to administer Police and general government services. No
two proposals will be the same. Furthermore, some proposals may contemplate either the
5
sale or re-use of the remaining City property and buildings (old high school and Kid's
Kingdom) .
City staff will select three proposals deemed to be the most responsive and those
respondents will be required to present their proposal to the City Commission in a public
forum. The City Commission may choose to further negotiate any proposal it deems to
be in the best interest of the public.
Resources or Reports Referenced:
City of Boynton Beach Web Page - Resources include public documents and planning
reports:
http://www.boynton-
beach.org/ governm ent/ departments/pub Ii c affairs/publicat] ons/index.htm I
.
Boynton Beach CRA Web Page - Resources include public documents and planning
reports:
http://www.bovntonbeachcra.com/p 1 ans. php
Boynton Beach Downtown Redevelopment Plan:
http://www.bovntonbeachcra.com/downloads/FINAL DMP 1-15-09.pdf
City of Boynton Beach, Land Development Regulations:
http://www.amlegal.com/nxt/ gateway .dlllFloridalboynton/bo vntonbeachfloridacodeoford
inances?f=templates$ fn=default.htm$3. O$vid=aml egal: bovntonbeach fl
6
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
much public benefit should be assigned to the activities as opposed to user fees. Programs
used more heavily by the general population should be subsidized more than those patronized
by a limited number of individuals.
Commissioner Rodriguez reiterated he would not support a tax increase. Commissioner
Weiland concurred. Mayor Taylor requested the dollar figure that would result from the millage
increase. Commissioner Ross and Vice Mayor Hay also wanted the information. Commissioner
Weiland repeated his contention that borrowing from the reserves would not address the
internal issues that created the shortfalls.
Lori LaVerriere, Assistant City Manager, sought direction on the issue of reviewing the
continuation of the discretionary programs and possibly raising fees. Vice Mayor Hay indicated
both issues had to be addressed and Mayor Taylor asked for an intensive investigation into the
details of each program to make an informed decision. Mr. Bressner cautioned if programs
were eliminated, staff would also be eliminated. Commissioner Weiland clarified that any wage
freeze would also include each Commissioner's stipend.
C. Review of RFP for City Hall - Police Facility (Tabled on April 7, 2009)
Mr. Bressner reported staff had drafted a Request for Proposal (RFP) to meet the space needs
for the Police Department and City Hall operational needs. If the five areas as drafted were
approved, the Request for Proposal would be sent out. First proposal was for a stand-alone
police facility, City Hall or both on City-owned property or elsewhere. The second proposal was
for police functions as part of an office building. Another proposal was for general government
functions to be provided as part of an office building. Parking options for all proposals would
have to be analyzed. Funding for refurbishment of the Old High Schoo! property would be the
last proposal.
The space needs of a stand-alone police facility would be 80,000 square feet. The price point
of a stand-alone building ranged between $28 million to $31 million based on 2008 estimates.
Previously-purchased land could be utilized and federal stimulus funding was being sought but
not yet identified. There were no funds available for the replacement of City Hall. A new City
Hall could only go fOlWard with the proceeds of a sale for adaptive reuse of the property, a
referendum bond issue or some other funding source. It had not been included in the five year
capital improvement budget.
One alternative was to proceed with the police facility only with a Request for Proposal in either
a stand-alone structure or an existing office building. Another option would be to hold both
projects until the economy improves, recognizing that bid prices would be going up.
Mayor Taylor agreed with proceeding with the draft Request for Proposal. Commissioner
Rodriguez established the land was previously purchased with capital improvement funds and
no restrictions on its use. Mr. Bressner did advise a portion of land used for the Fire Station
was paid out of the fire assessment funds. The current value of the remaining 7 acre property
is $2.5 million. The .original purchase price for the entire 10 acre parcel was $3.9 million.
20
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Commissioner Ross was interested in issuing the drafted RFP covering the five points. She did
want the refurbishment of the Old High School to include the public/private partnership aspect.
Mr. Livergood and Mr. Bressner contended inclusion of a public/private partnership proposal
would be too difficult. Earlier proposals required a substantial subsidy from the City or owner of
the building.
Commissioner Rodriguez questioned if a fair comparison could be made if the City-owned
property location would include construction management at-risk proposals including a
guaranteed maximum price. Mr. Livergood replied the proposers could include that if they
chose. There would be no level playing field and firm prices would probably not be submitted
with the proposals. Subsequent negotiations would reveal the prices.
Mr. Bressner intervened that the proposals would have to specify a certain fini~hing and
minimum acceptable standards. Commissioner Rodriguez contended the standards could be
established after receiving the guaranteed maximum price.
Quintus Greene, Development Director, clarified the project was not out for bid, rather for
proposal. It would be a framework with five elements to be addressed by the developer. There
could be many ways to address the elements. A price would not be sought at this time.
Commissioner Rodriguez proposed the Commission set the standards for a guaranteed
maximum price to avoid change orders and increases in pricing. Mr. Livergood pointed out the
top three proposals would be presented to the Commission and once selected, then the
guarantee maximum price can be negotiated.
Attorney Cherof advised the procedure is unique in asking the marketplace to dictate what can
be done and allowing the creative minds of the developers to meet the requirements of the
RFP. It would be a totally different process and very radical. Mayor Taylor agreed.
Marie Horenberger spoke representing the Morganti Group, a national builder. As a taxpayer
she congratulated the City and. Mr. Livergood for designing an RFP covering the various
elements and the concept. She cautioned the proposals would not be comparable. A facility
proposed on the land previously purchased would generate construction management at risk
proposals that would include a guaranteed maximum price for the project. Hard bids would
contain no maximum price or not to exceed price. The guaranteed maximum price method is
safest for the City qnd the builder assumes any risk. Retrofitting an existing building usually
results in many change orders, driving costs higher and pOSSible litigation to resolve any
disagreements. She suggested language be added to the RFP requiring a guaranteed maximum
price or not to exceed price. Ms. Horenberger mentioned that a proposal for a stand-alone
police facility at the existing land would not include any plans for the Old High School, adaptive
reuse of the current City Hali site or proposals for Fire Station #1.
Mr. Bressner pointed out the scope of the project and square footage of the police facility has
been designed. The final design has not been completed and would lend itself to a design build
method.
21
Meeting Minutes
Regular City Commission
Boynton Beach, FL
April 21, 2009
Owen Duke from the Patrinelli Group, wanted to participate in the process. The request is
seeking the best ideas and if selected, would the idea be put out to bid or deal directly with the
Patrinelli Group for construction. Mayor Taylor replied the City would deal with the developer.
Patrinelli Group's core projects were office buildings and completed projects in many states. The
Group had been in business for 28 years.
Motion
Commissioner Ross moved to approve the draft RFP to be issued for City Hall and Police facility
and establish a timeline.
Mr. Livergood questioned if not moving City Hall from the core area was intended, it had to be
included in the RFP. Mayor Taylor was open to any location within the City. Commissioner
Ross recalled a vote had been taken for anywhere in the City.
Commissioner Ross continued her motion that due to the budget situation the project needed to
be expedited. Mr. Bressner suggested a minimum of 90 days.
Vice Mayor Hay seconded the motion with the understanding the five bulleted items are
included. Commissioner Ross agreed.
Commissioner Rodriguez suggested the language relating to the current City Hall site and plans
for Kid's Kingdom, Fire Station #1 and the Old High School be modified in the RFP. There was
agreement to clarify the language.
Motion
Commissioner Rodriguez offered a substitute motion to approve the RFP with the changes in
the language at the bottom of page four and include a guaranteed maximum price bid to all,
regardless of the size or scope of the project. Commissioner Weiland seconded the motion for
discussion.
Commissioner Weiland understood that construction prices were low, but could not discuss
raising taxes, borrowing money out of the reserves and building a new Police Department and
City Hall. He would only support the second option of holding both projects until the economy
changed. Mayor Taylor noted staff did not recommend the guaranteed maximum price
modification.
Discussion ensued on the need for a guaranteed maximum price clause. Mr. Bressner asserted
pricing could be verified during negotiations.
The substitute motion failed 1-4. (Mayor Taylor, VIce Mayor Hay, Commissioners Ross and
Weiland dissenting)
22
Meeting Minutes
Regular City Commission
Boynton Beach; FL
April 21, 2009
The original motion passed 4-1. (Commissioner Weiland dissenting)
D. Discussion regarding Energy Efficiency and Conservation Block Grant
Ms. Lejeune explained the American Recovery and Reinvestment Act (ARRA) was the stimulus
funding and a team had been established with staff from the City and CRA to diligently search
for funding possibilities. Other funds have already been sought and now the Energy Efficiency
and Conservation Block Grant is targeted to reduce fossil fuel emissions, total energy use and
improve energy efficiency in the building and transportation sector. The team reviewed the
priorities and created a program to submit for award. The program would create a revolving
loan fund program to provide energy efficiencies for both private and public buildings.
Partnerships with other governmental agencies as well as private organizations could be formed
to coordinate and facilitate even greater use of the funding. It could also be structured to be
available for low income families and provide assistance applying for other funds. In total, the
grant monies would stimulate the economy, create new jobs and increase permit applications.
Ms. Lejeune further reported $250,000 would be available to hire a consultant to create the
energy efficiency conservation strategy required to meet the funding criteria. Staff
recommended the Commission allow the application to be submitted to create the strategy,
develop the revolving loan fund program and public facilities energy audit and retrofit. Mayor
Taylor established there would be no match in funding required by the City. Administrative
costs would be included in a $75,000 allotment. After those funds were exhausted there may
be additional administrative costs to keep the program active.
Motion
Commissioner Ross moved to endorse the submittal of the application through ARRA for the
Energy Efficiency and Conservation Block Grant. Vice Mayor Hay seconded the motion. The
motion passed unanimously.
E. Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and
Sam's Club properties.
Mr. Rumpf reported the annexation continues to move forward jointly for over 40 acres
including the Sam's Club properties and Palm Beach Memorial Park. A resolution would be
needed to cover an interlocal agreement with Palm Beach County relating to the State law of
annexation requiring compactness. There is a pocket created that could only be accessed
through a shared drive with Sam's Club that can only be annexed once it becomes contiguous
to the City boundaries. It includes a hotel and restaurants. Mr. Rumpf indicated the expansion
of utilities and a billboard to the cemetery property and a fuel pump operation for Sam's Club
are part of the annexation agreements and may be amendments to the settlement.
X. FUTURE AGENDA ITEMS:
A. Options for Hurricane Protection Project for 1913 Schoolhouse Children's Museum
(Deferred pending future grant opportunities)
23
XII. - LEGAL
DEVELOPMENT
ITEM A.l
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Fina] Form Must be
Turned in to City Clerk's
Office
0 A ri] 2], 2009
0 Ma 5,2009
0 Ma ]9,2009
0 June 2, 2009
0 June ]6,2009
0 Jul 7,2009
[8J Jul 2],2009
0 Au ust 4, 2009
Ju]
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o
o
o Public Hearin
o
o
[8J Le al
o Unfinished Business
o
Ju]
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda under Legal,
Ordinances - Second Reading. The City Commission tabled this request a third time at the request of the applicant, but this
time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event that it
involved litigation. The planned meeting of Walmart officials took place on July 8th. For further details pertaining to this
request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (ANEX 09-001)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to annex the properties.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
:A:'-L IL/L~-"
Assistant to City Manager
City Manager's Signature
~
Plaooing and Zo
S :\Planning\SHARED\ WP\PROJE
irector City Attorney / Finance
S\Sams Club PB Memorial\ANEX 09-00 I \Agenda Item Request Sam's Club ANEX 09-00 I 7 -21-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09-, .
2
3 AN ORDINANCE OF THE CITY OF BOYNTOl\
4 BEACH, FLORIDA, ANNEXING 15.78+/- ACRES
5 OF LAND THAT IS CONTIGUOUS TO THE CITY
6 LIMITS WITHIN PALM BEACH COUNTY AND
7 THAT WILL, UPON ANNEXATION, CONSTITUTE
8 A REASONABLY COMPACT ADDITION TO THE
91 CITY BOUNDARIES; PROVIDING THAT THE
10 II PROPER LAND USE DESIGNATION AND
11 PROPER ZONING OF THE PROPERTY SHALL BE
12 REFLECTED IN SEPARATE ORDINANCES TO BE
13 PASSED SIMlJLTANEOUSLY HEREWITH;
14 PROVIDING FOR CONFLICTS, SEVERABILITY.
15 AND AN EFFECTIVE DATE; PROVIDING THAT
16 THIS ORDINANCE SHALL BE FILED WITH THE
1 7 CLERK OF THE CIRCUIT COURT OF PALM
18 BEACH COUNTY, FLORIDA, UPON ADOPTION.
19
20 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
21 development of an Annexation Program: and
22 WHEREAS, Walmart Stores #8140, owner, hy and through its agents. Bonnie
23 Miskel and Scott Backman. of the property more particularly described hereinafter. have
24 heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of
25 Ordinances, City of Boynton Beach. Florida. for the purpose of annexing a certain tract of
26 land consisting of approximately 15.78+/- acres: and
27 WHEREAS, the City of Boynton Beach hereby exercises its option to anne\. the
28 following tract of land as hereinafter described. in accordance with Article L Section ~ 1;:2)
29 of the Charter of the City and Section] 71.044. and] 71,062(2), Florida Statutes; and
30 WHEREAS. said tract of land lying and being within Palm Beach Count\ IS
31 II contiguous to the existing city limits of the City of Boynton Beach, and will. upon Its
32 annexation. constitute a reasonably compact addition to the City houndary
S \CA\OrdinanceslPlanningcAnnexation&Annexatlon - Sams ('lub.doL
Ii
d
II
! I
,
..L
I
I
11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
I
21 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record.
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16
Section3 :
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
17 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S:\CA \Ordinances\PlanningAnnexationSAnnexation - Sams Club.doc
2
91
10 I
11: J
12! I
13 i I
II
1411
1511
1611
1711
181
19' .
201
21!
I
2211
23 II
241
I
251
261.1
27 I
28 II
29
30
31
32
33
34
1! !
Section 7:
This Ordinance shall not be passed unti 1 the same has heen ad nT' '.,.', i
2 for two (2) consecutive weeks in a newspaper of general circulation in the City of Bp\ n10n
I
3!! Beach, Florida, as required by the City Charter and Section 171.044. Florida Statutes.
411
Section 8.
This ordinance shall become effective immediately upon passage
5!
Section 9.
This ordinance, after adoption, shall be filed with the Clerk 01 the
6
FIRST READING this ;10 day of JO-nuC\.-f 1 .2009.
SECOND, FINAL READING and PASSAGE this c1~ day of June.- .2009.
Circuit Court of Palm Beach County. Florida.
7
8
CITY OF BOYNTON BEACH. FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner- Ronald Weiland
Commissioner- Woodrow l. Hay
Commissioner- Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S:ICA\OrdinanccsIPlanning\Annexalion;\Anncxallon- Sams Club doc
3
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEA CREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWl/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO, 1 OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING A T A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWA Y NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95),587.24 FEET;
~ .. n/lli
;:0 v "/v {. /'-<., ,i :; 00 !-JJ' .'
~~.-- . - -....
THENCE NORTH 07025' 24" EAST ALONG THE EASTERLY RIGHI -(if - \\ A't II[
INTERSTATE HIGHWAY NUMBER 95 il-95 l. ""'25 FEET 10\ ~ '8" IRO~ PIN Cr\PPED 393'
FOUND AND DISTURBED AT THE SOl'THWESTERL Y CORNER or LAND CON\I YEDl I
KRISHNA REALTY, INC, (PARCEL CONTROL NUMBER 00-43-45-09-23-000-00221 BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O.R. BOOK J 1607. PAUF .~32 OF nlL- PLBLlI
RECORDS OF PALM BEACH COUNTY. FLORIDA
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY. INC 342.66 FEET TO A ';' IRON PIN FOUND 1006 FEEl
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE f:ASTERL Y LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC" 152.37 FEET TO A POINT AT THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA. INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O,R. BOOK I ]529, PAGE 866 OF THE PUBLlC RECORDS OF PALM BEACH COUNTY. FLORJDA:
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC ]87.2] FEET TO A 1'0" IRON PIN FOUND (OJ:'
FEET SOUTH AND 0.33 FEET WEST):
THENCE NORTH 02029' ]4" EAST ALONG THE EASTERLY LINE OF IA,ND so
CONVEYED TO TACO BELL OF AMERICA. INC., 301.75 FEET TC) /\ POI1"~T ()t~ T'liJ--
SOUTHERLY RIGHT-OF-WAY OF AFORESAJD HYPOLUXO ROAD:
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY or
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O,R. BOOK 1997.
PAGE 176 OF THE PUBLlC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 02029' ]4" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.0 I FEET SOUTH AND 0.] 6 FEET WEST) AT
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL p, BARBERIS (PARCEl
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R, BOOK 16830, PAGE 1291 OF THE PUBLlC RECORDS OF PALM BEACH
COUNTY. FLORIDA:
THENCE SOUTH] ]031'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBERIS, 60.75 FEET TO A POINT:
THENCE SOUTH 02029' ]4" WEST ALONG A WESTERLY LlNE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LlNE OF LAND SO CONVEYED TO
MICHEL P. BARBERlS, ]47.50 FEET TO THE WESTERLY LlNE OF TRACT "AU USED FOR
RIGHT-OF-WA Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029' ]4" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40,00 FEET TO A P.K, NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.]0
FEET NORTH, 0,22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC, (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45..
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O.R. BOOK ~945.
PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHALT PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERSTONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING ]4.796] ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHW A YS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO W AL-MART STORES, INC. BY DEED DATED JANUARY 24, ] 989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE ]460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY -CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE ]77-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.19 East: 4943,64
Line Course: S 02-29-14 W Length: 522.21
North: 4226.47 East: 4920,98
Line Course: N 88-55-16 W Length: 545.43
North: 4236.74 East: 4375,65
Line Course: S 03-27-44 W Length: 160.14
North: 4076.89 East: 4365,98
Line Course: N 88-55-16 W Length: 344.35
North: 4083.37 East: 4021,69
Line Course: N 01-0 I-59 E Length: 180.00
North: 4263,35 East: 4024,93
Line Course: N 36-02-54 E Length: 143,16
North: 4379,09 East: 4109.18
Line Course: N 10-38-03 E Length: 587.24
North: 4956.25 East: 4217,54
Line Course: N 07-25-24 E Length: 7,25
North: 4963.44 East: 4218.48
Line Course: S 87-30-46 E Length: 342,66
North: 4948.57 East: 4560.82
Line Course: N 02-29-14 E Length: ] 52,37
North: 5100.79 East: 4567.43
Line Course: S 87-30-46 E Length: ] 87,21
North: 5092.67 East: 4754.46
Line Course: N 02-29-14 E Length: 30 I 7'
North: 5394,13 East: 4767.56
Line Course: S 88-53-16 E Length: 54.00
North: 5393,09 East: 482] .55
Line Course: S 02-29-]4 W Length: ]37,00
North: 5256.22 East. 4815.60
Line Course: S 1]-31-09 W Length: 60,75
North: 5196.69 East: 4803.47
Line Course: S 02-29-14 W Length: 142,00
North: 5054.82 East: 4797,31
Line Course: S 87-30-46 E Length 147,50
North: 5048.42 East: 4944,b7
Line Course: S 02-29-14 W Length: 40.00
N0I1h: 5008.46 East: 4942.ll3
Line Course: N 87-30-46 W Length: 166,00
North: 5015,66 East: 4777.09
Line Course: S 02-29-14 W Length: 260.00
North: 4755,91 East : 4765.~ I
Line Course: S 87-30-46 E Length 1 n,()(J
North: 4748,18 East: 4943,64
Perimeter: 4659,01 Area: 644,518 sq,ft. 14.7961 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0,00 Course: S 19-24-21 W
Error North: -0.003
East: -0.001
Precision I: 4,659,020,000.00
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW ~) of Section 9, Township 45 South,
Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of Hy-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County,
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said
Northwest Quarter of said Section 9;
Thence South 02029' 14" West, along the centerline of Seacrest Boulevard and the east line of
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point;
Thence North 870 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described;
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co.
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set;
Thence South 8r 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores,
Inc. (Parcel No.1), a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard;
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard,
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg al highways,
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING &. ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras /)
Senior Planner '"> ... I /
'\ \0V
Michael W. Rumpf Vv';' ,
Director of Planning and Zoning
December 1, 2008
Sam's (lub/NorthStarl ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum S dwelling units per acre
(CH/S) and Institutional and Public Facilities (INST) to Loca!
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicantl Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services or FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Seacrest Boulevard (Exhibit "A'')
15.80/25.89 acres, a total or 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CHIS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam;s Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt Jhe amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to F!orida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
;=ile Number: LUAR 09-002-ANEX 09-JO"
Sam's C1ubjNorthStar
This proposed amendment is being reviewed for transmittal to the ::Iorida :)eparcmen:
Community Affairs (DCA). After transmittal and DCA review. the oroposed amendment wi[!
scheduled for adoption, tentatively in May 2009,
a. Whether the proposed rezoning would be consistent with appiicable comprehens/'v-:
plan policies including but not limited to, a prohibition against any increase /'7
dwelling unit density exceeding 50 in the hurricane evacuation zone without writter'
approval of the Palm Beach County Emergency Planning Division and the City's 1"/5/'
manager. The planning department shall also recommend limitations ,)'
requirements/ which would have to be imposed on subsequent development of tn-:'
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy 1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enciaves/
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Florida Statutes, and the Palm Beach Counn/
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter/ocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the CitV"s
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the Citis fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the pubiic welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under th:,
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems/ roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water [)o..mand
Land Use Generation Rate Units Total GDP
Existing! Proposed Offic~o-ematcrim 25 GPD per employee 16 400
Olurc:h 5 GPD per seat 120 600
1,000
4
File Numu'2:-: :...UAP. 09-002-ANEX 09-UO
Sam's Club/NortrS~ar
The future addition of a crematorium will have a marginal impact. accounted for ir, the aDO\"
table. The generation rates for office and church uses are applied in delT,and caiculations fo' j'",
existing funeral home and chapel buildings,
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August l4, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP I
Existing/Proposed Officel Crematori m 25 GPD per employee 16 400 i
Church 5 GPD per seat 120 600 !
1,000 i
I
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD :
Committed or allocated capacity (MGD) 18.56 l
Available capacity (MGD) 2.72 i
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
DrainaQe
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. Tne Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthSrar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility
File Number: LUAR 09-002-ANEX 09-001
Sam's C1ub/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depic-LS the existing one-story, 134,100 square root Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File NumDer: LJAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fieids to the sa,;'
and north of the existing Sam's structure. With the inclusion of the gas and carwash facilitv, ~'Y
site proposes 683 parking spaces, four (4) spaces in excess of the required 679, Acc'2sS te
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just ec:s'
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the northe~:
edge, center and southern edge of the site. The site has traffic circulation comoietely arou;;c
the site and existing and proposed structures, for ease of service delivery and emergen='
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of tne
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' requiredj36' proposed, side
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservatior
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small smr:
falls short of the PCD requirement, staff will require a denser planting scheme to D"
accomplished when the formal site plan is brought forward in the future to approve the gas anc
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands ana
associated canopies be located a minimum of 200 feet from any public right-of-way. As thiS
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those propertie~.
requesting PCD zoning with existing improvements, which are annexed into the City. All othe:
aspects of development review will be accomplished during the site pian review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C- 3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process,
CONCLUSIONS! RECOMMENDA nONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properti~s,
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Pianmng\SHARED\WP\PROJECTS\Sams Club PB MemDrial\LUAR 09-00~\STAF~ REPDRi Sam'sClub-PBMemonaLaoc
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A"
LOCATION MAP
.._.___.._........___..._..."._......__....._.___.._...__..1
fIn "G-'ty_"'\~"~\l[-. ----,----,I-!-.'I~:. 1-.,'
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1 OF
XII. - LEGAL
DEVELOPMENT
ITEM A.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16, 2009
0 Jul
[gJ Jul
0 st 4, 2009
June I, 2009
June 15,2009
Jul
Jul
0 Announcements/Presentations 0
NATURE OF 0 Administrative 0
AGENDA ITEM 0 Consent A enda [gJ Le al W
0 0 Unfinished Business
0 Public Hearin 0
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda under Legal,
Ordinances - Second Reading. The City Commission tabled this request a third time at the request of the applicant, but this
time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event that it
involved litigation. The planned meeting of Walmart officials took place on July 8th. For further details pertaining to this
request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Northstar (ANEX 09-001)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to annex the properties.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Development Depa
1: ~(
f, / ,'1 ,
. ; _IV\.. ' ~U.~C
,/ City Manager's Signature
Assistant to City Manager.
~
Planning and Zonin rrector City Attorney / Finance
S:\Planning\SHARED\WP\PROJECT ams Club PB Memorial\ANEX 09-001\Agenda Item Request Northstar ANEX 09-001 7-21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
10,
11i
I
121
i
13:
141
151
161
17
18
19
201
I
211
221
i I
231
I
I
241
I
1
251
261
I
: I
Ii
27 I
i
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28 ,
Ii
29 i I
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30 i I
31 II
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1
ORDINANCE NO. 09-
2
3
4
5
6
7
8
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING 25.89+/- ACRES
OF LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE
A REASONABL Y COMPACT ADDITION TO THE
CITY BOUNDARIES; PROVIDING THAT THE
PROPER LAND llSE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE
PASSED SIMUL T ANEOUSL Y HEREWITH;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE; PROVIDING THAT
THIS ORDINANCE SHALL BE FILED WITH THE
CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
development of an Annexation Program: and
WHEREAS, Northstar Cemetery Services of Florida, LLC., owner. by and through
its agents. Bonnie Miskel and Scott Backman, of the property more particularly described
hereinafter, have heretofore filed a Petition. pursuant to Section 9 of Appendix A-Zoning. of
the Code of Ordinances, City of Boynton Beach, Florida. for the purpose of annexing a
certain tract ofland consisting of approximately 25.89-i-i- acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to anne.\. the
following tract of land as hereinafter described, in accordance with Article L Section 7 (32)
of the Charter of the City and Section I 71 ,044. and I 71.062(2). Florida Statutes; and
WHEREAS, said tract of land lying and being within Palm Beach Count\ 1-"
contiguous to the existing city limits of the City of Boynton Beach. and wi!!. upun lb
annexation, constitute a reasonably compact addition to the City boundary,
S, \CA\OrdmanceSIPlanning'ct\nnexatiom\AnncXal,on - Northstar J,"'
1
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
3
Section 1.
That each and every Whereas clause is true and correct.
4
Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 See legal descriptions attached hereto as Exhibit "A"
9
10 Subject to easements, restrictions, reservations, covenants and
11 rights-of-way of record.
12
13 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be
14 and become part of the City with the same force and effect as though the same had been
15 originally incorporated in the territorial boundaries thereof.
16
Section3 :
That Section 6 and 6( a) of the Charter of the City of Boynton Beach,
1 7 Florida, is hereby amended to reflect the annexation of said tract of land more particularly
18 described in Section 2 of this Ordinance.
19
Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
20 zoning designation and Land Use category is being determined as contemplated in Section
21 171.162(2), Florida Statutes.
22
Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
23 repealed.
24 Section 6: Should any section or provision of this Ordinance or any portion thereof
25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
26 the remainder of this Ordinance.
S :\CA \Ordinances\Planning.AnnexationMnnexation - Northstar.doc
2
1
Section 7:
This Ordinance shall not be passed until the same has heen ad\ cn;,'(
2
for two 12) consecutive weeks in a newspaper of general circulation In the City of BO\lltlll:
3
Beach, Florida, as required by the City Charter and Section 171.044. Florida Statutes.
4
Section 8.
This ordinance shall become effective immediately upon passage.
5
Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
6 Circuit Court of Palm Beach County, Florida.
7
FIRST READING this ~ day of ~. htH.,Vi,C,J ,2009.
(,..,0 ,
SECOND, FINAL READING and PASSAGE this ~ day of '-..June . ~OU9
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
3 411 (Corporate Seal)
CITY OF BOYNTON BEACH. FLORIDA
Mayor- Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner- Ronald Weiland
Commissioner -- Woodrow L, Hay
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito, CMC
City Clerk
S :\CA\Ordinances\Planning\AnnexationSlAnnexatlon - Northstar doc
I
II
3
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of 2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 010 01' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
j,/ 'kIJ / ~~, I
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Memb'2rs
Planning and Development Board
Hanna Matras /}
Senior Planner '"' . '. Vi !
\ \ J .
Michael W. Rumpf Vv7 '
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/S) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant! Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NDrthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/5)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's ClubjNorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-way of Interstate I-9S.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, Dr generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-00J.
Sam's Club/NorthStar
This proposed amendment is being reviewed for Liansmlttal to the ==iorida Departmen: ,i
Community Affairs (DCA). After tiansmittal and DCA review, the proposed amendment wiL :!:
scheduled for adoption, tentatively in May 2009,
a. Whether the proposed rezoning would be consistent with applicable comprehenswe
plan policies including but not limited tOr a prohibition against an,V increase II"
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the Citys risk
manager. The planning department shall also recommend limitations ,r
requlrements/ which would have to be imposed on subsequent development of tne
property, in order to comply with policies contained in the comprehensive olan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclavesr
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171/ Rorida Statutes/ and the Palm Beach Countv
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter local agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City [0
concurrently apply for land use amendment and rezoning to the Citys
adopted land use classification and zoning district. /1
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts/ or would constitute a grant of special privHege to an individual property
owner as contrasted with the protedion of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under th:=
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use design~tion and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use Generation Rate Units Total GDP
Existing/ Proposed Offi~ Q-erroata-im 25 GPD per employe: 16 400
Olurch 5 GPD per seat 120 600
lrO()O
4
File Number: LUAR. 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the aoov:
table. The generation rates for office and church uses are applied in demand caiculations foc t:r::
existing funeral home and chapel buildings,
Potable Water Facilities
Water Plant Capacity* (peak day) 27 ,000 ,000
Committed capacity (actual flow + reserved capacity, peak day 23,62.2,2.89
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14,2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing/Proposed Office/Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000 ,
,
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD I
Committed or allocated capacity (MGD) 18.56 I
AvaBable capacity (MGD) 2.72 i
Soiid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exist..s to
accommodate the county's municipalities throughout the lO-year planning period.
Drainage
Drainage will a!so be reviewed in detail as part of the site pian approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retaii
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibiiity 0"
Rle Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already ai/owed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-0(\1
Sam's Club/NorthStar
The plan depict..s parking on all sides of the property, with the largest parking fields to the ':25.
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, t,),.
site proposes 683 parking spaces, four (4) spaces In excess of the required 679. Access to tn
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just -::2S'
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the norther'
edge, center and southern edge of the site. The site has traffic circulation completely arour!,:::
the site and existing and proposed structures, for ease of service delivery and emergenc',
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 2.70'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to tho
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small stnD
falls short of the PCD requirement, staff will require a denser planting scheme to :P
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development district..s requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All othe;'
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan i::,
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant's
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties,
Therefore, staff recommends that the subject request be approved,
ATIACHMENTS
S:\Planmng\SHARED\WP\PROJE::TS\Sams Club PB Memorial\LUAR 09-002\STAFC REPOR, Sam'sCiub-PBMemonal.ooc
SAM'S CLUB AND NORTHSTAR PROPERTIES
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DATE
DATE
Dm
C-1
I OF 1
XII. - LEGAL
DEVELOPMENT
ITEM A.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Fonn Must be
Turned in to City Clerk's
Office
o A ri121, 2009
o 5,2009
o 19,2009
o June 2, 2009
0 June 16, 2009
0 Jul 7,2009
[8'J Jul 2],2009 Jul
0 Au ust 4, 2009 Jul
C~
Announcements/Presentations
o
o
[8'J
o
o
Le aI
NATURE OF
AGENDA ITEM
o
o
o
o
o
Administrative
Consent A enda
Unfinished Business
a
-q
~.~J3
- ("./"l"l
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda ~der tji,il,
Ordinances - Second Reading. The City Commission tabled this request a third time at the request of the applicant, but ttiis
time to postpone action until after Wahnart officials revisited their corporate position on the annexation in the event that it
involved litigation. The planned meeting of Walmart officials took place on July 8th. For further details pertaining to this
request, see attached Department Memorandum No. 08-104.
Public Hearin
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to amend the Comprehensive Plan Future Land Use Map classification
on :i::41.49 acres ofland from Commercial High (CH /5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC).
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
/ ~\
'-=:7)~j...L ;;h-..-t,.fiRA- ~~
City Manager's Signature
Develop
Assistant to City Manager
()1v1./
Planning and Zo' irector City Attorney / Finance
S:\Planning\SHAREDlWP\PROJE S\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam's Club Amend LUAR 09-001 7-21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 09-c 1>-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY W ALMART STORES #8140 AND
8 LOCATED AT 7233 SEACREST BOULEVARD;
9 CHANGING THE LAND USE DESIGNATION FROM
10 COMMERCIAL HIGH WITH A MAXIMUM 5
11 DWELLING UNITS PER ACRE (CH/S)(P ALM BEACH
12 COUNTY) TO LOCAL RETAIL COMMERCIAL;
13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
14 AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
17 a Comprehensive Future Land Use Plan and as part of said Pian a Future Land Use Element
18 pursuant to Ordinance No. 89-38 and in accordance with the Local Government
19 Comprehensive Planning Act; and
20 WHEREAS, the procedure for amendment of a Future Land Use Element oj' a
21 Comprehensive Plan as set forth in Chapter 163, Florida Statutes. has been followed; and
22 WHEREAS, after two (2) public hearings the City Commission acting in its dual
23 capacity as Local Planning Agency and City Commission tinds that the amendment
24 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in
25 the best interest of the inhabitants of said City to amend the aforesaid Element of the
26 Comprehensive Plan as provided.
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
28 CITY OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
30 herein by this reference.
S.\CA'.Ordmances\PlanninglLand Use\Sams Club doc
. I
II
'I
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 7233 Seacrest
4 Boulevard changing the land use designation from Commercial High with a maximum 5
5 dwelling units per acre (CH/5) (Palm Beach County) to Local Retail Commercial:
6
7 See legal description attached hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
13
14 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
17 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F.S.
25
FIRST READING this ~ day of JO..{\u(.{..C i ' 2009.
S"\CAIOrdinanceslPlanning\Land UselSams Club doc
- 2 -
1
SECOND. FINAL READING and PASSAGF this .~ 4d. day ot .J_~~~
1111l)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
~~ I ATTEST:
19'
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
CITY OJ. BOYNTUN BEACH. FLORID.\
Mayor Jerry Taylor
Vice Mayor ..~ Jose Rodriguez
Commissioner- Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S.\CAIOrdinances\Planning,Land Use\Sams Club due
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWl/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO.1 OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH V ARIES) AND SEACREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEA CREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R, BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (l-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (l-95), 143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), 587.24 FEET;
\' .If
1f.-xN/15/ T A
THENCE NORTH 07025' 24" EAST ALONG THE t:ASTERL Y R1GHT-UF-\\,A'1 U!
INTERSTATE HIGHWAY NUMBER 95 (1-95), /,25 FEET TO ,'\ 58" IRO)\; PI1\; CAPPED ~13935
FOUND AND DISTURBED AT THE SOUTHWESTERLY CORNER OF LAND CON\TYED ru
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0022) BY DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O,R. BOOK 11607. PAGE 332 or THF PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA.
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY. INC, 342,66 FEET TO A ':" IRON PIN FOUND (0.06 FEET
NORTH AND 0.37 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC., ] 52,37 FEET TO A POINT A T THE SOUTHWESTERLY
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INC. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
O.R. BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, lNC, 187,21 FEET TO A ,;" IRON PIN FOUND (012
FEET SOUTH AND 0,33 FEET WEST);
THENCE }~ORTH 02029' 14" EAS1~ i\LO}~G crHE Ei\Sl'ERL Y LIl'~E tJF L/\.ND S(;
CONVEYED TO TACO BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-Of-WAY OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO, 6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3070) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997,
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO MOBIL OIL CORPORA nON, 137,00 FEET TO A PERMANENT REFERENCF
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0,01 FEET SOUTH AND 0,16 FEET WEST) Al
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEl.
CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O,R. BOOK ]6830. PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH] 1031'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL p, BARBERIS, 60,75 FEET TO A POINT:
THENCE SOUTH 02029' ]4" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, ]42,00 FEET TO A POINT:
THENCE SOUTH 87030'46" EAST THE SOUTHERL Y LINE OF LAND SO CONVEYED TU
MICHEL P. BARBERIS, 147,50 FEET TO THE WESTERLY LINE OF TRACT '"A'" t ISED FOR
RIGHT-OF-WAY OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029' 14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (O,]U
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0050) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN O,R. BOOK 5945.
PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERSTONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14,7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHW A YS, EASEMENTS AND
RESTRICTIONS.
All 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEA CREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW 1/4) of Section 9. l'ownship 45 South.
Range 43 East, Palm Beach County, Florida, and known as being Parcel No. 5 of By-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County.
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of said
Northwest Quarter of said Section 9:
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line 01
the Northwest Quarter of Section 9, a distance of 696.58 feet to a point:
Thence North 870 30' 46" West, a distance of 52.00 feet to a permanent reference point (5/8"'
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-way of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described:
Thence continue North 870 30' 46" West, along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No. 1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945, Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone ('\)
Dudley LS6527) set;
Thence North 020 29' 14" East, along a easterly line of land so conveyed to Wal-Mart Stores.
