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Agenda 05-06-03The City of Boynton Beach 100 E. Boynton Beach Boulevard · (561) 742-6000 City Commission AGENDA MAY 6, 2003 Gerald Broening Mayor At Large Ronald Weiland Commissioner District I Mack McCray Commissioner District II Mike Ferguson Vice Mayor District III Carl McKoy Commissioner District IV Kurt Bressner City Manager www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBL'rC PARTZC'rPATI'ON AT C1'TY OF BOYNTON BEACH COMM'rSSI'ON MEETZNGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. · Consent Agenda Ztems: These are items which the Commission does not need to discuss individually and which are voted on as a group. · Regular Agenda Ztems: These are items which the Commission will discuss individually in the order listed on the agenda. · Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKZNG AT COMMZSSTON MEETZNGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entry door to the Chambers. Please complete a "Comment by the Public Card" and give it to the City Clerk at the left end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by name from the yellow cards provided by the City Clerk. · Regular Agenda Ztems: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded. Please use the green colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSZNG THE COMMZSSION: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission will be barred from further audience before the Commission by the presiding officer, unless permission to continue or again address the Commission is granted by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). May 6, 2003 CITY OF BO YNTON BEA CH REGULAR CITY COMMISSION MEETING AGENDA 6:30 P.M. OPENINGS: Call to Order- Mayor Gerald Broening Invocation/Moment of Silent Prayer Pledge of Allegiance to the Flag led by Commissioner Weiland TF YOU WTSH TO ADDRESS; THE ¢OMMZS~TON: FILL OUT THE APPROPRIATE REQUEST FORM · GIVE ZT TO THE CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYOR CALLS YOUR NAME II. INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: III. 1. Additions, Deletions, Corrections OTHER: Adoption A. Informational Items by Members of the City Commission ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS, & PRESENTATIONS: A. Announcements: 1. First Baptist Church Groundbreaking Ceremony - May 7, 2003 - 6:30 p.m. B. Community and Special Events Presentations: 1. Proclamations: a. National Public Works Week- May 18-24, 2003 Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 bo Civility Month - May 2003 Law Enforcement Appreciation Month - May 2003 Nurses' Week - May 5-9, 2003 ADM:[NISTRATLVE: Accept resignation from David Nyquist, Regular Member of Cemetery Board Ao Appointment To Be Made Appointments to be made: Length of Term Board Expiration Date Mayor Broening IV McKoy Mayor Broening III Ferguson Mayor Broening I Weiland Mayor Broening II McCray IV McKoy Mayor Broening Mayor Broening II McCray IV McKoy Mayor Broening I Weiland II McCray IV McKoy IV McKoy Mayor Broening II McCray I Weiland II McCray III Ferguson IV McKoy Mayor Broening III Ferguson IV McKoy Advisory Bd on Children & Youth Reg 2 yr term to 4/05 Advisory Bd on Children & Youth Alt 1 yr term to 4/04 Advisory Bd on Children & Youth Stu/Reg/Voting i yr term to 4/04 Bldg. Bd of Adj & Appeals Bldg. Bd of Adj & Appeals Alt I yr term to 4/04 Reg 3 yr term to 4/06 Cemetery Board Alt i yr term to 4/04 Cemetery Board Reg 3 yr term to 4/06 Cemetery Board Reg 3 yr term to 4/05 Code Compliance Board Code Compliance Board Community Relations Board Community Relations Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Education Advisory Board Alt i yr term to 4/04 Alt 1 yr term to 4/04 Reg 3 yr term to 4/06 Alt 1 yr term to 4/04 Alt 1 yr term to 4/04 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Stu 1 yr term to 4/04 Library Board Alt 1 yr term to 4/04 Library Board Reg 3 yr term to 4/06 Library Board Alt 1 yr term to 4/04 Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Nuisance Abatement Board Planning & Development Board Planning & Development Board Planning & Development Board Alt i yr term to 4/04 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Reg 2 yr term to 4/05 Alt i yr term to 4/04 Alt 1 yr term to 4/04 Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Tabled (3) Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 !V McKoy Recreation & Parks Board Reg Mayor Broening Recreation & Parks Board Reg 3 yr term to 4/06 Tabled (3) 3 yr term to 4/06 Tabled (3) Mayor Broening Senior Advisory Board Reg TI! Ferguson Senior Advisory Board Alt 2 yr term to 4/05 Tabled (3) 1 yr term to 4/04 Tabled (3) TV McKoy Firefighters' Pension Trust Reg 2 yr term to 4/05 Tabled (3) V. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: Agenda Preview Conference of April 14, 2003 Regular City Commission Meeting of April :LS, 2003 Be Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2002-2003 Adopted Budget Award the bid for "SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER," Bid #040-2413-03/C]D, to SUMMERS FIRE SPRINKLERS, INC. of Boca Raton, Florida, in the amount of $55,900 (Proposed Resolution No, R03-072) Award the "RE-ROOF OF THE PISTOL RANGE," Bid #039-2511-03/C.1D, to MURTON ROOFING CORP. of West Palm Beach, Florida, in the amount of $32,371 (Proposed Resolution No, R03-073) Award the "DESIGN AND CONSTRUCT[ON ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH," RFP#O19-2413-O3/KR, to SYSTECH GROUP, INC. of Reston, Va., in the amount of $14,400 per year - total cost over a five year period is $72,000 (Proposed Resolution No. R03-074) Rescind the award for "SENIOR CENTER EXERCISE ROOM," Bid #056- 2413-02/C.3D to MASON CONSTRUCTION in the amount of $24,682.50 (Proposed Resolution No, R03-075) C. Resolutions: Proposed Resolution No. R03-076 Re: Execution of Task Order No. 14, Amendment No. 1 in the amount of $246,579 to CH2M Hill, Inc. for the professional design, permitting, bidding, construction phase and resident observation services for NE 17th Avenue Drainage Improvements and Water Main Replacement Project Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 Proposed Resolution No. R03-077 Re: Full release of the remaining surety for the water system improvements for the project known as Alouette, inc., in the amount of $1,367.50 Proposed Resolution No. R03-078 Re: Execution of Amendment No. 3 to the industrial Avenue Corridor Stormwater Tmprovements Project Consultant Agreement additional engineering expenses for Kimley-Horn & Associates, ]~nc. (KHA) in an amount not to exceed $35,000 Proposed Resolution No. R03-079 Re: Agreement for Water Service Outside the City Limits with Deanna K. Bates as owner for the property located at 1103 3ames Road, Lantana, Florida (Lot 24, Hypoluxo Ridge) Proposed Resolution No. R03-080 Re: Renewing agreement between the City of Boynton Beach and Palm Beach Community College regarding training for EMT and Paramedic clinicals Proposed Resolution No. R03-081 Re: Approval of contract between .lEG Associates and the City of Boynton Beach to continue consulting services to the Heart of Boynton Project for $7,000 Proposed Resolution No. R03-082 Re: Ratification of South Central Regional Wastewater Treatment & Disposal Board action of April 17, 2003: Authorization to expend $7,746 from Repair & Replacement Fund on an emergency basis for (2) submersible pumps for the plant's lift station Authorization to sign agreement with Widell, inc. to provide Contractor at Risk Services for a two-year period Authorization to expend $1,491,080 from Repair & Replacement Funds for the following task orders: Widell Board H & S Total 1. Repair Sanitaire $399,003 $68,000 $10,000 $ 477,003 Diffusers 2. Repair clarifier $439,010 $20,000 $10,000 $ 474,010 bridge 3. Repair channel in $223,685 $65,000 $10,000 $ 298,685 Screening Bldg. 4. Repair radiator & $ 41,382 $ 41,382 blower piping 5. Contingency $200~000 $ 200~000 TOTAL $1~103~080 $358~000 $30~000 $1~491~080 Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 VI. VII. Authorization to enter into Contractor at Risk Agreement with Widell, :[nc. for: Task Order #1 for a not to exceed price of $399,033; Task Order #2 for a not to exceed price of $439,010; Task Order #3 for a not to exceed price of $223,685; Task Order #4 for a not to exceed price of $ 41,382; And authorization for Executive Director to sign and execute at time determined appropriate. Authorization to enter into contract with R..1. Sullivan Corp. for construction of 2 million gallon reclaimed storage tank in the amount of $835,010 D. Ratification of Planning & Development Board Action: Eckerd Drugs @ Target (MSPM 03-003), 1895 N. Congress Avenue, Target Shopping Center - Request for major site plan modification to reconfigure parking spaces in Parcel "A" of Target Commercial Center E. Ratification of CRA Action: None Permit placement by the Boynton Beach Veterans Council of memorial plaques at the base of selected trees in Intracoastal Park CODE COMPLIANCE & LEGAL SETTLEMENTS: None PUBLIC AUDIENCE: TNDZVIDUAL SPEAKERS WILL BE LIMrrED TO 3-MINUTE PRESENTATZONS VIII. PUBLIC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS Project: Agent: Owner: Location: Description: Serrano @ Boynton (ANNEX 03-001) Paul Bach Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to annex a +9.74-acre parcel Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 XX. Xm Project: Agent: Owner: Location: Description: Serrano @ Boynton (LUAR 03-002) Paul Bach Beth Peschl West of Congress Avenue, North of the L-28 Canal Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR); and Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD) Project: Agent: Owner: Location: Description: Eckerd Drugs @ Target (COUS 03-001) Erik Wilczek, P.E., Kimley-Horn & Associates, Inc. Andrew Berger, American Development Corp. 1895 N. Congress Avenue, Target Shopping Center Request for conditional use approval for a drive-through facility in an existing 11,786 square foot building on a 2.27-acre parcel Project: Agent: Location: Request: Tndoor Recreation Facilities/Athletic Competitions (CDRV 03-002) City Initiated C-3, Community Commercial and C-4, General Commercial Districts Amend the Land Development Regulations: 1) Chapter 1. Definitions, by adding definitions for: "Athletic Competitions," "Amusement Arcade," "Billiard Hall," "Bowling Alley," "Gymnasium/Health Club," "Shooting Range, Indoor," "Skating Rink," and, 2) Chapter 2. Zon/ng, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses reading of Proposed Ordinance No. 03-0:L6) CZTY MANAGER'S REPORT: Consider the recision of the revocation of the Limited License Agreement for Jordan Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue B. City Manager Evaluation FUTURE AGENDA Z'rEMS: A. Update on Fire Station #4 Land Purchase and Site Options (May 20, 2003) B. Review of Fire Station #2 Location Options (May 20, 2003) Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 J. K. L. M. N. XZ, Discussion of Purchase of Jaycee Park Parcel from Florida Inland Navigation District (May 20, 2003) Discuss Cash in Lieu Formula for Off-street Parking in CBD Area with possible referral to CRA (May 20, 2003) Review of"Arches" Development in CBD (May 20, 2003) Discussion of Closure of Marina Development Agreement (May 20 or June 3, 2003) Follow-up Discussion on Capital Improvement Project Priorities and Funding Mechanisms (May 20 or June 3, 2003) Proposed Ordinance Establishing Guidelines for Verifl/ing Qualifications of Advisory Board Members (May 20 or June 3, 2003) Review of Haitian Alliance Church Site Plan (June 3, 2003) Review of City Bidding Procedures (June 17, 2003) Review of Annexation Enclaves (June 17, 2003) Budget Discussion Workshops (July :[5, 16 and 17, 2003) Follow-up Meeting with CRA on Development Tssues (August 2003) Workshop Regarding Cemetery Options and Proposal by Cemetery Board to Expand Cemetery West into Little League Park (Summer 2003) First Budget Hearing (September 9, 2003) Second Budget Hearing (September 16, 2003) Proposed Resolution No. R03-017 Re: Prohibiting any match or program of matches of professional boxing, kickboxing, or mixed martial arts within the jurisdictional boundaries of the City ('TABLED Off I~fARCH.~8, 2003,) Approve Community Development Block Grant (CDBG) Sub-Grantee Agreement with Juvenile Transition Center, Tnc. of Boynton Beach in the amount of $7,500 (Proposed Resolution No. R03- ) NEW BUSZNESS: None Agenda Regular City Commission Meeting Boynton Beach, Florida May 6, 2003 XII. LEGAL: A. Ordinances- 2nd Reading - PUBLTC HEARING Proposed Ordinance No. 03-015 Re: Amending Land Development Regulations, Chapter 2 Zoning, Section 6.F.1, to include residential, single family, attached use as a conditional use in the mixed use-high intensity (MU-H) zoning district B. Ordinances - 1~ Reading Proposed Ordinance No. 03-017 Re: Amending Chapter 9, "Fire Protection and Prevention" of the Code of Ordinances by amending Section 9-18, "Fireworks" to provide for prohibition of the use of pyrotechnic special effects, flame effects, or similar devices inside buildings or other enclosed spaces C. Resolutions: None D. Other: None XIII. UNFINISHED BUSINESS: Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7th to 10th Avenue Stormwater Improvement Project (INCA Project) ('TABLED ON APR~rL .Z~ 2003.) XIV. AD.1OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MA1-FER CONSIDERED AT THIS MEETING~ HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE~ HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND EN.1OY THE BENEFiTS OF A SERVICE~ PROGRAM~ OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT .1OYCE COSTELLO, (561) 742-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR RE(~UEST. bg FTNAL AGENDA 5/5/2003 5:58 PM S:\CC\WP\CCAGENDA~AGENDAS\Year 2003\050603 final agenda.doc [ZL-ANNOUNCEMENTS & PRESENTATZONS Ztem C.l.a CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 [] April 15, 2003 March 31,2003 (Noon) [] June 17, 2003 [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 Da~ Final Form Mustbe Turned in m City Clerk's Office May 19, 2003(Noon) June 2, 2003(Noon) June 16, 2003(Noon) June 30, 2003(Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve Proclamation for National Public Works Week- May 18th - 24~1}03~ EXPLANATION: National Public Works Week is scheduled to occur on May, 18th thru May 24th, 2003. This year's theme "The Strength of Public Works" is a tribute to the positive improvements public works employees have made to our communities. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A [ '7 l~e~rtm~nt Hia~'s ~ignature ~'it~ Manager's Signature Public Works Department Name City Attorney / Finance / Human Resources S:kBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as public buildings, streets, solid waste collection, forestry and grounds, fleet maintenance, and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and Understanding of the importance of the work they perform. WHEREAS, this year's theme, "The Strength of Public Works," is a tribute to the positive improvements public works employees have made to our communities. NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Rorida, hereby proclaim the week of May 18 - 24, 2003 as "NATIONAL PUBLIC WORKS WEEK' in the City of Boynton Beach, and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Rorida, this 6· day of May, Two Thousand Three. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\CC~WP~CAGENDA~Ul. oclamatioos~Uublic Works Week - 2003.doc Requested City Commission Meeting Dates [] April 1, 2OO3 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b CITY OF BOYNTON BEAC] AGENDA ITEM REQUEST FORlVl Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to CiW Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 3l, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Present proclamation for Civility Month. EXPLANATION: The month of May 2003 is proclaimed Civility Month to urge all citizens and City, County and Local Governments to adopt a pledge of civility that will assist in reaching consensus on diverse issues and allow for mutually ongoing relationships. PROGRAM IMPACT: To present a basis for civil debate and exchange among people and make it more pleasant to live in an organized society. FISCAL IMPACT: N/A ALTERNATIVES: Not to present proclamation. Department Head's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC George Washington wrote, "Every action done in company, ought to be with some sign of respect, to those that are present." Today, there is an urgent necessity that we as a nation find better ways to talk with and about each other. Too often, we have relied on stereotypes, slurs, and innuendo to make our points more memorable or more striking. To combat this, the City, County and Local Government Law Section of The Flodda Bar has urged the adoption of a pledge of civility by all citizens in the State of Flodda. As a comerstone of democracy, civility assists in reaching consensus on diverse issues and allows for mutually ongoing relationships. It also uplifts our daily life and makes it more pleasant to live in an organized society. Civility presents a basis for civil debate and exchange among people. But it also demands integrity, a sense of fairness, and respect for others, as well as a profound sense of personal responsibility. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of May 2003 to be observed as: Civility Month and call upon all our citizens to exercise civility toward each other. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of May, Two Thousand and three. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:~7;C~Wl~CCAGENOA~Prodamations~Civility Mon~ - 2003.doc IZI.-ANNOUNCEHENTS & PRESENTAT/ONS Item C.l.c CITY OF BOYNTON BEt AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfmished Business RECOMMENDATION: Proclamation issued recognizing the month of May as "Law Enforcement Appreciation Month" EXPLANATION: Pursuant to Florida State Statute 683.11 the month of May is designated as "Law Enforcement Appreciation Month". The statute authorizes municipalities to issue a proclamation in recognition of Law Enforcement Appreciation month urging all civic, fraternal and religious organizations and public and private educational institutions to recognize and observe this occasion through appropriate programs, meeting, services, or celebrations in which local law enforcement officers are invited to participate. PROGRAM IMPACT: Improvement of police/community relations. FISCAL IMPACT: None ALTERNATIVE~;~one Marshalt~B. Ga~e, Chief of Police Department Head's Signature City Manager's Signature Police Department Name City Attorney / Finance / Human Resources S:~BULLETIN~ORMSLa. GENDA ITEM REQUEST FORM.DOC The ideal society is composed of talented and dedicated individuals who are heroes in various occupations. A balance of commitment to both private and public interests is essential in promoting the ideal civic environment. Much can be said about the contributions of most industries. However, we must pay a tremendous debt of gratitude to the more than 700,000 men and women who serve our communities as law enforcement officers for the sacrifices they make so that we might enjoy safer places to live and work. Each and every day, the threat of personal injury is real for every public safety officer who is sworn to provide emergency assistance for life threatening situations. The officers responding have few or no details of the circumstances they are soon to encounter. Public expectations are great. Officers are expected to bring order where there is chaos, security where there is danger, and advice where there is inquiry. All must be delivered in strict compliance with statute. It is nearly impossible to satisfy all these demands and remain the recognized friend. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 2003 as: Law Enforcement Appreciation Month and urge all citizens to reflect on the positive ways in which law enforcement makes a difference in their lives and appropriately acknowledge that police do contribute to the security and freedom that we enjoy in America. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of May, two thousand and three. ATTEST: Gerald Broening, Mayor City of Boynton Beach City Clerk (Corporate Seal) S:\C~W~CCAGENDA~rodamatJons~Law Enforcement Al)predation Month - 2003.do¢ ,! D~Z.-ANNOUNCEf4ENTS & PRESENTATIONS Item C.l.d CITY OF BOYNTON BEAC} AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1, 2003 [] April 15. 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City comn'ussion Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17. 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30. 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Present Proclamation for National Nurses Week EXPLANATION: Commissioner Weiland has requested the addition of a Proclamation for National Nurses Week, which is being celebrated May 5-9. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not present Proclamation (~ D~partm6~t Head~i~-~a~'~e City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FORMSXAGENDA rTEM REQUEST FORM.DOC Nearly 2.7 million registered nurses in the United States comprise our nation's largest health care profession. These dedicated women and men meet the different and emerging health care needs of the American population in a wide range of settings. Professional nursing has been demonstrated to be an indispensable component in the safety and quality of care of hospitalized patients. In Boynton Beach, the nurses of Bethesda Memorial Hospital are committed to the promotion of health, the prevention of disease, and the delivery of quality nursing care. While a renewed emphasis on primary and preventive health care has required the better utilization of all of our nation's registered nursing resources, Bethesda women and men in nursing have been expanding their professional health care roles by continually striving to upgrade standards of care and improve services through practice, education, and research. The demand for registered nursing services is greater than ever because of the aging of the Amedcan population, the continuing expansion of life-sustaining technology, and the explosive growth of home health care services. This means that more qualified registered nurses are needed to meet the increasingly complex needs of health care consumers in this community. Boynton Beach is indeed fortunate to have dedicated nurses utilizing their knowledge, skills, energy, and compassion to improve the quality and accessibility of health care services for our residents. Now, therefore, I, Gerald Broening, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 5-9, 2003, as: Nur~e~' Week ~n recognition of the contributions of the nurses at Bethesda Memorial Hospital to the health care of our residents. In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 5th day of May, Two Thousand and three. ATTEST: , Gerald Broening, Mayor City of Boynton Beach l:iles~)LK'ANutses Week Proclamation - 2003.doc IV. ADMt'NI~STRATZVE TI'EM A. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Meetin~ Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Accept the resignation of David Nyquist, Regular member of the Cemetery Board. EXPLANA'~ON: On Friday, April 18, 2003, David Nyquist telephoned the City Clerk to advise that he was moving out of the City of Boynton Beach and was resigning from the Cemetery Board. PROGRAM IMPACT: F/SCAL IMPACT: ALTERNATIVES: (.~Department'Head s Signature City Manager's Signature City Clerk's Office Department Name City Attorney / Finance / Human Resources S:\CC\WP\CCAGENDALa, genda Request MemosL6.genda Item Request- Resignation of David Nyquist - Cemetery Board.dot S:XBULLETINM~RMSXAGENDA ITEM REQUEST FORM.DOC v.-cons nx m n.^ CITY OF BOYNTON BEAC i ITEM 8.:t. AGENDA ITEM REQUEST FO 13 9: Requested City Commission Date Final Form Must be Turned Meetin,, Dates in to City Clerk's Office Requested City ConUmssion Meetino Dhtes Date Final Form Must be Turned in to City Clerk's Office [] April 1, 2003 March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2. 