Inc. (Parcel No.1) a distance of260.00 feet to a P.K. nail set:
Thence South 870 30' 46" East along a Southerly line of land so conveyed to Wal-Mart Stores.
Inc. (Parcel No.1), a distance of 166.00 feet to a P .K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard:
Thence South 020 29' 14" West along the Westerly right-of-way line of said Seacrest Boulevard.
a distance of 260.00 feet to the Principal PLACE OF BEGINNING, and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley. L.S. No. 6527 of the Riverstone
Company in October of 2008, be the same more or less, but subject to all leg a1 highways.
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527).
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DMSION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras /J
Senior Planner ("\ 1\ l/
Michael W. Rumpf WI
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/S) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery SeNices of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevardj3691 Sea crest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/S)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3':.
East:
Right-of-way of Seacrest Boulevard, farther east single-familv
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-5) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned C1-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the Citys risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1. 15. 1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Rorida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citys
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern, or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public we/fare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
3
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. Thc.'
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility svstems, roadways, ana
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have 2:
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
conslstency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of c:
fuelling station will not have a significant effect on the sitefs overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for.
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Dsmand
Land Use
Existing! Proposed Offic~Crematcrim
Olurch
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing! Proposed Office!Crematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainaae
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties" or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility of
5
Fiie Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large eXisting cemetery, a proposed commercial zoning has 2 negligibl':
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery vvil
accommodate the pian to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should a!so be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard anc
all applicable siting standards of Florida Statutes. The subject property would allow for th,,'
citing of one of the two remaining billboards allowed under the agreement, with minima!
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, whicr
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary actior
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already a/lowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master pian
depicts the existing one-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side-
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDA nONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Plannlng\SHARED\WP\PROJEcrs\Sams Club PB Memorlal\LUAR 09-002\STAFF REPORT Sam'sOut>-PBMemonal.doc
7
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.4
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16, 2009
0 Jul 7,2009
i:8J Jul 21,2009
0 Au ust 4, 2009
Jul
NA TURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent A enda
o
o Public Hearin
o
o
i:8J Le al
o Unfinished Business
o
Jul
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda under Legal,
Ordinances - Second Reading. The City Commission tabled this request a third time at the request of the applicant, but this
time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event that it
involved litigation. The planned meeting of Walmart officials took place on July 8th. For further details pertaining to this
request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South ofHypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to amend the Comprehensive Plan Future Land Use Map classification
on :t4l.49 acres of land from Commercial High (CH / 5) and Institutional (Palm
Beach County) to Local Retail Commercial (LRC).
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
t-jJ ....
t7r~..-A..L p~ 1/'1Q..;___'-"-_^-\
City Manager's Signature
Assistant to City Manager ~
Develo '
Planning and Zo . g Director City Attorney / Finance
S:\Planning\SHARED\WP\PROJE TS\Sams Club PB MemoriaJ\LUAR 09-002\Agenda Item Request Northstar Amend LUAR 09-001 7-21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1 ORDINANCE NO. 09-tX L
2
3 AN ORDINANCE OF THE CITY O~' BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE FUTURE LAND USE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY NORTHST AR CEMETERY SERVICES OF
8 FLORIDA LLC., AND LOCATED AT 3691 SEACREST
9 BOULEVARD; CHANGING THE LAND USE
1 0 DESIGNATION FROM INSTITUTIONAL AND PUBLIC
11 FACILITIES (INST) TO LOCAL RETAIL
12 COMMERCIAL; PROVIDING FOR CONFLICTS,
13 SEVERABILITY, AND AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission of the City of Boynton Beach. Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance \vith the Local Government
18 Comprehensive Planning Act; and
19 WHEREAS, the procedure for amendment of a Future Land Use Element 01 a
20 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Commission finds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it lT1
24 the best interest of the inhabitants of said City to amend the aforesaid Element of the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
2 9 herein by this reference.
S \CA\Ordmances\Planning\Land USCINorthstar.doc
. !
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located at 3691 Seacrest
4 Boulevard changing the land use designation from Institutional and Public Facilities (INST) to
5 Local Retail Commercial:
6
7 See legal description atta::hed hereto as Exhibit "A"
8
9
10 Subject to easements, restrictions, reservations, covenants and rights-
11 of-way of record.
12
13
14 Section 3: That any maps adopted in accordance wi th the Future Land Use Element of the
15 Future Land Use Plan shall be amended accordingly.
16 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
17 Section 5: Should any section or provision of this Ordinance or any portion thereof be
18 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
19 remainder of this Ordinance.
20 Section 6: The effective date of this plan amendment shall be the date a final order is
21 issued by the Department of Community Affairs finding the amendment to be in compliance in
22 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
23 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
24 F.S.
25
FIRST READING this ~ day of Jtl..41lU::41 ,2009.
s: leA IOrdinancesIPlanning,Land Use\Northstar.doc
- 2-
1
'11'41>
SECOND, FINAL READING and PASSAGE this 0\- day of --d~.J}~
'1)( )l)
2
3
4
5
6\
7
81
9
10
11
12
13
14
15
16
eIT)' OF BOYNTON BEACH. FLORI\)\
Mayor. Jerry Taylor
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L Hay
1 7 Commissioner - Marlene Ross
18 ATTEST:
19
20
21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
II
I
II
II
I'
I
S \CA\Ordinan~es\Plannm!ilLand Use\Northslar.d(1L'
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 870 30' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 02029' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 01001' 59" East, a distance of 156.13
feet to a point; thence North 87030' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 01001' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 01001' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 030 27' 44" East, a distance of 160.14 feet to a point; thence
South 88055' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
L~?(flltS' r i '/t-
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras Ii
Senior Planner ~\ ,~l;
Michael W. Rumpf V~ .
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CHIS) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Waimart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Sea crest Boulevard/3691 Seacrest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/S)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Samis Club: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
File Number: LUAR 09-D02-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CH/5 and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Sea crest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ANALYSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.5. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
File Number: LUAR 09-002-ANEX 09-CJD
Sam's C1ub/NorthStar
This proposed amendment is being reviewed for transmittal 1:0 -:he FioriGa Departmen)
Community Affairs (DCA). After transmittal and DCA review. ":he proposed amenoment wil "
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehenslV,'
plan policies including but not limited tOI a prohibition against any increasE .
dwel/ing unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the Citys ,~'i;i.
manager. The planning department shall also recommend limitations
requirements/ which would have to be imposed on subsequent development of th9
prope~ in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with t'l'2
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Poliey1.1S.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation Df enclaves/
pockets and other cDntiguous properties.
The City shall continue to promote the order/y annexation of lands
consistent with Chapter 171/ Rorida Statutes/ and the Palm Beach Countl'
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter/ocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citvs
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development DppDrtunities to
support a competitive and diversified econDmy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b, Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts/ or would constitute a grant of special privilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under the
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
Tne refueiing facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water D3nand
Land Use Generation Rate Units Total GDP
Existing/Proposed Offi~Crematcrim 25 GPD per empl~e: 16 400
O1urch 5 GPD per seat 120 600
1,000
~
File Numbe"': ~UAR 09-002-ANE> 09-00'
Sam's Club!NorthS~ar
The future addition of a crematorium will have a marginal impact, accounted for in the aiJDV:'
table. The generation rates for office and church uses are applieo in demand caiculations
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,62.2.,2.89
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existingl Proposed OfficelCrematorim 25 GPD per employee 16 400
Church 5 GPD per seat 120 600 I
i
1,000 I
Sanitary Sewer Facilities
Sewer Treatment Capacity 2.4 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72 I
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
DrainaQe
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and (-3 zoning for NorthStar. The NorthStar cemetery, which is 2
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility 0'
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f").
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is alreadya//owed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depict..s the existing ene-story, 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
caliNash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-0(>
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the ::i:~:;'
and north of the existing Sam's structure. With the inclusion of the gas and carwash faciiit\-~,~,
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access T
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just ",cst
of Seacrest Boulevard, and three (3) existing drives off of Sea crest Boulevard, at the north~!,'
edge, center and southern edge of the site. The site has traffic circulation completely arour.-
the site and existing and proposed structures, for ease of service delivery and emergenr';
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270f
provided, and rear - 40' required/55' provided. As for setback requirements applicable to
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stationsr which would be met with the plan submitted; front - 35' required/36' proposed, sio:::
20' requiredj555' & 130' proposed, and rear - 20' requiredj220' provided. Buffers are to
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small stric,
falls short of the PCD requirement, staff will require a denser planting scheme tOY:
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands ana
associated canopies be located a minimum of 200 feet from any public right-of-way. As '::nl~,
requirement would place the fueling operations directly in front of the front door to the existin~]
Sam's Club building and would displace the established and most convenient customer parking
staff suggests that a code amendment be undertaken to accommodate those propert:ies
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of rL, LLC request for C- 3 zoning, a master pian I:.
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is.
ready to bring forvvard such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDA nONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Plannrng\SHAREDIWP\PROJECTS\Sams Ciub PB Memorial\LUAR D9-D02\STAFF REPOR, Sam'sCiub-PBMemonaLdoc
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A"
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XII. - LEGAL
DEVELOPMENT
ITEM A.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Requested City Date Final Form Must be
Commission Meeting Turned in to City Clerk's Commission Meeting Dates Turned in to City Clerk's
Dates Office Office
0 Aoril 21, 2009 April 6, 2009 (Noon) 0 June 16, 2009 June I, 2009 (Noon)
0 Mav 5, 2009 April 20, 2009 (Noon) 0 July 7, 2009 June 15,2009 (Noon)
0 Mav 19, 2009 May4,2009(Noon) ~ July 21, 2009 July 6, 2009 (Noon)
0 June 2, 2009 May 18, 2009 (Noon) 0 August 4, 2009 July 20, 2009 (Noon)
I..
NATURE OF
AGENDA ITEM
o Announcements/Presentations
o Administrative
o
o
o Public Hearin
o
o
~ Le al
o Unfinished Business
o
V
3:
'I?
q;'
.. rr"&,
::z::
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda under Legal,
Ordinances - Second Reading. The City Commission tabled this request a third time at the request of the applicant, but this
time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event that it
involved litigation. The planned meeting of Walmart officials took place on July 8th. For further details pertaining to this
request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
Sam's Club (LUAR 09-002)
Bonnie Miskel and Scott Backman
Wahnart Stores #8140 / Northstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
d'-L ~ L/~~___
City Manager's Signature
Develo '
Assistant to City Manager
~
~
Planning and ng Director City Attorney / Finance
S:\Planning\SHARED\ WP\PROJ CTS\Sams Club PB Memorial\LUAR 09-002\Agenda Item Request Sam's Club Rezone LUAR 09-001 7 -21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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III
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141
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2811
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II
ORDINANCE NO. 09-{{ !
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF WALMART STORES #8140.
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED AT 7233 SEA CREST
BOULEVARD, AS MORE FULLY DESCRIBED
HEREIN, FROM COMMERCIAL GENERAL (CG)
~ALM BEACH COUNT~ TO PLANNED
COMMERCIAL DEVELOPMENT (PCD);
PROVIDING FOR CONFLICTS, SEVERABILITY.
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach. Florida has
adopted Ordinance No. 02-013. in which a Revised Zoning Map was adopted for said City.
and
WHEREAS, Walmart Stores #8140. owner of the property located at 7233 Seacrest
Boulevard, in Boynton Beach, Florida. as more particularly described herein, has filed a
Petition, through its agents, Bonnie Miskel and Scott Backman, pursuant to Section l) oj
Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach. Florida. for the
purpose of rezoning a parcel of land, said land being more particularly described hereinafter.
from Commercial General (CG) (Palm Beach County) to Planned Commercial Development
(PCD); and
WHEREAS, the City Commission conducted a public hearing and heard testimony
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
an amendment to the Land Use which was contemporaneously considered and approved at
the public hearing heretofore referenced; and
s leA \Ordinanccs\Planning\Rczonin~Rewning -Sams Club d(ll"
./
1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7
Section 2.
The following described land located at 7233 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit "A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Commercial General (CG) (Palm Beach County) to
17 Planned Commercial Development (PCD). A location map is attached hereto as Exhibit "B"
18 and made a part of this Ordinance by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 2 repealed.
2 3 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of Jcu\WLI-, ,2009.
s :\CA \Ordinances\Planning.Rezonin~Rezoning -Sams CI ub. doc
1
SECOND. FINAL READING and PASSAGE thisd ~ day at J.u.o.e...
.:: 0 ()<)
2
3
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16
17 ATTEST:
18'
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24
CITY OF BOYNTON BEACH. Fl.ORIDA
Mayor - Jerry Taylor
~- --~.-----~....__...~..----~-_.~~-_._--
Vice Mayor - Jose Rodriguez
Commissioner -- Ronald Weiland
-..----.--... _.- .----_..__._--_.. --_._~~----_._-- ------ - ------
Commissioner Woodrow L. Hay
Commissioner - Marlene Ross
(Corporate Seal)
s \e A \OrdlOances\Planning\Rezolllng\Rezuning -Sams Club due
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NWI/4) OF SECTION 9,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS
BEING PARCEL NO. I OF HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND BEING FURTHER
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLINES OF HYPOLUXO ROAD (WIDTH VARIES) AND SEA CREST BOULEVARD (80
FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEV ARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9,
696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE
PREMISES HEREIN DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF
SEACREST BOULEVARD, 522.2 I FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935 FOUND (0.07 FEET NORTH AND O. I 9 FEET EAST) AT THE NORTHEASTERLY
CORNER OF LAND CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL
CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-43-45-09-00-000-3630) BY DEED DATED
DECEMBER 28, 2004 AND RECORDED IN O.R. BOOK 17943, PAGE 691 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE NORTH 88055'16" WEST ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 160.14 fEET TO A P.K. NAIL & WASHER
FOUND IN ASPHALT PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND
SO CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON
PIN CAPPED #3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTATE HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF
INTERSTA TE HIGHWAY NUMBER 95 (1-95),587.24 FEET;
( '7 J /
t:- X'fl / I:; i T f-J
THENCL NORTH OT:25' 24" EAST .I\LONG THE LN';TEI\!Y RICiHT-()F.\\'\ (f
INTERSTATE HIGHWAY NUMBER 95 (\-G5), ~.25 FEET TO\ :' X" IRO'" Pj~ ,\PPED :;3l)3'
FOUND AND DISTURBED AT THE SOUTHWESTERL 'y' CORNER OF L\ND CO'\\f'rTD Te;
KRISHNA REALTY, INC. (PARCEL CONTROL NUMBER 00-43-45-09-23-000-002~2) i3'{ DEED
DATED FEBRUARY 12,2000 AND RECORDED IN O.R. BOOK 11607. PAGE 3.i:2 OF TI IF Pi :BLlI.
RECORDS OF PALM BEACH COUNTY. Fl.ORIDA.
THENCE SOUTH 87030' 46" EAST ALONG THE SOLJTHERL Y LINE OF LAND SO
CONVEYED TO KRISHNA REALTY, INC 342.66 FEET TO A ',' IRON PIN FOUND (()06 FEET
NORTH AND 0.37 FEET WEST):
THENCE NORTH 02029' 14" EAST ALONG THE EASTERl.Y LINE OF LAND SO
CONVEYED TO KRISHNA REALTY. INC 152.37 FEET TO A POINT AT THE SOUTHWESTERl. Y
CORNER OF LAND CONVEYED TO TACO BELL OF AMERICA, INc. (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-(030) BY DEED DATED DECEMBER 28, 1999 AND RECORDED IN
OK BOOK 11529, PAGE 866 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCe SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO
CONVEYED TO TACO BELL OF AMERICA, INC 187.2 I FEET TO A '," IRON PIN FOUND (0.1::'
FEET SOUTH AND 0.33 FEET WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE m LAND SO
COt~VEYED 1'0 TACO BELL OF ATv1ERICA, 11'~C., 301.75 FEET TO A~ POiJ~T ()~~ 'ri-H"
SOUTHERL Y RIGHT-OF-WAY OF AFORESAID HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOlJTHERL Y RIGHT-OF-WA 1: OF
HYPOLUXO ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MOBIL OIL CORPORATION (PARCEL NO.6) (PARCEL CONTROL NUMBER 00-
43-45-09-00-000-3(70) BY DEED DATED APRIL 03, 1972 AND RECORDED IN O.R. BOOK J 997,
PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OJ- LAND SO
CONVEYED TO MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND CO.01 FEET SOUTH AND CUb FEET WEST) Ai
THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MICHEL P. BARBERIS (PARCEL
CONTROL NUMBER 00-43-45-09-23-000-(040) BY DEED DATED APRIL 20, 2004 AND
RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
THENCE SOUTH I 103 I '09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS. 60.75 FEET TO A POINT;
THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED
TO MICHEL P. BARBERIS, 142.00 FEET TO A POINT:
THENCE SOUTH 87030'46"' EAST THE SOUTHERL Y LINE OF LAND SO CONVEYED TU
MICHEL P. BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" t'SED FOR
RIGHT-OF-W A Y OF SEACREST BOULEV ARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029' 14" WEST ALONG THE RIGHT-OF-WA j' OF SEACREST
BOULEVARD, 40.00 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10
FEET NORTH, 0.22 FEET WEST) AND BEING THE NORTHEASTERLY CORNER OF LAND
CONVEYED TO WAL-MART STORES. INC. (PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-
09-23-000-0(50) BY DEED DATED JANUARY 24, 1989 AND RECORDED IN OK BOOK 5945.
PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 166.00 FEET TO A P.K. NAIL SET IN
ASPHAL T PAVEMENT;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INe. (PARCEL 5), 260.00 FEET TO A 5/8"X30" IRON PIN
CAPPED (RIVERSTONE CO DUDLEY LS6527) SET;
THENCE SOUTH 87030'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED
TO WAL-MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE
POINT (5/8" IRON PIN CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT
166.00 FEET, A DISTANCE OF 178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND
CONTAINING 14.7961 ACRES OF LAND AS SURVEYED AND DESCRIBED BY EDWARD B.
DUDLEY, L.S. NO. 6527 OF THE RIVERSTONE COMPANY IN OCTOBER OF 2008, BE THE SAME
MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND
RESTRICTIONS.
AI15/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02029'14" WEST AS RECORDED IN
HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64,
PAGE 177-178 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
SAM'S CLUB FUELING STATION SERVICE PUMPS PARCEL
(aka PARCEL 5)
LEGAL DESCRIPTION OF AREA OF INTEREST
A parcel of land lying in the Northwest Quarter (NW ]~) of Section 9. Tovv'nship 45 South.
Range 43 East, Palm Beach County, Florida, and known as being Parcel No.5 of I I)-Crest
Center, as recorded in Plat Book 64, Page 177-178 of the Public Records of Palm Beach County.
Florid, and being further bounded and described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast corner of said
Northwest Quarter of said Section 9:
Thence South 020 29' 14" West. along the centerline of Seacrest Boulevard and the east line llf
the Northwest Quarter of Section 9. a distance of 696.58 feet to a point:
Thence North 870 30' 46" West, a distance of 52 00 feet to a permanent reference point (5/g'
iron pin capped #3935) found on the westerly line of Tract "A" used for right-of-\vay of Seacrest
Boulevard and being the Principal PLACE OF BEGINNING of the premises herein described:
Thence continue North 870 30' 46" West. along a Northerly line of land conveyed to Wal-Mart
Stores, Inc. (Parcel No.1) (Parcel Control Number 00-43-45-09-000-0010) by deed dated
January 24, 1989 and recorded in O.R.B. 5945. Page 1460 of the Public Records of Palm Beach
County, Florida, a distance of 166.00 feet to a 5/8" x 30" iron pin capped (Riverstone Co
Dudley LS652T) set:
Thence North 020 29' 14" East, along a easterly line of land so conveyed to \Val-Mali Stores.
Inc. (Parcel No.1) a distance 01'260.00 feet to a P.K. nail set:
Thence South 8JO 30' 46" East along a Southerly line of land so conveyed to \Val-Mali Stores.
Inc. (Parcel No. I). a distance of 166.00 feet to a P.K. nail and washer found in asphalt pavement
and being the Westerly right-of-way line of Seacrest Boulevard:
Thence South 02029' 14" West along the Westerly right-of-way line of said Seacrest Boulevard,
a distance of 260.00 feet to the Principal PLACE OF BEGINNING. and containing 0.991 acres
of land as surveyed and described by Edward B. Dudley, L.S. No. 6527 of the Riverstonc
Company in October of 2008, be the same more or less. but subject to all leg al highways.
easements and restrictions.
Note: All 5/8" x 30" iron pins set and capped (Riverstone Co Dudley LS6527l.
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT~"
LOCATION MAP
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HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/institutional
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and rv1embers
Planning and Development Board
Hanna Matras /i
Senior Planner -... \' f /
~' \V
I\)
Michael W. Rumpf v~ I
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum S dwelling units per acre
(CHIS) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC), and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Appli ca nt/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Seacrest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum S dwelling units per acre (CHIS)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Ciub: Planned Commercial Development (PCD)
NorthStar: (-3 Community Commercial
No changes to current uses
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther north
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3).
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Cl-Commercial.
West:
Right-of-way of Interstate I-9S.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT 4NAL YSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.S. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
2
:=ile Number: LUAP 09-002-ANEX
Sam's Club/NorthStar
This proposed amendment is being reviewed for tiansrnittal 1:0 th:> ::::Ionoa :)eoartmen-
Community Affairs (DCA). After transmittal and DCA review.. the proDosed amendrn::nt wiii Cy
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensf\/:'
plan policies including but not limited tOr a prohibition against any increase Ir:
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's ris!
manager. The planning department shall also recommend limitations
requirements/ which would have to be imposed on subsequent development of the
property/ in order to comply with policies contained in the comprehensive olan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request IS consistent with the City's annexation progiam as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policy1.15.1
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves,
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171/ Rorida Statutes/ and the Palm Beach Countll
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by interlocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City. and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the Citv5
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profife, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattem/ or would create an isolated district unrelated to adjacent and nearby
districts/ or would constitute a grant of special privilege to an individual property
DVvner as contrasted with the protection of the public we/fare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long established under tho?
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Palm Beach County's land use and zoning designations. No changes in use are planned for
either property.
c. Whether changed or changing conditions make the proposed rezoning desirable.
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility systems, roadways, and
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an ancillary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would also have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use Generation Rate Units Tcr..al GDP
Existing! PrOJXISed Officei Crematcrim 125 GPD per em ployee 16 400
Olurch 15 GPD per seat 120 600
1,000
4
File Numb.::": '-'.JAP. 09-002-ANEX
Sam's Ciub/NortnStar
The future addition of a crematorium will have a marginal imDact, accounted for ir th.:: aDCh'
table. The generation rates for office and church uses are applied In demand calculations foc
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,62.2.2.89
Remaining capacity 3,377,711
SFWMO permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*lncludes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilit"les.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing/Proposed Officel Crematori m 25 GPO per employee 16 400
Church 5 GPO per seat 120 600 i
1,000 I
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGO
Committed or allocated capacity (MGO) 18.56
Available capacity (MGO) 2.72 !
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatibie
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would also have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Club to the north and residential uses to the south. Given the unfeasibility Of
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
redevelopment of a large existing cemetery, a proposed commercial zoning has a negligible
potential for negative impact on nearby residential properties in the future.
The proposed commercial land use and zoning designation for the NorthStar cemetery will
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rather
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows for the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow for the
citing of one of the two remaining billboards allowed under the agreement, with minimal
impacts on residential and other land uses.
The requested C-3 zoning for the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current C-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclaSSification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f').
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depict..s the existing one-story, 134,100 square foot Sam's Club buiiding situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
6
File Number: LUAR 09-002-ANEX 09-0(;
Sam's Club/NorthStar
The plan depicts parking on all sides of the property{ with the largest parking fields to the ::2,,,'
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility "le
site proposes 683 parking spaces, four (4) spaces in excess of the required 679, Access to t:"
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, jus;: '::est
of Sea crest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the norther-
edge, center and southern edge of the site. The site has traffic circulation completely arourlC
the site and existing and proposed structures, for ecse of service delivery and emergen;:.
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/55' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, sid::
20' required!555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to DE:
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 fom
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservatior
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small stns
falls short of the PCD requirement, staff will require a denser planting scheme to
accomplished when the formal site plan is brought forward in the future to approve the gas ana
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands anc
associated canopies be located a minimum of 200 feet from any public right-of-way. As thiS,
requirement would place the fueling operations directly in front of the front door to the exlstint;
Sam's Club building and would displace the established and most convenient customer parKing,
staff suggests that a code amendment be undertaken to accommodate those propen:i~s
requesting PCD zoning with existing improvements, which are annexed into the City. All oth:::r
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plar, ';:,
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant 5
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONSI RECOMMENDATIONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within existing
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:lPlanmng\SHARED\WP\PROJECfS\Sams C:lub PB Memonal\lUAR 09-002\5TAFF REPORT Sam'sClub-PBMemonal,aac
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBIT "A"
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FO~.
XII. - LEGAL
DEVELOPMENT
ITEM A.6
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri121, 2009
0 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16, 2009
0 Jul 7,2009
[gJ Jul 21,2009 Jul
0 Jul
v..I :;-);:;::-. :
0 Announcements/Presentations 0 City Manager's Report
OJ 0';::)
NATURE OF 0 Administrative 0 New Business :Jl:
Ci)'r'
AGENDA ITEM 0 [gJ W ""';BIJ
Consent Agenda Legal 71~"
,,~
0 Code Compliance & Legal Settlements 0 Unfinished Business ... (~~
0 Public Hearing 0 .-
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda under Legal,
Ordinances - Second Reading. The City Commission tabled this request a third time at the request of the applicant, but this
time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event that it
involved litigation. The planned meeting of Walmart officials took place on July 8th. For further details pertaining to this
request, see attached Department Memorandum No. 08-104.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
Northstar (LUAR 09-002)
Bonnie Miskel and Scott Backman
Walmart Stores #8140 / N orthstar Cemetery Services of Florida, LLC
West of North Seacrest Boulevard, South of Hypoluxo Road, 7233 Seacrest
Boulevard and 3691 Seacrest Boulevard
Request to rezone from Palm Beach County Commercial General (CG) and
Residential Multifamily (RM) to Planned Commercial Development (PCD) and
C-3, Community Commercial.
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Development De
J11
, . /'. .
,.t '^-<- . -iit.. [/ ,~~u-t:_
.... . City Manager's Signature
2/
Assistant to City Manager
~
Planning and Zo irector City Attorney / Finance
S:\Planning\SHARED\WP\PROJEO S\Sams Club PB Memonal\LUAR 09-002\Agenda Item Request Northstar Rezone LUAR 09-001 7-21-09.doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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1
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NORTHST AR CEMETERY
SERVICES OF FLORIDA, LLC., AMENDING
ORDINANCE 02-013 TO REZONE A PARCEL OF
LAND LOCA TED AT 3691 SEACREST
BOULEVARD, AS MORE FULLY DESCRIBED
HEREIN, FROM RESIDENTIAL MULTI-FAMILY
(RM) TO C-3 COMMUNITY COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY.
AND AN EFFECTIVE DATE.
ORDINANCE NO. 09- l L >
2
WHEREAS, the City Commission of the City of Boynton Beach. Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City:
and
WHEREAS, Northstar Cemetery Services of Florida. LLC.. owner of the property
located at 3691 Seacrest Boulevard. in Boynton Beach. Florida. as more particulariy
described herein, has filed a Petition. through its agents. Bonnie Miskel and Scott Backman.
pursuant to Section 9 of Appendix A-Zoning. of the Code of Ordinances. City of Bovnton
Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly
described hereinafter, from Residential Multi-family (RM) to C-3 Community Commercial:
and
WHEREAS, the City Commission conducted a public hearing and heard testimom
and received evidence which the Commission finds supports a rezoning for the property
hereinafter described; and
WHEREAS, the City Commission finds that the proposed rezoning is consistent with
an amendment to the Land Use which was contemporaneously considered and approved at
the public hearing heretofore referenced; and
I :-, \( A\OrJinal1cesIPlanning\Rezonlng\RcZtll1l11g -N,'rthslar J. 'c
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1 I WHEREAS, the City Commission deems it in the best interests of the inhabitants of
2 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
4 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
5
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
6 herein by this reference.
7
Section 2.
The following described land located at 3691 Seacrest Boulevard in
8 Boynton Beach, Florida, as set forth as follows:
9
10 See Legal Description attached as Exhibit" A"
11
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Residential Multi-family (RM) to C-3 Community
1 7 Commercial. A location map is attached hereto as Exhibit "B" and made a part of this
18 Ordinance by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 2 repealed.
23 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27 FIRST READING this ~ day of Jcu1L1f.J...ri ,2009.
S .leA IOrdinancesIPlanning.Rezoning.Rezon ing -Northstar doc
~ .
1 SECOND. FINAL READING and PASSAGE this ~ davof JU"oe..., . .:OOLJ
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1 7 ATTEST:
18
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
ClTY OF BOYNTON BEACH. FLORIDA
Mavor - JerrY Tavlor
..' 01..
Vice Mayor - Jose Rodriguez
Commissioner - Ronald Weiland
Commissioner - Woodrow L. Hay
Commissioner - Marlene Ross
S:..cA \Ordmances\Plannin~Rezonin~Rezonmg -Nllrthslar doc
i I
II
KEA TLEY INVESTMENTS, Inc. CEMETERY PARCEL
LEGAL DESCRIPTION OF PALM BEACH MEMORIAL PARK
Situated in the County of Palm Beach, State of Florida, and knows as being a part of the re-plat
of part of Lincoln memorial Gardens, as recorded in Plat Book 25, Page 225, and further
described as follows:
COMMENCING at a brass disk found at the intersection of the centerlines of Hypoluxo Road
(width varies) and Seacrest Boulevard (80 feet wide) and being the Northeast comer of
Northwest Quarter (NW 1/4) of Section 9, Township 45 South, Range 43 East, Palm Beach
County, Florida;
Thence South 020 29' 14" West, along the centerline of Seacrest Boulevard and the east line of
said Northwest Quarter of Section 9, a distance of 1,218.79 feet to a point;
Thence North 87030' 46" West, a distance of 40.00 feet to a point on the West right-of-way line
of said Seacrest Boulevard, and being 20.30 feet South of the North line of the re-plat of Lincoln
Memorial Gardens, and the POINT OF BEGINNING;
Thence South 020 29' 14" West along the West right-of-way line of said Seacrest Boulevard, a
distance of 1,391.26 feet to a point; thence North 870 30' 46" West, a distance of 92.00 feet to a
point; thence South 020 29' 14" West, a distance of 93.00 feet to a point; thence North 870 30'
46" West, a distance of 81.83 feet to a point; thence North 010 01' 59" East, a distance of 156.13
feet to a point; thence North 870 30' 46" West, a distance of 33.81 feet to a point; thence North
01001' 59" East, a distance of2.74 feet to a point; thence North 870 30' 46" West, a distance of
326.39 feet to a point; thence South 01001' 59" West, a distance of 12.00 feet to a point; thence
North 870 30' 46" West, a distance of 148.72 feet to a point; thence South 010 01' 59" West, a
distance of 19.03 feet to a point; thence North 870 30' 46" West a distance of 176.44 feet to a
point on the East right-of-way line State Route 9 (Interstate 95), a variable width public right-of-
way; thence North 010 01' 59" East, along the East right-of-way line of said State Route 9, a
distance of 1,174.86 feet to a concrete disk found; thence South 880 55' 16" East, a distance of
344.35 feet to a point; thence North 03027' 44" East, a distance of 160.14 feet to a point; thence
South 880 55' 16" East, a distance of 545.43 feet to the POINT OF BEGINNING.
Said parcel contains 25.89 acres ofland, more or less.
"Vii.' / '.')l)./!
j;_/\/y/L<;, / I
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIBi
LOCATION MAP
HDR - High Density Residential
MeDR- Medium Density Residential
PPGI - Public & Private Governmental/Institutional
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TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08 - 104
Chair and Members
Planning and Development Board
Hanna Matras /J
Senior Planner ("\ I\l/
Michael W. Rumpf WI
Director of Planning and Zoning
December 1, 2008
Sam's Club/NorthStar/ ANNEX 09-001-LUAR 09-002
To annex the two properties, and to amend the Future Land Use
designation on 41.69 acres from Palm Beach County's
Commercial High with a maximum 5 dwelling units per acre
(CH/S) and Institutional and Public Facilities (INST) to Local
Retail Commercial (LRC) , and rezone from Palm Beach County's
Commercial General (CG) and Residential Multifamily (RM) to
Planned Commercial Development (PCD) and C-3 Community
Commercial.
Property Owners:
Applicant/ Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
PROJECT DESCRIPTION
Walmart Stores #8140 and NorthStar Cemetery Services of FL,
LLC
Bonnie Miskel and Scott Backman
7233 Seacrest Boulevard/3691 Seacrest Boulevard (Exhibit "A")
15.80/25.89 acres, a total of 41.69 acres
Sam's Club: Palm Beach County's Commercial High with a
maximum 5 dwelling units per acre (CH/S)
NorthStar: Institutional and Public Facilities (INST)
Sam's Club: Palm Beach County's Commercial General (CG)
NorthStar: Residential Multifamily (RM)
Local Retail Commercial (both properties)
Sam's Ciub: Planned Commercial Development (PCD)
NorthStar: C-3 Community Commercial
No changes to current uses
rile Number: !...UAR 09-002-ANEX 09-001
Sam's Club/NorthStar
Adjacent Uses:
North:
South:
Developed commercial properties in unincorporated Palm
Beach County, designated CHIS and zoned CG. Farther no'Ll'
right-of-way of Hypoluxo Road.
Undeveloped parcel designated High Density Residential
(HDR) and zoned Multi-Family Residential (R-3), then
townhomes (Pine Point Villas Condo) classified High Density
Residential (HDR) and zoned Multi-family Residential (R-3),
East:
Right-of-way of Seacrest Boulevard, farther east single-family
homes (San Castle subdivision) in unincorporated Palm Beach
County, designated Medium Density Residential (MR-S) and
zoned Residential Multifamily (RM); to the northeast,
developed and vacant commercial properties in Lantana,
designated and zoned Cl-Commercia!.
West:
Right-of-way of Interstate 1-95.
EXECUTIVE SUMMARY
Staff recommends approval of the requested annexation, land use amendment and rezoning for
the following reasons:
1. The request is consistent with the annexation and other relevant objectives and policies
of the City's Comprehensive Plan.
2. The proposed amendment will benefit the City by contributing to the diversification of its
economy and its tax base.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities, or generate any negative impacts
upon adjacent or nearby properties.
PROJECT ~NAL YSIS
The two properties which are the subject of this land use amendment total 41.69 acres;
therefore, the proposed land use change qualifies as a large-scale amendment pursuant to
Chapter 163 F.5. Following local board review and City Commission public hearing, a "large-
scale" amendment is transmitted to the Florida Department of Community Affairs for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (ORe) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the ORC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
This proposed amendment is being reviewed for transmittal to the Florida Department of
Community Affairs (DCA). After transmittal and DCA review, the proposed amendment will be
scheduled for adoption, tentatively in May 2009.
a. Whether the proposed rezoning would be consistent with applicable comprehensive
plan policies including but not limited to, a prohibition against any increase in
dwelling unit density exceeding 50 in the hurricane evacuation zone without written
approval of the Palm Beach County Emergency Planning Division and the City's risk
manager. The planning department shall also recommend limitations or
requirements, which would have to be imposed on subsequent development of the
property, in order to comply with policies contained in the comprehensive plan.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The request is consistent with the City's annexation program as
described in the following objective and policies in the Comprehensive Plan:
Objective 1.15
Policyl.1S.l
Policy 1.15.2
Policy 1.15.3
The City will continue to expand through annexation of enclaves/
pockets and other contiguous properties.
The City shall continue to promote the orderly annexation of lands
consistent with Chapter 171, Rorida Statutes, and the Palm Beach County
Annexation Policy.
The City shall utilize four methods of annexation:
1. Voluntary annexation;
2. Annexation by inter/ocal agreement with Palm Beach County;
3. Compliance with pre-annexation water service agreements from the
City; and
4. Referendum.
The City shall require every property being annexed into the City to
concurrently apply for land use amendment and rezoning to the City's
adopted land use classification and zoning district. "
The request is also consistent with Objective 1.17:
Objective 1.17
The City shall pursue economic development opportunities to
support a competitive and diversified economy.
Sam's Club will contribute to the diversification of the City's economy and the City's fiscal
profile, now overly dependent on the residential sector for its tax revenues.
b. Whether the proposed rezoning would be contrary to the established land use
pattern or would create an isolated district unrelated to adjacent and nearby
districts, or would constitute a grant of special priVilege to an individual property
owner as contrasted with the protection of the public welfare.
The proposed rezoning is requested for developed properties and in conjunction with the
application for annexation. The uses of both properties have been long es-wbHshed under the
3
File Number: LUAP 09-002-ANEX OS-DO
Sam's ClubjNorthStar
Palm Beach County's land use and zoning aesignations. No:hanges In use are pianned
either property,
c. Whether changed or changing conditions make the proposed rezoning des/rabie,
The proposed amendment is requested in conjunction with an application for annexation. The
existing Palm Beach County land use designation and zoning must be changed to the city land
use designation and zoning district.
d. Whether the proposed use would be compatible with utility svstems, roadwaysr ana
other public facilities.