2003 (Noon) [] May 6, 2003 April 14, 2003 (Noon) [] luly 1, 2003 June 16, 2003 (Noon) [] May 20, 2003 May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the bid for "SUPPLY & INSTALL FIRE SPRINKLER THE SENIOR CENTER" BID#040-2413-03/CJD to SUMMERS FIRE SPRINKLERS, INC. of Boca Raton, the amount of: $55,900.00. '3 SYS~M~ II~ridllrla-s EXPLANATION: On March 18, 2003, Procurement Services received and opened one (1) bid for "SUPPLY & INSTALL FIRE SPRINKLER SYSTEM". After review of the "sole" proposer, by our consultant, CH2M Hill, it has been determined that Summer Fire Sprinklers, Inc. is a responsible, responsive bidder who meets all specifications. References have been checked and all responded positively, (see attached memo from CH2M Hill). David Kelly, City Engineer, concurs with this recommendation (see attached memo ~g}3-060). PROGRAM IMPACT: The purpose of this bid was to obtain a contractor to supply and install complete new fire sprinkler system to meet code requirements at the Senior Center. This system is to be installed through out the complete structure, both finished and unf'mished interior. FISCAL IMPACT: The current budget allocation available for the Fire Sprinkler System at the Senior Center is $27,126.00. Due to the immediate need for this improvement, Recreation Department has submitted a budget transfer to Financial Services (memo attached) for the additional funding of $29,000.00 to cover the bid award. Presented below are the accounts impacted: Account Description.', CIP - Fire Sprinkler CIP - Boat Club Surveillance CIP - Civic Ctn Flooring Deputy Director of Financial Services Procurement Services Department Name Account Number: 302-4111-580-64-02 302.4108-580-64-02 302.4205-580-62-01 Amount: $56,126.00 <20,000.00> ~~nature' City Attorney / Finance / Human Resources S:XBULLE~RMSkAGENDA ITEM REQUEST FORM.DOC C: David Kelley - City Engineer Richard Fiege - Facilities Manager File RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR "SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER", BID #040-2423-03/CJD, TO SUMMERS FIRE SPRINKLERS, INC., IN THE AMOUNT OF $55,900.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WItEREAS, on March 18, 2003, Procurement Services received and opened one 1) bid for "Supply & Install Fire Sprinkler System". After review and evaluation, it was letermined by staff that Summer Fire Sprinklers, Inc., is a responsible, responsive bidder who meets all specifications; and WItEREAS, the purpose of the Bid was to obtain a contractor to supply and install a complete new fire sprinkler system to meet code requirements at the Senior Center, which system will be installed through out the complete structure, both finished and unfinished interior; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be the best interests of the citizens and residents of the City of Boynton Beach, to award bid (#040-2413-03/CJD) and enter into an agreement between the City of Boynton and Summers Fire Sprinklers, Inc., in the amount of $55,900.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption ;:\CA\RESO~Agreements\Bid Awarcls\Bid Award - Fire Sprinkler - Sr Center.doc Section g. The City Commission of the City of Boynton Beach, Florida, upon >mmendation of staff, hereby approves the award of a bid for "SUPPLY & INSTALL SPRINKLER SYSTEM AT THE SENIOR CENTER", BID #040-2423-03/CJD, to Summers Fire Sprinklers, Inc., in the amount of $55,900.00; authorizing the City execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA\RESO~a, greements\Bid Awards\Bid Award - Fire Sprinkler - Sr Center.doc BID TITLE: SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER BID NUMBER: 040-2413-03/CJD CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 6th day of May, 2003, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and SUMMERS FIRE SPRINKLERS~ INC.~ a Florida Corporation (_X_) a Florida General Partnership ( } a Florida Limited Partnership ( ) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESgETH Ao The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: SUPPLY & INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 18tt! day of March 2003, for the total bid amount of $55~900.00. C. On the 6th day of May 2003, the City Commission designated contractor as having submitted t---he bid that was most advantageous to the City and authorized the execution of this Agreement. D. The Partiea agree that the Project is scheduled to be completed within 90 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlines. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: rev. 12/07101 C-I 1. AGREEMENT e 1.1. The Parties agree that: 1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction (GC-2) 1.1.5. Unless otherwise providedk-all time frames referenced in all Contr. actg. Documents shall be calendar days. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The Contract Documents are the compilation of the following individual documents: 2.2.1. 2.2.2. 2.2.3. 2.2.4. 2.2.5. 2.2.6. 2.2.7. 2.2.8. 2.2.9. 2.2.10. 2.2.11. 2.2.12. Advertisement for Bids Instructions for Bidders Bid Proposal Bid Bond General Conditions for Construction (GC) - all references to "GC" shall be to section numbers Construction Contract Certificate of Insurance Public Construction Bond Letters of Credit Technical Specifications Contract Drawings and Plans Addenda 2.2.13. Written directives or interpretations 2.2.14. Manufacturers warranties rev. 12/07/01 C-2 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on t'fie in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. Guarantee all work and mat~als for a period of one (1) year. Upon recedpt · of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice.Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Release of lien forms to be utilized shall be supplied by CITY. rev. 12/07/01 3.1.6. 3.1.7. 3.1.8. 3.1.9. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. Perform such other tasks as set forth in the Contract Documents. C-3 3,2. 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. The CONTRACTOR will be held responsible, for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written notice to proceed not later than ten (10) days from the execution of this Contract. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4,3. On satisfactory completion of the Pt~o~ject, provide a written final acceptance payment for the entire project. 5. COMMENCEMENT OF WORK 5,1, 5.2. 5.3. CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 90 calendar days following the commencement date as specified in same. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, a~ liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of completion. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfit. rev. 12/07/01 C-4 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $100.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to complete the work within 90..._calendar days from the commencement date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC45, and GC46). 8. INDEMNIFICATION 8. t. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees fro~ and against any claim, demand, or cause,of .e action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification, provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for rev. 12/07/01 C-5 Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1. 10.2. 10.3. The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Conwact sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any clam for e~t~ension of time caused thereby shall be ma~le in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction (GC-57). All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no clam for extras will be allowed. Clam of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No clam for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the clam presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. Il.2. 