As stated, the proposed land use amendment does not entail changes to current use of the
subject properties. The addition of an accessory fuelling facility is currently planned for the
Sam's Club (see the Master Plan review in the last section of this report); a carwash may be
added later. The NorthStar Cemetery Services is planning to add a crematorium sometime in the
future. Both planned additions represent minimal impact upon municipal services as described
below.
Traffic
The refueling facility will be an anciliary use for the Sam's Club and thus there will be a large
proportion of shared trips between the two. The facility will be available exclusively to the Club's
members and will require a membership card for pump activation. The trip characteristics'
analysis done for similar projects indicate the internal trip capture of over 50%.
Likewise, the future addition of the crematorium to the NorthStar's cemetery will not have a
significant impact on the surrounding roadways.
At the time of the site plan application for the respective additions, the concurrency traffic
impact analysis or statement will be provided and will be reviewed by the County for
consistency with the Pal Beach County Traffic Performance Standards ordinance.
Potable Water and Sewer
The City provides both water and sewer services to the Sam's Club property. The addition of a
fuelling station will not have a significant effect on the site's overall water demand and, since
Sam's Club carwash facilities utilize recycled water, a carwash facility would aiso have a
negligible impact.
Upon annexation, the City will provide water to the NorthStar cemetery, but due to the need for,
and the cost of, the extensive on-site improvements, NorthStar's connection to the City's sewer
system will be postponed. Moreover, the facility will continue to use well water for irrigation
purposes.
Water Demand
Land Use
Existing{ Proposed Offic~o-emata-im
l_.____JOlurch
------..---]G;;;;tion Rate 'Un~---lT ot.;J-GoP
,25 GPD per employ 16 400
5 GPD per seat 1120 1600
--.------------ _m___.....__ ---~-.-.-- J - - - -r--..----
11,000
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/North Star
The future addition of a crematorium will have a marginal impact, accounted for in the above
table. The generation rates for office and church uses are applied in demand calculations for the
existing funeral home and chapel buildings.
Potable Water Facilities
Water Plant Capacity* (peak day) 27,000,000
Committed capacity (actual flow + reserved capacity, peak day 23,622,289
Remaining capacity 3,377,711
SFWMD permitted withdrawals (average day) 21,490,000
Contracted amount to purchase from County 5,000,000
Expiration date of water use permit August 14, 2010
*Includes 5,000,000 contracted to purchase for Palm Beach County
As shown, the projected increase in water demand is insignificant as compared to the remaining
capacity. Likewise, the additional sewer capacity that would be required for the NorthStar
cemetery in the future is minimal and can easily be accommodated by the City's facilities.
Sewer Demand
Land Use Generation Rate Units Total GDP
Existing! Proposed Office! Crematori m 25 GPD per employee 16 400
Church 5 GPD per seat 120 600
1,000
Sanitary Sewer Facilities
Sewer Treatment Capacity 24 MGD
Committed or allocated capacity (MGD) 18.56
Available capacity (MGD) 2.72
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties/ or would affect the property values of
adjacent or nearby properties.
The use of the subject properties will not change; the proposed rezoning will be compatible
with adjacent and nearby properties. The proposed land use and zoning for the Sam's Club
property is similar to the current County land use and zoning designations. The Local Retail
Commercial land use classification is proposed for both the Sam's Club and the NorthStar
property. Both properties would aiso have commercial zoning designations, with a PCD zoning
requested for Sam's Club and C-3 zoning for NorthStar. The NorthStar cemetery, which is a
commercial enterprise, constitutes an appropriate transitional use between the high intensity
commercial Sam's Dub to the north and residential uses to the south. Given the unfeasibility of
5
rile Number: LUAP. 09-002-ANC:X 09-00)
Sam's Club/NorthS~ar
redevelopment of a large eXisting cemetery, a proposed commercial zoning r,as a negiigi:F
potential for negative impact on nearby residential properties in the ruture
The proposed commercial land use and zoning designation ror the NorthStar cemetery Wii
accommodate the plan to subsequently add a crematorium. It also reflects a commercial, rathe,
than a public use of the property. It should also be noted that the commercial zoning would
accommodate the placement of a billboard on the cemetery property, pursuant to Florida
Statutes and the 2001 settlement agreement between the City and two advertising
corporations. The settlement allows ror the placement of a set number of billboards at various
locations along the 1-95 right-of-way, subject to, in part, a residential separation standard and
all applicable siting standards of Florida Statutes. The subject property would allow ror th.:::
citing of one of the two remaining billboards allowed under the agreement, with minimai
impacts on residential and other land uses.
The requested C-3 zoning ror the NorthStar property will require a code amendment, which
staff will propose and initiate to be timed with ultimate adoption of the subject request. The
code amendment is necessary as the current (-3 regulations only allow a funeral home as a
permitted use and funeral home with a crematorium as a conditional use. The amendment
would establish a cemetery in conjunction with a funeral home as a permitted use in the (-3
zoning district.
f. Whether the property is physically and economically developable under the existing
zoning.
The proposed reclassification/rezoning involves developed properties and is a necessary action
in conjunction with an annexation.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The requested land use amendment and rezoning is reasonably related to the needs of the
neighborhood and the city as a whole (see above sections "e" and "f'').
h. Whether there are adequate sites elsewhere in the city for the proposed use/ in
districts where such use is already allowed.
The proposed amendment is requested for the already developed properties and in conjunction
with an application for annexation. No use changes are planned for either property.
MASTER PLAN ANALYSIS FOR SAM'S CLUB
When requesting to rezone property to a planned district, such as Planned Commercial
Development (PCD), the applicant is required to submit a Master Plan depicting the location of
site improvements, proposed traffic patterns and site data. Since the existing Sam's Club is
requesting PCD zoning, the applicant has submitted the requisite master plan. The master plan
depict..s the existing one-story', 134,100 square foot Sam's Club building situated in the
southwest corner of the property, as well as a proposed Sam's membership gas station and
carwash facility in the northeast corner of the property.
File Number: LUAR 09-002-ANEX 09-001
Sam's Club/NorthStar
The plan depicts parking on all sides of the property, with the largest parking fields to the east
and north of the existing Sam's structure. With the inclusion of the gas and carwash facility, the
site proposes 683 parking spaces, four (4) spaces in excess of the required 679. Access to the
property would be through four (4) existing driveways, one (1) from Hypoluxo Road, just east
of Seacrest Boulevard, and three (3) existing drives off of Seacrest Boulevard, at the northern
edge, center and southern edge of the site. The site has traffic circulation completely around
the site and existing and proposed structures, for ease of service delivery and emergency
access.
Planned Commercial District regulations establish setbacks and buffers in excess of standard
commercial zoning districts. The existing 134,100 square foot building would exceed all of the
district setback requirements; front - 40' required/355' provided, side - 30' required/45' & 270'
provided, and rear - 40' required/65' provided. As for setback requirements applicable to the
proposed gas and carwash facility, the code sets forth special setback regulations for gas
stations, which would be met with the plan submitted; front - 35' required/36' proposed, side-
20' required/555' & 130' proposed, and rear - 20' required/220' provided. Buffers are to be
designed in accord with the peripheral greenbelt regulations, which require a minimum 10 foot
landscape greenbelt area around the entire site. As this is a developed site, approved under
Palm Beach County zoning regulations, the site, including numerous tree preservation
easements, complies with this requirement, except for an approximate 190 foot long segment
along the south side of the building abutting the cemetery property. Since only this small strip
falls short of the PCD requirement, staff will require a denser planting scheme to be
accomplished when the formal site plan is brought forward in the future to approve the gas and
carwash facility addition. A final code provision of note within the special gas station regulations
associated with Planned Commercial Development districts requires gas pump islands and
associated canopies be located a minimum of 200 feet from any public right-of-way. As this
requirement would place the fueling operations directly in front of the front door to the existing
Sam's Club building and would displace the established and most convenient customer parking,
staff suggests that a code amendment be undertaken to accommodate those properties
requesting PCD zoning with existing improvements, which are annexed into the City. All other
aspects of development review will be accomplished during the site plan review process
associated with the previously mentioned future improvements.
Relative to the NorthStar Cemetery Services of FL, LLC request for C-3 zoning, a master plan is
not required as part of the rezoning. The applicant has suggested the possibility of modifying
the site at some point in the future to accommodate a crematorium. When the applicant is
ready to bring forward such a proposal, staff will initiate the necessary site plan review process.
CONCLUSIONS! RECOMMENDA nONS
The request is consistent with the objectives of the City's annexation program and relevant
policies in the Comprehensive Plan. Furthermore, it will benefit the City's economy without
creating additional impacts on infrastructure that cannot be accommodated within eXisting
capacities, and without generating any negative impacts upon adjacent or nearby properties.
Therefore, staff recommends that the subject request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorlal\WAR D9-D02\STAFF REPOIIT Sam'sOub-PBMemonaLdoc
7
SAM'S CLUB AND NORTHSTAR PROPERTIES EXHIB
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.7
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o Consent A enda
o
o Public Hearin
o
o
o Le al
o Unfinished Business
o
Jul
0 A ri121, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16,2009
0 7,2009
0 21,2009
0
Jul
RECOMMENDATION: Please place this tabled item on the July 21,2009 City Commission agenda under Legal,
Ordinances - Second Reading. This third tabling was in connection with the further tabling of the other items in this large-
scale amendment cycle (e.g. Sam's Club and Northstar). This additional request from the applicant is intended to postpone
action until after Walmart officials revisited their corporate position on the annexation in the event that it involved litigation.
The planned meeting ofWalmart officials took place on July 8th. Please note that the size of the subject property has been
reduced from i18.44 acres to i13.66 acres. The extracted portion is currently the subject of a site plan application for a
charter school, which is an allowed use under the current future land use classification of Medium Density Residential
(MeDR). An additional iO.56 acres was conveyed to the Palm Beach County for the right-of-way for High Ridge Road. For
further details pertaining to this request, see attached Department Memorandum No. 08-093.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to amend the Comprehensive Plan Future Land Use Map classification
on i13.66 acres ofland from Medium Density Residential to Industrial.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
Development Departmen
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City Manager's Signature
-
Planning and g Director City Attorney / Finance
S:\Planning\SHARED\ WP\PROJ tTS\High Ridge- New Urban Communities\LUAR 09-00] \Agenda Item Request High Ridge LUAR 09-00] amend 7 -2]-
09.doc
Assistant to City Manager
ChY6
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
ORDINANCE NO. 09-.~
"
L.
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, AMENDING ORDINANCE 89-38
5 BY AMENDING THE Fl1TURE LAND liSE ELEMENT
6 OF THE COMPREHENSIVE PLAN FOR A PARCEL
7 OWNED BY NEW URBAN HIGH RIDGE, LLC., AND
8 LOCATED ON THE NORTHWEST CORNER OF HIGH
9 RIDGE ROAD AND MINER ROAD; CHANGING THE
10 LAND USE DESIGNATION FROM MEDIUM DENSIT\
11 RESIDENTIAL (ME DR, 9.68 DlJ/AC) TO INDUSTRIAL;
12 PROVIDING FOR CONFLICTS, SEVERABILITY, AND
13 AN EFFECTIVE DATE.
14
15 WHEREAS, the City Commission ofthe City of Boynton Beach. Florida has adopted
16 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element
17 pursuant to Ordinance No. 89-38 and in accordance \vith the l.ucal Government
18 Comprehensive Planning Act: and
19 WHEREAS, the procedure for amendment of a Future Land Lse Element l)! a
20 Comprehensive Plan as set forth in Chapter 163. Florida Statutes. has been followed: and
21 WHEREAS, after two (2) public hearings the City Commission acting in its dual
22 capacity as Local Planning Agency and City Cummission tinds that the amendment
23 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems It in
24 the best interest of the inhabitants of said City to amend the aforesaid Element 01 the
25 Comprehensive Plan as provided.
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH, FLORIDA, THAT:
28 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated
29 herein by this reference.
S IC.'\!()rdlnanet:sIPlannmglLand Use'"New Urban Il1gh kldgcI2nd rcad'j due
II
1
Section 2:
Ordinance No. 89-38 of the City is hereby amended to reflect the
2 following:
3 That the Future Land Use of the following described land located on the Northwest
4 corner of High Ridge Road and Miner Road changing the land use designation from Medium
5 Density Residential (MeDR, 9.68 dulac) to Industrial:
6
7 See legal description attached hereto as Exhibit "A"
8
9 CONTAINING APPROX.13.66 ACRES OF LAND.
10
11 Subject to easements, restrictions, reservations, covenants and rights-
12 of-way of record.
13
14
15 Section 3: That any maps adopted in accordance with the Future Land Use Element of the
16 Future Land Use Plan shall be amended accordingly.
1 7 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.
18 Section 5: Should any section or provision of this Ordinance or any portion thereof be
19 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
20 remainder of this Ordinance.
21 Section 6: The effective date of this plan amendment shall be the date a final order is
22 issued by the Department of Community Affairs finding the amendment to be in compliance in
23 accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration
24 Commission finding the amendment to be in compliance in accordance with Section 163.3184,
25 F.S.
26
FIRST READING this _ day of
,2009.
S'\CA\Ordinances\PlanninglLand Use\New Urban High Ridge(2nd read).doc
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SECOND. FINAL REi\DINCj and PASSAG1~ this ...~W2 day 01 \.J~t'L~.:..
O\il)
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CITY (n BOYNTON SEAL H. FLORID.\
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171
18 A TrEST:
19
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21 Janet M. Prainito, CMC
22 City Clerk
23
24
25 (Corporate Seal)
26
Mayor Jerry Taylor
Vice Mavor -, Woodrow L Hav
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner .- Marlene Ross
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S,CA\Urdlllances\Planning\Land llse\Nn\ LJrbanlJlgh Rldge(2nd read! duc
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest comer of said "High Ridge PUD Record Plat;
Thence North 880 35' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 010 50' 29" West, along the East line of said Plat, a distance of 400.00 feet;
Thence North 88009' 31" West, a distance of 475.09 feet;
Thence North 010 09' 29" East, along the West line of said Plat, a distance of242.76 feet;
Thence North 05002' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Applicant/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
Chair and Members
Planning and Development Board
Hanna Matras
.~
Senior Planner I
Michael W. Rumpf., J (../
Director of Planning and Zoning
November 10, 2008
New Urban High Ridge/LUAR 09-001
Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industrial (with a maximum FAR of
0.50) and rezone from Planned Unit Development (PUD) to M-l
Industrial District.
PROJECT DESCRIPTION
New Urban High Ridge LLC
New Urban High Ridge/Timothy L. Hernandez
Northwest corner of High Ridge Road and Miner Road (Exhibit
"A')
i:18.44 acres
Medium Density Residential (MeDR, 9.68 du/ac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50)
M-1 Industrial District
Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 du/acre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-l Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IND) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 dufacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID) .
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
RiM Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Comprehensive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-l Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
2
File Number: LUAR 09-001
New Urban High Ridge
concurrently approved master plan and the site plan approved in September 2005, the project
included 174 for-sale residential units - 48 single family homes and 126 townhomes. In
December 2006, the property owner, New Urban High Ridge LLC, obtained a site plan time
extension of 1 year for the project. At that time, the delay in securing permits was caused bv
utility problems and prolonged negotiations with the Palm Beach County regarding the
landscaping within the right-of-way of High Ridge Road - issues unrelated to the state of the
residential market, which, however, softened considerably. The recent analysis of the City's
residential sales indicate that the townhome market reached its peak in 2005, while the single
family home prices peaked in 2006. By the end of 2007, as the market continued to worsen, the
developer requested a major site plan modification. The modification, approved in December
2007, eliminated the townhomes and proposed 110 single-family homes, reducing the total
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peaks by over 40% for
single-family homes and 27% for townhomes. The number of foreclosures has been rising;
moreover, the tightening of the credit markets escalated in the third quarter of 2008,
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement during at
least the next twelve months, the project as approved is not financially feasible.
GENERAL POLICY CONSIDERATIONS
The residential market boom left the City with a scarcity of industrially-zoned land. The
rezonings from industrial and commercial districts for residential uses started in the year 2000
with an approval of a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industrial designation, not including Quantum, which retained its
Planned Industrial Development zoning designation even though a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in
the report produced by the IPARC-hired consultants in 2007. In addition, the consultants
created a second report, which include a zoning toolkit for modern light industrial districts.
Michele Mellgren and Associates, Inc., provided a review of the City's M-1 zoning district in
2006. Likewise, the study noted the potential negative effects of the continuous overall decline
in the amount of industrial land in Boynton Beach and found the current M-1 regulations
unaccommodating to the changing market trends. The report stated: "Industrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services and
employment resources". The general recommendation was that the City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (aRC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the aRC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided. " (1.4.2)
" The City shall continue to attract a mix of high value industriafr commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the City's
neighborhoods and community character." (1.17.1)
Given the acute shortage of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
City's services. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
4
File Number: LUAR 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Corridor
Study, published by Palm Beach County in 1997. The study has not been adopted but it is
intended for local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road (the subject property is located in the
southernmost vicinity of the study, Area 3, and is referred to as Tract B).
In terms of compatibility, the original master plan for a medium density residential development
would have constituted a better transition between residential uses to the west, north and
northeast and the industrial uses south and south east of the property. There are clearly
compatibility issues when industrial uses abut residential neighborhoods. Most M-l districts in
the city are adjacent to and, to some degree, impact residential areas. However, as
underscored in the aforementioned M-1 study, light industrial and residential uses can coexist
with proper regulations in place. The intended code amendments will implement the study
recommendations by addressing such issues as incompatibility with adequate separation,
screening and buffering, and traffic impacts. For the proposed project, adequate screening and
buffering would be sought in the ultimate site plan to minimize the project's impact on adjacent
residential neighborhoods to the west, north and north-east of subject property. Mitigation of
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potentially
incompatible uses and zoning districts. The minimum required landscape buffer between
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 112 feet for a
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as to
disguise their typical warehouse appearance" and overhead doors cannot be located on a
building fac;ade. Staff opines that these requirements would significantly diminish the project's
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning districts are being
revised as part of the rewrite of the Land Development Regulations and will be considerably
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier", the
latter designed to give staff the strongest and most flexible tool to address negative visual
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet in
height comprised of a variety of densely planted trees, hedges and shrubs, in combination with
an optional buffer wall and/or berm". Given the time frame for the processing of the proposed
amendment, it is likely the new Land Development Regulations will be used to review the site
plan for the project.
b. Whether the proposed rezoning would be contrary to the established land use pattern, or
would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The properties
to the south and south-east of the subject property have been developed for industrial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "C".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%.
6
File Number: LUAR 09-001
New Urban High Ridge
There has been a recent reduction in traffic volume growth rates for most of the roadways
potentially impacted by the proposed amendment. Between 2005 and 2008, the volume on thp
High Ridge Road between Hypoluxo Road and Miner Road declined by 9%,
Finally, the trip generation associated with the new amendment may also be lower if some
employees use public transit. The Tri-Rail station is located approximately 112 mile from the
subject site; a bus stop is located nearby on High Ridge Road.
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum density
and intensity of the existing and proposed land use.
Water Demand
Land Use iGeneration Rate Total GPO !
Current: MDR (9.68 dw/acre=178 d.u. 452 G'D per d.u 80,456
------- ,', -- -- - ~--,.- --
Proposed: IndLEtrial - 401,623 sf 178 per 1000 sf 71,489
I Change -8,967
Potable Water Facilities
Water Plant Capacity* (peak day) i 27,000,000
Committe:l capacity (actual flow + reserved capacity, peak day)! 23,622,289
Remaining capacity I 3,377,711
I
SF'MVID permitte:l with:lrawals (average day) I 21,490,000
Contracte:l amourt to p.1rchase from County ,
I 5,000,000
Expiration date of water use permit i August 14, 2010
*Includes 5,000,000 contracte:l to purchase for Palm Bea:h County
Sewer Demand
Current:
~----
Pro osed:
Land Use
_MD3- (9..68 ~wl~c~e=178 d.u.
IndLEtriaI - 401,623 sf
'Generation Rate
226 G'D per d.u
159 1000 sf
Change
Total GPO
40,22B
63,858
23,630
Sanita Sewer Facilities
Sewer Treatment Capacity
Committe:l or allocate:l capacity (M3D)
Available ca a:i MCD
24 M::;D
18.56
2.72
Water demand for industrial uses can differ considerably among various uses. The gallons-per-
day per 1,000 square feet rates for water and sewer as utilized in the tables above assume
average demand for a flex space-type industrial project. As shown, under the maximum intensity
assumption, the proposed amendment would result in a lower increase in daily water demand,
but increase in sewer demand would be higher. If, as discussed in the Traffic section above, the
square footage is adjusted to a lower and more probable F.A.R., the projected sewer demand
would approximate the demand under the current land use, with an even greater decrease n
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scenario, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the 10-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflicts would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c"), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to Iive, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space projects in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is a/readya//owed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
8
File Number: LUAR 09-001
New Urban High Ridge
CONCLUSIONS/RECOMMENDA TIONS
The request is consistent with the relevant policies in the Comprehensive Plan that encourage
rezoning to industrial uses as well as with the "Analysis of the M-l Zoning District" report.
Industrial uses diversify the city's economy and create jobs. It has also been established that
the proposed amendment would not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the potential negative
impacts on the surrounding residential neighborhoods can be minimized through adequate
screening and buffering and the project's design. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\H,gh Ridge- New Urban Communitles\LUAR 09-001\STAFF REPORT High Ridge lnd.doc
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NEW URBAN HIGH RIDGE
LOCATION MAP
EXHIBIT "A"
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.S
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Fonn Must be
Turned in to City Clerk's
Office
0 A ril 21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16, 2009
0 Jul 7,2009
[8J Jul 21,2009
0
June I, 2009 Noon
June 15,2009 (Noon
Jul
Jul
" ,
..j
0 0 ...0 -"'"1-
Announcements/Presentations
,"j
NATURE OF 0 Administrative 0 New Business (-., '1
AGENDA ITEM 0 Consent A enda [8J Le al
0 0 Unfinished Business
0 Public Hearin 0
-rj"lJ/
RECOMMENDATION: Please place this tabled item on the July 21, 2009 City Commission agenda lUJder L~
Ordinances - Second Reading. This third tabling was in connection with the further tabling of the other items in this large-:x:
scale amendment cycle (e.g. Sam's Club and Northstar). This additional request from the applicant is intended to postpone
action until after Walmart officials revisited their corporate position on the annexation in the event that it involved litigation.
The planned meeting ofWalmart officials took place on July 8th. Please note that the size of the subject property has been
reduced from 2::18.44 acres to 2::13.66 acres. The extracted portion is currently the subject of a site plan application for a
charter school, which is an allowed use under the current future land use classification of Medium Density Residential
(MeDR). An additional 2::0.56 acres was conveyed to the Palm Beach County for the right-of-way for High Ridge Road. For
further details pertaining to this request, see attached Department Memorandum No. 08-093.
EXPLANATION:
PROJECT:
AGENT:
OWNERS:
LOCATION:
DESCRIPTION:
New Urban High Ridge (LUAR 09-001)
Timothy L. Hernandez
New Urban High Ridge, LLC
Northwest corner of High Ridge Road and Miner Road
Request to rezone from Planned Unit Development (PUD) to M -1, Industrial.
PROGRAM IMPACT:
FISCAL IMP ACT:
AL TERNA TlVES:
Development Depa
ciJ--L;;J \,/'~-~'--
( .
City Manager's Signature
Assistant to City Manager ~
irector City Attorney / Finance
High Ridge- New Urban CommunitieslLUAR 09-001 \Agenda Item Request High Ridge LUAR 09-001 rezone 7-21-
S:IBULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY OF BO)'NTON
BEACH, FLORIDA, REGARDING THE
APPLICATION OF NEW URBAN HIGH RIDGE,
AMENDING ORDINANCE 02-013 TO REZONE A
PARCEL OF LAND LOCATED ON THE
NORTHWEST CORNER OF HIGH RIDGE ROAD
AND MINER ROAD, AS MORE FULL)
DESCRIBED HEREIN, FROM PLANNED liNIT
DEVELOPMENT (PliD) TO M-l INDUSTRIAL
DISTRICT; PROVIDING FOR CONFLICTS.
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Cummission of the City uf Bo: nton Beach. Florida ha~
adopted Ordinance No. 02-0] 3. in \vhich a Revised /oning Map was adopted for said (it):
1 7 and
18 WHEREAS, New Urban High Ridge LLc., owner or the property located on the
19 northwest comer of High Ridge Road and Miner Road in Boynton Beach. Florida. as more
20 particularly described herein. has filed a Petition. through its agent Timothy 1.. Hernandez.
21 pursuant to Section 9 of Appendix A-Zoning. of the Code of Ordinances. City of Bu\ nton
22 Beach. Florida. for the purpose of rezoning a parcel of land. said land being more partlcularl)
23 described hereinafter. from Planned Unit Development (PllD) to M-I Industrial District: and
24 WHEREAS, the City Commission conducted a public hearing and heard testimony
25 and received evidence \vhich the Commission finds supports a rezoning for the prnperty
26 hereinafter described: and
27 WHEREAS. the City Commission finds that the proposed rezoning is consistent \\ith
28 an amendment to the Land Use which was contemporaneously considered and approved at
29 the public hearing heretofore referenced~ and
30 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
S 'l'A IOrdmanceslPlannmglRezonmglRezonll\g -Nt\\ I 'rhan 111gh R ldgel2nd I cad I dUe'
1 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
5 herein by this reference.
6
Section 2.
The following described land located on the Northwest comer of High
7 Ridge Road and Miner Road in Boynton Beach, Florida, as set forth as follows:
8
9 See Legal Description attacha:! as Exhibit "A"
10
11 CONTAINING APPROX. 13.66 ACRES OF LAND.
12
13 Subject to easements, restrictions, reservations, covenants and
14 rights-of-way of record.
15
16 be and the same is hereby rezoned from Planned Unit Development (PUD) to M-1 Zoning
17 District. A location map is attached hereto as Exhibit "B" and made a part of this Ordinance
18 by reference.
19 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
2 0 accordingly.
21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 2 repealed.
2 3 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect
25 the remainder of this Ordinance.
26 Section 6. This ordinance shall become effective immediately upon passage.
27
FIRST READING this _ day of
,2009.
S \CA\Ordinances\Planning\Rezoning\Rezoning-New Urban High Ridge(2nd read).doc
,- NO
1: SECUND. FINAL READING and P/\SSAljE this ~-da\ 01 J_(.tD~ _~()()()
21
~I
5
6
7
8
9
10
11
12
13
14
15
16
17 ATTEST:
CITY OF BOYNTON BEACH. FLURJD!\
!'v1avor Jerry Tavlor
Vice Mayor \Voodrow 1.. Hay
Commissioner- Ronald \\"eiland
Commissioner- Jose Rodriguez
Commissioner Marlene Ross
1 Q
-'-u
19
20 Janet M. Prainito, CMC
21 City Clerk
22
23
24 (Corporate Seal)
!
S \CA\()rdinance;,Wlannin~Rezoninh>\RczlJniIlg-Nc\\ Urban HIgh Ridgc(2nd rcadl doc
EXHIBIT "A"
BALANCE OF THE HIGH RIDGE PUD RECORD PLAT
(LESS THE IMAGINE CHARTER SCHOOL AT BOYNTON BEACH)
LEGAL DESCRIPTION
All of HIGH RIDGE PUD Record Plat, as recorded in Plat Book 109, Pages 90 - 93 inclusive,
according to the Public Records of Palm Beach County, Florida, LESS the following described
parcel:
BEGIN at the Northwest comer of said "High Ridge PUD Record Plat;
Thence,North 880 35' 59" East, along the North line of said Plat, a distance of 471.46 feet;
Thence South 010 50' 29" West, along the East line of said Plat, a distance of400.00 feet;
Thence North 880 09' 31" West, a distance of475.09 feet;
Thence North 010 09' 29" East, along the West line of said Plat, a distance of242.76 feet;
Thence North 050 02' 00" East, along the said West line, a distance of 130.80 feet to the POINT
OF BEGINNING.
Said lands situate, lying and being in Palm Beach County, Florida, containing 183,899 square
feet (4.2217 acres), more or less.
TO:
FROM:
THROUGH:
DATE:
PROJECT NAME/NUMBER:
REQUEST:
Property Owner:
Appl ica nt/Agent:
Location:
Parcel Size:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
DEVELOPMENT DEPARTMENT
PLANNING & ZONING DIVISION
MEMORANDUM NO. PZ 08-093
Chair and Members
Planning and Development Board
Hanna Matras
Senior Planner
,"-'
'; I
, ( /
'al v
Michael W. Rumpf.. ~
Director of Planning and Zoning
November 10, 2008
New Urban High Ridge/LUAR 09-001
Request to amend the Future Land Use Designation from
Medium Density Residential (with a maximum density of 9.68
dwelling units per acre) to Industria! (\Nith a maximum FAR of
0.50) and rezone from Planned Unit Development (PUD) to M-l
Industrial District.
PROJECT DESCRIPTION
New Urban High Ridge LLC
New Urban High Ridgefllmothy L. Hernandez
Northwest corner of High Ridge Road and Miner Road (Exhibit
\\ A ")
:t18.44 acres
Medium Density Residential (MeDR, 9.68 dufac)
PUD, Planned Unit Development
Industrial (max F.A.R. of 0.50)
M-1 Industrial District
Industrial
File Number: LUAR 09-001
New Urban High Ridge
Adjacent Uses:
North:
Single family homes in unincorporated Palm Beach County,
designated LR-2 Low Density Residential (2 du/acre) and
zoned RS Single Family Residential.
South:
The right-of-way of Miner Road, then developed property
(flex space warehouse of High Ridge Commerce Center)
designated Industrial (I) and zoned M-1 Industrial; to the
southwest, undeveloped property within unincorporated Palm
Beach County designated Industrial (IN D) and zoned Single
Family Residential (RS).
East:
The right-of-way of High Ridge Road, then, to the northeast,
Cedar Ridge Estates with single family homes and
townhomes (townhomes built at 8.04 dujacre), designated
Low Density Residential (LDR) and zoned Planned Unit
Development (PUD). To the southwest, Cedar Ridge and
High Ridge Commerce Park, developed properties designated
Industrial (I) and zoned Planned Industrial Development
(PID).
West:
To the west, undeveloped property (High Ridge Country
Club) designated Low Density Residential (LDR) and zoned
RiM Single Family Residential.
EXECUTIVE SUMMARY
Staff recommends approval of the requested land use amendment and rezoning for the
following reasons:
1. The request is consistent with the relevant policies in the Comprehensive Plan that
encourage rezoning to industrial uses as well as with the recommendations of the 2006
"Analysis of the M-1 Zoning District" report.
2. The proposed amendment is of great benefit to the City given the acute shortage of
industrial land. Industrial uses diversify the economy and create jobs, lessening impacts
of economic downturns.
3. The proposed amendment would not create additional impacts on infrastructure that
cannot be accommodated within existing capacities.
4. The potential negative impacts on the surrounding residential neighborhoods can be
minimized through adequate screening and buffering and the project's design.
PROJECT BACKGROUND
The property was annexed to the City in May 2005 and approved for Medium Density
Residential land use, allowing a maximum density of 9.68 dwelling units per acre. As per the
2
File Number: LUAR 09-001
New Urban High Ridge
concurrently approved master plan and the site plan approved In September 2005, the project
included 174 for-sale residential units - 48 single family homes and 126 townhomeso In
December 2006, the property owner, New Urban High Ridge LLC, obtained a site plan time
extension of 1 year for the project. At that time, the delay in securing permits was caused by
utility problems and prolonged negotiations with the Palm Beach County regarding the
landscaping within the right-oF-way of High Ridge Road - issues unrelated to the state of the
residential market, which, however, softened considerably. The recent analysis of the Citys
residential sales indicate that the townhome market reached its peak in 2005, while the single
family home prices peaked in 2006. By the end of 2007, as the market continued to worsen, the
developer requested a major site plan modification. The modification, approved in December
2007, eliminated the townhomes and proposed 110 single-family homes, reducing the totai
number of units by 64.
In the first half of 2008, the sales prices in the City were off from their peaks by over 40% for
single-family homes and 27% for townhomes. The number of foreclosures has been rising;
moreover, the tightening of the credit markets escalated in the third quarter of 2008,
substantially reducing access to mortgage loans.
Given the current environment and the low likelihood for its significant improvement during at
least the next twelve months, the project as approved is not financially feasible.
GENERAL POLICY CONSIDERATIONS
The residential market boom left the City with a scarcity of industrially-zoned land. The
rezonings from industrial and commercial districts for residential uses started in the year 2000
with an approval of a residential development in the Quantum Industrial Park. Since then, some
135 acres have lost their industrial designation, not including Quantum, which retained its
Planned Industrial Development zoning designation even though a large percentage of its
acreage has been converted to uses other than industrial.
The loss of industrial land has occurred simultaneously within unincorporated Palm Beach
County and most of its other municipalities. This trend's negative impact on the local economies
in terms of future jobs, availability of services and tax bases has been recognized by the
county's Intergovernmental Plan Amendment Review Committee (IPARC) and documented in
the report produced by the IPARC-hired consultants in 2007. In addition, the consultants
created a second report, which include a zoning toolkit for modern light industrial districts.
Michele Mellgren and Associates, Inc., provided a review of the City's M-l zoning district In
2006. Likewise, the study noted the potential negative effects of the continuous overall decline
in the amount of industrial land in Boynton Beach and found the current M-l regulations
unaccommodating to the changing market trends. The report stated: "Industrial lands are
valuable to a municipality based on benefits of stability and diversity, cost of public services and
employment resources". The general recommendation was that the City should preserve and
expand industrial land when appropriate in order to enhance economic viability.
PROJECT ANALYSIS
The parcels which are the subject of this land use amendment total 18.44 acres; therefore, the
proposed land use change qualifies as a large-scale amendment pursuant to Chapter 163 F.5.
File Number: LUAR 09-001
New Urban High Ridge
Following advisory board review and the City Commission public hearing, a "large-scale"
amendment is transmitted to the Florida Department of Community Affairs (DCA) for review for
compliance with the state, regional and local comprehensive plans prior to adoption. Following
the review period of approximately 60 days, DCA provides the City with a report of their
findings in an "Objections, Recommendations and Comments (aRC) Report". The City then has
60 days to either (1) adopt the amendment as transmitted, (2) adopt the amendment with
changes in response to the aRC report, or (3) determine not to adopt the amendment and
inform DCA of that decision. According to Florida Statutes Chapter 163, large-scale
amendments may only be adopted during two amendment cycles each calendar year. This
amendment request is a part of the 1st round of amendments for the 2009 calendar year.
This proposed amendment is being reviewed for transmittal to the DCA. After transmittal and
review by the DCA, the proposed amendment will be scheduled for adoption, tentatively in May
2009.
Review Based on Criteria
The criteria used to review Comprehensive Plan amendments and rezonings are listed in the
Land Development Regulations, Chapter 2, Section 9, Administration and Enforcement, Item C.
Comprehensive Plan Amendments: Rezonings. These criteria are required to be part of a staff
analysis when the proposed change includes an amendment to the Comprehensive Plan Future
Land Use Map.
a. Whether the proposed rezoning would be consistent with applicable comprehensive plan
policies including but not limited to, a prohibition against any increase in dwelling unit
density exceeding 50 in the hurricane evacuation zone without written approval of the Palm
Beach County Emergency Planning Division and the City's risk manager. The planning
department shall also recommend limitations or requirements, which would have to be
imposed on subsequent development of the property, in order to comply with policies
contained in the comprehensive plan.
The proposed rezoning is generally compatible with the Comprehensive Plan policies.
Specifically, Policies 1.4.2 and 1.17.1 of the Land Use Element read:
"Areas adjacent to industrially-designated lands shall be considered for
redesignation to industrial use if adequate lot consolidation to prevent piecemeal
encroachment into adjacent neighborhoods is available provided that adequate
screening and buffering is provided." (1.4.2)
" The City shall continue to attract a mix of high value industrial, commercial and
residential development that will strengthen the tax base and generate
employment opportunities for residents without affecting the City's
neighborhoods and community character." (1.17.1)
Given the acute shortage of developable industrial land in the City, the amendment is beneficial
as it would contribute to a much needed diversification of the economy and create employment
opportunities. It would also strengthen the tax base, and at the same time lower the future
claims on City's revenues by replacing residential use with one that generates lower demand for
City's services. These arguments need to be weighted against potential land use conflicts with
adjacent residential neighborhoods.
4
File Number: LUAR 09-001
New Urban High Ridge
The proposed amendment runs against the recommendations of the High Ridge Road Corridor
Study, published by Palm Beach County in 1997. The study has not been adopted but it is
intended for local governments as an informational item to be considered at the time of
annexation and lor development approval for any of the reviewed sites. The objectives of the
study include maintaining the predominantly residential character of the area, keeping densities
and housing types in new residential projects consistent with those in existing developments
and limiting access and traffic on High Ridge Road (the subject property is located in the
southernmost vicinity of the study, Area 3, and is referred to as Tract B).