11.3. The Project Engineer ("Engineer") is David Kelley, The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. As the Project Engineer is, in the first instance, the interpreter of the-conditions of the contract and the judge of its performance, he shall side neither with CITY nor rev. 12/07/01 C-6 11.4. with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. 13.2. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict-shall be resolved by written interpretation'by -~' the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF 14.1. ESSENCE Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY 15.1. 15.2. FOR DELAY In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agentS, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. NO MONETARY DAMAGF_3 SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYF_~S. CONTRACTOR ACKNO~GES THIS LIMITATION ON rev. 12/07/01 C-7 RECOVERY AND ASSUMES AIL MONETARY RISK ASSOCIATED WITH THIS LIMrFATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction (G-C 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set fort~_h in the General Conditions for Construc~..on g' (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA Attest: City Manager Approved as to Form: City Clerk City Attorney rev. 12/07/01 C-8 Signed, sealed and witnessed in the presence of: SUMMERS FIRE SPRINKLERS, INC. President or Vice President Attest as to CONTRACTOR State of Florida County of Palm Beach SS: On this day of , 20 , personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing inst~ment and has acknowledged before me t~at they have executed same. My Commission Expires: Notary Public rev. 12/07/01 C-9 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 03-060 RECEIVED MAR 3 1 2003 PROCUREMENT SERVICES TO: FROM: DATE: SUBJECT: Bill Atkins Deputy Director of Finance Procurement Services H. David Kelley, Jr., PE/PSI~'_~~'~ City Engineer March 28, 2003 Fire Sprinkler System Boynton Beach Senior Center Bid ~fl)40-2413-031CJD Recommendation of Award Bids were received and publicly opened for the above noted project on March 18, 2003, with you in attendance. Our consultant, CH2M-HILL, has reviewed the bid package submitted by Summers Fire Sprinklers, Inc. and found the bid complete. They have also checked the references submitted by the proposed bidder. Attached is the original letter from our consultant. Based upon the bid package, our consultant's March 24th letter recommends the award for this project to Summers Fire Sprinklers, Inc. in the amount of $55,900, this office concurs with the recommendation. The account number is #302-4111-580-64-02. Please present this recommendation to the City Commission for their approval. If any additional information is required, please call me at x6488. HDK/ck XC: Jeff Livergood, PE, Director of PubliC Works Wally Majors, Director, Recreation Carol Kdbs, Administrative Secretary File S:~Engineering~Fire System System Bid, BB Senior Center.doc CH2M HILL One Harvard Circle West Palm Beach, FL 33409-1923 Tel 561.515.6500 Fax 561.515.6502 CH2MHILL ~ch 24, 2003 H. David Kelley, Jr., P.E., P.S.M. City Engineer Public Works/Engineering Division City of Boynton Beach I00 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425-0310 RE: Fire Sprinkler System Boynton Beach Senior Center Bid # 040-2413-03/C4D Recommendation to Award Dear Mr. Kelley: Bids were received and publicly opened and read aloud on March 18, 2003, for the above referenced project. The Bid Tabulation Sheets and Register of Bid Documents are attached to this letter. We reviewed the Bid Package submitted by Summers Fire Sprinklers, Inc. and found the bid was complete and appears to be a responsive bid in accordance with the Contract Documents. We checked four references submitted by Summers and asked each reference to comment on the following topics: 1. What Project did Contractor complete for Client? 2. What was $ Value of Construction? 3. What was Quality of Work? 4. Was Project Completed on Schedule? 5. Was Project in Budget? Change Orders (fair?) 6. Was job Properly Staffed? 7. Did Contractor control his Subs? 8. Would you use him again? (Rate from 1 - 10) H. David Kelley, Jr., P.E., P.S.M. City of Boynton Beach March 24, 2001 Page 2 The references contacted gave favorable comments in all aspects of their working relationship with Summers, Inc. and would recommend them on future projects. The telephone conversations are documented in the attached telephone evaluation form. Therefore, based on our review of the Bid Package, the positive reference feedback and the assumption that The City of Boynton Beach will find the Bid Documents complete and in proper order, we recommend that Summers, Inc. be officially selected as he successful low bidder. If a further presentation of our findings and recommendations is required, please advise and we will be happy to be available. Very truly yours, Michael Flattery Project Manager Projecff176669/admin/Ltr Kelley Recommendation of Award_3-24-03 TO: FROM: DATE: SUBJECT: RECREATION & PARKS DEPARTMENT MEMORANDUM NO. 03-29 Bill Atkins, Deputy Director of Financial Services Wally Majors, Recreation & Parks Director April 10, 2003 Senior Center Sprinkler System RECEIVED APR 11 21XB pRO~VICES As you know, $35,000 was budgeted in CIP account #302-4111-580.64-02 for the Senior Center sprinkler system. The recommended bid award is in the amount of $55,900. An additional $7,874 has been spent fi.om this account to date. A budget transfer has been prepared to fund the balance needed for this project fi.om the following accounts: $20,000 fi'om account #302-4108-580-64-02 (Boat Club video surveillance system). It was determined not to be feasible to install the system at this time. $9,000 from account #302-4205-580-62-01 (Civic Center floor). If this project receives approval to move forward, it will be done at a reduced cost ($30,000 budgeted in this account). Please contact me if you need any additional information. Thank you. Z ~1 m m m m z 0 o m z rn ,0 Z Z< ~ ~Z Z : ~ 00:3: 0 m > ~m ~ ~0'; 0 - ~ Z 0 ~ 0 0 ~ - ' z z~~~ ' Z Z Z -I -r ITl ITl Z ITl Z m BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 3 l0 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: February I l, 2003 Bid Title: SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER Bid Number: 9040-2413-03/CJD Bid Received By: MARCH 18, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: MARCH 18, 2003, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. Federal I.D. Number: All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. IBq t2 6 A Corporation of the State of: Area Code: ~'(t I Telephone Number: FAX Number: Area Code: 5(0 I Mailing Address: City/State/Zip: Vendor Mailing Date: A~lthorized~atur, Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA- I ADDENDA CITY OF BOYNTON BEACH FLORIDA BID TITLE: SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT Tl-IE ~ENIOR CENTER BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: 0,4 (Name of Project Manager/Architect/Consultant) and having examined the project site (when propose to perform the work of this Project following addenda which we have received: indicated in these specifications to do so), we according to the Contract documents and the ADDENDUM DATE ADDENDUM DATE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 1N ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-I BID PROPOSAL The Bidder agrees to accept as full payment for the: SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER BID #040-2413-03/CJD Scope of Work: Supply and install complete new fire sprinkler system to meet code requirements at the Senior Center located at 1012 S. Federal Highway, Boynton Beach, Florida. The system is to be installed through out the complete structure, both finished and unfinished interior square footage of 9,891. TOTAL PROJECT SUM · '4OAOO and · ------'-- Cents (amount written in words has precedence) The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within 9.fl calendar days after the commencement date. Original and two (2) copies of bid submitted. Attached is a computer generated horizontal bar chart showing proposed schedule of work. Schedule of Subcontractors submitted. ~ Site Inspection Form submitted. Evidence of possession of required 'licenses and/or business permits submitted. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, ali in exact compliance with the requirements of the specifications and drawings. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP- I STATE OF FLORIDA OFFICE OF TREASURER DEPARTMENT OF INSURANCE TALLAHASSEE, FLOR/DA STATE FIRE MARSHAL CERTIFICATE OF COMPETENCY THIS CERTIFIES THAT: GARRET P GRAN1TTO 1534 NVff IST AVE BOCA RATON, FL 33432- BUSINESS ORGANIZATION: SUMMERS FIRE SPRINKLERS INC CONTRACTOR II IS LHs/ITED TOTHE EXECUTION OF CONTRACTS REQUIRINO THE ABILITY TO LAYOUT, FABRICATE, INSTALL, INSPECT, ALTER, OR SERVICE WATER SPRINKLER SYSTEMS, WATER SPRAY SYSTEId$, FOAM-WATER SPRINKleR SYSTEMS, FOA~-WATER SPRAY SYSTEMS, STANDPIPES, COMBINATION STANDPIPES AND SPRINKLER RISERS, EXCLUDING PRE-ENGINEERED SYSTEMS. 931074OOO12001 Insurnnce Conun/ss/oner Fire Mnndud STATE OF FLORIDA DIVISION OF STATE FIRE MARSHAL REGULATORY LICENSING SECTION TALLAHASSEE, FLORIDA GENERAL LICENSE INFORMATION Important: Review all information on your license/permit. Notify the Regulatory Licensing Section immediately if there are any error~ on the license. Within 10 days of the changing of a business address, home address, mailing address, or physical location, you are required to notify the Regulatory Licensing Section of the change. If your license/permit is lost, stolen or destroyed, notify the Regulatory Licensing Section immediately, in writing. Change of address, lost, stolen or destroyed licenses or permits require replacement. Upon receipt of notification you will be invoiced for replacement fees. DIRECT INQUIRIES TO: Division of State Fire Marshal Regulatory Licensing Section 200 East Gaine~ Street Tallahassee. FL 32399-0342 Phone (854}) 413-3623 The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. Date (Name of bidder, Corporation, Firm or Indi~duai) Printed Name Title Telephone Number Florida Contractor's License Number THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP-2 BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) KNOW ALL MEN BY THESE PRESENTS, that as Principal, and , as Surety, authorized to do business in the State of Florida are held and fu"mly bound unto the Owner, City of Bnyntnn Beach in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying bid, dated ,20 , for: gIlPPl,Y AND INSTAl,I, FIRE SPRINKI,ER SYSTEM AT THE SENIOR CENTER NOW THEREFORE, If the principal shall not withdraw said Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. BIB- ! Bo In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this ~ day of , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body. W1TNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Name of Firm WITNESS: Signature of Authorized Officer (affixed seal) Title Business Address City and State BIB- 2 SURETY: Corporate Surety W1TNESS: Attorney-in-fact (affix seal) Business Address City State Name of Local Insurance Agency BIB- 3 CERTIFICATE AS TO CORPORATE PRINCIPAL as Principal in the within bond; that on behalf of the Principal, was then , certify that I am the Secretary of the Corporation named who signed the said Bid Bond of said Corporation; that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary (corporate seal) STATE OF FLORIDA ) COUNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the authorized by and that he has been to execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. BIB- 4 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information Name of Bidder: Business Address: ° When Organized: I q ~ '~ Where Incorporated: I q g ~ How many years have you been engaged in the contracting business under the present firm name? '7 General character of work performed by your company. 8. 9. 10. 11. Enclose evidence of possession of required licenses and/or business permits. Number of employees. Background and experience of principal members of your personnel, including officers. * Bonding capacity. '~-~ Have you ever defaulted on a contract? If so, where and why?* THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- ! STATEMENT OF BIDDER'S QUALIFICATIONS continued ...... 12. Experience in performance. Project $ Value Contact Name Phone # 13. 14. Contracts on hand. * Largest completed projects (include final cost). l) 2) 3) 15. List all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * 1) 2) arose from construction projects: occurred within the last 4 years: * 3) provide case number and style: Dated at: this /~ffn'day of t/]/~g¢~ ~/_ 2003 Name: (printed or typed) Rev. 05/30/02 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ- 2 PAGE 1 COMPLETED AND/OR ONGOING PROJECTS; Miller & Solomon 8491 NW 17 Street, Suite L Miami, FL 33126 Contact: Mr. Steve Roth (305) 466-4247 Peninsula Phase I 325l N.E. 183ra Street Aventura, FL 31 Story Condominium $1,600,000 (Bonded) Mizner Grand Condominium 500 SE 5th Ave Boca Raton, FL 33432 Hi-Rise Condominium $1,250,000 (Bonded) Grand Bay Residences 430 Grand Bay Drive Key Biscayne, FL $800,000 (Bonded) Coastal Condominiums 400 S. Ocean Blvd. Boca Raton, FL 33432 Contact: Mr. Kevin Harrington (561) 338-9355 The Excelsior 10 Story Condominium Boca Raton, FL $380,000 - (Bonded) Architect - Vander Ploeg & Associates Coastal Construction Company 790 NWl07 Avenue Miami, FL 33172 (305)559-4900 Sawgrass Ford Car Dealership Sunrise, FL $119,000 Brasfield & Gorrie LLC 900 Winderley Place Suite 250 Maitland, FL 32751 Contact: Mr. Kirk McKinnon (407) 660-8090 Cambridge Executive Phase II 6-Story Office Building & Garage Ft. Lauderdale, FL $280,000 The Weitz Company 560 Village Blvd. Suite 120 West Palm Beach, FL 33409 Contact: Mr. Clayton Garrison (561) 686-5511 Safeguard Coconut Creek $93,500 Safeguard Miramar $94,000 (2) 3-Story Self Storage Buildings Minto Las Olas 31 Story Condominium Ft. Lauderdale, FL Architect Cohen Freedman Encinosa& Assoc. $880,000 - (Bonded) (CONT) PAGE 2 ltasca Construction Associates 6300 NW 5~ Way Ft. Lauderdale, FL 33309 (954) 771-7122 Contact: Mr. Mike Albee Gateway ~ Quantum 2025 & 2035 High Ridge Road Boynton Beach, FL 33431 56,104 sq. ft. & 78,226 sq. ft. warehouses $126,900 Sensormatic 2049 High Ridge Road Boynton Beach, FL 33431 Tenant Build-out $46,000 Doral Costa Office Bldgs. 2049 High Ridge Road Boynton Beach, FL 33431 Two Office Buildings $136,910 Catalfumo Conslruction 4300 Catalfumo Way Palm Beach Gardens, FL 33410 (561) 694-3000 Contact: Mr. Doug Parry Quantum Business Center Bldg 1 3700 Quantum Blvd Boynton Beach, FL 33431 142,200 sq. ft. warehouse $167,000 (Completed) Cheney Brothers I Cheney Way Riviera Beach, FL 99,600 sq. ft. warehouse $142,700 (Awarded) $166,070 (Completed) Hospice of Palm Beach 5300 East Avenue West Palm Beach, FL Two Story Office & Garage $166,000 (Completed) Turner Conslruction Company 70 Fisher Island Drive Fisher Island, FL 33109 Contact: Mr. Jim Jackson (305) 538-0015 Oceanside 6 7400 Fisher Island Drive Fisher Island, FL 9-Story Condominium Building $426,756 (Bonded) $438,508 (Current) Architect - Sandy & Bobcock, Inc. Turner/Lathrop 363 Granello Ave Coral Gables, FL 33146 Contact: Mr. Thad Smith (305) 774-6007 South Deck at Merrick Park 340 San Lorenzo Ave Coral Gables, FL 5-Story Parking Garage $680,000 (Bonded) $705,574 (Current) Architect - Elbasani & Logan Architects (CONT.) PAGE 3 IBEX Construction 4241 Aurora Street Coral Gables, FL 33146 (305) 443-7778 Contact: Mr. Greg Montelione Nordstrom -Boca Raton Town Center Mall Boca Raton, FL 2-Story Department Store $284,109 (Awarded & Bonded) $312,504 (Completed) Nordstrom - Memck Park 4310 Ponce de Leon Blvd. Coral Gables, FL 3-Story Department Store $330,000 (Awarded & Bonded) $357,300 (Completed) Architect - Callison Architects Nordstrom - Wellington 10320 W. Forest Hill Blvd. Wellington, FL 2-Stor3, Department Store $210,000 (Bonded) Architect - Callison Architects Chinook Construction, Inc. 1500 NW 49~ St., Suite 500 Ft. Lauderdale, FL 33309 Contact: Mr. Bill Keenan (954) 776-6700 Waters Edge Apartments 500 N. Congress Ave Delray Beach, FL (5) 3-Story Apartment Buildings $170,000 Fountains of Delray Beach 14401 S. Military Trail Delray Beach, FL (6) 3-Story Apartment Buildings $240,000 1900 W. Commercial Office Bldg. Ft. Lauderdale FL 200,000 sq. ff. Build-out $1'20,000 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: $11PPI,Y AND INSTAl,I, FIRE SPRINKI.ER SYSTEM AT THE SENIOR CENTER BID NUMBER: #040-2413-03/CID DATE: ~//'~/O'~ Before me, the undersigned authority, authorized to take acknowledgements personally appeared: ff_.