In terms of compatibility, the original master plan for a medium density residential development
would have constituted a better transition between residential uses to the west, north and
northeast and the industrial uses south and south east of the property. There are clearly
compatibility issues when industrial uses abut residential neighborhoods. Most M-1 districts in
the city are adjacent to and, to some degree, impact residential areas. However, as
underscored in the aforementioned M-l study, light industrial and residential uses can coexist
with proper regulations in place. The intended code amendments will implement the study
recommendations by addressing such issues as incompatibility with adequate separation,
screening and buffering, and traffic impacts. For the proposed project, adequate screening and
buffering would be sought in the ultimate site plan to minimize the project's impact on adjacent
residential neighborhoods to the west, north and north-east of subject property. Mitigation of
impacts through the appropriate design will also be addressed at that time.
Currently, the code includes enhanced buffer requirements for separation of potentially
incompatible uses and zoning districts. The minimum required landscape buffer between
industrial and residential zoning districts must be 15 feet wide (as opposed to 2 112 feet for a
standard buffer). Moreover, the code contains general exterior design guidelines for buildings
located on High Ridge Road: industrial buildings must be designed "in such a manner so as to
disguise their typical warehouse appearance" and overhead doors cannot be located on a
building fa~ade. Staff opines that these requirements would significantly diminish the project's
visual impacts on residential neighborhoods.
The buffering standards required between incompatible uses and zoning districts are being
revised as part of the rewrite of the Land Development Regulations and will be considerably
enhanced. Specifically, the draft regulations distinguish between a "buffer" and a "barrier", the
latter designed to give staff the strongest and most flexible tool to address negative visual
impacts. The barrier will include "a continuous, solid, opaque visual screen of at least (6) feet in
height comprised of a variety of densely planted trees, hedges and shrubs, in combination with
an optional buffer wall and/or berm". Given the time frame for the processing of the proposed
amendment, it is likely the new Land Development Regulations will be used to review the site
plan for the project.
b. Whether the proposed rezoning would be contrary to the established land use pattern or
would create an isolated district unrelated to adjacent and nearby districts, or would
constitute a grant of special privilege to an individual property owner as contrasted with the
protection of the public welfare.
The proposed rezoning will not be contrary to the established land use pattern, will not create
an isolated district, nor will it constitute a grant of special privilege to the owner. The properties
to the south and south-east of the subject property have been developed for industrial uses.
File Number: LUAR 09-001
New Urban High Ridge
c. Whether changed or changing conditions make the proposed rezoning desirable.
As explained in the Background section above, there have been changes that make the
proposed land use amendment and zoning desirable. The overbuilding in the housing sector
produced a large vacant housing inventory which will likely take a long time for the market to
absorb. The population growth has been flat for the last two years (the City actually lost a small
number of residents in 2007 and 2008) and there is uncertainty regarding the future growth.
The housing boom and multiple rezonings from industrial and commercial to residential land
uses have left the city with a severe shortage of industrial land. Redesignation to industrial use
is beneficial for the City as the ongoing recession underscores the need for economic
diversification and job creation.
d. Whether the proposed use would be compatible with utility systems, roadways, and other
public facilities.
Traffic
The applicant has provided a long-term transportation analysis for the proposed amendment, as
well as the concurrency traffic impact analysis. The transportation analysis includes the analysis
of the existing conditions and traffic conditions for years 2013 and 2025. It compares potential
traffic impacts generated by the current Medium Density land use (9.68 dwelling units per acre)
with impacts that would be generated by the maximum intensity of the proposed Industrial use,
at a FAR of 0.50. The results indicate that, if the site were developed with a F.A.R. of 0.50, the
development would generate 1,274 net new daily trips, 250 net new AM Peak Hour trips, and
259 net new PM Peak Hour trips. This additional daily traffic volume on High Ridge Road
between Gateway Boulevard and Hypoluxo Road would bring the volume-to-capacity ratios on
the three High Ridge links (Gateway Boulevard to Miner Road, Miner Road to site, and site to
Hypoluxo Road) within 0.44 - 0.46 range, still below one-half of the capacity for the adopted
Level of Service D for a two-lane road. The 2025 projected daily traffic volume-to-capacity ratios
for High Ridge Road between Gateway Boulevard and Hypoluxo Road do not exceed 0.54. The
ratios indicate that, in the long run, the road would still be operating at the better level of
service "C".
For the 2013 peak hour traffic conditions, the proposed amendment would, at a maximum
F.A.R., produce volume-to-capacity ratios on High Ridge Road of about 0.85. The impacted
intersection analysis for 2013 shows that the Hypoluxo Road / High Ridge Road and Miner Road
/ High Ridge Road intersections are projected to meet standards, although the AM Peak Hour
volume for Hypoluxo Road and High Ridge Road are near capacity.
As stated, the above analysis assumes that the property would be developed at the maximum
permitted F.A.R. of 0.50. However, given the site requirements such as parking, drainage and
landscaping with the enhanced screening and buffering, the F.A.R. is likely to be in the 3.0 - 3.5
range. The industrial parcel located south of the subject property and currently developed with
two flex-space buildings has an approved F.A.R. of 0.3. For the F.A.R. of 0.35, the impacts would
be reduced by about 60% for the daily volume and 40% for the peak hours traffic. This level on
intensity would increase the daily traffic volume on the High Ridge Road by approximately 5%,
6
File Number: LUAR 09-001
New Urban High Ridge
There has been a recent reduction in traffic volume growth rates for most of the roadwav::,
potentially impacted by the proposed amendment. Between 2005 and 2008, the volume on the
High Ridge Road between Hypoluxo Road and Miner Road declined by 9%.
Finally, the trip generation associated with the new amendment may also be lower if some
employees use public transit. The Tri-Rail station is located approximately '12 mile from the
subject site; a bus stop is located nearby on High Ridge Road.
Potable Water and Sewer
The demand for potable water and sewer will again be compared using the maximum density
and intensity of the existing and proposed land use.
Water Demand
Land Use i Generation Rate Total GPO
Current: !""1[)R (9:~8 dw/acrf2:=178 .~.'u. 452 CPD per d.u 80,456
~-"---~-
Proposed: IndLEtrial - 401,623 sf 1178 per 1000 sf 71,489
!Change -8,967
Potable Water Facil ities
Water Plant Capacity* (p63k day) i 27,000,000
Committe:l capa::ity (cd:ual flow + reserved capacity, peak day)! 23,622,289
Remaining capadty I 3,377,711
SF\M'v10 permitte:l with:lrawals (average day) 21,490,000
Contracte:l amourt to I1lrchase from County ,
5,000,000
Expiration date of water use permit i August 14,2010
*lncludes 5,000,000 contracted to purchase fa- Palm Be~h County
Sewer Demand
Land Use i Generation Rate Total GPO i
Current: MDR (9....~~~'^'/~c~e=178 d.u. 226 CPO per d.u 40,228
-- -_.--
Proposed: IndLEtrial - 401,623 sf 159 per 1000 sf 63,858
I Change 23,630
San ita Sewer Facilities
Sewer Treatment Capacity
Committe:l or allocate:l capacity (IVGO)
Available ca a::i MCD
24 M.:;D
18.56
2.72
Water demand for industrial uses can differ considerably among various uses. The gallons-per
day per 1,000 square feet rates for water and sewer as utilized in the tables above assume
average demand for a flex space-type industrial project. As shown, under the maximum intensity
assumption, the proposed amendment would result in a lower increase in daily water demand,
but increase in sewer demand would be higher. If, as discussed in the Traffic section above, the
square footage is adjusted to a lower and more probable F.A.R., the projected sewer demand
would approximate the demand under the current land use, with an even greater decrease
File Number: LUAR 09-001
New Urban High Ridge
the projected water demand. Under either scenario, the City has unreserved capacity to serve
the projected raise in demands.
The demand calculations assume the average of 2.26 persons per dwelling unit, which is the
city's average household size.
Solid Waste
The Palm Beach County Solid Waste Authority has stated that adequate capacity exists to
accommodate the county's municipalities throughout the lO-year planning period.
Drainage
Drainage will also be reviewed in detail as part of the site plan approval process, and must
satisfy all requirements of the city and local drainage permitting authorities.
e. Whether the proposed rezoning would be compatible with the current and future
use of adjacent and nearby properties, or would affect the property values of
adjacent or nearby properties.
The proposed rezoning will be reasonably compatible with the current and future use of
adjacent and nearby properties, and should have no impact on the property values of adjacent
and nearby properties. As discussed above, potential land use conflict.s would be mitigated by
application of the relevant Land Development Regulations during the site plan stage.
f. Whether the property is physically and economically developable under the existing
zoning.
There are no physical constraints to the development of the subject property under the existing
zoning, but the development would be economically unfeasible.
g. Whether the proposed rezoning is of a scale which is reasonably related to the
needs of the neighborhood and the city as a whole.
The proposed amendment would be beneficial to the city (see sections "a" and "c"), and, since
it would provide employment opportunities, is also reasonably related to the needs of the
neighborhood. The amendment may be considered consistent with the ongoing shift in
paradigm in land use planning, whereby it departs from a traditional separation of uses, and
supports compact, mixed-use patterns, allowing places for people to live, work and play to be in
close proximity of one-another and thus promoting resource conservation and sustainable
communities.
Lastly, the subject lot size and the site plan regulations would not accommodate more intensive
industrial uses permitted in the M-l district; the ultimate project would likely be similar to the
other flex-space projects in the area.
h. Whether there are adequate sites elsewhere in the city for the proposed use, in
districts where such use is already allowed.
The City has an acute shortage of vacant industrial land. As per the vacant land inventory
submitted with the EAR-based amendments, the City has only 15 vacant industrial parcels, of
which merely 8 were 1 acre or larger in size. Not only is there little vacant land zoned M-l, but
the areas with C-4 zoning, which allows marginal commercial uses, are also scarce.
8
File Number: LUAR 09-001
New Urban High Ridge
CONCLUSIONS! RECOMMENDATIONS
The request is consistent with the relevant policies in the Comprehensive Plan that encourage
rezoning to industrial uses as well as with the "Analysis of the M-1 Zoning District" report.
Industrial uses diversify the city's economy and create jobs. It has also been established that
the proposed amendment would not create additional impacts on infrastructure that cannot be
accommodated within existing capacities. Lastly, staff concluded that the potential negative
impacts on the surrounding residential neighborhoods can be minimized through adequate
screening and buffering and the project's design. Therefore, staff recommends that the subject
request be approved.
ATTACHMENTS
S:\Planning\SHARED\WP\PROJECTS\High Ridge- New Urban Communitles\LUAR 09-001\STAff REPORT High Ridge rnd.doc
NEW URBAN HIGH RIDGE
LOCATION MAP
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
XII. - LEGAL
DEVELOPMENT
ITEM A.9
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril2l, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16,2009
0 Jul 7,2009
[8J Jul 21,2009
0 Au ust 4, 2009
Jul
Jul
0 c::
r-
0 New Business I
CO
[8J Le al -0
0 Unfinished Business
0
NATURE OF
AGENDA ITEM
o AnnouncementslPresentations
o Administrative
o
o
o Public Hearin
.- nt.
o
RECOMMENDATION: Please place this tabled request on the July 21, 2009 City Commission Agenda un1fer
Legal, Ordinances - Second Reading. This third tabling is again in connection with the tabling of the corresponding items for
annexation, land use and rezoning. This additional request by the applicant is intended to postpone action until after Walmart
officials revisited their corporate position on the annexation in the event that it involved litigation. The planned meeting of
Walmart officials took place on July 8th, For further details pertaining to this request, see attached Department Memorandum
No. 09-018 and the attached ordinance.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Planned Commercial Development (PCD) Setbacks -
Accessory Fuel Pumps (CDRV 09-003)
City-initiated
Request for interim amendments to the Land Development Regulations, Chapter 2,
Zoning to create a waiver process for minimum setbacks associated with ancillary fueling
centers with Planned Commercial Development (PCD) zoning districts annexed into the
city.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
o ,)
~ -? /~ . '
r o.AJ- c;/-L:' '- l/ ~'--""'--<:... --<.-<....
City Manager's Signature
~
Assistant to City Manager
Develop
Planning "and Z
S:\Planning\SHARED\ WP\SPEC
reading 7-21-09.doc
g Director City Attorney / Finance
OJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-003 PCD Setbacks Accessory Fuel Pumpfs 2nd
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
ORDINANCE NO. 09-026
2
3
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 11,
"SUPPLEMENTAL REGULATIONS", SUB-SECTION L
"COMMERCIAL ESTABLISHMENTS ENGAGED IN THE
RETAIL SALE OF GASOLINE OR GASOLINE
PRODUCTS", BY ADDING SUB-SECTION 4. E. TO
ALLOW/ADD A WAIVER PROCESS FOR MINIMUM
SETBACKS ASSOCIATED WITH ANCILLARY FUELING
CENTERS WITHIN PLANNED COMMERCIAL
DEVELOPMENT (PCD) ZONING DISTRICTS ANNEXED
INTO THE CITY; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION ANn AN EFFECTIVF
DATE.
4
5
6
7
8
9
]0
1 ]
]2
13
]4
15
]6
]7
18
WHEREAS, Chapter 2, Section 11. "Supplemental Regulations". Sub-Section 1.. 4..
"Commercial Establishments Engage in the Retail Sale of Gasoline or Crasoline Products" of
the current zoning regulations allow the ancillary sale of gasoline In a Planned Commercial
Development (PCD) zoning district with a minimum separation of two hundred (200) reet
between any gas pump island or canopy and the adjacent right-of.-\vay:
WHEREAS, in all other zoning districts in which the sales of gasoline is allowed, the
]9
20
21
T)
...,...
.c-'
24
gasoline pump island or canopy may be located twenty (20) teet from a right-of-\vay: anJ
25
WHEREAS, staff is recommending a code amendment thal would C1'l'ale an
26
opportunity for a waiver request of the two hundred (200) feet setback to the City Commission
27
for existing projects being annexed into the City when such regulation cannot be fully complied
28
with, but the intent of the Land Development Regulations is met: and
29
WHEREAS, the City Commission has considered staffs recommendations and reports.
30
and determines and finds that it would be appropriate to amend the Land Development
I
31 II Regulations to reflect this addition: and
...-,
-'-
WHEREAS, the City Commission finds that the adoption of this ordinance lS 11) the
,..
_'_1
best interest of the health, safetv. and welfare of the citizens and residents of the (]1\ 1)1
C \Documents and Sct\ingslPramltoJILocal Set\ll1gs:rclllporan Intcmet Filcs\()! K !1}.Li\mcnd LI l!< ell:> SFe ' 1 i 4 HGaSil]mc I dc"~
Boynton Beach.
2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
3 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
4
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
5 and confirmed by the City Commission.
6
Section 2.
Chapter 2, Section] ] .LA. of the Land Development Regulations of the
7 City of Boynton Beach Code of Ordinances is hereby amended as follows:
8 L. COMMERCIAL ESTABLISHMENTS ENGAGED IN
9 THE RETAIL SALE OF GASOLINE OR GASOLINE
10 PRODUCTS
II
*
*
*
12
13
]4
]5
]6
]7
]8
]9
20
4. As to all gasoline dispensing establishments that are
an ancillary use located or operated in or from an ancillary building
or structure within a parcel of land of not less than ten (10) acres
within a "Planned Commercial District" (PCD) governed by
Section 6.F. of the City of Boynton Beach Zoning Code, and which
gasoline dispensing establishment is operated by the person(s) or
entity(s) that operates the principal use located on such parcel of
land; and do not meet all of the requirements set forth under
Subsection 3., above, the following shall be applicable:
21
*
*
*
22
23
24
25
26
27
28
e. Waivers of provisions 4. a. thru d. above,
may be granted by the City Commission for existing
proiects annexed into the City, when the regulation cannot
be fully complied with, but where the intent of the Lad
Development Regulations is met. The application shall
provide iustification of the waiver and submit a mitigation
plan off-setting the impact.
29
30
Section 3.
Each and every other provision of the Land Development Regulations
31 not herein specifically amended, shall remain in full force and effect as originally adopted.
32
Section 4.
All laws and ordinances applying to the City of Boynton Beach In
33 conflict with any provisions of this ordinance are hereby repealed.
- 2-
S.\CA\Ordinances\LOR ChangeslAmend LOR CH 2 SEe I I (4)(Gasolme).doc
4
5
6
7
8
9
10
II
12
13
]4
] :;
16
17
18
]9
20
21
-,-,
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24
~5
26
27
28
29
30
31
32
II
\ '
. '
II
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II
II
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d
11
Section 5,
Shuuld an) 'lecllun ur pn\\ [:,llIn l1/ 1h1.'1 ()rdmance Uf" an) pOrll\ ,iher,.','
2 be declared by a court of competent jurisdiction to be in\'alid. such decision shall 111"1 ,tireu till
3 remainder of this Ordinance.
Section 6.
Authority is hereby given to codify this Ordinance
Section 7.
This ordinance shall become effective immediately.
FIRST READING this
day of
. :2009.
SECOND. FINAL READING AND PASSAGE this
da Jot
. .:'OOy
CITY OF BOYNTON BFACH. Fr ORID\
Mayor- Jerry Tay lor
Vice Mayor - Woodrow 1.. Hay
Commissioner - Ronald Weiland
Commissioner Jose Rodriguez
Commissioner Marlene Ross
ATTEST:
Janet M. Prainito. CMC
City Clerk
( Corporate Seal)
S ',C.'\\Ordmances\IDR Changes'Amend 1 DR. ell 2 SI:C [ 1141(lia:iulmcl doc
/((\.., "
" ,,'
(~,.r
,.,-
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t/-
DEPARTMENT OF DEVELOPMENT
PLANNING A.ND ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & Develo~~~ard
Michael w. Rumpw. (!
Director ofPlanning"'and Zoning
Ed Breese ~
Principal Planner
April 6, 2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003)
Funeral Home with Cemetery (CDRV 09-004)
TO:
THROUGH:
FROM:
NATURE OF REQUEST
,
Pursuant to the format established by the City Commission, staff forwards those portions of the
Land Development Regulations (LDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has forwarded recommended
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display of banners for promotion of existing businesses.
These two subject amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; 1) add Cemeteries as accessory to Funeral Homes
within the Community Commercial (C-3) zoning district, on parcels in excess of IO acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery.
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3)
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component of ill;:
ultimate build-out of the property, according to Sam's Club representatives, IS the developmen1
of an accessory fuel center for it's members, similar to warehouse retailers B.T's and COSI, '
According to current regulations, Part III LDR, Chapter 2, Section ]] 0I11111("',I,L
Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline Products" the ancil:a:r\
sale of gasoline is allowed in a Planned Commercial Development (PCD) district. bUl wm
minimum separation of 200 feet between any gas pump island or canopy and the adjacent n~n
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy CannCi" n'~
located 200 feet from any right-of-way without interfering with current operations and onsn~
circulation. In all other zoning districts in which the sales of gasoline is allowed. the pump Island
canopy may be located 20 feet from a right-of-way. The master plan submitted with the
requested annexation, land use and rezoning depicts the canopy approximately 50 reet from th~
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances. staff descntlecl
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final appro,'al of tbe;
annexation and rezoning. Therefore, staff is proposing this code amendment, which would crea\('
an opportunity for a waiver request in connection with an annexation. This would aHa\'. cXIslmg
projects annexed into the City, which cannot fully meet certain development regulations, to seer
a waiver and mitigate any potential impacts.
PROPOSED AMENDMENTS
Existing re!!lllations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A. Lc. - Funeral Homes
. Section 6.A.Ld. - Funeral Homes with Crematorium*
(*conditional use)
Note: .I\ny use allowed in the C-l district is allowed in the C -3 district as welL
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. 1. 4.a.(c) outlines the developmem
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline Or Gasoline
Products", alld in particular, the distance the pump island canopy may be from a right-of-way
The LDR currently reads as follows:
. Section 11. 1. 4.a.(4)(c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CORY 09-003/CDRV 09-004
Page 3
Proposed rel!Ulations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district, in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
· Section 6. C. 1.HH. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
· Section 11. L. 4.a.(4)(e) - Waivers of provisions 4.a. (a) thru (d) above, may be granted
by the City Commission for existing proj ects annexed into the City, when the regulation
cannot be fully complied with, but where the intent of the LDR is met. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring offthe City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 09-003 & CDRV 09-004\CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
w Cemetery.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
leIl. LEGAL
DEVELOPMENT
ITEM A.tO
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to Citv Clerk's
Office
0 A ri] 21, 2009
0 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16,2009
0 7,2009
21,2009
0
June 1,2009 Noon)
Jul
Ju]
0 AnnouncementslPresentations 0 Citv Manager's Report
0 Administrative 0 New Business iJ~j:
NATURE OF ....." ~-:-
AGENDA ITEM 0 Consent Agenda [gI Legal \.0 ~'~
, ..
0 Code Comoliance & Legal Settlements 0 Unfinished Business c:: ':-') .1:f1
r-
0 Public Hearing 0 ~ r "1 i5:
.:::../
~,
::.;:..~~,..
-0 1:;;.:4
:x 0
c,z
w -rJ..'.
RECOMMENDATION: Please place this tabled request on the July 21, 2009 City Commission ~nd~er
Legal, Ordinances - Second Reading. This third tabling is again in connection with the tabling of the correspond&ng it~or
annexation, land use and rezoning. This additional request by the applicant is intended to postpone action until after W a~rt
officials revisited their corporate position on the annexation in the event that it involved litigation. The planned meeting of
WaImart officials took place on July 8th. For further details pertaining to this request, see attached Department Memorandum
No. 09-018 and the attached ordinance.
EXPLANATION:
PROJECT:
AGENT:
DESCRIPTION:
Funeral Home with Cemetery (CDRV 09-004)
City-initiated
Request for interim amendment to the Land Development Regulations, Chapter 2, Zoning
to allow Funeral Homes with Cemetery in the Community Commercial (C-3) zoning
district, on parcels in excess of 10 acres.
PROGRAM IMP ACT:
FISCAL IMP ACT:
ALTERNATIVES:
;tJ ~)
. ~. .
( , ~ , ~ \" ,,-L-"-.--"--
City Manager's Signature
.c..> .;'
/" ,fAA} /
Assistant to City Manager l/"'v
Pl~~ ~~, City Attorney / Finan"
S:\PlanningISHAREDlWPISPECPROJICODE REVIEWlCDRV 09-003 & CDRV 09-0041CDRV 09-004 Funeral Home w Cemetery 2nd read 7-21-09,doc
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
ORDINANCE NO. 09- ., \ .'
,
5
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA AMENDING LAND DEVELOPMENT
REGULATIONS, CHAPTER 2, SECTION 6(C) "C-3
COMMUNITY COMMERCIAL DISTRICT", BY ADDING
SUB-SECTION (C)(I)(HH) TO ALLOW THE INCLUSION
OF CEMETERY lfSE IN THE COMMUNITY
COMMERCIAL (C-3) ZONING DISTRICT AS AN
ANCILLARY USE TO A FUNERAL HOME ON PARCELS
IN EXCESS OF TEN (10) ACRES; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
~
-'
4
6
7
8
9
10
] ]
12
13
]4
15 WHEREAS. the current zoning regulations allow Funeral Homes 111 OHice and
] 6 Professional Commercial (C - I ) zoning districts by right and
17 WHEREAS, Funeral Homes with Crematoriums are allowed in Ot1ice and Professional
] 8 Commercial (C -1 ) zoning districts. as a conditional use: and
19 WHEREAS, a Cemetery. as a principal use. is currently only allowed in Public Usage
20 (PU) zoning district; and
21 WHEREAS, staff is recommending the inclusion of cemetery use in the Communit\
"7 Commercial (C-3) zoning district as an ancillary use to a funeral home on parcels in excess of
23 ten (10) acres: and
24 WHEREAS, the City Commission has considered staffs recommendations and reports.
25 and determines and finds that it would be appropriate to amend the Land Development
26 Regulation to reflect this addition: and
27 WHEREAS, the City Commission tinds that the adoption of this ordinance IS in the
281 best interest of the health. safety. and welfare of the citizens and residents of the City 01
291 Boynton Beach.
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF I
I
II S ICf\',Ordmanccs\LDR l'hangcs\Amcnd Ll)R ,'1\ 2 SLC 6IL'IIl'cmclcr\ I d",
L
1/
I
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
2
Section 1.
The foregoing whereas clauses are true and correct and are now ratified
3 and confirmed by the City Commission.
4
Section 2.
Chapter 2, Section 6C of the Land Development Regulations of the City
5 of Boynton Beach Code of Ordinances is hereby amended as follows:
6 C. C-3 COMMUNITY COMMERCIAL DISTRICT. These
7 district regulations are to encourage the development of
8 appropriate intensive retail commercial facilities providing a wide
9 range of goods and services, located centrally and accommodating
10 three (3) or four (4) neighborhoods and located adjacent to at least
II one major thoroughfare.
12
*
*
*
13
14
15
16
hh. Cemeteries as accessory to Funeral IJomes on parcels In
excess often (0) acres.
Section 3.
Each and every other provision of the Land Development Regulations
17 not herein specifically amended, shall remain in full force and effect as originally adopted.
18
Section 4.
All laws and ordinances applying to the City of Boynton Beach m
19 conflict with any provisions of this ordinance are hereby repealed.
20
Section 5.
Should any section or provision of this Ordinance or any portion thereof
21 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
22 remainder of this Ordinance.
23
Section 6.
Authority is hereby given to codify this Ordinance
24
Section 7.
This ordinance shall become effective immediately.
25
26
FIRST READING this _ day of
,2009.
- 2-
S:\CA\Ordinances\LDR ChangeslAmend LDR CH 2 SEC 6(C)(Cemetery),doc
6
7
8
9
10
II
12
13
14
] :;
16
17
] 8
]9
20
21
II
I~
_J
24
25
SECOND, FINAL READINCi AND PASSAGi~ this
Ja: or
.1111.
2
3
CITY OF BOYNTON BEACH. FLORIDA
4
5
Mayor Jerr\' Tavlor
Vice Mayor- Woodro\\ L Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
ATTEST:
Janet M. Prainito. CMC
City Clerk
27
26 (Corporate Seal)
28
29
I
I
II
I
II
I
I
I
II
I
I
i
I
~ ,CA\( irdmanccs\LDR Changcs\Amcnd LDR l'II : ~1,C bICHl'clm:I,;r\ I J",
DEPARTMENT OF DEVELOPMENT
PLANNING A.ND ZONING
Memorandum PZ 09-018
DATE:
RE:
Chair and Members
Planning & Develow~ard
Michael W. Rumpw. ?/
Director of Planning ~ana Zoning
Ed Breese ~
Principal Planner
April 6, 2009
Interim Amendments to the Land Development Regulations
Planned Commercial District Setbacks - Accessory Fuel Pumps (CDRV 09-003)
Funeral Home with Cemetery (CDRV 09-004)
TO:
THROUGH:
FROM:
NATURE OF REOUEST
Pursuant to the format established by the City Commission, staff forwards those portions of the
Land Development Regulations (LDR) currently under review, as an incremental step to
updating the zoning regulations. In a few circumstances, staff has forwarded recommended
revisions to the LDR for immediate implementation. The most recent example of such interim
amendments involved the temporary display of banners for promotion of existing businesses.
These two subj ect amendments address the characteristics and operations associated with
properties undergoing annexation by the City. The amendments are designed to accommodate
current operations and future plans of the Sam's Club and Palm Beach Memorial Park. The two
amendments are summarized as follows; 1) add Cemeteries as accessory to Funeral Homes
Vlritbin the Community Commercial (C-3) zoning district, on parcels in excess of 10 acres; and 2)
add a waiver process for minimum setbacks associated with ancillary fueling centers within
Planned Commercial Development (PCD) zoning districts annexed into the City.
BACKGROUND
The current zoning regulations allow Funeral Homes in commercial zoning districts by right.
Funeral Homes with Crematoriums are also allowed in commercial zoning districts, as a
conditional use. A Cemetery, as a principal use, is currently only allowed in the Public Usage
(PU) zoning district; however, the PU district is not intended for a privately-operated cemetery.
Staff is recommending the inclusion of cemetery use in the Community Commercial (C-3)
zoning district, as an ancillary use to a funeral home. The Palm Beach Memorial Park was an
allowable use under Palm Beach County zoning regulations and should continue as such
CDRV 09-003/CDRV 09-004
Page 2
following annexation into the City.
As part of the same annexation, the City would incorporate Sam's Club. One component oftbe
ultimate build-out of the property, according to Sam's Club representatives. is the deveJopruem
of an accessory fuel center for it's members, similar to warehouse retailers BJ's and COSICC
According to current regulations, Part III LDR Chapter 2, Section }: 'Commer::w.i
Establishments Engaged In The Retail Sale Of Gasoline 0,. Gasoline ProdUCIS ,. the ancillan
sale of gasoline is allowed in a Planned Commercial Development (PCD) district, but wltn G
minimum separation of 200 feet between any gas pump island or canopy and the adjacent nght-
of-way. Due to the built status of Sam's Club, the proposed pump islands and canopy cannm be
located 200 feet from any right-of-way without interfering with current operations and onsHe
circulation. In all other zoning districts in which the sales of gasoline is allowed, the pump Island
canopy may be located 20 feet from a right-of-way. The master plan submitted with tbe
requested annexation, land use and rezoning depicts the canopy approximately 50 reet from the
right-of-way of Seacrest Boulevard. At the time of first reading of the ordinances, staff described
the anticipated modification of the code regulations needed to accommodate the proposed
improvement, and that the requisite amendment would be timed with final approval of the
annexation and rezoning. Therefore, staff is proposing this code amendment, wpich would create
an opportunity for a waiver request in connection 'witb an annexation. This would allow eXlsting
projects annexed into the City, whicb cannot fully meet certain development regulations, to seek
a waiver and mitigate any potential impacts,
PROPOSED AMENDMENTS
Existin!! relrolations:
1. Cemeteries as accessory to Funeral Homes.
Currently, the C-l (Office and Professional) zoning district includes Funeral Homes as a
permitted use and as a conditional use when it includes a Crematorium. The corresponding
citations are as following:
. Section 6.A.l.c. - Funeral Homes
. Section 6.A.1.d. - Funeral Homes with Crematorium*
(*conditional use)
Note: Any use allowed in the C-l district is allowed in the C-3 district as well.
2. Minimum setbacks for accessory fuel pumps.
Currently, the Supplemental Regulations, Section 11. L. 4.a.(c) outlines the development
standards for "Commercial Establishments Engaged In The Retail Sale Of Gasoline 0,. Gasoline
Products ", and in particular, the distance the pump island canopy may be from a right-of-way.
The LDR currently reads as follows:
· Section 11. L. 4.a.(4)(c) - No gasoline pump island or canopy shall be located less than
two hundred (200) feet from any public right-of-way.
CDRV 09-003/CDRV 09-004
Page 3
Proposed relllilations:
Staff proposes to amend the regulations governing cemeteries, currently allowed only in the
Public Usage (PU) zoning district and also gasoline dispensing establishments, when proposed as
an ancillary use to a principal use in the Planned Commercial Development (PCD) district, in
order to adequately accommodate Sam's Club and the Palm Beach Memorial Park upon their
annexation into the City. The proposed amendments are as follows:"
1. Amend the Community Commercial (C-3) district regulations to ADD a new use to be
described as follows:
. Section 6. C. 1.mr. - Funeral Homes with Cemetery, on parcels in excess of 10 acres:
and,
2. Amend the Supplement Regulations, and in particular, "Commercial Establishments
Engaged In The Retail Sales Of Gasoline Or Gasoline Products" regulations to ADD:
. Section 11. L. 4.a.(4)(e) - 'Waivers of provisions 4.a. (a) tbru Cd) above, may be granted
by the City Commission for existing projects annexed into the City, when the regulation
cannot be fully complied with, but where the intent of the LDR is met. The applicant
shall provide justification of the waiver and submit a mitigation plan off-setting the
impact.
RECOMMENDATION
Staff recommends the proposed amendments consistent with the action to annex the subject
parcels and move forward toward squaring off the City boundary, while preserving the intent and
quality of the City's LDR. As such, staff recommends that the proposed amendments to Land
Development Regulations be approved.
S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 09-003 & CDRV 09-004\CDRV 09-00e.CDRV 09-004 Setbacks, Funeral Home
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XII. - LEGAL - 1st Reading
ITEM C.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7, 2009 June 15.2009 June 10, 2009 June 8, 2009
~ July 21,2009 July 6, 2009 Julv 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 Julv 13, 2009
0 August 18, 2009 August 3, 2009 Julv 29, 2009 July 27, 2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Lellal - Other
0 Code Compliance & Lellal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION:
percent.
Adoption of an Ordinance reducing the water utility rates by seven (7%)
EXPLANATION: At the budget workshop on July 14, 2009, Commissioner Weiland requested to
discuss at the next City Commission meeting the possibility of reducing the water rates by seven (7%)
percent, which were increased on May l, 2009 via Ordinance 09-019. That would be accomplished
through the adoption of the draft Ordinance which accompanies this agenda item. The current water
rates are attached hereto.
PROGRAM IMPACT: The proposed budget called for a 7% rate reduction, which would be effective
October 1 st. This ordinance moves up the effective date by about two months.
FISCAL IMPACT: Annual impact: $2,443,609. A two-month additional impact with early
implementation would be: $407,000. The mechanics of the 7% reduction warrant further discussion as
staff is currently analyzing the impact of the reduction as it would effect the base service charge and the
user commodity charge.
Note: Staffwill prepare a side-by-side comparison of current rates with several models showing the
customer cost with a 7% rate reduction.
The Utilities 4-6 month operating reserve funds have been reduced to 1.5 months and a user roll back
may decrease it further. The average Utilities monthly expenditure, according to the most recent
Comprehensive Annual Financial Report (CAFR), is $2,546,292.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
ALTERNATIVES:
1. Leave water rates as they are.
2. Reduce the water rates by different percentage.
3. Place effective date of rate reduction to October 1, 2009.
4. Generate a rebate, on annual basis for instance, for the customers.
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Assistant to City Manager
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City Attorney' Finance
City Attorney
Department Name
S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CURRENT WATER RATES
SCHEDULE I. POTABLE WATER RATES
(a) Residential and Commercial rates inside city:
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons! 30,000 50,000 50,000
( Residential) (Commercial) month* gallons! gallons! gallons!
month* month* month*
2008-09 $10.77 $21.54 $1.52 $2,72 $3.62 $4.46
2009-10 $10,77 $21.54 $1.52 $2.72 $3.62 $4.46
2010-11 $11.57 $23,13 $1,55 $2.77 $3.70 $4,56
2011-12 $11.95 $23.90 $1.57 $2,80 $3,74 $4.60
2012-13 $12,91 $23.90 $1,60 $2,86 $3.82 $4,71
(b) Residential and Commercial rates outside city:
Fiscal Base Facility Base Facility 0-9,000 9,001- 30,001- Over
Year Charge Charge gallons! 30,000 50,000 50,000
( Residential) (Commercial) month* gallons! gallons! gallons!
month* month* month*
2008-09 $13.46 $26,93 $1,90 $3.40 $4,52 $5.59
2009-10 $13.47 $26,93 $1,90 $3.40 $4.52 $5.59
2010-11 $14.46 $28.92 $1.94 $3.47 $4.62 $5,70
2011-12 $14,94 $29,87 $1,96 $3,50 $4,66 $5.76
2012-13 $16,13 $32.27 $2,01 $3.58 $4.77 $5.89
SCHEDULE II. WASTEWATER RATES
(a) Residential and commercial rates inside city:
Fiscal Base Commodity Rate Dollars Rate If No Water
Per Thousand Gallons Meter
2008-09 $16,54 $1,98 $30.42
2009-10 $16.54 $1.98 $30.42
2010-11 $17.52 $2,01 $31.62
2011-12 $17,83 $2,02 $31.99
2012-13 $19.32 $2,07 $33.80
(b) Residential and commercial rates outside city:
Fiscal Base Commodity Rate Dollars Rate If No Water
Per Thousand Gallons Meter
2008-09 $20.68 $2.48 $38,05
2009-10 $20.68 $2.48 $38,05
2010-11 $21,91 $2.52 $39.55
2011-12 $22.29 $2.53 $40,02
2012-13 $24.15 $2,59 $42,28
,
-'
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA
AMENDING ORDINANCE 09-019 AND THE \VATER
AND SANIT ARY SEWER RA TES ESTABLISHED
THEREIN; PROVIDING FOR A SEVEN (7%) PERCENT
ACROSS THE BOARD RATE REDUCTION TO ALL
RATE CA TEGORIES; AND PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
ORDINANCE NO. ()9- "
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14 I WHEREAS, on April 2 L 2009. the City Commission of the City of Boynton Beach
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15 I adopted Ordinance 09-019 which implemented water and sanitary sewer ralc increases: and
16 I WHEREAS, the City Commission has determined that the rate increases have had a
17 I significant negative impact on City rate payers; and
18
WHEREAS, a seven (7%) percent reduction across the board would result 111
19 immediate relief; and
II
20 II WHEREAS, the City Commission of the City of Boynton Beach deems it to be in thl'
21 II best interests of the citizens and residents of the City to reduce the water and sanitary sc\\er
II
rates established by Ordinance 09-019 by seven (7%) percent across the board,
I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
I!
I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I
I Section 1. Each Whereas clause set forth above IS true and correct and
I
I incorporated herein by this reference.
,
I Section 2. That all water and sanitary sewer rate categories established h\
I
I Ordinance 09-019 shall be reduced by seven (7%) percent across the Board,
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I Section 3. All ordinances or parts of ordinances in cont1ict herewith be and the
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II same are hereby repealed.
2
Section 4.
Should any section or provision of this ordinance or portion hereof,
3 any paragraph, sentence or word be declared by a court of competent jurisdiction to be
4 invalid, such decision shall not affect the remainder of this ordinance.
5
Section 5.
Authority is hereby granted to codify said ordinance.
6
Section 6.
This ordinance shall become effective immediately.
FIRST READING this _ day of
,2009.
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24 ATTEST:
SECOND, FINAL READING AND PASSAGE this
,2009.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
25
26
27 Janet M. Prainito, CMC
28 City Clerk
29
30
31 (CORPORATE SEAL)
Commissioner - Marlene Ross
"7
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33 S:\CA\Ordinances\Utility>Water Rates reduction 0910,doc
2
XII. - LEGAL
ITEM 0.1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ril 21, 2009
D 5,2009
D 19,2009
D June 2, 2009
D June 16,2009
D Jul 7,2009
t8:I Jul 21,2009 Jul
D Au ust 4, 2009 Jul
D AnnouncementslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM t8:I Consent Agenda t8:I Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Please place this tabled item on the July 21, 2009 City Commission agenda under
Consent Agenda - Resolutions. The City Commission tabled this item a third time in connection with the tabling of the
corresponding items for annexation, land use amendment and rezoning. The tabling was again at the request of the applicant,
but this time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event
that it involved litigation. The planned meeting of Walmart officials took place on July 8th. Staff continues to endorse this
Resolution, which approves and authorizes execution of an Annexation Agreement as part of the annexation of the Palm
Beach Memorial Park property. For further information on this request, please see the explanation below, the accompanying
resolution and proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Commission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
21 51 update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Northstar Palm
Beach, LLC, owner of the Memorial Park. The Palm Beach Memorial Park/Sam's Club land use amendment was approved by
the Commission for transmittal to the DCA on January 20,2009, and [mal adoption is now scheduled for July 21st. The
annexation agreement primarily accomplishes the following: 1) documents the plan to construct a mausoleum and/or
crematorium on the Property and the conditional use status of such use within the C-3 zoning district; 2) recognizes the plans
for placement of a billboard at the northwest comer of the property and the applicability of the City's billboard settlement
agreement; 3) documents the financing plan offered by the city for subsequent utility infrastructure costs; and 4) commits the
City to monetary contributions in connection with billboard siting costs. A general location map is attached hereto as
Attachment "C".
With respect to item #2 above, the location of the proposed billboard at the northwest comer of the property is intended to
maximize its distance from the adjacent residential land use, which ensures compliance with the residential separation
requirement of the settlement agreement. Paragraph #11 of the proposed annexation agreement has been amended, subsequent
to the June 16th meeting, to reference the targeted northwest comer location and the City's acceptance of same, and to
recognize the prevailing settlement agreement and the City's obligation to process and approve the billboard request
contingent upon compliance with the agreement and building code requirements.
With respect to item #4 above, paragraph #14 has also been modified subsequent to the June 16th Commission meeting to
specify what is and is not a cost eligible for reimbursement, describe the process for invoicing the City for said costs, to grant
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
the City the right to request copies of documentation on the reimbursable costs (in lieu of requiring costs to be certified h, <I
licensed professional civil engineer), and the time frame for delivering the reimbursements. As indicated previously, the
agreement details the terms by which the City will provide financing for the ultimate utility improvements, and the t\W
monetary obligations that have recently been agreed upon and therefore were not part of the original utility financing
provision as explained to, and agreed upon by the Commission on October 21. 2008 (see Attachment "A"), As described
below in the excerpt from the agreement, this additional $35,000 includes $30,000 toward documented infrastructure costs
associated with the location of the billboard at the northwest comer of the subject property, and $5,000 for the consideration
of clarification and limitation on the lighting provisions as described in paragraph #8 of the billboard settlement agreement
The entire paragraph #14 is now drafted to read as follows:
Financinf{ Assistance, At such time that Owner connects to the City's water and sewer ~)'stem, City agrees to finance
portion of Owner's construction costs for installation of materials and connection to the City's water and sewer lines
Spec(fical(v, Owner shall be required to make an initial payment in the amount of $30,000,00 toward such il~fi'astructul(
improvements, with the balance of the construction costs borne b.v the City, OV<'Iler shall be required to repm' the Cin on
month(v basis over a ten (10) year period through a utility bill surcharge.
H1ith respect to the installation of a billboard per Paragraph J I, the City shall reitnburse the O'tl'ner j(J]" OUT oj pOCAer Sfle
development and related costs paid to third parties associated with the installation of a billboard that conforms to the Ii'rms
of Paragraph II, in an amount not to exceed $30,000,00, The City is not obligated to reimburse Ownerfor any Owner (().\is
incurred in administration of the work or for any Owner overhead or profit associated with the site improvemel/ts Sill'
development cost eligible for City reimbursement shall be limited to (1) landscaping and other buffer elements, including
without limitation a buffer wal!, within a 120 feet distance from the billboard structural foundation, (2) legal fees assocwted
with and relating to the relocation of the billboard to the Northwest corner of Owner's property and the causes therefor and
(3) the construction of vehicular access necessary to support maintenance of the billboard. Requestfor reimbursement shall
be consolidated on one invoice to be submitted to the Cit.y at the completion of the improvements. The City reserves the right
to require copies of an.v and all supporting documentation of site development work, including copies of all contractor
invoices and material purchases, It is the duty of Owner to provide third party invoices which include detailed material
quantities and unit costs and the work shall be reasonab(v associated v.'ith the various site development componelUs The
City shall reimburse the Owner according to this paragraph within sixty (60) days of submittal to the City of the il/VIJ/cc ,md
requested supporting documents, unless the supporting documents reflect, in the judgment of the City. costs and/or cl1Ilrge.\
which exceed standard and customQl)l rates, in which case payment may be delayed until the parties meet on an expedited
basis and resolve the discrepancy in costs or charges sought for reimbursement,
The City will also pay, jointly to Owner and the Billboard Vendor, $5, OOG. 00 in consideration ofa commitment }roll1 Owner
and Billboard Vendor acknowledging and committing that the billboard proposedfor the Property is limited to lighting
devices which illuminate the sign face fi'om an external appendage to the sign and not lighting that emanates ji-om within the
sign or ji-om the sign face, such as a full color or LED display system. All other restrictions on lighting contained in
paragraph 8 which prohibit flashing, intermittent or moving lights shall continue to app(v, Owner shall obtain a written
acknowledgement and consent from the Billboard Vendor ~vith respect to this commitment,
Additional changes made to the agreement, subsequent to the last Commission meeting, are summarized as follows: the
"effective date" text (Section #6) references the corresponding ordinances with which this item is being processed: the
addition of an acknowledgment of the compatibility ofthe existing use of the property with the City" s land use map and
zoning regulations (Section 7.b); the omitting of text that states the current compliant status of all existing improvements on
the property (formerly Section 7.c); the omitting of text within Section #9 regarding interim permit review and inspections:
and the removal of the reference to the settlement agreement in the last paragraph of Section #14, to prevent this agreement
from being affected by any interpretation issues involving the settlement agreement and sign lighting.
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard.
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMP ACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's annual property tax revenues.
ALTERNATIVES:
Not approved the resolution which is a prerequisite to the annexation of the subject property.
dA-L(/~
L/' Gty Manager's Signature
Assistant to City Manager ~
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Develo
Planning and ng Director City Attorney / Finance
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RESOLUTION NO. R09-084
A RESOLUTION OF THE CITY COMMISSION OF
BOYNTON BEACH, FLORIDA. APPROVING AND
AUTHORIZING THE MAYOR TO EXECVTE AN
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND NORTHST AR PALM BEACH, LLC.
REGARDING ANNEXATION OF NORTHSTAR PALM
BEACH PROPERTY INTO THE CITY BOUNDARY.
WHEREAS, NORTHST AR PALM BEACH. LLC is the fee simple owner pf
certain real property located in unincorporated Palm Beach County. Florida ("County";
which is located at 3691 Seacrest Boulevard in the City~ and
WHEREAS, the Parties desire to annex the Prope11y into the City's municipal
boundaries and have initiated the process required by law to enact an ordinance aooptll1g a
petition for voluntary annexation of the Property into the City. pursuant to '\ection
171,044(2), Florida Statutes ("Annexation"): and
WHEREAS, Owner has previously constructed certain llnprovements !l,r
commercial, retail and service uses on the Property: and
WHEREAS, the parties desire to enter into this Agreement to memorialize and
document their understanding and agreement with respect to annexation. future development
and use of the Property: and
WHEREAS. the City Commission 01 the City of Boynton Beach. upon
recommendation of staff. deems it to be in the best interest of the residents and citizens ot
the City of Boynton Beach to approve the Annexation Agreement between the (']1\ 01
Boynton Beach and NORTHSTAR PALM BEACH. LLC
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
!
1 i
Section 1.
Each Whereas clause set forth above IS true and correct and
2 incorporated herein by this reference.
3
Section 2.
The City Commission of the City of Boynton Beach, Florida does
4 hereby approve and authorize the Mayor the execute the Annexation Agreement between the
5 City of Boynton Beach and NORTHSTAR PALM BEACH, LLC to document their
6 understanding and agreement with respect to annexation and subsequent improvement of the
7 Property; a copy of said Annexation Agreement is attached hereto as Exhibit "A".
8
Section 3.
That this resolution becomes effective immediately upon passage.
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PASSED AND ADOPTED this ih day of July, 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor, Jerry Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Jose Rodriguez
23 Commissioner - Marlene Ross
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 (Corporate Seal)
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VI-CONSENT AGENDA
ITEM J,
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requ~sted CIl)' CommISSion Date Final Form Mus; be 'um~d Keau~sted :::1t\ :::nmmlss:on
Meeting Dates In to CilV Clerk's Office Meellng Dates
0 A.ugu51 1 ~ 2008 August 4, 2008 (Noon I [SJ ~):rober 2l 20m
0 September 2, 2008 August ] 8, 2008 (Noon I CJ November:, 2008
0 September 16,2008 September 2, 2008 (Noon) I November 18,2008
n October 7, 2008 September 15, 2008 (Noon! :=J December 2. 20m
Date Fma, :=om: Must bc"7 urne"
tr: to ::: I1v Cieri: 'r Office
i~.lctober t 200,: '!~(Jon I
CJCWDer 2C 2008 ,'Noon
November, 200[, (Noon
NovemDer i - 2008 (Noon
0 AnnouncementslPresentations i City Manager's Repon
'-.J
NATURE OF 0 Administrative n New Business
AGENDA ITEM ~ Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements D Unfinished Business
U Public Hearing
RECOMMENDA TJON: Possible Annexation ofPropeny at Hypoluxo and Seacrest - Authorize Staff to enter into utilir:
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a I (I year penod Authonze
staff to prepare amendment of 200 1 Billboard Consent Decree,
EXPLANA nON: The City has been discussing the annexation of Palm Beach Memorial Park, a :5.6 acre parcel of propeflv
located on the west side of Sea crest near Hypoluxo, The property is used as a cemetery and funeral home, The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Ciub.
Best Western Hotel, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits, The path to gaining contiguity is annexation of the cemeter,
property. Recently, the City was also contacted by Sam's Club because they desire to instali a retail fueling facility at thi,
store, Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider ajoint application ror annexatton
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexattor.
Palm Beach Memorial Park desires to hook up to the City's utiiity system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100.000 and $110.0CiQ,
according to Boymon Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memoria!
Park has requested City cost participation in the construction of these lines. Staff is proposing that Palm Beach Memoria:
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a ) 0 -yea~
payback provision as part ofa utility bill surcharge, Palm Beach Memorial Park has tentatively agreed to this aITangemen~
In addition, the cemetery is requesting authorization from the City to allow the installation oftne one of two remaining :_0~
billboards from the 200 I Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended, Subject to an acceptable loc;ation o]tn~.'
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery propen',
The working relationship between the City and Hardin Holdings (the billboard company) has been very good, Sam '5 Ciui
upon annexation proposes to install the retail fueling facility, which is very similar to the one at 81's Wholesale Clue
PROGRAM IMP ACT: The annexation of Palm Beach Memorial Park will allow the Cit)' to also anneA the commer:I;,
property at the SW corner of Hypoluxo and Seacrest All businesses except the gas statIon at the SW corner have signee
utility pre-annexation agreements with Boymon Beach, Because the proposed land use amendment reqUIres revIew by tile
Florida Department of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot tak~
place until calendar year 2009 meaning that the Clr:' will not receive property taxes until 2010
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AGENDA ITEM REQUEST FORM
FISCAL IMPACT: Based on the 2008 property tax rate of .64553, the assemblage of property will contribute $120.000
annually to the City in property tax revenues b::ginning in 2010. The estimate is based on the following calculations:
Property Tax Calculation - Seacrest/Hypoluxo Annexation
2008 BB Rate;>;>
0.64553
Business Name
Address Street
peN
200B Value
Per PAPA Site
Projected
Taxes to BB
2008 Rate
Sam's Club 7233 Sea crest Blvd 00-43-45-09-23-000-0010 $ 10,222,556 $ 65,990
Best Western 7051 Sea crest Blvd 00-<13-45-09-23-000-0022 $ <1,604,099 $ 29,721
Taco Bell/Pilla Hut 7035 Sea crest Blvd 00-43-45-09-23-000-0030 $ 1.358.275 $ B,76B
Pope yes Chicken 701:\9 Sea crest BlVd 00-43-45-09-23-000-0021 $ 869,583 $ 5.613
Palm Beach Memorial Park 3691 5eacrest Blvd 00-43-45-09-05-001-0020 $ 1.580,000 $ 10, 199
Est Annual to City S 120,291
(After 1/1/2010)
KB: 10/12/08
AL TERNA TIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park, This will stop the annexation discussions with Palm Beach
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town of
Lantana or secure approval of their expansion plan from Palm Beach County even though they prefer annexation into
Boynton Be~h. )
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Department Head's Signature city Manager's Signature
Assistant to City Manager
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Department Name
City Attom::y I Finance
5 \BULLETIN\FURMS\AGE~DA ITEM REQUEST FORM Dil('
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IX.- CITY MA.NAGER'S
REPORT
CITY OF BOYNTON BEACH ITEM E
AGENDA ITEM REQUEST FORTVl
Requested CIty
Comrrussion Meenng
Dates
Date Final Form Must be
Turned in to Cltv Clerk's
Office
Requested City
Comrrussion Meenng Dates
Dalt Fmal rom: Mus: r,'
Tumed In to Clt'- Cieri.
Office
April 2 L 2009
April 6. 2009 (Noon)
; 0 i June] 6. 2009
!
June l 2009 n"oon I
May 5, 2009
A ril 20. 2009 (Noon)
Julv 7. 2009
June 15.2009 (Noon I
May! 9. 2009
May 4, 2009 (Noon I
Julv 21, 2009
Julv 6. 2009 (Noon I
o I June 2, 2009
I Mav 18. 2009 (Noon I
AUlmst 4. 2009
Julv 20, 2009 (Noon)
o
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o
i 0 Legal
i
I
I NATURE OF
I AGENDA ITEM
o AnnouncernenrslPresentations
I
o I AdministratIve
I 0 Code Comnliance & Le al Settlements
i
o \ UnfinIshed Busuless
o Public Heanng
o
RECOMMENDATION: Please place this request on the April 21,2009 City Commission Agend2 under City
Manager's Report Tnis item is a Status Report on the Voluntary Annexation of the Palm Beach Memorial Park and Sam',
Club properties.
EXPLANATION: The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Comrrusslon
for transmittal to the DCA on January 20, 2009, and we understand that the DCA has completed its review without objections
(written confirmation from the DCA is expected this week), This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial infonnation item presented to the Commission in
October of2008, and within the project staff report. The issues are best surrnnarized individually, along with the
corresponding solutions and status. The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam. 5
Club property which includes a "froger" extension north to Hypoluxo Road. This includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated propenies (consisting of 1 hotel and 3 restaurants), Consequent1:;..
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff SOLUTlO]\':
Execute an ItA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club properi}', they are annexable once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of mtent, city staff offered to enter into an ILA that would document the
city's plan to annex this "pocket", STATUS: Tne ILA has been drafted by County staff and will be considered by the Cit)
Cormmssion concurrent with the final adoption of the annexation ordinance (see below for starns), Although the ILA wa, also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexatJor:. the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach,
2'1 Conditions of annexation - Re::all that representatives for the properties both have conditions of annexation ",
eDSure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plans to build"
crematorium, the riming of installation of and payment for utility hookups. and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoption of
the annexation ordinance, An agreement with the respective nroperty owners will adlieve the necessary recognition.
S\RULLETIN\FORMS\AGENDA ITEM REQUEST FORM,nOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
commitment, documentation, necessary in connection with the needs of the two property owners. With respect to the
.__. _billboard, its ultimate location on the property wiD be pursuant to the provisions of a 200 I settlement agreement, WhlCh
requires it to be separated from a residential use by at least 250 feet. It should also be noted that one commitment will include.
as anticipated, the timely amendment of the City's LDRs to amend setback requirements applicable to accessory fuel sale
operations In a Planned Commercial Development zoning district (PCD), STATUS: The agreements are in the process of
being drafted, through the necessary communications between the agent for the applications and the City Attorney. The
agreements will be forwarded for Commission consideration concurrent with Final Reading of the annexation ordinance,
Lastly, the applicant has requested an amendment to the 2001 billboard consent decree to allow placement of a billboard at a
setback of 150 feet This request is being reviewed by City staff.
As for the DCA's review process, the proposed amendment to the City's Comprehensive Plan Future Land Use Map has heen
reviewed by the State (the State does not review the corresponding applications for annexation and rezoning), A verbal,
informal communication was received from the State indicating that the State' s review was [!Dished and there would be Ill'
objections raised. Staff anticipates receiving the official written notice from the State this week, Once received, the CIty may
proceed to the adoption stage which includes another legal notice placed in the newspaper. Depending upon the status of the
corresponding annexation agreements, staff anticipates placing this on either the May 19th or June 2M Cmn.'nission agenda
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres ofland along North Seacrest Boulevard.
FISCAL IMP ACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocket
properties) are anticipated to contribute approximately $120,000 to the City's aIUlual property tax revenues.
ALTE~pTIVES: ,,> Information only; no action is required at this time, , )./)
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S :\PlanningISHARED\ WP\PROJECTSlSams Club PB Memorial\ANEX 04-001 \Agenda Item Reques\ 4-21-011 . Status only,doc
S:\BULLETfN\FORMSIAGENDA [TEM REQUEST FORM.DOI'
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SAMWS CLUB AND NORTHSTAR PROPERTIES
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ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this_
day of , 2009 by and between the CITY OF BOYNTON BEACH, FLORIDA, a
municipal corporation ("City"), and NOR THST AR PALM BEACH, LLC, a Florida limited liability
company ("Owner").
WIT N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 3691 Seacrest Boulevard in the City and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"); and
WHEREAS, the Parties desire to annex the Property into the City's municipal boundaries and
have initiated the process required by law to enact an ordinance adopting a petition for voluntary
annexation of the Property into the City, pursuant to Section 171.044(2), Florida Statutes
("Annexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City and
reasonably compact, and the City desires to annex the Property into the City; and
WHEREAS, Owner has previously constructed certain improvements for cemetery and
associated ancillary uses on the Property; and
WHEREAS, the parties believe it is in their mutual best interest to initiate the process
required by law to enable Owner to maintain, operate and develop the Property in accordance with
the terms and provisions of this Agreement; and
WHEREAS, the parties desire to enter into this Agreement to memorialize their
understanding and agreement with respect to annexation of the Property.
NOW, THEREFORE, in consideration of the mutual promises, undertakings, terms and
conditions set forth herein, the parties mutually agree as follows:
1. Recitals: Exhibits. The foregoing recitations are true and correct and are hereby
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to this
Agreement are incorporated by reference, are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Legal Authority. This Agreement is entered into under the authority of the Florida
Constitution (including Article VIII, Section 2(b) thereof), the general powers conferred upon
municipalities by statute and otherwise, the Municipal Annexation or Contract Act ("Annexation
Act"), Florida Statutes Section 171.011 et seq., and the City's Charter.
3. Property Ownership. Owner acknowledges and represents to the City that it owns the
Property and has the authority to enter into this Agreement.
-+. App11cation for V oluntarv lumexatlOn. This Agreement shall he mC(1:i1orated in~l ,!
Application for \. oluntary i\nnexation ("Annexation Application"). 'xhich was DlT\ llHLSh suhmlk'
to the City, subject to the terms and comlitlOl1S llf this Agreement
5. /\nnexation. Owner previousl:,' voluntarily filed the b,nnexation Appl1canon wIth toe
City to annex the Property into the City's boundalies. and the City has initiated the process \11
accomplish said annexation in compliance with Section 1'" 1 . ()44C L Florida Statutes. and all other
applicable state and local laws and regulations. The City approved the voluntary annexation of
Property on First Reading on January 20. 200G, The lumexatlon Application does not becom
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval of tht"
/\11nexation Application and upon the date the last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Institutional and Public Facilities ONST) on the
Palm Beach County Future Land Use Plan Map and is included within Palm Beach
County's Residential Multifamily (R1vf) zoning category: and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to C -:
Community Commercial. The City is currently processing these land use and
rezoning applications concurrently with the /'\11nexation Application: and
(c) Owner represents that all existing uses and improvements currently located on the
Property are in conformance with all applicable zoning, land development and
building regulations of Palm Beach County and the City has accepted and relied on
those representations.
8. Prior County Action. City agrees that consistent with Section 171.CJ62. Florida Statutes
and prior to the effective date of the annexation of the Property. 10 the extent that County has
processed any changes to the land use or zoning on the Property and approved any plat( s l. sile
planes) or other development approvals, City will recognize the effectiveness of said approvals
without requiring re-review or additional approval of the City and will permit construction 01 an\
improvements for which unexpired pernlits have been issued bv the County pursuant to said
approvals.
9. Cooperation hl Development Approval Process. The City hereby agrees 10 cooperall'
with Owner in good faith in all aspects of the development review process for the Property, In thie,
regard, the City agrees that its administrative staff will facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiri es from Owner regarding such approvals. The
cooperation of the City in facilitating the expeditious development reviev-' process does not constnult'
an agreement to approve:
(a) Site plans
(b) Variances or waivers
( c) Zoning changes
(d) Certificates of occupancy
( e) Permits (building, electrical, etc...)
as approvals ofthat nature are subject to either quasi-judicial review or administrative review by the
City's building official or his designees. Nothing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is not
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
The City shall treat the Property as if it was inside City boundaries for purposes of all permitting,
inspections, and approvals for future improvements proposed upon the Property and shall review aU
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for construction of a mausoleum and/or crematOlium on the Property and confirms that
such use is a conditional use allowed by the City's C-3 Community Commercial zoning regulations,
subject to compliance with aU applicable development regulations.
11. Billboard. City acknowledges that Owner intends to submit permit applications to locate
a billboard on a portion ofthe Property. To the extent such a billboard is permitted on the Property
in accordance with that certain Settlement Agreement between City, Florida Outdoor Advertising,
LLC and Gold Coast Advertising, Inc, the City agrees that it will process such request for approval
by the City Commission as it relates to the location of the billboard on the Property. The billboard
shall be located in the Northwest quadrant of the property in a location depicted on Exhibit "B".
12. Public Facilities. The City hereby covenants that all public facilities, as defined in
Section 163.3221, Florida Statutes, including, but not limited to, roads, drainage, police and fire
service, sanitation service, parks and recreation service, and general governmental facilities, will be
available to the Property at levels of service consistent with the City's Comprehensive Plan.
13. Water and Sewer Connections. The Property is not currently connected to the City's
water or sewer system. City acknowledges and agrees that Owner may continue to operate the
Property on well and septic. Owner acknowledges that such connections will be required for the
Property prior to issuance of a certificate of occupancy for any future development proposed on the
Property resulting in an increase in water and septic usage equal to or exceeding five (5%) or Ten
(10) years from the date of this Agreerpent, whichever occurs first.
14. Financing Assistance. At such time that Owner connects to the City's water and sewer
system, City agrees to finance a portion of Owner's construction costs for installation of materials
and connection to the City's water and sewer lines. Specifically, Owner shall be required to make an
initial payment in the amount of $30,000.00 toward such infrastructure improvements, with the
balance of the construction costs borne by the City. Owner shall be required to repay the City on a
monthly basis over a ten (10) year period through a utility bill surcharge
V/ith respect 10 the installation of a hillboard per Paragraph] !. the e]ty shall re]mbur,;~: '.h;::
for site development costs associated with the installation of a 11] llhoard that cOllfom!s 1(1 the leml'
Parasrraph 11 in an amount not to exceed S3(IJI()(1 subjecllO receipt of cenified costs prcwldcd l'
licensed professional civil engineer
The City will also pay, jointly to Owner and the Billboard Vendor SS.()O(l,OO in consideration lY
clarification and limitation of parabrraph 8 of the Settlement Agreement between City. floncia
Outdoor Advertising, LLC and Gold Coast Advertising, lnc whicb relates to Sl~'11 lighting
~otwithstanding any other interpretation of paragraph, sign lighting is limited to lighting dev]ces
which illuminate the sign face from an external appendage to the sign and not lighting tbat emanates
from within the sign or from the sign face, such as a full color or LED display system, All other
restrictions on lighting contained in paragraph 8 shall continue to apply, Owner shall obtain a written
acknowledgement and consent from the Billboard Vendor with respect to this lighting provision
15, Recording. This Agreement shall be recorded in the public records of Palm Beacl':
County, Florida upon execution by all parties hereto.
16. Necessity of Complying with Local Laws. The parties agree that the failure of tlm
Agreement to address a plli-ticular permit. condition, tem1 or restriction shall nor reheve Owner of the
necessity of complying with the law governing said permitting requirements, conditions, tenns or
restrictions.
17. Default. If the City shall default in any of the terms, covenants and/Or provisions ofth1s
Agreement to be performed on the part of the City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity.
including, without limitation, the right to specific performance. If Owner shall default in any ohhe
terms, covenants and/or provisions of this Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein. as well as all rights and remedies
available at law and/or in equity, including, without limitation, the right to specific performance
18. Assignabilitv. Neither party shall assign this Agreement or any interest hereunder. 11,
whole or in part, without the prior written consent of the other party. which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire AlITeement. This Agreement sets forib all ofthe promises. covenams.
agreements, conditions and understandings between the parties hereto. and
supersedes all prior and contemporaneous agreements, understandings.
inducements or conditions, express or implied. oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to reler
to the masculine and neuter. singular or pluraL as the identity oftbe party or
parties, personal representatives, successors or assigns may require.
(c) Severability. The invalidity ofthe provisions hereof shall in no way affect or
invalidate tbe remainder of this A~'Teement
(d) Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
(e) Headings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws ofthe State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law,
be held in Palm Beach County, Florida.
(g) Binding Effect. The obligations imposed pursuant to this Agreement upon
the Property shall run with and bind the Property as covenants running with
the Property and this Agreement shall be binding upon and enforceable by the
parties hereto, their personal representatives, heirs, successors, grantees.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
11" \V1TNESS 'WHEREOF. the panies heret0 have execUled trllS -\nnexa110]i \!c-'T~~:::'1l1enl
the day and year written above.
WITNESSES:
NORTHST"t.R P"I\LM BEACH. LLC.
a Florida limited liability company
Print Name
B y:________ __~________
Print Name
STATE OF
)
) SS:
COlJl'JTY OF
I HEREBY CERTIFY that on this day. before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument wa:-;
acknowledged before me by . as
NORTHSTAR PALM BEACH, LLc, a Florida limited liabil1ty company, freely and voluntarih
who are personally known to me or who has produced ______________._____ as identification
WITNESS my hand and official seal in the County and State last aforesaid this __. d3\ 01
,2009.
Notary Public
TYIJed, printed or stamped name of Notary Public
My Commission Expires:
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
CITY
CITY OF BOYNTON BEACH
By:
Mayor
day of
,2009.
XHIBI /J.
Boynton Memorial Cemetery
Legal Description
Situated in the City of Lantana, County of Palm Beach and State of Florida, and known as
being a part ofthe Replat of Part of Lincoln M emoriai Gardens as recorded in Plat Book
25, Page 225, and further described as follows:
Beginning at a Concrete Monument found in the West right of way line of Sea crest
Boulevard, a variable width public right of way; thence along the West right of way line
of said Seacrest Boulevard, South 02 degrees 29' 14" West, 101.75 feet to the point of
beginning for the parcel of land described herein:
Thence, continuing South 02 degrees 29' 14" West, 1289.48 feet to a point;
Thence, North 87 degrees 30' 24/1 West, 92.00 feet to a point;
Thence, South 02 degrees 29' 14" West 93.00 feet to a point;
Thence, North 87 degrees 30' 46" West, 81.83 feet to a point;
Thence, North 01 degrees 01' 59/1 East, 156.13 feet to a point;
Thence, North 87 degrees 30' 46" West, 33.81 feet to a point;
Thence, North 01 degrees 01' 59" East, 2.74 feet to a point;
Thence, North 87 degrees 30' 46/1 West, 326.39 feet to a point;
Thence, South 01 degrees 01' 59" West, 12.00 feet to a point;
Thence, North 87 degrees 30' 46/1 West 148.72 feet to a point;
Thence, South 01 degrees 01' 59/1 West, 19.03 feet to a point;
Thence, North 87 degrees 30' 46/1 West, 176,44 feet to a point on the East right of way
line of State Route No.9, a variable width public right of way;
Thence, along the East right of way line of said State Route No, 9, North 01 degrees 01'
59" East, 1174.86 feet to a concrete disk found;
Thence, South 88 degrees 55' 16/1 East, 344.35 feet to a point;
Thence, North 03 degrees 27' 44" East, 160.14 feet to a point;
Thence, South 88 degrees 55' 16" East 462.94 feet to a point;
Thence, South 01 degrees 04' 47" West 101.75 feet to a point;
Thence, South 88 degrees 55' 16" East, 80.00 feet to the point of beginning, and
containing 25.6973 acres (1,119,376 Sq. Ft.)
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XII. - LEGAL
ITEM 0.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
0 A ril21, 2009
0 Ma 5,2009
0 Ma 19,2009
0 June 2, 2009
0 June 16, 2009
0 Jul 7,2009
0 Jul 21,2009 Jul
0 Au ust 4, 2009 Jul
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda 0 Legal
0 Code Comp!ia!lCe & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this tabled item on the July 21, 2009 City Commission agenda under
Consent Agenda - Resolutions. The City Commission tabled this item a third time in connection with the tabling of the
corresponding items for annexation, land use amendment and rezoning. The tabling was again at the request of the applicant,
but this time to postpone action until after Walmart officials revisited their corporate position on the annexation in the event
that it involved litigation. The planned meeting of Walmart officials took place on July 8th. Staff continues to endorse this
Resolution, which approves and authorizes execution of an Annexation Agreement as part of the annexation of the Sam's
Club property. For further information on this request, please see the explanation below, the accompanying resolution and
proposed annexation agreement.
EXPLANATION: Staff summarized the many issues related to the annexation of the Palm Beach Memorial Park and
Sam's Club properties in prior agenda items to the City Commission, including the October, 2008 item requesting
authorization to enter into a utility extension agreement with Palm Beach Memorial Park (see Attachment "A"), and the April
21 st update report (see Attachment "B"). Staff included in the update report an explanation on the use of separate annexation
agreements to address the principal issues. The subject resolution covers the annexation agreement with Walmart Stores Inc.
The Palm Beach Memorial Park/Sam's Club land use amendment was approved by Commission for transmittal to the DCA
on January 20,2009, and final adoption is now scheduled for July 21st. The annexation agreement primarily achieves the
following: 1) acknowledges the built and compliant status of the existing improvements; 2) recognizes the deficiencies in
landscaping along the southern boundary of the project and requires the rectification of said deficiencies prior to issuance of
any subsequent building permits; 3) acknowledges the plans to add an accessory fuel service center to the property and
remodel portions of the existing fayade and entry; and 4) ensures that any prerequisite code amendments related to fuel sales
would be initiated by the City. A general location map is attached hereto as Attachment "C". Please note that agreement has
been modified since the June 16th meeting. The changes are summarized as follows: the "effective date" text references the
corresponding ordinances with which this item is being processed; an acknowledgment of the compatibility of the existing use
of the property with the City's land use map and zoning regulations; the omitting of text that states the current compliant
status of all existing improvements on the property; and the omitting of text within Section #9 regarding interim perIT'it review
and inspections.
PROGRAM IMP ACT: This process and corresponding prerequisites are necessary for the ultimate annexation of
approximately 45 acres of land along North Seacrest Boulevard.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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AGENDA ITEM REQUEST FORM
FISCAL IMPACT: The overall annexations (the Palm Beach Memorial Park/Sam's Club properties and the pocL:t
properties) are anticipated to contribute approximately $] 20,000 to the City's annual property tax revenues,
AL TERNA TIVES:
Not approved the resolution which is a prerequisite to the annexation of the subject property
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S'\Planning\SHARED\WP\PROJECTS\Sams Club PB Memorial\ANEX 09-00] \Agenda Item Request 7-21-09-Anx Agree Sam', Club doc
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1 RESOLUTION NO. R09-085
2
3 A RESOLUTION OF THE CITY COMMISSION OF
4 BOYNTON BEACH, FLORIDA, APPROVING AND
5 AUTHORIZING THE MAYOR TO EXECUTE AN
6 AGREEMENT BETWEEN THE CITY OF BOYNTON
7 BEACH AND W AL-MART STORES, INC., A DELA WARE
8 CORPORATION, REGARDING ANNEXATION OF WAL-
9 MART STORES ("SAM'S CLUB") PROPERTY INTO THE
10 CITY BOUNDARY.
11
12
13 WHEREAS, W AL-MART STORES, INC. is the fee simple owner of certain real
14 property located in unincorporated Palm Beach County, Florida ("County") which is located
15 at 7233 Seacrest Boulevard in the City; and
16 WHEREAS, the Parties desire to annex the Property into the City's municipal
17 boundaries and have initiated the process required by law to enact an ordinance adopting a
18 petition for voluntary annexation of the Property into the City, pursuant to Section
19 171.044(2), Florida Statutes ("Annexation"); and
20 WHEREAS, Owner has previously constructed certain improvements for
21 commercial, retail and service uses on the Property; and
22 WHEREAS, the parties desire to enter into this Agreement to memorialize and
23 document their understanding and agreement with respect to annexation, future development
24 and use of the Property; and
25 WHEREAS, the City Commission of the City of Boynton Beach, upon
26 recommendation of staff, deems it to be in the best interest of the residents and citizens of
27 the City of Boynton Beach to approve the Annexation Agreement between the City of
28 Boynton Beach and W AL-MAR T STORES, rNC..
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
Each Whereas clause sel 10l1h al1\'\ \. !., 'rue ,mc1 L( 11'1\>
!lei
incorporated herein by this reference.
Section 2.
The City Commission of the City of Boynton Beach, Florida d()~s
4 hereby approve and authorize the Mayor the execute the Annexation Agreement betv,een the
5 City of Boynton Beach and W AL-MART STORES INC. to document their understanding
6 and agreement with respect to annexation and subsequent improvement of the PrOperl). a
7 copy of said Annexation Agreement is attached hereto as Exhibit "A",
20
21
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8
9
10
11
12
13
14
15
16
17
18
19
Section 3.
That this resolution becomes etlective immediately upon passage
+11
PASSED AND ADOPTED thisL~ day of July. 2009.
CITY OF BOYNTON BEACH, FLORIDA
Mayor, Jerry Taylor
Vice Mayor - Woodrow L Hay
Commissioner - Ronald Weiland
ATTEST:
Commissioner - Jose Rodriguez
23 Commissioner .. Marlene Ross
24 Janet M. Prainito, CMC
25 City Clerk
26
27
28 I (Corporate Seal)
29
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VI-CONSENT AGENDA
ITEM J.
"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
.:l:
Requested City CommisSion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeling Dales in \D CilV Clerk's Office Meeting Dates In to C llv Clerk' ~ Office
0 August 19, 2008 Augus\ 4, 2008 (Noon) g] October 21, 2008 October 6, 2008 (Noon)
0 September 2, 2008 August 18, 2008 (Noon) 0 November 5, 2008 October 20, 2008 (Noon)
0 September 16, 2008 September 2, 2008 (Noon) 0 November 18,2008 November 3,2008 (Noon)
0 October 7, 2008 September 15,2008 (Noon) 0 December 2,2008 November J7, 2008 (Noon)
0 AnnouncementslPresentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDArTEM {g] Consent Agenda 0 Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECO MMEND A TION: Possible Annexation of Property at H ypoluxo and Seacrest - Authorize Staff to enter into utility
extension agreement with Palm Beach Memorial Park with a cost recovery of City costs over a 10 year period. Authorize
staff to prepare amendment of 200 I Billboard Consent Decree,
EXPLANATION: The City has been discussing the annexation of Palm Beach Memorial Park, a 25.6 acre parcel of property
located on the west side ofSeacrest near Hypoluxo. The property is used as a cemetery and funeral home. The City
previously entered into water and sewer pre-annexation agreements with property to the north which includes a Sam's Club,
Best Western Hotet, Popeye's Chicken, Taco Bell and Pizza Hut. The terms of the agreement require these parcels to annex
to the City when they become contiguous to the City limits, The path to gaining contiguity is annexation of the cemetery
property. Recently, the City was also contacted by Sam's Club because they desire to install a retail fueling facility at this
store. Staff suggested that Sam's Club work with Palm Beach Memorial Park to consider a joint application for annexation,
Staff met with representatives of both Sam's Club and Palm Beach Memorial Park last week to further discuss the annexation.
Palm Beach Memorial Park desires to hook up to the City's utility system for the two buildings on their property (Funeral
Home and Office). The estimated cost of the extension of utilities to serve both buildings is between $100,000 and $110,000,
according to Boynton Beach Utilities. While the lines would be constructed by a private contractor, Palm Beach Memorial
Park has requested City cost panicipation in the construction of these lines. Staff is proposing that Palm Beach Memorial
Park pay for $30,000 of the utility and fee costs with the balance of the project costs be paid by the City with a ] 0 -year
payback provision as part ofa utility bill surcharge. Palm Beach Memorial Park has tentatively agreed to this arrangement.
in addition, the cemetery is requesting authorization from the City to allow the installation of the one of two remaining 1-95
billboards from the 200 I Consent Decree. This would provide a revenue stream for the property owner. Location of a
billboard on the cemetery property will require that the Consent Decree be amended, Subject to an acceptable location of the
sign on the cemetery property, staff supports the location of one of the two remaining billboards onto the cemetery property.
The working relationship between the City and Hardin Holdings (the billboard company) has been very good, Sam's Club
upon annexation proposes to install the retail fueling facility, which is very similar to the one at BJ's Wholesale Club,
PROGRAM IMP ACT: The annexation of?alm Beach lVlemorial Park will allow the City to also annex the commercial
property at the SW corner ofHypoluxo and Seacrest. All businesses except the gas station at the SW corner have signed
utiiity pre-annexation agreements with Boynton Beach. Because the proposed land use amendment requires review by the
Florida Depanment of Community Affairs (DCA) as part of the semi-annual program review, the annexation cannot take
place until calendar year 2009 meaning that the City will not receive property taxes until 201 O.
S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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CITY OF BO\fNTO~ BEACH
AGE~DA ITEM REQl~EST FORJ\1
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F'lSCA.L IMPACT: Based on the 2008 property lax rate Oi .64553, the assemblage o;properr: will ::umrioute :;:20.1\;'
annualh te' the CiTY ir, property rax revenues beginning In ~O 10, 'The estimate is basee 0; the followlT1~ ca:cu ialion::
Property Tay. CalculatIon - Seacrest/Hypoluxo Annexation
2008 BE, R.are
;:"ro)ec::~c:
5uslness Name
Adoress Street
D::N
200B Vaiue
1axe~ ~~ 3t:'
~/e; PA.PA SIt'::
2008 ',0,"
Palin Beach ~"ierrlOr\a; Park
~'"1,,:!'j Sea crest Blvd OD-" 3-<l5-09-23-000-00 1 0 1G,22:',556 S;
1....-''''
7051 Sea crest Blvd 00-<; 3-45-09- 23 -000- DC 22 :i '1,60'1,099 :;;
7035 Sea crest Blvd 00-<; 3-45-09-23-000-0030 : ,258.::5 .,
7049 Sea crest Blvd 0[,-<::: 3-4 5-09- 23-000-0021 86S,5E:;, "
3591 Sea crest BivD 00-43-4 :;-09-05-00:-0020 ' ,S80,OOC i
-:.99(;
Sam's CIUD
Best Western
Taco Bell/Pizza Hut
Popeyes Chicken
-'at
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::5: Annua: [0 ':::It"
(4fter 1,' ~/2[i 10;
KB: 10/12/08
ALTERNATIVES: Do not authorize staff to enter into the utility cost-sharing agreement and the amendment to the
billboard consent decree with Palm Beach Memorial Park. This will stop the annexation discussions with Palm B~ad:
Memorial Park and cause Sam's Club to either abandon their business expansion plans, seek annexation to the Town 0:
Lantana or secure approval of their expansion pian from Palm Beach County even though they prefer annexation inte<
Boynton Be~t' 1
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Depamnent Head's Signature
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eif), Manager's Signatu;~
Assistant to Cit~ Manager
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City Attorney': Finance
Department Name
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A TT ACHMENT B
IX. - CITY MANAGER'S
REPORT
CITY OF BOYNTON BEACH rrEM E
AGENDA ITEM REQUEST FORNI
Date Final Form Must be \ Requested City I Dat(: Final Form Must be
\ \ Requested City I
Commission Meeting Turned in to City Clerk's Commission Meetine Dates Tumed in to City C1erk's
Dales Office Office
~ April 21. 2009 April 6, 2009 (Noon) 10 June 16. 2009 I June 1 2009 (Noon)
\ I
1J May 5, 2009 April 20. 2009 (Noon) r 1 July 7. 2009 I June 15,2009 (Noon)
I
0 Mav 19. 2009 Mav 4,2009 (Noon) I [J July 21. 2009 I Julv 6. 2009 (Noon)
I I I
o I June 2. 2009 May 18,2009 (Noon) 10 August 4, 2009 I Ju1\' 20, 2009 (Noon)
0 AnnouncementslPresentations l8l City Manager's Report
NATURE OF 0 Administrative In New Business
AGENDA ITEM 0 Consent Aeenda 0 Leeal
0 Code Compliance & Letral Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Please place this request on the April 21, 2009 City Commission Agenda under City
Manager's Report. This item is a Status Report on the V oluntary Annexation of the Palm Beach Memorial Park and Sam's
Club properties.
EXPLANATION: The Palm Beach Memorial ParklSam's Club land use amendment was approved by Commission
for tranSmittal to the DCA on January 20,2009, and we understand that the DCA has completed its review without objections
(written confirmation from the DCA is expected this week), This is not a simple annexation; there are many issues
accompanying it which staffhas at least partially explained in the initial infonnation item presented to the Commission in
October of 2008, and within the project staff report. The issues are best sllIIJIIlllrized individually, along with the
corresponding solutions and status, The issues are as follows:
1) Creation of unincorporated "pocket" - This "pocket" is created by the annexation of the uniquely figured Sam's
Club property which includes a "froger" extension north to Hypoluxo Road. This includes an access road for Sam's Club but
which is also the sole access drive for three unincorporated properties (consisting of 1 hotel and 3 restaurants). Consequently,
access to the unincorporated properties will be severed by the incorporation (although physical access is maintained),
therefore arguably failing the "compactness" test of Florida Statutes, which is an issue raised by County staff. SOLUTION:
Execute an !LA with the County. Since the properties are also subject to a water service/annexation agreement similar to the
Sam's Club property, they are annexab1e once contiguous, which will be attained following annexation of the Memorial Park
and Sam's Club properties. The ultimate annexation of the three properties would resolve the compactness issue raised by the
County, and as an interim measure and evidence of intent, city staff offered to enter into an ILA that would document the
city's plan to annex this "pocket". STATUS: The lLA has been drafted by County staff and will be considered by the City
Commission concurrent with the final adoption of the annexation ordinance (see below for status). Although the ILA was also
to transfer public safety responsibility (for the pocket and adjacent Hypoluxo Road) to the City in advance of annexation, the
Sheriff's Office prefers to continue providing service until ultimately annexed into Boynton Beach.
2) Conditions of annexation - Recall that representatives for the properties both have conditions of annexation to
ensure the successful implementation of their respective business plans and/or to avoid uncertainty relative to utility hook-up
costs. More specifically, the issues include the immediate desire to lease space for a billboard, the eventual plans to build a
crematorium, the timing of installation of and payment for utility hookups, and the planned addition of accessory fuel sales to
the Sam's Club operation. SOLUTION: Annexation agreements will be considered for execution concurrent with adoption of
the annexation ordinance. An agreement with the respective property O'WIlers will achieve the necessary recognition,
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOY!\'TON BEACH
AGENDA ITEM REQrEST FORM
COlT1ITIlrrn~nt, do:::umentatlon, necessary in connectlon wIth the needs 0: the rwo properry ov,,11~rs WIth respe::', ll' ,
billboard. Its ultimat~ location on the property win be pursuant to the provIsions of a 2001 settlement agreement. w:e::
reqUlres iI to 'D~ separated from a residentIal use by at least 250 feet, I: should also be noted that one comrmrrnenf WI': ::::!U:I~'
as anticipated, the nmely amendment of the City's LDR., to amend setbac!: requrrem:::nrs applJcabie [(1 accesso,=, fue.~JJ
operations ill a Planned Connnercial Development zorung district (PCD) STATUS: Tne agreements are In the proces; 1
being drafted, through the necessary communications betwe~n the agent for the apphcanons and the City Anome) ';"cc
af,'reements will be forwarded for Commission considerati01:: concurrent WIth Fma] Reading of the annexation ordmane':
Lastiy, the applicant has requested an amendment to the 2001 billboard consent decree te allow placemem 0' c biJJooar:. ;,:
setback of 150 feet Tnis request is bemg reviewed by City staff
As for the DCA's review process, the proposed amendment 10 the City's ComprehensIve PlaIl Future Land t;se Iv1aD na. !)c'e:-
reviewed by the State (the Slate does not review the corresponding applical10ns for annexation and rezonmg: A. l't:.;D"
informal communication was received from the State indicating that the State's review was llmshed and there would Dc
objections raised, Staff anticipates receiving the official vmtten notice from the State tins week. emce recewec., tne C n:\ ma:-
proceed to the adoption stage which includes another legal notice placed in the newspaper. Dependmg upon the SUltu.S 0' the
correspondmg annexation agreements, staff anticipates placing this on either the May 19w or June ~nd Commission agena"
PROGRAM IMP ACT: This process and corresponding prerequisnes are necessary fo" the ultimate annexanon (1'
approximately 45 acres ofland along North Seacrest Boulevard,
FISCAL IMPACT: The overall annexations (the Palm Beach Memonal ParklSams Club properties and the pock'.
properties) are anticipated to contribute approximan::ly S; 120.000 to the City's annual property tal; revenues.
AL TERN A TIVES:
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Information only; no action IS reqUITed at thIS Ume
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ATTACHMI::NI C
SAM'S CLUB AND NORTHSTAR PROPERTI'ES
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ANNEXATJON AGREEMENT
THIS A~NEXATJ01'\ AGREEMENT ("A~'Teement'.) 1S made and entered into this_
. 2CJ09 b:y and between the CITY OF BO\'NTON BEACH. FLORID 6, .
("City"). and WAL-rVLi\RT STORES. INe. a Delaware corporauon
day of
municipal corporation
("Owner").
\V I T N E SSE T H:
WHEREAS, Owner is the fee simple owner of certain real property located in unincorporated
Palm Beach County, Florida ("County") which is located at 7233 Seacrest Boulevard in the Cit~ and
is legally described in Exhibit "A" attached hereto and made a part hereof ("Property"): and
WHEREAS, the Parties desire to annex the Property into the City's murucipal boundaries and
bave initiated the process required by law to enact an ordinance adopting a petition for volumar:
annexation of the Property into the City. pursuant to Section 171,044(2). Florida Statutes
("A.nnexation"); and
WHEREAS, the City has determined that the Property is contiguous to the City ;mc;
reasonably compact and the City desires to annex the Property into the City: and
WHEREAS, Owner has previously constructed certain improvements for commercial, retail
and service uses on the Property; and
'WHEREAS, the parties believe it is in their mutual best interest to initiate the proc~s~
required by law to enable Owner to maintain. operate and develop the Property il1 accordance with
the terms and provisions of this Agreement; and
\VHEREAS. the parties desire 10 enter into this Agreement to memorialize then
understanding and agreement with respect to annexation of the Property.
NOW. THEREFORE, in consideration of the mutual promises. undertakings. len11S anc
conditions set forth herein, the parties mutually agree as follows
1. Recitals; Exhibits. The foregoing recitations are true and correct and are hereb~
incorporated herein by reference and are valid and binding on the parties hereto. All exhibits to thb
Agreement are incorporated by reference. are hereby deemed a part hereof and are valid and binding
on the parties hereto.
2. Le2:al Authoritv. This Agreement is entered into under the authorit) uf the Florida
Constitution (including Article VIII. Section 2(b} thereof). the general powers conferred upon
municipalities by statute and otherwise, the MunicIpal AnnexatIon or Contract Act (",\nnexation
Ace'\. Florida Statutes Section 171 (Ill et ~~. and the Cit\'( ('haner
3. Propenv Ownership. Owner ack11o\\'ledges and repTeSe11lS to the Cll\ that 11 o\\'ns th,_'
Property and has the authority to enter into this Agreemem
4. Application for VoluntarY Annexation. This Agreement shall be incorporated into the
Application for Voluntary Annexation ("Annexation Application"), which was previously submitted
to the City, subj ect to the terms and conditions of this Agreement.
5. Annexation. Owner previously voluntarily filed the Annexation Application with the
City to annex the Property into the City's boundaries, and the City has initiated the process to
accomplish said annexation in compliance with Section 171.044(2), Florida Statutes, and all other
applicable state and local laws and regulations. The City approved the voluntary annexation of the
Property on First Reading on January 20, 2009. The Annexation Application does not become
effective until finally approved by the City Commission on Second Reading.
6. Effective Date. This Agreement shall become effective following final approval of the
Annexation Application and upon the date the last of the parties executes this Agreement.
7. Land Use and Zoning.
(a) The Property is currently designated Commercial High with a maximum 5 dwelling
units per acre (CHIS) on the Palm Beach County Future Land Use Plan Map and is
included within Palm Beach County's General Commercial (CG) zoning category;
and
(b) Concurrent with the Annexation Application, Owner submitted applications to the
City to amend the Future Land Use designation of the Property to Local Retail
Commercial (LRC) and change the zoning designation of the Property to Planned
Commercial Development (PCD); and
(c) Owner represents that all existing uses and improvements currently located on the
Property are in conformance with all applicable zoning, land development and
building regulations of Palm Beach County and the City has accepted and relied on
those representations.
8. Prior County Action. City agrees that consistent with Section 171.062, Florida Statutes
and prior to the effective date of the annexation of the Property, to the extent that County has
processed any changes to the land use or zoning on the Property and approved any plates), site
planes) or other development approvals, City will recognize the effectiveness of said approvals
without requiring re-review or additional approval of the City and will permit construction of any
improvements for which unexpired permits have been issued by the County pursuant to said
approvals,
9. Cooperation In Development Approval Process. The City hereby agrees to cooperate
with Owner in good faith in all aspects of the development review process for the Property. In this
regard, the City agrees that its administrative staff will facilitate all necessary approvals and respond
diligently and expeditiously to all requests and inquiries from Owner regarding such approvals. The
cooperation ofthe City in facilitating the expeditious development review process does not constitute
an agreement to approve :
(a) Site plans
(b) Variances or waivers
i C \ Zoning changes
\ d) Certifi cates of occupancy
(e) Permits (building. el ectrical, etc ' . . )
as approvals of that nature are subject to either quasi-judicial review or administrative reviewbytht
City's building official or his designees. ~othing in the Agreement constitutes a promise or
obligation of the City to zone or rezone Owner's property to any zoning designation which is no;
consistent with the City's Comprehensive Plan or zoning regulations, as amended from time to time.
Owner acknowledges that the buffer on the south side of the property shall be improved m
accordance with the conceptual landscape plan attached hereto as Exhibit "B". Such improvements
shall be completed prior to issuance of a building permit for any future redevelopment of
Property.
The City shall treat the Property as if it was inside City bounuaries for purposes of all permittmg,
inspections, and approvals for future improvements proposed upon the Property and shall review al1
applications in as expeditious a manner as possible.
10. Future Development. City acknowledges that Owner intends to seek future approvals
from the City for development of a fuel service center and to remodel portions ofthe existing store
building substantially in accordance with the Master Plan attached hereto as Exhibit "B". Cil)
further acknowledges that it has reviewed the attached Master Plan in association with the peD
rezoning application and, pending approval of the PCD rezoning application, agrees that the Master
Plan complies with PCD zoning regulations, subject to compliance with applicable development
regulations during the City's site plan review and approval process.
11. Code Amendment. City shall initiate an amendment to its Code of Ordinances in order 10
modify right-of-way setback requirements related to fuel service uses within the PCD zoning distncl
and corresponding peD zoning application.
12. Use of PropertY. It is expressly agreed that nothing contained in this Agreement or
otherwise shall be construed to contain a covenant, either express or implied. on the part of Owner to
develop or redevelop the Property, to commence the operation of a business, or to thereafter
continuously operate a business by vVal-Mart on the Property City acknowledges and agrees that
Wal-Mart may, at Wal-Mart's sole and absolute discretion aDd at any time, cease the operation of its
business on the Property.
13. Propertv Taxes. City acknowledges that upon annexation of the Property. the Prope~
will be subject 10 City ad valorem taxes at a millage rate of 6.4553, which is subject to annual
adjustments by the City in accordance with state law.
14. Pubbc Facilities. The City hereby covenants that all pubbc facilities. as defined H'
Section 163.3221, Florida Statutes, including. but nol limited 10, roads, drainage. pollce and fire
service. sanitation service. parks and recreation service. and general governmental faciIiries. will h,
available to the Property at levels of service consistent with the City's Comprehensive Plan. City
further acknowledges that the Property has previously connected to the City's water and sewer
systems and paid City connection costs associated therewith.
15. Recording. This Agreement shall be recorded in the public records of Palm Beach
County, Florida upon execution by all parties hereto.
16. Necessity of ComplYing with Local Laws. The parties agree that the failure of this
Agreement to address a particular permit, condition, term or restriction shall not relieve Owner of the
necessity of complying with the law governing said permitting requirements, conditions, terms or
restrictions.
17. Default. If the City shall default in any of the terms, covenants and/or provisions ofthis
Agreement to be performed on the part of the City, Owner shall have all rights and remedies against
the City as set forth herein, as well as all rights and remedies available at law and/or in equity,
including, without limitation, the right to specific performance. If Owner shall default in any of the
terms, covenants and/or provisions of this Agreement to be performed on the part of Owner, the City
shall have all rights and remedies against Owner as set forth herein, as well as all rights and remedies
available at law a..'1d/or in equity, including, without limitation, the right to specific performance.
18. Assignability. Neither party shall assign this Agreement or any interest hereunder, in
whole or in part, without the prior written consent of the other party, which consent may be withheld
for any reason in their sole and absolute discretion.
19. Miscellaneous.
(a) Entire Agreement. This Agreement sets forth all ofthe promises, covenants,
agreements, conditions and understandings between the parties hereto, and
supersedes all prior and contemporaneous agreements, understandings,
inducements or conditions, express or implied, oral or written.
(b) Pronouns. All pronouns and any variations thereof shall be deemed to refer
to the masculine and neuter, singular or plural, as the identity ofthe party or
parties, personal representatives, successors or assigns may require.
( c) Severability. The invalidity of the provisions hereof shall in no way affect or
invalidate the remainder of this Agreement.
(d) Counterpart. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which shall together
constitute one in the same instrument.
( e) tleadings. The headings contained in this Agreement are inserted for
convenience only and shall not effect, in any way, the meaning or
interpretation of the Agreement.
(f) Governing Law. This Agreement shall be construed in accordance with the
laws of the State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreeme1l1 shalL to the' extent penllltted h\ J<::\'
be held in Palm Beach County. Florida.
(gl Bindim: Effect The obl1gations unposed pursuant to tn1s A~'Teement UPO!
the Property shall run \vith and bind the Property as covenants running Wit!
the Property and this A~Jreement shall be binding upon and enforceable lw
parties hereto, their persona] representatives. lleirs. successors. !:-'Tanteec
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement as of
the day and year written above.
WITNES SES:
W AL-MART STORES, INe., a Delaware
corporation
By:
J. Chris Callaway,
Regional Vice President,
Design & Real Estate
Print Name
Address: 2001 S.E. 10th Street
Bentonville, AR 72716-0550
Print Name
)
) SS:
)
STATE OF
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was
acknowledged before me by , as for W AL-
MART STORES, INe., freely and voluntarily, who are personally known to me or who has
produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day of
,2009.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
ATTEST:
City Clerk
Mayor
APPROVED AS TO FORM:
By:
City Attorney
UTi
( 'jTY OF BOYt'\T()~ BEACH
By:
. _.~n___ ______._
davof
,21)09,
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EXHIBIT A
PARCEL 1
LAND SURVEYING · CIVIL ENGINEERING · LAND PLANNING
LEGAL DESCRIPTION
OF
PARCEL 1
7233 SEACREST BOULEVARD
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0010
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF SECTION 9, TOWNSHIP
45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND KNOWN AS BEING PARCEL NO.1 OF
HY-CREST CENTER, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FlORIDA AND BEING FURTHER BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE CENTERLlNES OF
HYPOLUXO ROAD (WIDTH VARIES) AND SEACREST BOULEVARD (80 FEET WIDE) AND BEING THE
NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST BOULEVARD AND
THE EASTERLY LINE OF THE NORTHWEST QUARTER OF SECTION 9, 696.58 FEET TO A POINT;
THENCE NORTH 8r30'46" WEST, 40.00 FEET TO THE WESTERLY RIGHT-OF-WAY OF SEACREST
BOULEVARD AND BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN
DESCRIBED;
THENCE SOUTH 02029'14" WEST ALONG THE WESTERLY RIGHT-OF-WAY OF SEACREST
BOULEVARD, 522.21 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED #3935 FOUND
(0.07 FEET NORTH AND 0.19 FEET EAST) AT THE NORTHEASTERLY CORNER OF LAND CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC (PARCEL CONTROL NUMBER 00-43-45-09-05-001-0020 & 00-
43-45-09-00-000-3630) BY DEED DATED DECEMBER 28, 2004 AND RECORDED IN OR BOOK 17943,
PAGE 691 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA:
THENCE NORTH 88055'16>> WEST ALONG A NORTHERLY LINE OF LAND SO CONVEYED TO
KEATLEY INVESTMENTS-PALM BEACH, LLC, 545.43 FEET TO A PERMANENT REFERENCE POINT (5/8"
IRON PIN CAPPED #3935) FOUND;
THENCE SOUTH 03027' 44" WEST ALONG A WESTERLY LINE LAND SO CONVEYED TO KEATLEY
INVESTMENTS-PALM BEACH, LLC, 160.14 FEET TO A P.K. NAIL & WASHER FOUND IN ASPHALT
PAVEMENT;
THENCE NORTH 88055' 16" WEST CONTINUING ALONG A NORTHERLY LINE OF LAND SO
CONVEYED TO KEATLEY INVESTMENTS-PALM BEACH, LLC, 344.35 FEET TO A 5/8" IRON PIN CAPPED
#3935 FOUND AND DISTURBED ON THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY NUMBER
95 (1-95);
THENCE NORTH 01001' 59" EAST ALONG THE EASTERLY RIGHT-Of.WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95), A DISTANCE OF 180.00 FEET;
THENCE NORTH 36002' 54" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95),143.16 FEET TO A POINT;
THENCE NORTH 10038' 03" EAST ALONG THE EASTERLY RIGHT-Of-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95), 58724 FEET;
THENCE NORTH 07"25' 24" EAST ALONG THE EASTERLY RIGHT-OF-WAY OF INTERSTATE
HIGHWAY NUMBER 95 (1-95), 7.25 FEET TO A 5/8" IRON PIN CAPPED #3935 FOUND AND DISTURBED AT
THE SOUTHWESTERLY CORNER OF LAND CONVEYED TO KRISHNA REALTY, INC. (PARCEL CONTROL
2618 North Moreland
Clrvp.land, OhiO
B04u'4ev,a2rod M,I,...~,:..M.~__~,~-:; Phone 216.491.2000. Fax 216.491.9640
_ _ Internet. www,rlverstonesurvey com
, ;;' .""".," '-'~ ;~-i'-~~'
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_Af\D SURV:Yiil!r:: · ~ [' :::~JSIt\!~:rn'.'G. L',1L'::! L\i'J\]''.j'
NUMBER 00-43-45-09-23-000-0022) BY DEED DATED FEBRUARY ~ 2. 2000 AND ReCORDED If\! 0 R. 80 :)1
11607, PAGE 332 OF THE PUBLIC RECORDS OF PAUv' BEACH CCUN"'( rl,ORIDt_
THENCE SOUTH 87"30' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED "~.,
KRISHNA REALTY, INC., 342.66 FEET TO A 1,:;" IRON PIN FOUND (0,06 FEET !\jORTH AND () 37 FEE"
WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TC
KRISHNA REALTY, lNG., 152.37 FEET TO A POINT AT THE SOUTHWESTERLY CORNER OF LAND
CONVEYED TO TACO BELL OF AMERICA, INC, (PARC2L CONTROL NUMBER 00-43-45-09-23-000-0030) BY
DEED DATED DECEMBER 28, 1999 AND RECORDED IN O.R BOOK 11529, PAGE 866 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 87030' 46" EAST ALONG THE SOUTHERLY LINE OF LAND SO CONVEYED TO
TACO BELL OF AMERICA, INC., 187.21 FEET TO A %" IRON PIN FOUND (0.12 FEET SOUTH AND 0,33 FEET
WEST);
THENCE NORTH 02029' 14" EAST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO TACO
BELL OF AMERICA, INC., 301.75 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID
HYPOLUXO ROAD;
THENCE SOUTH 88053' 16" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF HYPOLUXO
ROAD, 54.00 FEET TO A POINT AT THE NORTHWESTERLY CORNER OF LAND CONVEYED TO MOBIL OIL
CORPORATION (PARCEL NO, 6) (PARCEL CONTROL NUMBER 00-43-45-09-00-000-3070) BY DEED DATED
APRIL 03, 1972 AND RECORDED IN O.R. BOOK 1997, PAGE 176 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY LINE OF LAND SO CONVEYED TO
MOBIL OIL CORPORATION, 137.00 FEET TO A PERMANENT REFERENCE POINT (5/8" IRON PIN CAPPED
#3935) FOUND (0.01 FEET SOUTH AND 0.16 FEET WEST) AT THE NORTHWESTERLY CORNER OF LAND
CONVEYED TO MICHEL P. BARBERIS (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0040) BY DEED
DATED APRIL 20, 2004 AND RECORDED IN O.R. BOOK 16830, PAGE 1291 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
THENCE SOUTH 11031'09 WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEc.
P. BARBERIS, 60.75 FEET TO A POINT;
THENCE SOUTH 02029'14" WEST ALONG A WESTERLY LINE OF LAND SO CONVEYED TO MICHEL
P. BARBERIS, 142.00 FEET TO A POINT;
THENCE SOUTH 87030'46" EAST THE SOUTHERLY LINE OF LAND SO CONVEYED TO MICHEL p,
BARBERIS, 147.50 FEET TO THE WESTERLY LINE OF TRACT "A" USED t::OR RIGHT-OF-WAY OF
SEACREST BOULEVARD OF SAID HY-CREST CENTER;
THENCE SOUTH 02029'14" WEST ALONG THE RIGHT-OF-WAY OF SEACREST BOULEVARD, 40.00
FEET TO A PK NAIL & WASHER FOUND IN ASPHALT PAVEMENT (0.10 FEET NORTH, 022 FEET WEST)
AND BEING THE NORTHEASTERLY CORNER OF LAND CONVEYED TO WAL-MART STORES, INc.
(PARCEL 5) (PARCEL CONTROL NUMBER 00-43-45-09-23-000-0050) BY DEED DATED JANUARY 24, 1989
AND RECORDED IN OR. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM B:::ACH COUNTY.
FLORIDA;
THENCE NORTH 87030'46" WEST ALONG THE NORTHERLY LINE OF LAND SO CONVEYED TO
WAL-MART STORES, iNC. (PARCEL 5),166.00 FEET TO A PK NAIL SET iN ASPHALT PAVEMENT
r!8\813nC O~io
BDu~evard
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- . , " I ~ . ..- ~. ~_
LAND SURVEYlNG · CIVIL ENGiNEERING · LAND PLANNING
THENCE SOUTH 02"29' 14" WEST ALONG THE EASTERLY LINE OF LAND SO CONVEYED TO WAL-
MART STORES, INC, (PARCEL 5), 260,00 FEET TO A 5/8"X30" IRON PIN CAPPED (RIVERSTONE CO
DUDLEY LS6527) SET;
THENCE SOUTH Br30'46" EAST ALONG THE SOUTHERLY OF LAND SO CONVEYED TO WAL-
MART STORES, INC. (PARCEL 5), PASSING THROUGH A PERMANENT REFERENCE POINT (5/8" IRON PIN
CAPPED #3935) FOUND (0.07 FEET SOUTH AND 0.12 FEET WEST) AT 166.00 FEET, A DISTANCE OF
178.00 FEET TO THE PRINCIPAL PLACE OF BEGINNING AND CONTAINING 14.7961 OF LAND AS
SURVEYED AND DESCRIBED BY EDWARD B. DUDLEY, L.S. NO, 6527 OF THE RIVERSTONE COMPANY IN
OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT TO ALL LEGAL HIGHWAYS,
EASEMENTS AND RESTRICTIONS,
AI! 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24,1989 AND RECORDED IN
OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02"29'14" WEST AS RECORDED IN HY-CREST
CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;
,-"tlllll'"
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= :':::J No. 6527 :p': 0:: ~
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2618 North Moreland
Cleveland, Ohio
Boulevard
44120
."',~',.","
, ,
Phone 216.491.2000. Fax 216.491.9640
Internet. wwwriverstcnesurvey.com
,. ....."'.'.- ,._~
[.::-.0, 7>.,,~':![
~....... ~
L M~ C SUR V E v' N G · -:: \' i! ': ~,! GIN E E PIN G' .' t'. - P _ f. ~: '" I '" .
CLOSURE
North: 4748.19 East: 4943.64
Line Course: S 02-29-14 W Length: 522.21
North: 4226.47 East: 4920,98
Line Course: N 88-55-16 W Length: 545.43
North: 4236.74 East: 4375.65
Line Course: S 03-27-44 W Length: 160,14
North: 4076.89 East: 4365.98
Line Course: N 88-55-16 W Length: 344.35
North: 4083.37 East: 4021.69
Line Course: N 01-01-59 E Length: 180.00
North: 4263.35 East: 4024.93
Line Course: N 36-02-54 E Length: 143.16
North: 4379.09 East: 4109.18
Line Course: N 10-38-03 E Length: 587.24
North: 4956.25 East: 4217.54
Line Course: N 07-25-24 E Length: 725
North: 4963.44 East: 4218.48
Line Course: S 87-30-46 E Length: 342.66
North: 4948.57 East: 4560.82
Llne Course: N 02-29-14 E Length: 152.37
North: 5100.79 East: 4567.43
Line Course: S 87-30-46 E Length: 187,21
North: 5092,67 East: 4754.46
Line Course: N 02-29-14 E Length: 301.75
North: 5394.13 East: 4767.56
Line Course: S 88-53-16 E Length: 54.00
North: 5393.09 East: 4821.55
Line Course: S 02-29-14 W Length: 137.00
North: 5256.22 East: 4815,60
Line Course: S 11-31-09 W Length: 60.75
North: 5196.69 East: 4803.47
Line Course: S 02-29-14 W Length: 142.00
North: 5054.82 East: 4797,31
Line Course: S 87-30-46 E Length: 147.50
North: 5048,42 East, 4944.67
Line Course: S 02-29-14 W Length: 40.00
North: 5008.46 East: 4942,93
Line Course: N 87-30-46 W Length: 166,00
North: 5015.66 East: 4777.09
Line Course: S 02-29-14 W Length: 260.00
North: 4755.91 East: 4765.81
Line Course: S 87-30-46 E Length: 178.00
North: 4748.18 East: 4943,64
Perimeter: 4659,01 Area: 644,518 sqJt 14.7961 acres
//
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 19-24-21 W
Error North: -0.003 East: -0.001
Precision '1: 4,659,020,000.00
. ~, "
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EXHIBIT A
PARCEL 5
LAND SURVEYING · CIVIL ENGINEERING · LAND PLANNING
LEGAL DESCRIPTION
OF
VACANT LAND .PARCEL5
PARCEL CONTROL NUMBER 00-43-45-09-23-000-0050
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER (NW1/4) OF
SECTION 9, TOWNSHIP 45 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, AND KNOWN AS BEING PARCEL NO.5 OF HY-CREST CENTER, AS
RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND BEING FURTHER BOUNDED AND
DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS DISK FOUND AT THE INTERSECTION OF THE
CENTERLlNES OF HYPOlUXO ROAD (WIDTH VARIES) AND SEACREST
BOULEVARD (80 FEET WIDE) AND BEING THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER OF SECTION 9;
THENCE SOUTH 02029' 14" WEST ALONG THE CENTERLINE OF SEACREST
BOULEVARD AND THE EASTERLY LINE OF THE NORTHWEST QUARTER OF
SECTION 9, 696.58 FEET TO A POINT;
THENCE NORTH 87030'46" WEST, 52.00 FEET TO A PERMANENT
REFERENCE POINT (5/8" IRON PIN CAPPED #3935) FOUND ON THE WESTERLY
LINE OF TRACT "A" USED FOR RIGHT-OF-WAY OF SEACREST BOULEVARD AND
BEING THE PRINCIPAL PLACE OF BEGINNING OF THE PREMISES HEREIN
DESCRIBED;
THENCE NORTH 8r30'46" WEST ALONG A NORTHERLY LINE OF LAND
CONVEYED TO WAL-MART STORES, INC. (PARCEL 1) (PARCEL CONTROL
NUMBER 00-43-45-09-23-000-0010) BY DEED DATED JANUARY 24, 1989 AND
RECORDED IN O.R. BOOK 5945, PAGE 1460 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, 166.00 FEET TO A 5/8"X30" IRON PIN CAPPED
(RIVERSTONE CO DUDLEY LS6527) SET;
THENCE NORTH 02029'14" EAST ALONG A EASTERLY LINE OF LAND SO
CONVEYED WAl-MART STORES, INC. (PARCEL 1), 260.00 FEET TO A P.K. NAIL
SET;
THENCE SOUTH 87030'46" EAST ALONG A SOUTHERLY LINE OF LAND SO
CONVEYED TO WAL-MART STORES, INC. (PARCEL 1).166.00 FEET TO A P.K.
NAIL AND WASHER FOUND IN ASPHALT PAVEMENT AND BEING THE WESTERLY
RIGHT-OF-WAY OF SEACREST BOULEVARD;
THENCE SOUTH 02029' 14" WEST ALONG THE WESTERLY RIGHT-OF-WAY
OF SEACREST BOULEVARD, 260.00 FEET TO THE PRINCIPAL PLACE OF
BEGINNING AND CONTAINING 0.991 ACRES OF LAND AS SURVEYED AND
2618 North Moreland
~1p.vBland, Ohio
Boulevard
44120
..
Phone 216.481.2000 . Fax 216.491.9640
Internet. www.riverstonesurvev.com
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Lt>\JC SUPVf': ~;G · :::''.'' ::~\!GINEER NG. Ule, 0' 4r,J~, ,,:
DESCRIBED BY EDWARD B. DUDLEY, LS, NO. 6527 OF THE RIVERSTONE
COMPANY IN OCTOBER OF 2008, BE THE SAME MORE OR LESS, BUT SUBJECT
TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS
ALL 5/8"X30" IRON PIN SET AND CAPPED (RIVERSTONE CO DUDLEY LS6527)
DEED OF REFERENCE:
LAND CONVEYED TO WAL-MART STORES, INC. BY DEED DATED JANUARY 24,
1989 AND RECORDED IN OFFICIAL BOOK 5945, PAGE 1460 OF THE PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA;
BASIS OF BEARINGS:
THE CENTERLINE OF SEACREST BOULEVARD AS SOUTH 02"29'14" WEST AS
RECORDED IN HY-CREST CENTER, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 64, PAGE 177-178 OF THE PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA;
CLOSURE
North: 4748.71 East: 4931.65
Line Course: N 87-30-46 W Length: 166.00
North: 4755.91 East: 4765.81
Line Course: N 02-29-14 E Length: 260.00
North: 5015.67 East: 4777.09
Line Course: S 87-30-46 E Length: 166.00
North: 5008.46 East: 4942.94
Line Course: S 02-29-14 W Length: 260.00
North: 4748.71 East: 4931.65
Perimeter: 852.00 Area: 43,160 sq.ft. 0.9908 acres
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Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.00 Course: S 90-00-00 E
Error North: 0.000 East: 0.000
Precision 1: 852,000,000.00
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pve FENCE DE1AIL
M.L WI1 CENfR.e.l CONTRAt.HlIl IVORl< TO liE [Ot1~LfTED '~RTHWORK.
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M1 GENERAL CONIfV\ClOR TO P'ROV/CIE nEAR ACens FOR OUTLOT
CONlflAcTOR to THE sreCIFII: ",!,FlCEL. .IT ALL TIMES M'T!:R MlLESTO"",,,
MTf'. PI.RC.HASER OF OUTLOT TO "ROVIC!! I'ERt1lT DOCll1'fNTS AN{)
SWffP RfOUtReD.'I' SlllTE/LOC.6.l REQUlRl!:Met-ns FOR S~('flC OUTLOT
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EXI5T1NG SITE ANAL VS'S TA8LE
PRQPOSED SI"tE ANALYSIS T,Il8LE
SAM'S CLUB 136,072 S.F.
PA,RKfNG 701 SPA(ES~
ACCESSIBLE '0 SPACES
CAR.T CORRALS , G CORRALS
RAno 5.IS/l.OoaS.F.
134.154 S.I':.
799 SPACES~
245f'.I\Cf5
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XII. - LEGAL
ITEM D.3
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City
Commission Meeting
Dates
Date Final Form Must be
Turned in to City Clerk's
Office
Requested City
Commission Meeting Dates
Date Final Form Must be
Turned in to City Clerk's
Office
D A ril21, 2009
D Ma 5,2009
D Ma 19,2009
D June 2, 2009
D June 16,2009
D Jul 7,2009
I:8J Jul 21, 2009
D
Jul
Jul
D AnnouncementslPresentations D City Manager's Report
NA TURE OF D Administrative D New Business
AGENDA ITEM D Consent Agenda I:8J Legal
D Code Compliance & Legal Settlements D Unfinished Business
D Public Hearing D
RECOMMENDATION: Motion to approve the roadway name change ofN,E. 4th Avenue, from North Federal Highway to
its eastern limits (just west of the Intracoastal Waterway), to be known as ST, MARK PLACE.
EXPLANATION: St. Mark Catholic Church submitted a June 8,2009 letter (attached) to the city requesting the name
change. Staff response dated June 15, 2009 (also attached) noted the criteria for street name changes as set forth in the Land
Development Regulations (LOR), Chapter 22 (Streets and Sidewalks), Article I (In General), Section 1.2 (Vanity street name
changes).
As outlined in his letter to the Church, Mr. Kelley has correctly noted that a street name can be changed in one (1) of two (2)
circumstances. The first circumstance essentially requires that the street name change will eliminate confusion that may arise
with addressing that affects the public's ability to find a particular location. This is certainly not the case in this scenario.
The second circumstance allows for changing a street name for vanity addressing purposes and this would apply in this
circumstance.
In order to change a street name for vanity purposes, the following items must be satisfied and/or completed.
1. The desired street name will not create confusion.
Staff finding: The proposed street name of St. Mark Place is not in use within Palm Beach County therefore there
will be no confusion.
2. The desired street name does not duplicate any other street name in whole or any part.
Staff finding: No other street names in the City contains the name "Mark" therefore no conflict.
3. All adjacent property owners have signed a petition acknowledging and agreeing to the name l:hange
Staff finding: The Church must provide this document.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
4. The fee of $1 ,400 established by City code must be paid by the Church, This fee is used to pay staff expense;, 1 (
processing the name change request and posting new signs,
Staff finding: The fee remains to be paid.
5. The entire street length must be renamed,
Staff finding: This roadway has no outlet and is simple to re-name.
6, The City Commission has approved the street name change,
Staff finding: This agenda item, if approved by the Commission, will satisfy this Code requirement
The Church desires to move this matter forward and staff, is therefore, forwarding this matter to the City Conm1ission fur
action according to Item #6 above, albeit not final City action. As noted in the referenced staff letter to the Church dated J lIne
15,2009, the Church must still gather approval of the name change from three other affected adjacent, property owners and
pay the required fee as well. lTpon final receipt of the these items, and aSSll..TJng COIT1111ission approval of this action. C'lt~
staff will formally notify Palm Beach County of the name change so that all maps and plats can be amended, Essentially
action now by the Commission will serve as a good faith approval to the Church and give the Church the assurance that thn
may proceed.
PROGRAM IMPACT: Creation ofa vanity street name change,
FISCAL IMP ACT: Staff time and sign costs,
"
ALT~~'9VFf: Leave the c rr7~t "official" name of the roadway as NE 4:1; Avenue.
. ,~ ,L' o' L)j"- or ' ~:t .~/~L ~ ~/~_~--,-
. piPartment ~ea(I's Signature City Manager's Signature
;" JrVi_.-:_/_'__.
Assistant to City Manager "--" ,YL,..;.
Public Works i Engineering Division
Department Name
City Attomey i Finance
S:\BULLETIN\FORMS\AGENDA lTEM REQUEST FORM,DOC
1 RESOLUTION NO. R09-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
5 BOYNTON BEACH, FLORIDA APPROVING THE ROADWAY
6 NAME CHANGE OF N.E. 4TH AVENUE (FROM NORTH FEDERAL
7 HIGHWAY TO ITS EASTERN LIMITS) TO BE KNOWN AS ST.
8 MARK PLACE; AND PROVIDING AN EFFECTIVE DATE.
9
10
11 WHEREAS, the City Commission finds that the renaming ofN.E. 4th Avenue (from
12 North Federal Highway to its eastern limits) to be known as St. Mark Place is in the best interest
13 of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
15 CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS:
16
Section 1:
The "Whereas" clauses set forth hereinabove related to proposed legislative
17 enactments are incorporated herein by reference.
18
Section 2: The City Commission does authorize and approve the renaming of"N.E.
19 4th A venue" (from North Federal Highway to its eastern limits) to be known as "St. Mark Place".
20
Section 3:
This Resolution shall take effect when all conditions for street name
21 change have been satisfied by the requesting party, the City, or other responsible party.
22
23
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
5:ICAIRE50INE 4th Avenue to 5t Mark Place,doc
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PASSED AND ADOPTED this
ATTEST:
Janet M. Prainito, CMC
City Clerk
(Corporate Seal)
S \CA\RESO\l\E 4th Avenlli:to 51 Mark Place doc
dav of.lui\ ::'OOLJ.
. .
CITY OF BOYNTON BEAU j
Mavor
Jerrv Tavlor
Vice Mavor Woodro\\/ L Ha\
Commissioner Ronald Weiland
Commissioner Jose Rodriguez
Commissioner- Marlene Ross
,
The City of Boynton Beach
P.G. Box 310
Boynton Beach, Florida 33425-0310
PUBLIC WORKS DEPARTMENT
FAX: (561) 742-6985
www,boynton-beach,org
OFFICE OF THE CITY ENGINEER
June 15,2009
Fr. Richard Florek
St. Mark Catholic Church
643 Northeast 6th Avenue
Boynton Beach, Florida 33435-4196
Re: Change of Street Name
Dear Fr. Florek:
I am in receipt of your June 8th letter, received on June lOth. You are pursuing the change ofthe street name
from N.E. 4th Avenue, east of North Federal Highway, to St. Mark Place.
You also cited that one of our parishioners, Mr. Bob Biehl, had "been in contact with some of the people in
your department and already received a copy ofthe regulations concerning the City of Boynton Beach street
naming conventions". I have checked with all of our personnel; and unfortunately, they found no one that
met with Mr. Biehl. Perhaps he may have met with the Planning and Zoning Division ofthe Department of
Development, which is located next door to our Division.
Needless to say, our city's Land Development Regulations (LDR) allows for street name changes through
one of two ways. The first way is the stand street name change that needs to conform to the standards and
requirements previous stated under the following circumstances:
1. In response to a City Commission directive, or
2. To eliminate duplication or confusing in street names, or
3. To reduce confusion in addressing.
Name changes that do not meet the above criteria are considered "vanity street names" for the purposes
herein, and are permitted only under the following limited circumstances:
1. The desire name will not create confusion;
2. The desired name does not duplicate in whole or in substantial portion, the name of an
existing street;
America s Gateway to the Gulfstream
-' Ali property' owners abutting the road have signed a petition requestmg the change if
complete application has heen submitted to the Department nfPuhli, \\'orks.
Engineering Division;
4. The established fee has been paid is] AO(U)());
5. The entire length of the street must be renamed; and
6. The City Commissioners have approved the request
It is believed that item one (1) above has been satisfied (the name would not create cOnfuSlOn) il:JVC
checked with Palm Beach County's 911 office and have detem1ined that that specific name is not in use 111
Palm Beach County, therefore item two (2) has been satisfied. In regards to items three (3) and fj\~, is),
there are four (4) property owners adj acent to the street.
To your west, the property located between North Federal Highway and the 10-foot alley is:
Boynton Beach Property Partners, LLC
99 S.E. Mizner Boulevard Apt. 535
Boca Raton, FL. 33432-5531
To your southwest, the Promenade Place development is finishing construction. Thevare'
Boynton Waterways Investment Associates.
333 S. Miami Avenue - Suite 150
Miami, FL. 33130-1900
To your south and southeast, the CRA is the current owner. They are located:
Community Redevelopment Agency
915 South Federal Highway
Boynton Beach, FL. 33435
Tele. No. 737-3256
Obviously, your church complex is the fourth property owner. Once items one (1) thru five (:5! are
completed (by the applicant), this office will generate the agenda item for the City Commissioners le\ act
upon at one of their regular meetings.
If you have any questions, please advise this office at telephone number 742-6980.
Sincerely,
t'
;
,. // I r.r):;it~v/ .~,."
H. David Kelley, Jr., P~IPSM" -'
City Engineer
xc: Ed Breese, Principal Pdianner, P & Z Div.
Andrew Mack, PE, Engineer
file
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ST~ MARK CATHOLIC C~HURCH
Franciscan Friars
(H3 ~ORTHEAST F' ll:HTH AYENl:E
B01'NT()~ BEACH. Fl ( l!UDA :;;:')1","'1 ]l)()
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Date: June 8, 2009
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To: David Kelley - City Engineer
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33436
Subj: Application for changing a street name
Dear Mr. Kelley,
We at St. Mark Church would like to pursue the changing of the name ofNE 4th Avenue (east of FederaJ
Highway) to St. Mark Place. [t is our understanding that the City of Boynton Beach Engineering Dept. is
the place to start with our request.
With the new construction of condominiums on Federal Highway, it will become increasingly difficult for
visitors and new residents to see the church property from Federal Highway and to fmd their way to the
Church. Changing the name of the street that is used to enter our church property to St. Mark Place would
help considerably. St. Mark Church is the only address on NE 4th Ave. from Federal Highway to
Mangrove Park at the east end of the street.
I know there are two sections of NE 4th Avenue (not connected to each other) between Seacrest Blvd. and
the FEC railroad tracks. These sections run through an industrial and a residential neighborhood and
should remain as NE 4th Ave. There is also an alley between Federal Hv.'Y and the FEe tracks that should
remain as NE 4th Ave. A street name sign could be placed on the traffic signal arms indicating the new
name rather than a post in the ground.
One of our parishioners, Bob Biehl, has been in contact with some of the people in your department and
has already received a copy of the regulations concerning the City of Boynton Beach street naming
conventions. Bob would be my liaison to the City in working through this request. Mr. Biehl's phone IS
737-5502
As pastor of St. Mark Church I am always available to discuss this subject. I understand there is a $1,400.
fee associated with such a request. Please let Bob or myself know what the next step of the process is for
us to follow.
Sincerely,
.r;; ~F~
FI. Richard Florek
Pastor
KIl. - LEGAL
ITEM 0.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Legal Turned in to Procurement
Dates Office
0 July 7. 2009 June 15,2009 June 10, 2009 June 8, 2009
~ July 21, 2009 July 6, 2009 July 1,2009 June 29, 2009
0 August 4, 2009 July 20, 2009 July 15, 2009 July 13, 2009
0 August 18, 2009 August 3,2009 July 29, 2009 July 27,2009
0 Announcements/Presentations 0 City Manager's Report
NATURE OF 0 Administrative 0 New Business
AGENDA ITEM 0 Consent Agenda ~ Legal
0 Code Compliance & Legal Settlements 0 Unfinished Business
0 Public Hearing 0
RECOMMENDATION: Authorize execution of a Preliminary Fire Assessment Resolution, which establishes preliminary
assessment rates for the purpose of providing notice to property owners within the City. Staff is recommending maintaining
the current fire assessment rates for FY 2009/2010.
EXPLANA TlON: This resolution will establish a preliminary rate to be levied, describing the method of assessing a fire
assessment fee and provide for the preparation of an assessment roll once finally adopted on September 14, 2009. The
Assessment will generate funds for the purpose of operating, maintaining, and improving fire services. The assessment
rates/roll would not be finalized and imposed until the Public Hearing on September 14, 2009 at which time a Final
Assessment Rate Resolution will be considered for adoption. Rates approved in the Preliminary Assessment Resolution can
be lowered, but not raised at the time they are considered at the September hearing.
PROGRAM IMPACT: This resolution will provide authority to establish a preliminary assessment rate to be levied on real
property in the City of Boynton Beach (subject to fmal approval at a September 14, 2009 Public Hearing). At the
recommended rates, it is anticipated that the assessment will generate $3,363,721 to help pay for operating personnel and
capital costs for fire service.
FISCAL IMPACT: Adoption of the resolution will provide the rate structure necessary to levy a fire assessment fee and
provide funding for the operations and maintenance of the FY 2009/1 0 Annual Fire Assessment Program. All costs
associated with the implementation of this program will be recovered through the assessment process.
ALTERNATIVES: Do not approve Resolution. - Fire Assessment Program would be discontinued, and the $3,363,721
budget shortfall would need to be otherwise addressed; Adopt Preliminary Rate Resolution with increased or decreased rates
resu;;dlting.....) .r ~
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Department Head's Signature City Manager's Signature
City Manager's Office
ssistant to City Manager
{;1M-
Department Name
City Attorney / Finance
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC
CITY OF BOYNTON BEACH, FLORIDA
PRELIMINARY RATE RESOLUTION
RoQ-09s-
ADOPTED JULY 21, 2009
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16
SECTION 17.
TABLE OF CONTENTS
Page
AUTHORITY.. ................. .... ............ .......................... ......... ........... ..........1
PURPOSE AND DEFINITIONS.. .......... ......... ........... ..... ....'....... ...... ....... 1
PROVISION AND FUNDING OF FIRE RESCUE SERVICES ............6
IMPOSITION AND COMPUTATION OF FIRE RESCUE
ASSI GNMENTS .................................................................... ..................7
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT
AND FAIR APPORTIONMENT.. ............~.............................................. 7
COST APPORTIONMENT METHODOLOGY ...................................11
PARCEL APPORTIONMENT METHODOLOGY .............................12
DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
ESTABLISHMENT OF INITIAL FIRE RESCUE ASSESSMENTS.. 13
ASSESSMENT ROLL ....... ....................................................... ............14
METHOD OF COLLECTION .................................... .................. ........ 14
AUTHORlZATION OF PUBLIC HEARING ......................................15
NOTICE BY PUBLICATIqN ..............................................................15
NOTI CE BY MAIL. .;..... ..,~.................................................................... 15
APPLICATION OF ASSESSMENT PROCEEDS ...............................15
CONFLICT.................................................................................. .......... 15
SEVERABILITy............. ................................. ........................ ...... ....... 15
EFFECTIVE DATE.................................................. .................... ........ 18
APPENDIX A: FIRE RESCUE INCIDENT REPORT
TYPE OF SITUA nON FOUND CODES'...........................................A-1
APPENDIX B FIXED PROPERTY USE CODES ...................................................... B-1
APPENDIX C IMPROVEMENT CODES ..................................................................C-l
APPENDIX D DOR CODES........................ ...................... ........................... .............. D-l
APPENDIX E ESTIMA TED FIRE RESCUE ASSESSMENT
"'u - .-''RAfE SCfIEDULE .................:...................... :..~::.. .'................ ....:~.-.~:: :E::r" -..-..
APPENDIX F PARCEL APPORTIONMENT METHODOLOGy........................... F-l
APPENDIX G FORM OF NOTICE TO BE PUBLISHED ....................................:....G-l
APPENDIX H FORM OF NOTICE TO BE MAILED ...............................................H-l
RESOLUTION NO. 09-
A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
RELATING TO THE PROVISION OF FIRE RESCUE SERVICES,
FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON
BEACH, FLORIDA; DESCRIBING THE METHOD OF ASSESSING
FIRE RESCUE ASSESSED COSTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE CITY OF BOYNTON
BEACH; DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING
THE PROVISION OF NOTICE THEREOF; AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the provisions of
Ordinance No. 08-017, Resolution R08-076, Sections 166.021 and 166.041, Florida
Statutes, and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS. This resolution constitutes the
Preliminary Rate Resolution as defined in the Ordinance. All capitalized words and tenTIS
not otherwise defined herein shall have the meanings set forth in the Ordinance and
Resolution R08-076 ("Initial Assessment Resolution"). Unless the context indicates
-. . -- - -'--_. - -- ._-~-_._,-
otherwise, words imparting the singular number, include the plural number, and vice versa
As used in this resolution, the following terms shall have the following meanings, unless the
context hereof otherwise requires:
"Building Area" means the adjusted area of a Building expressed in square feet
and reflected on the Tax Roll or, in the event such information is not reflected or
determined not to be accurately reflected on the Tax Roll, that area determined by the City.
"Code Descriptions" mean the descriptions listed in the Fixed Property Use Codes
and the Improvement Codes.
"Commercial Property" means those Tax Parcels with a Code Description
designated as "Commercial" in the Improvement Codes specified in Appendix C. '
"Cost Apportionment" means the apportionment of the Fire Rescue Assessed
Cost among all Property Use Categories according to the Demand Percentages established
pursuant to the apportionment methodology described in Section 6 of this Preliminary Rate
Resolution.
"Demand Percentage" means the percentage of demand for fire rescue services,
facilities, or programs attributable to each Property Use Category determined by analyzing
,
the historical demand for tire rescue services as reflected in the Fire Rescue Incident
Reports in the State Database under the methodology described in Section 6 of this
Preliminary Rate Resolution.
"OOR Code" means a property use code established in Rule 12D-8.008, Florida
Administrative Code, assigned by the Property Appraiser to Tax Parcels within the City,
atta~heQher~tQ as Appel1cli" p. '.'~,.
"Dwelling Unit" means (1) a Building, or a pOliion thereof, available to be used
for residential purposes, consisting of one or more rooms arranged, designed, used, or
intended to be used as living quarters for one family only, or (2) the use of land in which
lots or spaces are offered for rent or lease for the placement of mobile homes or the like for
residential purposes.
2
"Emergency Medical Services" means those services recorded in Incident Reports
that assign a "type of situation found code" of300, 300N, 311, 32, 321, 322, 323, 324, 381.
554, and 661. The "type of situation found codes" are attached hereto as Appendix A.
"Emergency Medical Services Cost" means the amount, other than first response
medical rescue services, determined by the City Commission to be associated with
Emergency Medical Services.
"Estimated Fire Rescue Assessment Rate Schedule" means that rate schedule
attached hereto as Appendix E and hereby incorporated herein by reference, specifying the
Fire Rescue Assessed Costs determined in Section 8 of this Preliminary Rate Resolution
and the estimated Fire Rescue Assessments established in Section 8 of this Preliminary Rate
Resolution.
"Fire Rescue Assessed Cost" means:
(1) the amount detelmined by the City Commission to be assessed in any
Fiscal Year to fund a:JI or any portion of the cost of the provision of fire rescue services.
facilities, or programs, which provide a special benefit to Assessed Property, and shall
include, but not be limited to, the following components: (A) the cost of physical
construction, reconstruction or completion of any required facility or improvement; (B) the
costs incurred in any required acquisition or purchase; (C) the cost of all labor, materials,
machinery, and equipment; (D) the cost of fuel, parts, supplies, maintenance, repairs, and
utilities; (E) the cost of computer services, data processing, and communications; (F) the
cost of all lands and interest therein, leases, property rights, easements, and franchises of
any nature whatsoever; (G) the cost of any indemnity or surety bonds and premiums for
insurance; (H) the cost of salaries, volunteer pay, workers' compensation insurance, or other
3
employment benefits; (I) the cost of uniforms, training, travel, and per diem; (J) the cost of
construction plans and specifications, surveys and estimates of costs; (K) the cost of
engineering, financial, legal, and other professional services; (L) the costs of compliance
with any contracts or agreements entered into by the City to provide fire rescue services;
(M) all costs associated with the structure, implementation, collection, and enforcement of
the Fire Rescue Assessments, including any service charges of the Tax Collector, or
Property Appraiser and amounts necessary to off-set discounts received fOr early payment
of Fire Rescue Assessments pursuant to the Uniform Assess'ment Collection Act or for early
payment of Fire Rescue Assessments collected pursuant to Section 3.02 of the Ordinance;
(N) all other costs and expenses necessary or incidental to the acquisition, provision, or
construction of fire rescue.services, facilities, or programs, and such other expenses as may
be necessary or incidental to any related financing authorized by the City Commission by
subsequent resolution; (0) a reasonable amount for contingency and anticipated
delinquencies and uncollectible Fire Rescue Assessments; and (P) reimbursement to the
City or any other Person for any moneys advanced for any costs incurred by the City or
such Person in connection with any of the foregoing components of Fire Rescue Assessed
. ~ ...... "-. - ,. - . ,... . ... -
Cost.
(2) In the event the City also imposes an impact fee upon new growth or
development for fire rescue related capital improvements, the Fire Rescue Assessed Cost
shall not include costs attributable to capitalfinprovements necessitated by new growth or
development that will be paid by such impact fees.
(3) In no event shall the Fii."e Rescue Assessed Cost include any amount
attributable to the Emergency Medical Services Cost.
4
"Fire Rescue Incident Reports" means those Incident Reports that do not record
Emergency Medical Services.
"Fixed Property Use Codes" mean the property use codes used by FFIRS as
specified in Appendix B attached hereto and incorporated herein by reference.
"FFIRS" means the Florida Fire Incident Reporting System maintained by the
Florida State Fire Marshal.
"Improvement Codes" mean the building use codes assigned by the Property
Appraiser to Tax Parcels within the City as specified in Appendix C attached hereto and
incorporated herein by reference.
"Incident Report" means fuj individual report filed with the Florida State File
Marshal under FFIRS.
"lndustrialIWarehouse Property" means those Tax Parcels with a Code
Description designated as "Industrial/Warehouse" in the Improvement Codes specified in
Appendix C.
"Institutional Property" means those Tax Parcels with a Code Description
designated as "Institutional" in the Improvement Codes specified in Appendix C.
"Mixed Use Property" means a Tax Parcel that contains Buildings whose use
descriptions are capable of assigmnent under a Code Description in the Improvement Codes
in more than one Property Use Category.
"Non-Residential Property" means, collectively, Commercial Property,
Industrial/Warehouse Property, Institutional Property, and Nursing Home Property.
"Nursing Home Property" means those Tax Parcels with a Code Description
designated as "Nursing Home" in the Improve~ent Codes specified in l\ppendix D.
5
"Parcel Apportionment" means the further apportionment of the Fire Rescue
Assessed Cost allocated to each Property Use Category by the Cost Apportionment among
the Tax Parcels under the methodology established in Section 7 of this Preliminary Rate
Resolution.
"Property Use Categories" mean, collectively, all categories of Residential
Property and all categories of Non-Residential Property.
"Residential Property" means, those Tax Parcels with a Code Description
designated as "Residential" in the Improvement Codes specified in Appendix C.
"State Database" means the incident data specific to the City derived from the
FFIRS Incident Reports maintained by the Florida State Fire Marshal.
" Tax Parcel" means a parcel of property located within the City to which the
Property Appraiser has assigned a distinct ad valorem property tax identification number.
SECTION 3. PROVISION AND FUNDING OF FIRE RESCUE SERVICES.
(A) Upon the imposition of a Fire Rescue Assessment for fire rescue services,
facilities, or programs against Assessed Property located within the City, the City shall
provide fire rescueuservjces to such Assessed Property. A portion of the cost to provide
such fire rescue services, facilities, or programs shall be funded from proceeds of the Fire
Rescue Assessments. The remaining cost required to provide fire rescue services, facilities,
and programs shall be funded by legally available City revenues other than Fire Rescue
Assessment proceeds.
(B) It is hereby ascertained, determined, and declared that each parcel of
Assessed Property located within the City will be benefitted by the City's provision of fire
rescue services, facilities, and programs In' an amount not less than the Fire Rescue
6
Assessment imposed against such parcel, computed In the manner set forth In this
Preliminary Rate Resolution,
SECTION 4. IMPOSITION AND COMPUT A TION OF FIRE RESCUE
ASSESSMENTS. Fire Rescue Assessments shall be imposed against all Tax Parcels
within the Property Use Categories. Fire Rescue Assessments shall be computed in the
manner set forth in this Preliminary Rate Resolution.
SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
F AIR APPORTIONMENT. It is hereby ascertained and declared that the Fire Rescue
Assessed Costs provide a special benefit to the Assessed Property based upon the following
legislative determinations and based upon that certain report entitled "City of Boynton
Beach Fire Assessment Memorandum," May 2008, prepared by Government Services
Group, Inc., which is hereby incorporated herein by reference.
general
(A) Upon the adoption of this Preliminary Rate Resolution determining the Fire
Rescue Assessed Costs and identifying the Assessed Property to be included in the
Assessment Roll, the legislative detenninations of special bepefit ascertained and declared
in Section 1.04 of the Ordinance are hereby ratified and confirmed.
(B) It is fair and reasonable to use the Improvement Codes and the DOR Codes
of the Cost Apportionment and the Parcel Apportionment because: (1) the Tax Roll
database employing the use of such property use codes is the most comprehensive, accurate,
and reliable information readily available to determine the property use and Building Area
for improved property within the City, and (2) the Tax Roll database within such property
use codes is maintained by the Property Appraiser and is thus consistent with parcel
'"
!
designations on the Tax Roll which compatibility permits the development of an
Assessment Roll in conformity with the requirements of the Uniform Method of Collection.
(C) The data available in the Improvement Codes is more useful and accurate to
determine Building Area than relying exclusively upon the data maintained in the DOR
Code alone because (1) the data maintained in the Improvement Codes reveals the existence
of a Building with a different use than the use described on the DOR Code, (2) the
Improvement Codes represent records maintained by the Property Appraiser with the most
information relative to Building Area regardless of property use and (3) the City conducted
field work to ascertain Building use when sufficient information was not available.
cost apportionment
(D) It is fair and reasonable and consistent with the decision from the Florida
Supreme Coult in the case of City of North Lauderdale v. SMM Properties. Inc., 825 So. 2d
343 (Fla. 2002), to exclude from the Fire Rescue Assessed Cost amounts determined to
constitute the Emergency Medical Services Cost.
(E) Apportioning the Fire Rescue Assessed Cost among classifications of
improved prop~rty bEiseg llPol1l1istoricaJ demand for fire rescue services, but not
Emergency Medical Services, is fair and reasonable and proportional to the special benefit
received.
(F) The Fire Rescue Incident Reports are the' most reliable data available to
determine the potential demand for fire rescue services from property use and to determine
the benefit to property use resulting from the availability of fire rescue services to protect
and serve Buildings located within the Assessed Property and their intended occupants.
There exist sufficient Fire Rescue Incident RepOlts that document the historical demai1.d for
8
fire rescue servIces from Assessed Property within the PropeI1y Use Categories. The
Demand Percentage that has been determined for each Property Use Category by an
examination of such Fire Rescue Incident Reports is consistent with the experience of the
City. Therefore, the use of Demand Percentages that were determined by an examination of
Fire Rescue Incident RepOlis is a fair and reasonable method to apportion the Fire Rescue
Assessed Costs among the Property Use Categories.
(G) The historical demand for fire rescue service availability for multi-family
and single-family Residential Propeliy is substantially similar and any difference in the
percentage of documented fire rescue calls to such specific property uses is statistically
insignificant.
(H) As a result of the urbanized character of the City, the suppression of fire on
vacant property primarily benefits the Buildings within the adjacent improved property by
the containment of the spread of fire rather than the preservation of the vacant property.
Therefore, it is fair and reasonable not to apportion any of the Fire Rescue Assessed Costs
to vacant property and the Fire Rescue Incident Reports documenting historical fire services
provided to vliGEl.nt property were thus omitted from the DemanclYercentage calculation.
(I) The level of services required to meet anticipated demand for the rescue
services and the corresponding annual fire rescue budget required to fund fire rescue
servIces provided to non-specific property uses would be required notwithstanding the
OCCUlTence of any incidents from such non-specific property uses. Therefore, it is fair and
reasonable to omit from the Demand Percentage calculation the Fire Rescue Incident
Reports documenting fire rescue services provided to non-specific property uses.
9
residential parcel apportionment
(1) Neither the size nor the value of Residential Property determines the scope
of the required fire rescue response. The potential demand for fire rescue services is driven
by the existence of a Dwelling Unit and the anticipated average occupant population.
(K) Apportioning the Fire Rescue Assessed Cost for fire rescue services
attributable to Residential Property 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 call data.
Non-Residential parcel apportionment
(L) The separation of 'improved Non-Residential Property by actual square
footage is fair and reasonable for the purpose of Parcel Apportionment because the demand
for fire rescue service is determined and measured by the actual square footage of structures
and improvements within benefited parcels.
(M) The demand for the availability of fire rescue services diminishes at the
outer limit of Building size because a fire occurring in a structure greater than a certain size
. i~LnQtPJ:l]J~lJJ~ of lJ_~ing supPr~ss~cJunderexp~ct~9 _9gn4~tjo.I1s ~4 giyen th~ a\,~ilabil_~~_ of
fire control combat personnel, equipment and apparatus within the City. In such
circumstances, the fire control activities of the City are directed to avoid the spread of the
fire event to adjacent Buildings. Therefore, it is fair and reasonable to place a cap on the
Building Area classification of benefitted parcels within Non-Residential Property based on
the fire control personnel, equipment, and apparatus available within the City.
(N) Institutional Property whose use is exempt from the valorem taxation under
Florida law provided facilities and uses to the ownership, occupants, membership as well as
10
the public in general that otherwise might be requested or required to be provided by the
City' and such property uses serve a legitimate public purpose and provide a public benefit.
Therefore, it is fair and reasonable not to impose Fire Rescue Assessments upon such
parcels of Institutional Property whose use is exempt from ad valorem taxation under
Florida law. Accordingly, pursuant to Section 2.14 of the Ordinance, no Fire Rescue
Assessment shall be imposed upon a parcel of Institutional Property whose use is wholly
exempt from the ad valorem taxation under Florida law,
(0) Government Property provides facilities and uses to the community, local
constituents and the public in general that serves a legitimate public purpose and provides a
public benefit. Therefore, it is fair CUJd reasonable not to impose Fire Rescue Assessments
upon such parcels of Government Property pursuant to Section 2.14 of the Ordinance.
(P) Nursing Home Property provides facilities for the care of elderly and
disabled residents of the City. Such facilities provide a benefit to the public by offering
care and assistance to vulnerable members of the community. Therefore, it is fair and
reasonable to impose a Fire Rescue Assessment against Nursing Home Property based on
the Fire Rescue Assessment rate established for Institutional Property notwithstanding the
Demand Percentage determined for Nursing Home Propel1y to avoid increasing the cost of
care for the elderly and disabled.
SECTION 6. COST APPORTIONMENT METHODOLOGY.
(A) Utilizing data from the Fire Rescue Incident Reports related to the type of
calls and physical location of each call, the City assigned fire rescue incidents located
within the City, to Property Use Categories.
] ]
(B) Based upon such assignment of Fire Rescue Incident Reports to Property
Use Categories, the number of Fire Rescue Incident Reports filed within a sampling period
was determined for each Property Use Category. A Demand Percentage was then
determined for each Property Use Category by calculating the percentage that Fire Rescue
Incident Reports allocated to each Property Use Category bear to the total number of Fire
Rescue Incident Reports documented for all Property Use Categories within the sampling
period.
(C) Appendix C contains a designation of Code Descriptions by Property Use
Category with the Improvement Codes. Such a cOlTelation between Code Descriptions by
Property Use Category on the Fire Rescue Incident Reports and the Improvement Codes is
necessary to allocate the historical demand for fire rescue services, as reflected by the Fire
Rescue Incident Reports, to Tax Parcels on the Tax Roll within the Property Use
Categories.
CD) The Demand Percentage for each. Property Use Category was then applied
to the Fire Rescue Assessed Costs and the resulting product as the cost allocation of that
portion of the Fire Rescue Assessed Costs allocated to each individual Property Use
Category.
SECTION 7. PARCEL APPORTIONMENT METHODOLOGY.
(A) The apportionment among ,Tax Parcels of that portion of the Fire Rescue
Assessed Costs allocated to each Property Use Category under the Cost Apportionment
shall be consistent with the Parcel Apportionment methodology described and determined
in Appendix F, which Parcel Apportionment methodology is hereby approved, adopted, and
incorporated into this Preliminary Rate Resolution by reference.
12
(B) It is hereby acknowledged that the Parcel Apportionment methodology
described and determined in Appendix F is to be applied in the calculation of the estimated
Fire Rescue Assessment rates established in Section 8 of this Preliminary Rate Resolution.
SECTION 8. DETERMINATION OF FIRE RESCUE ASSESSED COSTS;
EST ABLISHMENT OF PRELIMINARY FIRE RESCUE ASSESSMENTS.
(A) The Fire Rescue Assessed Costs to be assessed and apportioned among
benefitted parcels pursuant to the Cost App0l1ionment and the Parcel Apportionment for the
Fiscal Year commencing October 1, 2009, is the amount detelmined in the Estimated Fire
Rescue Assessment Rate Schedule, which is attached hereto as Appendix E and
incorporated herein by reference. The approval of the Estimated Fire Rescue Assessment
Rate Schedule by the adoption of this Preliminary Rate Resolution determines the amount
of the Fire Rescue Assessed Cost. The remainder of such Fiscal Year budget for fire rescue
services, facilities, and programs shall be funded from legally available City revenue other
than Fire Rescue Assessment proceeds,
(B) The estimated Fire Rescue Assessments specified in the Estimated Fire
Rescue Assessment Rate Schedule are hereby established to fund the specified Fire Rescue
Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2009.
No portion of such Fire Rescue Assessed Cost is attributable to impact fee revenue that
funds capital improvements necessitated by new growth or development. Further, no
portion of such Fire .Rescue Assessed Costs are attributable to the Emergency Medical
Services Cost.
(C) The estimated Fire Rescue Assessments established in this Preliminary Rate
Resolution shall be the estimated assessment rates applied by the City Manager in Lhe
13
preparation of the preliminary Assessment roll for the Fiscal Year commencing October 1,
2009, as provided in Section 9 ofthis Preliminary Rate Resolution.
SECTION 9. ASSESSMENT ROLL.
(A) The City Manager is hereby directed to prepare, or cause to be prepared, a
preliminary Assessment Roll for the Fiscal Year commencing October 1, 2009, in the
manner provided in the Ordinance. The Assessment Roll shall include all Tax Parcels
within the Propel1y Use Categories. The City Manager shall apportion the estimated Fire
Rescue Assessed Cost to be recovered through Fire Rescue Assessments in the manner set
forth in this Preliminary Rate Resolution.
(B) A copy of this Preiiminary Rate Resolution, documentation related to the
estimated amount of the Fire Rescue Assessed Cost to be recovered through the imposition
of Fire Rescue Assessments, and the preliminary Assessment Roll shall be maintained on
file in the office of the City Clerk and open to public inspection. The foregoing shall not be
construed to require that the preliminary Assessment Roll be in printed form if the amount
of the Fire Rescue Assessment for each parcel of property can be determined by the use of a
computer terminal available to the public.
(C) It is hereby ascertained, determined, and declared that the method of
detennining the Fire Rescue Assessments for fire rescue services as set forth in this
Preliminary Rate Resolution is a fair' and reasonable method of apportioning the Fire
Rescue Assessed Cost among parcels of Assessed Property located within the City.
SECTION 10. METHOD OF COLLECTION. It is hereby declared that pursuant to
Section 3.01 of the Ordinance that the Fire Rescue Assessments shall be collected and
enforced pursuant to the Uniform Assessment Collection Act for Fiscal Year 2009-2010
14
SECTION 11. AUTHORIZATION OF PUBLIC HEARING. There 1S here b)
established a public hearing to be held at 6:30 p.m. on September 14, 2009, in the
Commission Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach,
Florida, at which time the City Commission will receive and consider any comments on the
Fire Rescue Assessments from the public and affected property owners and consider
imposing Fire Rescue Assessments.
SECTION 12. NOTICE BY PUBLICATION. The City Manager shall publish a notice
of the public hearing authorized by Section 11 hereof in the manner and time provided in
Section 2.04 of the Ordinance. The notice shall be published no later than August 24, 2009.
in substamiaiiy the form attached hereto as Appendix G.
SECTION 13. NOTICE BY MAIL. The City Manager shall also provide mailed notice
to the Owner of each parcel of Assessed Propeliy, as required by Section 2.05 of the
Ordinance.
SECTION 14. APPLICATION OF ASSESSMENT PROCEEDS. The revenue derived
from the City's Fire Rescue Assessments will be utilized for the provision of fire rescue
services, facilities, and programs, as reflected by the Fire Rescue Assessed Cost. In the
event there is any fund balance remaining at the end of the Fiscal Year, such balance shall
be carried forward and used only to fund fire rescue services, facilities, and programs,
SECTION 15. CONFLICTS. An resolutions or parts of resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 16. SEVERABILITY. If any clause, section, other part or application of this
resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid,
15
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
SECTION 17. EFFECTIVE DATE. This Preliminary Rate Resolution shall take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED this _ day of
,2009
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Gerald Taylor
Vice Mayor - Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
ATTEST:
Commissioner - Marlene Ross
Janet M. Prainito, CMC
City Clerk
(CORPORATE SEAL)
H:\1990\900182.BB\Fire Assessment\Preliminary Rate Rcsoluticn 2009.doc
16
APPENDIX A
FIRE RESCUE INCIDENT REPORT
TYPE OF SITUATION FOUND CODES
FIRE RESCUE INCIDENT REPORT
TYPE OF SITUA lION FOUND CODES
Situation Found
100
111
112
113
116
11 B
130
131
132
134
137
140
141
142
143
150
151
154
160
162
173
200
220
251
300
SOON
311
32
321
322
323
324
331
341
351
353
3B1
400
410
411
412
413
440
441
442
443
444
445
Description
Fire, Other
Building Fire
Fires In structures other than in a building
Cooking fire. confined to a container
Fuel burner/boiler malfunction, fire confined
Trash or rubbish fire, contained
Mobile property (vehicle) fire, other
Passenger vehicle fire
Road freight or transport vehicle fire
Water vehicle fire
Camper or RV fire
Natural vegetation fire
Forest, woods or wildland fire
Brush, or brush and grass mixture fire
Grass fire
Outside rubbish fire, other
Outside rubbish, trash or waste fire
Dumpster or other outside trash receptacle fire
Special outside fire, other
Outside equipment fire
Cultivated trees or nursery stock fire
Overpressure rupture, explosion, overheat, other
Overpressure rupture from air or gas, other
Excessive heat, scorch burns with no Ignition
Rescue, EMS call, other
Rescue, EMS call, other, NON-SPECIFIC FPU
Medical assist, assist EMS crew
Emergency medical call
EMS call, excluding vehicle accident with Injury
Vehicle accident with Injuries
Mo~or vehicle/pedestrian accident (MV Ped)
Motor Vehicle Accident, No Injuries
Lock-In (If lock out, use 511)
Search for person on land
ExtricatIOn of victim(s) from building/structure
Removal of vlcUm(s) from stalled elevator
Rescue or EMS standby
Hazardous condition, other
Flammable gas or liquid condition, other
Gasoline or other flammable liquid spll/
Gas leak
Oil or other combustible liquid spill
Electrical wiring/equipment problem, other ",
Heat from short circuit (wiring), defective/worn
Overheated motor
Light ballast breakdown
Power line down
Arcing, shorted electrical equipment
EMS Type Call
N
N
N
'N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N
N'
N
N
N
y
y
y
y
y
y
y
y
N
N
N
N
Y
N
N
N
N
N
N
N
N
N
N
N
Situation Found Description EMS Type Call
460 Accident, potential accident, other N
463 Vehicle accident, general cleanup N
480 Attempted burning, illegal action, other 1\1
500 Service calf, 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
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 Pollee matter N
553 Public service N
554 Assist invalid v
555 Defective elevator !\)
561 UnauthorIzed burning N
57'j Cover assignment, standby, muveup "
"
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 tD be smDke N
653 Barbecue, tar kettle N
661 EMS call, party transpDrted by nDn-ilre agency Y
671 Hazmat release investigation wino hazmat N
700 False alarm or false call, other N
710 Malicious, mlschievous'false call, Dther N
711 Municipal alarm system, maliciDus false alarm N
712 Direct tie to FD, maliciDus/false alarm N
713 Telephone, malicious false alarm N
714 Central station, malicious false alarm ~'
. ,
715 Local alarm system, maliciDus false alarm N
721 Bomb scare - no bomb N
730 System malfunctlDn N
731 Sprinkler activation due to malfunction N
733 Smoke detector activatIon due to malfuncllon N
734 Heat detector actlvatlon due to malfunction N
735 Alarm system sounded due to malfunction N
740 Unintentional transmisslDn of alarm, other 1\1
741 Sprinkler actlvatlDn, no fire - unintentional N
742 Extinguishing system activation N
743 Smoke detector activation, no fire - unintentional N
744 Detector activatiDn, no fire - unintentional N
745 Alarm system sounded, nD fire - unlntentiDnal N
746 Carbon monoxide detector activation, no CO N
Situation Found
613
614
900
911
Description
Wind storm. tornado/hurricane assessment
, LightnIng strike (no fire)
SpecIal type of incident, other, Dumpster lire
CitIzen complaint
EMS Type Call
N
N
N
N
APPENDIX B
FIXED PROPERTY USE CODES
FIXED PROPERTY USE CODES
Fixed Property Use
000
100
110
111
113
116
120
121
122
123
124
. 129
130
131
134
140
141
142
144
150
151
160
161
162
170
173
181
183
200
210
211 .
213
215
241
254
255
300
311
321
322
323
331
340
341
342
343
361
365
400
4191
Description
FIXED PROP USE UNDETERMINED
UNKNOWN OTHER
FIXED USE RECREATION, OTHER
BOWLING ESTABLISHMENT
AMUSEMENT CENTER
SWIMMING FACILITY
VARIABLE USE AMUSEMENT/RECREATION
BALLROOM,GYMNASIUM
EXHIBITION HALL
ARENNSTADIUM
PLAYGROUND
AMUSEMENT CENTER INDOOR/OUTDOOR
PLACES OFWORSH1P,CHURCH,FUNERAL PARLOR
CHURCH/CHAPEL
FUNERAL PARLOR/CHAPEL
CLUBS, OTHE~
ATHLETIC CLUBIYMCA
CLUB HOUSE
CASINO, GAMBLING CLUBS
PUBLIC, GOVT, OTHER
LIBRARY
EATING/DRINKING PLACES
RESTAURANT
NIGHTCLUB
TERMINALS OTHER
BUS TERMINAL
PERFORMANCE THEATER
MOVIE THEATER
EDUCATIONAL PROPERTY OTHER
SCHOOLS NON-ADULT OTHER
PRE-SCHOOL
ELEMENTARY SCHOOL
HIGH SCHOOUJR HIGH/MIDDLE SCHOOL
COLLEGE/UNIVERSITY
DAY CARE-IN COMMERCIAL PROPERTY
DAY CARE-IN RESIDENCE.L1CENSED
HEAL THCARE/DETENTION OTHER
CARE OF THE AGED/NURSING STAFF
MENTAL RETARDATION/DEVELOPMENT DISABILITY FACILITY
ALCOHOUSUBSTANCE ABUSE RECOVERY CENTER
ASYLUM/MENTAL INSTITUTION
HOSPITAL-MEDICAUPSYCHIA TRIC
CLINICS, OTHER
CLINIC, CLINIC-TYPE INFIRMARY
DOCTOR/DENTIST/SURGEONS OFFICE
HEMODIALYSIS UNIT
JAIUPRISON - NOT JUVENILE
POLICE STATION "
RESIDENTIAL OTHER
ONE-FAMILY DWELLING
Category Assigned
.NON-SPECIFIC .
NON-SPECIFIC
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
INSTITUTIONAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
IN~mTUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
NURSING HOMES
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
COMMERCIAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
RESIDENTIAL
RESIDENTIAL
Fixed Property Use
4192
429
439
449
459
460
500
511
519
529
539
549
557
559
564
569
571
579
580
!i81
592
593
596
599
600
629
639
642
644
647
648
700
800
880
882
888
891
899
900
919
921
926
931
935
936
937
938
940
941
946
951
952
Description
1WO-FAMIL Y DWELLING
MULTI-FAMILY DWELLINGS
ROOMING, BOARDING, RESIDENTIAL HOTELS
HOTELS, MOTELS. INNS, LODGES
RESIDENTIAL BOARD AND CARE
DORMITORIES OTHER
MERCANTILE PROPERTIES OTHER
CONVENIENCE STORE
FOOD, BEVERAGE SALES, GROCERY STORE
TEXTILE, WEARING APPAREL SALES
HOUSEHOLD GOODS SALES, REPAIRS
SPECIALTY SHOPS
BARBER. BEAUTY SHOP, PERSONAL SERVICES
RECREATIONAL, HOBBY,HOME SALES, PET STORE
SELF-SERVICE LAUNDRY/DRY CLEANING
PROFESSIONAL SUPPLIES
SERVICE STATION
MOTOR VEHICLE, BOAT SALES/SERVICE/REPAIRS
GENERAL ITEM STORES, OTHER
Category Assigned
RES1DEDNTIAL
RESIDENTIAL
RESIDENTIAL
COMMERCIAL
NURSING HOMES
INSTITUTIONAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
iNSTITUTIONAL
COMMERCIAL
INDUSTRIALMlAREHOUSE
IN\?USTRIALMlAREHOUSE
INDU8TRIAlIWA~EHOUSE .
I NDU STRIALMlAREHOUSE
INDU8TRIAUWAREHOUSE
INDUSTRIALMlAREHOUSE
INDUSTRIAUWAREHOUSE
INDUSTRIALlWAREHOUSE
INDUSTRIALlWAREHOUSE
INDU8TRIAUWAREHOUSE
INDUSTRIALlWAREHOUSE
INSTITUTIONAL
NDUSTRIALlWAREHOUSE
INDUSTRIAUWAREHOUSE
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NOT USED
COMMERCIAL
NOT USED
NON-SPECIFIC
NOT USED
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
DEPARTrv1ENT STORE
BANK W/FIRST STORY BANKING FACILITY
MEDICAL, RESEARCH, SCIENTIFIC OFFICE
POST OFFICE OR MAILING FORMS
BUSINESS OFFICES
BASIC INDUSTRY, UTILITY, DEFENSE OTHER
LABORATORIES
COMMUNICATIONS CENTER
ELECTRIC TRANSMISSION DI8TIB. SYSTEM
GAS DISTRIBUTION SYSTEM, PIPELINE
WATER UTILITY
SANITARY SERVICE
MANUFACTURING PROPERTY, PROCESSING
STORAGE PROPERTY OTHER
VEHICLE STORAGE; OTHER
GENERAL VEHICLE PARKING GARAGE
FIRE STATIONS
GENERAL WAREHOUSE
RESIDENTIAL OR SELF STORAGE UNITS
OUTSIDE, SPECIAL PROPERTIES; OTHER
DUMP SANITARY LANDFILL
BRIDGE, TRESTLE
OUTBUILDING, EXCLUDING GARAGE
OPEN LAND, FIELD
CAMPSITE WITH UTILITIES
VACANT LOT
BEACH
GRADED AND CARED FOR PLOTS OF LAND
WATER AREAS, OTHER
IN OPEN SEA, TIDAL WATERS
LAKEfRIVERfSTREAM
RAILROAD RIGHT OF WAY
SWITCH YARD, MARSHALLING YARD
Fixed Property Use
960
961
962
963
965
981
983
984
UUU
Description
STREET,OTHER
DIVIDED HIGHWAY, HIGHWAY
PAVED PUBLIC STREET, RESIDENTIAL
PAVED PRIVATE STREET, COMMERCIAL
UNCOVERED PARKING AREA
CONSTRUCTION SITE
PIPELINE, POWER LINE RIGHT OF WAY
INDUSTRIAL PLANT YARD
UNDETERMINED
Category Assigned
, NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
NON-SPECIFIC
INDUSTRIALlWAREHOUSE
NON-SPECIFIC
APPENDIX C
IMPROVEMENT CODES
IMPROVEMENT CODES
SUC
00
0000
0010
0030
0100
0110
0130
0150
0200
0300
0400
0410
0420
0430
0440
0450
0460
046DD
0500
0510
060
0600
0700
0800
0900
0909
1000
170
210
220
, 2200
230
240
2500
260
2700
2800
2900
301
340
350
351
360
361
362
364
365
370
371
Bue DESCRIPTION
GSG - VACANT/SLOG RAZED
CONDO ONLY LAND
VACANT TOWNHOUSE
VACANT ZERO LOT LINE
SFR
TOWNHOUSE-COMM ZONING
ZERO LOT LINE
SFR-C
SFT-MFG
SFR-ZERO LOT LINE
CONDO
TOWNHOUSE
TIMESHARE
ZERO LOT LINE
TWNHS-VILLA
SFR-C
CONDO COMM
DOCK CONDOMINIUM
EXC-ZERO LOT
CO-OP
EFFICIENCY APT
RENTAL UNIT
EXC TWHSENILLA
MOBILE HOME
EXC-RESIDENT
EXC-LUX.RES
CONDO L.RlSE
DORMITORY
APARTMENTS
APARTMENTS LOW RISE
MFR LOW RISE
APARTMENTS HIGH RISE
APARTMENTS-TO
MFR ROW HOUSE
APARTMENTS - SENIOR
DUPLEX
TRIPLEX
QUAD RAP LEX
SFR CONVERT TO COMM
COMMERCIAL MIXED
RETAIL SINGLE OCC
DRUG STORE FREE '
DISCOUNT DEPT S '
MEGA DISCOUNT STORE
VETERINARY CLlN
HOME IMPROVEMEN
FURNITURE STORE
DEPARTMENT STORE
DOWNTOWN ROW TY
CATEGORY NAME
NOT USED
NOT USED
NOT USED
NOT USED
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
COMMERCIAL
NOT USED .
ASSIGNED BY FIELDWORK
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
lRESIDENTIAL
INSTITUTIONAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RESIDENTIAL
RE~IDENTIAL
COMMERCIAL
ASSIGNED BY FIELDWORK
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
BUC
374
380
390
400
410
420
430
440
450
460
470
490
500
520
530
540
550
551
560
570
580
582
583
587
588
589
590
591
593
600
610
614
620
630
640
641
650
651
652
660
662
665
670
680
690
691
695
700
710
712
720
721
BUC DESCRIPTION
RETAIL MULTI OCC
STRIP SHOPPING
COMM SHOPPING CTR
REGIONAL SHPMAL
SUPER REG SHOPM
SUPERMARKET
CONVENIENCE FOOD
HOTEL/MOTEL BUS
RESORT HOTEL
HOTEL/MOTEL LO
HOTEL- HI RISE
OFFICE SLOG UR
OFFICE H-R 5ST
MEDICAL OFFICE
HOSPITALS
NURSING HOME
BARrrAVERN
COCKTAIL LOUNGE
RESTAURANT
FRANCHISE FOOD
BOWLING ALLEY
SKATING RINK
HEALTH CLUB
COUNTRY CLUB
PRIVATE CLUB
COUNTRY CLUBIW GOLF CRSE
ARENA
GYMNASIUM
DOG/HORSE TRACK
AUDITORIUM
CINEMArrHEATER
RADIOITV/ PIC S
BANK/MAIN OFFIC
NEIGHBORHOOD BANK
SERVICE STATION
SERVICE STATION
CAR WASH - AUTO
CAR WASH - MANU
CAR WASH SERVIC
AUTO SERVICE GARAGE
KWIK LUBE
GARAGE STORAGE
OFFICEIWAREHOUS
FUNERAL HOME
CLUBHOUSE
SOCIAL/FRATERNAL
GUARDHOUSE
COLD STORAGE
RAIL/BUS/AIR TE
TELECOMMUNICATI
PARKING GARAGE
RADIOITV TRANSM
CA TEGORY NAME
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
INSTITUTIONAL
NURSING HOMES
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
COMMERCIAL
CqMMERCIAL
COMMERCIAL
INDUSTRIALfWAREHOUSE
i\SSIGNED BY FIELDWORK
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
COMMERCIAL
I,ND,USTRIALlWAREHOUSE
COMMERCIAL .
COMMERCIAL
IN DU STR IALiVVAREHOUSE
ASSIGNED BY FIELDWORK
BUC
730
750
800
810
820
830
840
841
850
860
861
870
880
900
901
910
912
920
930
950
960
970
MHPK
BUC DESCRIPTION
DAY CARE CENTER
AUTO DEALER/F-S
LIGHT MANUFACTURING
HEAVY MANUFACTURING
WAREHOUSE DISTR
MINI WAREHOUSE
WAREHOUSE STORAGE
WAREHOUSE SINGLE
HANGAR
BARNS
RESIDENTIAL BARN
PREFAB WAREHOUSE
TECHNICAL MANUF
SCHOOL
COLLEGES / UNIV
RI;L1GIOUS
LIBRARY
EDUCATION/RELlG
GOVERNMENTAL
POLICE/FIRE STN
CORRECTIONAL
CULTURAL FACILITY
MOBILE HOME PARK
CATEGORY NAME
COMMERCIAL
COMMERCIAL
lNDUSTR1AlfWAREHOUSE
INDUSTRIAlNVAREHOUSE
INDUSTRIAlNVAREHOUSE
INDUSTRIALNVAREHOUSE
INduSTRIALNVAREHOUSE
INDUSTRIALNVAREHOUSE
COMMERCIAL
NOT USED
NOT USED
INDUSTRIALNVAREHOUSE
INDUSTRIALNVAREHOUSE
INSTITUTIONAL
!NS,;f1TUT10NAL
INSTITUTIONAL
INSTITUTIONAL'
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
INSTITUTIONAL
RESIDENTIAL
t~,
APPENDIX D
nOR CODES
DOR CODES
OOR Code OOR Description
0000 VACANT
0010 VACANT TOWNHOUSE
0030 VACANT ZERO LOT LINE
0050 VACANT SFR CONDO
0100 SINGLE FAMILY
0101 SINGLE FAMILY-COMM ZONING
0104 SINGLE FAM1L Y-IND ZONING
0110 SINGLE FAMILY-COMM ZONING
0130 ZERO LOT LINE
0140 SINGLE FAMIL Y-fND ZONING
0150 SFR-C
0200 MOBILE HOME
.0210 TANGIBLE MOBILE HOME
0300 MULTIFAMILY
0304 MULTIFAMILY CONDO CONVERSION
0305 MULTIFAMILY> 10 UNITS Income Restricted
0400 CONDOMINIUM
0410 TOWNHOUSENlLLA
0420 TIMESHARE
0430 ZERO LOT LINE
0450 SFR-C
0460 . CONDO COMMERCIAL
0469 COMMERCIAL CONDO
0500 MHT COOP
0510 COOPERATIVE
0600 RETIREMENT
0605 RETIREMENT Income RestrIcted
0620 LIFE CARE HX
0700 MISC RESIDENCE SFR
0800 MULTIFAMILY < 10 UNITS
0801 MULTIFAMILY < 10 UNITS-COMM ZONING
0804 MULTIFAMILY < 10 UNITS-IND ZONING
0810 MULTIFAMILY < 10 UNITS-COMM ZONING
0840 MULTIFAMILY < 10 UNITS-IND ZONING
1000 VACANT COMMERCIAL
1100 STORES
1200 STORE/OFFICE/RESIDENTIAL
1300 DEPARTMENT STORE
1400 SUPERMARKETIDRUG STORE
1500 SHOPPING CENTER REGIONAL
1600 SHOPPING CENTER CMMITY
1700 OFFICE ONE STORY
1800 OFFICE MULTISTORY
1900 PROF OFFICES
2000 AIRPORT/MARINA
2010 WORKING WATERFRONT
2100 RESTAURANT
2200 RESTAURANT, DRIVE IN
2300 FINANCIAL
._.__......._~-_.__.._--_.---------~-_._..-_...._~_.,.._-------"-.--------.-------
____'___n_~..__.._ _ ____~_~.___.__.___,_____.._._..._~_____,____.____._.__... _.0_'__'
__~__~_ __..__... .0 _.,_o___._________.__._..____.__,._..._.____.._.__~_.__---------.-
DOR Code
------
2400
2500
2600
2700
2800
2900
3000 .
3100
3200
3300
3400
3500
3600
370b
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
4960
4969
5000
5100
5200
5300
5400
5500
5600
5700
5800
5900
6000
6100
6200
6300
6400
6500
6600
6700
6800
6900
7000
7100
7200
7300
DOR Description
INSURANCE
SERVICE SHOPS
SERVICE STATION
AUTO SALES
PKG L T / MH PK
WHOLESALER
FLORIST
DRV-IN THEATER
THTR/AUD/CLBHS
NIGHT CLUBS
BOWLING ALLEY
TOURIST ATTRAC
CAMPS
RACETRACK
GOLF COURSE
MOTEL
VACANT INDUSTRIAL
LIGHT MFG
HEAVY MFG
LUMBER YARD/MILL
PACKING
BOTTLER
FOOD PROCESSING
MIN PROCESSING
WAREHIDIST TERM
OPEN STORAGE
CONDO - NON RESIDENTIAL
COMMERCIAL CONDO
IMPROVED ARGI
CROP SOIL CLASS 1
CROP SOIL CLASS 2
CROP SOIL CLASS 3
TIMBER SI 90+
TIMBER SI 80-89
TIMBER SI 70-79
TIMBER SI 60-69
TIMBER SI 50-59
TIMBER NOT CLASSED
GRAGSOIL CLASS 1
GRZGSOIL CLASS2
GRZGSOIL CLASS3
GRZGSOIL CLASS4
GRZGS01L CLASS5
GRZGSOIL CLASS6
ORCHARD GROVES
POULlBEES/FISH
EQUESTRIAN
ORN/MISC AGRI
VACANT INST1T
RELIGIOUS
PRY SCHUCOLL
PRV HOSPITAL
---.----" ---'--' --,..._.,~.. .~_. --.---.-----.---.----.-.-.---- ----_.__._-
DOR Code DOR Description
7400 NURSING HOME
7500 ORPHNG/NON-PROF
7600 MORT/CEMETERY
7700 CLB/LDG/UN HALL
7800 SANI/ REST HOME
7900 CULTURAL
8000 DISTRICTS
8100 MILITARY
8200 FOREST/PKlREC
8205 TRANSFER DEVELOPMENT RIGHTS
8300 PUB CTY SCHOOL
8400 COLLEGE
8500 HOSPITAL
8600 CITY II\JC NONMUNI
8700 STATE
8800 FEDERAL
8900 MUNICIPAL
9000 LEASEHOLD INT
9100 UTILITY
9200 MING/PETRO/GASLND
9300 SUBSURF RIGHTS
9400 R/W - BUFFER
9500 . RIVER/LAKES
9600 SEWG/VVASTE LAND
9700 OUTDR REC/PARK LAND
9800 CENTRALLY ASSESSED
9900 NON AG
9999 EXEMPT
APPENDIX E
ESTIMATED FIRE RESCUE ASSESSMENT RATE SCHEDULE
SECTION El. DETERMINATION OF FIRE RESCUE ASSESSED COSTS.
The estimated Fire Rescue Assessed Cost to be assessed for the Fiscal Year commencing
October 1,2009, is $3,857,841.00.
SECTION E2.
ESTIMA TED FIRE RESCUE ASSESSMENTS.
(A) The estimated Fire Rescue Assessments to be assessed and apportioned among
benefitted parcels pursuant to the Cost Apportionment and Parcel Apportionment to
generate the estimated Fire Rescue Assessed Cost for the Fiscal Year commencing
October 1, 2009, are hereby established as follows for the purpose of this Initial
Assessment Resolution:
Property Use Category
Residential
Non-Residential Property Use Categories
Commercial
IndustriallWarehouse
Institutional
Nursing Home
Rate Per Dwelling Unit
$68.00
Rate Per Square Foot
$ 0.16
$ 0.04
$ 0.17
$ 0.17
(B) No Fire Rescue Assessment shall be imposed upon a parcel of Government
Property or upon the portion of a Building located on a parcel of Institutional Property
whose Building use is wholly exempt from ad valorem taxation under Florida law.
(C) Any shortfall in the expected Fire Rescue Assessment proceeds due to any
reduction or exemption from payment of the Fire Rescue Assessments required by law or
authorized by the City Commission shall be supplemented by any legally available funds,
or combination of such funds, and shaH not be paid for by proceeds or funds derived from
E - 1
the Fire Rescue Assessments. It is the legislative detennination of the City Commission
that in the event a court of competent jurisdiction detennines any exemption or reduction
by the City Commission improper or otherwise adversely affects the validity of the Fire
Rescue Assessment imposed for this Fiscal Year, the sole and exclusive remedy shall be
the imposition of a Fire Rescue Assessment upon each affected Tax Parcel in the amount
of the Fire Rescue Assessment that would have been otherwise imposed save and except
for such reduction or exemption afforded to such Tax Parcel by the City Commission.
E-2
APPENDIX F
PARCEL APPORTIONMENT METHODOLOGY
The Cost Apportionment to each Property Use Category and to Mixed Use
Property shall be apportioned among the Tax Parcels within each Property Use Category
and to Mixed Use Property Tax Parcels as follows:
SECTION F-l
RESIDENTIAL PROPERTY.
The Fire Rescue
Assessment for each Tax Parcel of Residential Property shall be computed by multiplying
the Demand Percentage attributable to the Residential Property Use Category by the Fire
Rescue Assessed Costs, dividing such product by the total number of D'vvelling Units
shown on the Tax Roll within the City for the Residential Property Use Category, and then
multiplying such quotient by the number of Dwelling Units located on such Tax Parcel.
SECTION F -2;
NON-RESIDENTIAL PROPERTY. The Fire Rescue
Assessments for each Building of Non-Residential Property (except Nursing Home
Property) shall be computed as follows:
(A) Respectively, multiply the Fire Rescue Assessed Cost by the Demand
Percentage attributable to each of the Non-Residential Property Use Categories. The
resulting dollar amounts reflect the portions of the City's fire rescue budget to be
respectively funded from Fire Rescue Assessment revenue derived from each of the Non-
Residential Property Use Categories.
(B) Separate each building In each of the Non-Residential Property Use
Categories into the appropriate Non-Residential Property Use Category for that Building.
F - 1
(C) For each Non-Residential Property Use Category, add the Building square
footage of all the Buildings in each Non-Residential Property Use Category. All Buildings
with a number of square feet exceeding 77,001 will be included in the calculation at 77,001
square feet. This sum reflects an aggregate square footage area for each Non-Residential
Property Use Category to be used by the City in the computation of Fire Rescue
Assessments.
(D) Divide the product of subsection (A) of this Section relative to each of the
Non-Residential Property Use Categories by the sum of the square foot allocations for each
Non-Residential Property Use Category described in subsection (C) of this Section. The
resulting quotient expresses a dollar amount per square foot of improved area ("the square
foot rate") to be used in computing Fire Rescue Assessments on each of the respective
Non-Residential Property Use Categories.
(E) For each of the Non-Residential Property Use Categories, other than
Nursing HOme Property, multiply the applicable square foot rate calculated under
subsection (D) of this Section by the number of square' feet, up to 77,001 square feet, for
each Building in the Non-Residential Property Use Categories. The resulting product for
each Building expresses the amount of Fire Rescue Assessments to be imposed on each
Building of Non-Residential Property.
SECTION F-3. NURSING HOME PROPERTY. Notwithstanding the
procedure in Section F-2 for Non-Residential Property, the Fire Rescue Assessment for
each Building of Nursing Home Property shall be computed as follows:
(A) For Nursing Home Property, multiply the square foot rate determined in
subsection F-2 of this Section for Institutional Property by the number of square feet, up to
F-2
77,001 square feet, for each Building of Nursing Home Property. Such amount shall be
the amount of the Fire Rescue Assessments imposed upon each Building of Nursing Home
Property .
(B) Multiply the amount directed to be imposed as Fire Rescue Assessments on
Nursing Home Property in subsection (A) of this Section by the total square footage of
Buildings related to Nursing I-lame Property as provided in subsection F-2(C). The
resulting product represents the aggregate revenue to be derived from Fire Rescue
Assessments imposed upon Nursing Home Property.
(C) The remaining portion of the City's fire rescue budget otherwise
attributable to Nursing Home Property, and not funded tr..rough Fire Rescue Assessments
imposed upon Nursing Home Property, shall be funded from legally available City revenue
other than Fire Rescue Assessment proceeds.
SECTION F-4.
MIXED USE PROPERTY. The Fire Rescue
Assessments for each Tax Parcel classified in two or more Prope11y Use Categories shall
be the sum of the Fire Rescue Assessments computed for each Property Use Category.
F-3
APPENDIX G .
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 24,2009
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE RESCUE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City of Boynton Beach will
conduct a public hearing to consider the imposition of annual fire rescue special
assessments for the provision of fire rescue services within the municipal boundaries of the
City of Boynton Beach.
The hearing will be held at 6:30 p.m., on September 14, 2009, in the Commission
Chambers of City Hall, 100 East Boynton Beach Boulevard, Boynton Beach, Florida, for
the purpose of receiving public comment on the proposed assessments. All affected
property owners have a right to appear at the hearing and to file written objections with the
City Commission within 20 days of this notice. If a person decides to appeal any decision
made by the City Commission with respect to any matter considered at the hearing, such
person will need a record of the proceedings and may need to ensure that a verbatim record
is made, including the testimony and evidence upon which the appeal is to be made. In
accordance with the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter to pmiicipate in this proceeding should contact the City
Clerk's Office at (561) 742-6013, at least three days prior to the date of the hearing.
The assessment for each parcel of property will be based upon each parcel's
classification and the total number of billing units attributed to that parcel. The proposed
H:\I 990\9001 82.BB\Fire Assessment\Preliminary Rate Resolution 2009.doc
G - 1
fire rescue assessment schedules for Fiscal Year 2009-2010 and future fiscal years are as
follows:
Pro-pertv Use Category
Residential
Non-Residential Property Use Categories
Commercial
Industrial/Warehouse
Instituti onal
Nursing Home
Rate Per Dwelling Unit
$68.00
Rate Per Square Foot
$ 0.16
$ 0.04
$ 0.17
$ 0.17
Copies of the Fire Rescue Assessment Ordinance, the Initial Assessment
Resolution, the Preliminary Rate Resolution, and the Preliminary Assessment Roll are
available for inspection at the City Clerk's Office in City Hall, located at 100 East Boynton
Beach Boulevard, Boynton Beach, Florida
The fire rescue non-ad valorem assessment will be collected on the ad valorem tax
bill to be mailed in November 2009. Failure to pay the assessments will cause a tax
certificate to be issued against the property, which may result in a loss of title.
If you have any questions, please contact the Finance Department at
(561) 742-6310, Monday through Thursday between 8:00.a.m. and 6:00 p.m.
[INSERT MAP OF THE CITY OF BOYNTON BEACH]
CITY COMMISSION
CITY OF BOYNTON BEACH, FLORIDA
H:\1990\900182.BB\Fire Assessment\Preliminary Rate Resolution 2009.doc
G - 2
r!{; "'-'"
.1"
\ ,
" ' i
"
\.
}-
XII. - LEGAL
ITEM D.5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Date Final Form Must be Date Final Form Must be Date Final Form Must be
Commission Meeting Turned in to City Clerk's Turned in to Le2al Turned in to Procurement
Dates Office
D July 7,2009 June 15, 2009 June 10, 2009 June 8, 2009
181 July 21,2009 July 6, 2009 Julv 1, 2009 June 29, 2009
[J AU2ust 4, 2009 July 20, 2009 Julv 15,2009 July 13 2009
D AU2ust 18, 2009 August 3, 2009 Julv 29, 2009 July 27,2009
D AnnouncernentslPresentations D City Manager's Report
NATURE OF D Administrative D New Business
AGENDA ITEM D Consent A2enda 181 Le2al
D Code Compliance & Le2al Settlements D Unfinished Business
D Public Hearin2 D
RECOMMENDATION: Adopt a proposed millage rate of7.3000 mills for FY 2009/2010 Operating Budget.
EXPLANATION: At the Budget Workshop on Thursday, July 16, 2009 the City Commission voted 3/2 to set a proposed
millage rate at 7.3000 mills.
According to TRIM guidelines, within 35 days of receipt of our Certification of Value (dated 7/1/09) the taxing authority
(City) must establish a proposed millage rate to be publicly noticed by the Property Appraiser's Office on the TRIM (Truth in
Millage) Notice. The TRIM Notice will also publish the date, time and place of our first budget hearing.
Once the proposed rate is adopted the Commission will hold two Budget Public Hearings in September. The first Budget
Hearing is scheduled for Monday, September 14,2009 at 6:30 p.rn. and the second hearing and fmal adoption of the millage
and operating budget is scheduled for Tuesday, September 22, 2009 at 6:30 p.m. A copy of the Budget Calendar is attached.
PROGRAM IMP ACT: TRIM guidelines must be followed for proper and legal adoption of a budget.
FISCAL IMP ACT: TRIM guidelines must be followed for proper and legal adop . n of a budget.
1) Adopt an alternative millage rate.
~
"'/.
Department Head's Signature
City Manager's Office
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
"
1 RESOLUTION R09-
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, ADOPTING A PROPOSED MUNICIPAL
5 MILLAGE RATE OF 7.3000 FOR GENERAL
61 OPERATING BUDGET PURPOSES FOR FISCAL YEAR
7 2009-10, STATING A ROLLED-BACK RATE OF 7.9035,
8 AND SETTING FORTH THE DATE, TIME AND PLACE
9 OF THE FIRST PUBLIC HEARING; PROVIDING FOR
10 SEVERABILITY, CONFLICTS AND AN EFFECTIVE
11 DATE.
12
13
14 WHEREAS, pursuant to Florida Statute 200.065(2)(b) it is the responsibility of the
15 Municipality's governing body to advise the Property Appraiser of its roll back millage rate,
16 proposed millage rate and the date, time and place of the first public hearing;
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
19
Section 1.
The City Commission of the City of Boynton Beach, Florida, hereby
20 adopts a proposed millage rate of 7.3000 which has been computed to fund the General
21 Operating Budget for Fiscal Year 2009-10. The rolled-back rate is 7.9035.
22
Section 2.
The City Commission of the City of Boynton Beach, Florida, hereby
23 sets September 14, 2009 at 6:30 P.M., at Boynton Beach City Hall, 100 East Boynton Beach
24 Boulevard, as the date, time and place of the first public hearing to consider the proposed
25 millage rate and the tentative budget.
26
Section 3.
The City Manager of the City of Boynton Beach, Florida, is hereby
27 authorized to execute and submit DR-420 Certification of Taxable Value to the Palm Beach
28 County Property Appraiser's Office.
29
Section 4.
If any clause, section, or other part of this Resolution shall be held by
S:\CAIRESOlBudget\2009.IO Budgetl09-1O First Proposed Millage 062409(kb).doc
TT
1 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
2 invalid part shall be considered as eliminated and in no way affecting the validity of the other
3 I provisions of this Resolution.
4
Section 5.
All Resolutions or parts of Resolutions in conflict herewith are hereby
5 repealed to the extent of such conflict.
6
Section 6.
This Resolution shall become effective immediately upon its passage
7 and adoption.
8 PASSED AND ADOPTED this _ day of July, 2009.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ATTEST:
27
28
29
30 Janet M. Prainito, CMC
31 City Clerk
32
33
34
35 (City Seal)
CITY OF BOYNTON BEACH, FLORIDA
Mayor - Jerry Taylor
Vice Mayor- Woodrow L. Hay
Commissioner - Ronald Weiland
Commissioner - Jose Rodriguez
Commissioner - Marlene Ross
S:\CAIRESOlBudget\2009-1O Budgetl09-1O First Proposed Millage 062409(kb).doc
April 1, 2009
April 10, 2009
April 15, 2009
April 29, 2009
May 1, 2009
May 5 -15,2009
May 20-June 30, 2009
June 1,2009
July 1, 2009
July 1, 2009
July 14 - 16,2009
July 21, 2009
August 4, 2009
August 20, 2009
September 14, 2009
September 15, 2009
September 18, 2009
September 22, 2009
September 24, 2009
FY 2009/2010 Budget & Fire Assessment Calendar
9:00 am
5:00 pm
5:00 pm
5:00 pm
5:00 pm
8 am-4 pm
6:30 pm
6:30 pm
Budget "Kick-Off" in Commission Chambers: City Manager
Health Insurance Self-Funding - Human Resources
Deadline for Vehicle requests submission to Fleet Management, Personnel requests
submission to Human Resources, Technology requests to I.T.S., EOC Request Forms
to Carisse Lejeune, and Grant Funds to Grant Team
Departments final day of budget data entry
Deadline for Human Resources, Fleet Maintenance, I.T.S. and Grants Team
to submit recommendations to Finance
Budget Review Team meets with departments to review budgets and goals.
Provide Human Resources with personnel changes
City Manager and Budget Review Team continue to develop proposed budget
Prelim Assessment from Palm Beach County
Property Appraiser delivers Preliminary Certification of Taxable Value (DR420)
Budget Transmission to City CommissIon for GF/UF Operating Budget
1 :00 - 5:00 pm Budget Workshops - LIbrary Program Room
6:30 pm 1. Proposed FY 09/10 Operating & CIP Budget presented to City Commission
2. Adoptton of Tentattve Millage Rate
3. Adoptton of Preliminary FIre Assessment Rate Resolutton
6:30 pm
6:30 pm
1. Advise Property Appraiser of Preliminary Fire Assessment Rate and Fire
Assessment adoption hearing date (to be 9/14/09)
2. Proposed Millage, rolled-back rate, date, time and meeting place of the
tentative budget hearing on Form DR-420
Advertise Notice of Public Hearing for Annual Assessment Resolution (to be held
9/14/09)
1. Public Hearing to adopt the Final FY 09/10 Annual Fire Assessment Resolutton
2. 1 II Budget Public Hearing to adopt Proposed Budget.
3. Regular City Commission meettng (TENTATIVE: TO BE MOVED FROM 9/15/09)
City certifies Final Non-Ad Valorem Assessment Roll to PBC Tax Collector (hand
delivered)
*TENTATIVE - SUBJECT TO COMMISSION APPROVAL - Regular City Commission
meetIng scheduled for 9/15/09 to be moved to 9/14/09 and combined wtth budget
and fire assessment hearings
Advertise final millage and budget hearing in newspaper
2nd Budget Public HearIng and FInal Adoptton of FY 09/10 Budget
Transmit Certified Budget Resolution to Property Appraiser