~'~'r (-..og:D,~ ,'t 'to as an authorized representative of: ~O~O~..,~ ~'~'T~ .~~t~.~,' (hereinafter called the bidder) located at IOi~t .~ P"$'~$~'~ Nt~u'f . /'~.fa.eloo-r ~ and that said 1 bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. CITY EMPLOYEE SIGNATURE DATE OF INSPECTION BSI- I NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ~'~1 Or;, D ta ) County of ~g..t~ ~-t0OJ ) , being first duly sworn, deposes and says that: I) (Title) (Name of Corporation or Firn~) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Roynton Reach (l.ocal [h~hlic Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this afCant~/ /. L P. moll/,8 (Signed) - k. N..-~-,~t, My Comm. Exp. Jul. 15, :;04 . ,.,:.t,.~,L~,~, Comm. No. CC 952'~51 (Title) z Subscribed and sworn to befo. r~_ me This /2~''d'l day of ~ ~ ,20d-5 My commission expires L. P. l'HO~4A8 Not~ry Publl~ St~l ~f ~ My Comm. ~, Jul, 18, 2004 Comm. No, CC g~l~l THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA- I ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. Sworn and subscribed before this /ffg'~ day of 14oTARY PUBLIC, State of Horida at Large L P. THOMAS ~ Public StM~ My Comm. Exp. Jul. 15. Comm. No. CC 9521 "OFFICIAL NOTARY SEAL" STAMP Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AKA- I CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~ If YES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB- I CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAl, TIE. IqlDR Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection ( i ). 4) In the statement specified in subsection (I), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that t~s firm compl~/f, uily, w~h the above requirements. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW- I TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S. 1926.650, as Florida's own standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name°fP~°s~7 ~ ~ AU th,..,~, o2~ S i~~op~se? L× *COMPLETION ~QU~S PROPOSERS TO F~L IN THE APPROPRIATE DETA~S UNDER THE FOLLOW~G HEAD~GS: Description Unit Quantity Unit Price Extended Price Method THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA- I SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. I. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. l THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPCo ! STATEMENT OF NO BID If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid # 040-2~113-03/Cll) for ~ INflTAi,l, FIRE ~PRINKI,ER flYflTEM AT THE ~ENIOR CENTER because of the following reasons: REMARKS: Specifications too "tight", i.e., geared toward brand (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) or manufacturer only Other (specify below) IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES NB-I BID BOND 5'l'A I'~ (')Y HI .OR C 0 U NTY OF ?,~..M BEACH KNOW ALLMEN BY TIIESE PRESF. NTS, that S~ ~ SP~~.,. b']~in=sx in t~c State c,f Florida arc held and firmly hound unto the Owner. ('itv e,f m the penal sum of ~ P~C~ OF ~ BID ..... Dotlm's (~;5~ O~ BID ) lawful money of the United Stat=:,, fur ~he payment of ~'hich sum will aad Italy to ~ made. ~e boad our~cl~c~, our trots, executors, admirfisrratt~m, and j{.)intly and severally, firmly by these prc~cnts. t'ltE COND~ION OF Tills ()BI.I(iATION IS SUCH. thltt whereas the Principal has submitted die acgornpanying bid. dared ~ II ,2003 , for: S[~PPIY AND INSTAl .[, FIRE gPRINKI,ER SYSTEM ,AT 'l'llI( NI(NI('}R ('~NTER NOW I'HEI(EF()RE. A. ti" the priacipal ~hall not withdraw .~aid Bid within nit,cry (~0) days attm' date of npe,m~g of ti:I- ~arne, and shall within ten (10) days after thc prescribed form.q are presented to l'~.im fors~ona="'" ·tre. en~r ineo a wdrren gonrrnct with the Owner in accordance with thc Bid a~ accepted, a,',d give btmd~ with g~da uno sufficient surety or surctic,. ~ may be required, for thc faithful pcrfomance anti pro,er thlfillment of ,ach Contract. t~en tt~e above obligaliun~ ~hall be ~oid aha of no effect, otherwise m remain in full force and 13. I,~ the e,~crlt o1' tile wirh,i:'nwal r,f said Bid within al'hZ period specil%d, r.~r thc f:dkrrc to IN v,,'ITNE5$ YVlII,;RI'iOI:'. thc 'above bounded panics have executed this i~st~mertt these present, duly signed by its undersigned rep,'~;m~rarivc, pu~ttara tt~ attthoriry ot is gorging body. WITNESS: (Ir' Sol,: O,anership or Partncr.',hip, two {'2) Wirnesse:; reclt,ircd). (If Curporation. Secretary only will attest ami i.lfllx P'I(! N { ;I PA I ,: SUNMI!iRS FIRE SPRIlfKLI!3L~, INC. Nktll'Ie of Firln W FIN ["Lq S: .qignarur¢ of Authorizcct ()fricer (af6xed scal'l Titl,~ 1534 N.W. 1ST A~ Bu:liness Address BOCA RATON, FLORIDA 33432 City and St~ttu SURKTY: - I~ID-STATE SURETY CORPORATION /x. ttorney-in-facl. (affix :,eul) D. MICltAKL STEVK~$ 9180 GALL~ COURT ~300 Busi~e~.,i Addre$.s .NAPLES, FLOI~DA 34109 City Stat= COIr.'I'.INb~IORTIt, ~l.,'rl~, I.~iI~ERT, lille. Name or' ~:,czl Insurance Agency MID-STA TE SURETY CORPORA TION GROSSE POINTE FARMS, MICHIGAN 48236 821030 POWER OF ATTORNEY Know All Men By These Presents: That the MID-STA TE SURETY CORPORA T[ON, a corporation of the State of MICHIGAN, baying its principal office in the City of Grosse Pointe Farms, Michigan, pursuant to authority granted by a resolution of its Board of Directors, which reads as follows: The President, the Vice President. or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact, as the business of the Corporation may require, and to authorize such attorneys-in-fact, and each of them to execute on behalf of the Corporation, any bonds, recognizances, sttpulations, contracts of indemnity and other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary or any Vice President to certified copies of such powers of attorney may be original or facsimile, and when the corporate seal is affixed thereto, any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President, the Vice President, or Treasurer may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment." does hereby nominate, constitute and appoint D. Michael S=evens Collinswor~h, Alter, Lamber=, Inc. its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf, as Surety, and as its act and deed. Any and all bonds in an amount not exceeding $10,000,000.00 in any single instance, for or on behalf of this Company, in its business and in ~rdance with its charter, and to bind MID-STATE SURETY CORPORATION, thereby, and all of the acts of said Attorney-in-Fact, pursuant .hese presents, are hereby ratified and confirmed. IN WITNESS WHEREOF, MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, has caused these presents to be signed by its proper officer 20 O2 and its corporate seal to be hereunto affixed this 1st day of January , · - ~_~ . MII~-STA TE SURETY CORPOIt4 TION STATE OF MICHIGAN, COUNTY OF WA YNE ~ '/~~jO~ J. BARRY, PRESIDENT On this 1st day of ~ A.D. 2002. personally came before me dOHN J. B E to me known to be the individual and officer of the MID-STATE SURETY CORPORATION of Grosse Pointe Farms, Michigan, who executed the above instrument, and acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that he is the said officer of the Corporation aforesaid and the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said Corporation. Gail Trevor /-- -- ' Notary Public Notary Public Uacomb County, MI ~ ~ Acting in Wayne County, Michigan ~ c~/ C;)~O ~ My Commission Expires Commission Expires August 2, 2005 /_2 [, the undersigned, Vice President of the Mid-State Surety Corporation of Grosse Pointe Farm& Michigan, a Michigan corporation, DO HEREBY CERTIFY that the foregoing.Power of Attorney remains in fizll force and has not been revoked, and ]~rth~ore that the provisions of the By-Laws -£ the company and the Resolutions of tl~ Board of Directors set forth in the Power of Attorney, are still in force. .,tgned and sealed in the City of Orome Pointe Farms this 17Tffday of _ ~ ,2003 (Seal) / ~ 7"' JOS~.PH~. rS'II~YS, &CE PRESIDENT BID NAME: SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER BID NUMBER: 040-2413-03/CJD COMMISSION AGENDA: MAY 6, 2003 BROADCAST LIST: 1,455 VENDORS - DEMANDSTAR 35 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 12 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-[E BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 1 VENDOR BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT SERVICES DATABASE. Planholders L~st - Demanct~tar Oy t.)nv~a t~age tot t Planholders List Member Name Bid Number Bid Name Number of Documents for this bid City of Boynton Beach NTC-040-2413-03/C.1D-0-2003/CD SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER 1 (Not Including Plans) 12 Planholder(s) found. Doc Attributes Actions Supplier Name Phone Fax Count (305) 691- (305) 696- 1 Documents A & B PIPE SUPPLY [NC 5000 6810 PIPER FIRE PROTECTION INC 7275819339 9413650936 1 Documents 1. Small Business 954-747- 954-747- I Documents J & J Fire Protection 4941 0553 2. Woman Owned 904-388- 904-388- 1 Documents Construction Bulletin / www.cbids.com 0336 0109 407-831- 407-831- 1 1. Small , Documents Three D Promotions, Inc. 2463 0387 Business SPRINKLERMATIC AUTOMATIC FIRE 954-986- 954-986- 1 Do___CUm_m_e_n__t_s_. SPRINKLERS, Inc. 1106 1109 561-393- 561-393- 1 1. Small Documents l Summers Fire Sprinklers 6718 6986 Business - 1. Hispanic Owned 305-829- 305-829- i Documents Radiant Fire Systems Corp 0087 9363 2. Small Business 561-393- 561-393- 1 Documents Summers Fire Sprinklers Inc 6718 3986 239-633- 239-690- I Documents TECO Energy Services 6340 5539 (800) 785- (800) 581- 1 .D_o__cu__m__e_n_t~ Constructionjournal.com 5165 7204 Gee & Jenson, A Division of CH2M HILL (561) 515- (561) 515- Docu (1/27 not renewing) 6500 6640 http://www~demandstar~c~m/buyer/bids/P~anh~~der-List~asp?F=search&-PU=%2F~uyer%~~~ 4/11/2003 NAME OF BID: "SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER", BID #: 040.2413-03/CJD BROADCAST LIST - 35 VENDORS (PROCUREMENT DATABASE) ACTIVE PROTECTIVE SERVICES, INC. 8252 N.W. 70TM STREET MIAMI, FL 33166 ADVANCED ALARM SERVICE, [NC. 1253 OKEECHOBEE ROAD, SUITE B-I WEST PALM BEACH, FL 33401 ALARM GUARD 3965 ~VESTMENT LANE, # A3 RIVIERA BEACH, FL 33404 ANCLOTE ~ & SAFETY, [NC. 460 E. LEMON STREET, SUITE E TARPON SPRINGS, FL 34689 BISCAYNE ELECTRIC & HARDWARE DISTRIBUTORS, [NC. 1140 N.W. 159 AVENUE M~il, FL 33169 CERTIFIED SECURITY SYSTEMS 2700 W. CYPRESS CREEK ROAD, SUITE CI00 Fr. LAUDERDALE, FL 33309 CONNEY SAFETY PRODUCI~ 3202 LATHAM DRIVE MADISON, Wl 53713 ADI 3020 HIGH RIDGE ROAD BOYNTON BEACH, FL 33425 ADVANCED FIRE AND SECURITY, INC. 1001 W. CYPRESS CREEK ROAD, # 118 Fr. LAUDERDALE, FL 33309 AMERICAN SECURITY ALARM SYSTEMS 319 N.C. 3~ AVENUE DELRAY BEACH, FL 33444 ~ FIRE SUPPLY, [NC. 3435 PHILIPS HIGHWAY, SUITE 301 IACKSONVmI-E, FL 32207 c & G DISTRIBUTING, INC. 690 N. 4fa STREET, UNIT MONTPFI-mR, ID 83254 :HIEF SUPPLY CORPORATION 2468 WEST 11TM AVENUE EUGENE, OR 97402 CROFr TECHNOLOGIES, INC. 12990 S.W. 191~r STREET MIAMI, FL 33177 DRAEGER SAFETY, [NC. I01 TECHNOLOGY DRIVE Pn-~'SBURGH, PA 15275 5601 N.W. 9TM AVENUE, SUITE 100 Fr. LAUDERDALE, FL 33309 FLORIDA, [NC. 2700 w. ATLAN~C BLVD, SUITE 109 POMPANO BEACH, FL 33069 FLORIDA STATE FIRE & SF, CUR1TY, INC. 3921 S.W. 47TM AVENUE SUITE 1004 DAVIE, FL 33314 IMPACT ABSORBENT TECHNOLOGIES, INC. P.O. BOX 1131 ATASCADERO, CA 93423 JOHN W. POLHEMUS, INC. 1045 N.E. INDUSTRIAL BLVD. JENSEN BEACH, FL 34957 EMERGENCY MEDICAL PRODUCTS, [NC. 1711 PARAMOUNT COURT WAUKESHA, Wl 53186 FIRE PATROL, INC. P.O. BOX 771105 MIAMI, FL 33177 FIREFIGHTERS EQUIPMENT CO. 3038 LENOX AVENUE · JACKSONWLL~, FL 32223 THE GLOVE STORE 1250 E. HALLANDALE BEACH BLVD, SUITE 8096 HALLANDAI.g~, FL 33009 JERSEY SHORE AUTOMATION, INC. 1500 MF~ETING HOUSE ROAD SEA GIRT, NJ 08750 KNOX COMPANY 17672 ARMSTRONG IRVINE, CA 92614 NAME OF BID: "SUPPLY AND INSTALL FIRE SPRINKLER SYSTEM AT THE SENIOR CENTER", BID #: 040.2413.03/CJD BROADCAST LIST - 35 VENDORS (PROCUREMENT DATABASE) LIFE SAFETY MANAGEMENT, INC. 6040 LAKE WORTH ROAD GREENACRES, FL 33463 MATTHEW OPPERMAN CO, INC. 15832 S.W. 66TM LANE MIAMI, FL 33193 NATIONAL ALARM SYSTEMS 2101 N. ANDREWS AVENUE, SUITE 206 FT. LAUDERDALE, FL 33311 RESCUE CONCEPTS, INC. 9113 S.H. 146 SOUTH DAYTON, TX 77535 SIMPLEX GRINNELL, LP 4460 MEDICAL CENTER WAY WEST PALM BEACH, FL 33407 MARDALE OF AMERICA 3701 N.E. 5TM AVENUE FT. LAUDERDALE, FL 33334 NAFECO 1515 W. MOULTON STREET DECATUR, AL 35601 PDQ SUPPLY, INC. 901 NORTH RADDANT ROAD BATAVIA, IL 60510 SAULSBURY FIRE RESCUE, INC. P.O. BOX 690 TULLY, NY 13159 V.'CONSENT AGENDA ITEI B.2. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Comrmssion Meeting Dates [] April l, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Foma Must be Turned Requested City Comn~ssion Date Final Form Must be Turned in tO (~it~ (~lerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16. 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business ~-o ~"~ [] City Manager's Report [] Presentation ~ x.~.~_~ [] Consent Agenda [] Public Hearing [] Code Compliance/I~gal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the 'RE-ROOF OF THE PISTOL RANGE" Bid#039-lSll-0r~Cj~].-.~ MURTON ROOFING CORP. of West Palm Beach, Florida in the amount of: $32,371.00. EXPLANATION: On March 12, 2003, Procurement Services received and opened five (5) proposals for the Re-Roof of the Pistol Range. It is recommended to award this bid to MURTON ROOFING CORPORATION of West Palm Beach, Florida, whose bid was overall the lowest, most responsive, responsible bid that met all specifications. Richard Fiege, Facilities Management Supervisor, concurs with this recommendation (see attached memo g03-057). PROGRAM IMPACT: The purpose of this bid was to obtain a firm price to remove the existing roofing material and install a new KOPPERS Coal Tar Roof on the Pistol Range Building. FISCAL IMPACT: BUDGET ACCOUNT: 302-4117-580-62.01 Deputy Director of Financial Services Procurement Services Department Name EXPENDITURE: $32,371.00 City Manager's Signature City Attorney / Finance / Human Resources SABULLETINW-'ORMSXAGENDA ITEM REQUEST FORM.DOC C: Richard Fiege - Facilities Management Superviso~ File RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF BID FOR THE "RE-ROOF OF THE PISTOL RANGE", BID #039-2511-03/CJD, TO MURTON ROOFING CORP., IN THE AMOUNT OF $32,371.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WI-IEREAS, on March 12, 2003, Procurement Services received and opened five 5) bids for the re-roof of the pistol range; and after review and evaluation, it was letermiaed by staff that Mutton Roofing Corp., of West Palm Beach, Florida bid was overall the lowest, most responsive, responsible bidder who meetm all specifications; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be ia the best interests of the citizens and residents of the City. of Boynton Beach, to award this bid (#039-2511-03/CJD) and enter into aa agreement between the City of Boynton Beach and Mm'ton Roofing Corp., ia the amount of $32,371.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, TIIAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as true and correct and are hereby made a specific part of this Resolution upon adoption Section_2: The City Commission of the City of Boynton Beach, Florida, upon of staff, hereby approves the award of a bid for "Re-Roof of the Pistol BID #039-2511-03/CJD, to Mu_non Roofing Corp., ia the amount of $32,371.00; authorizing the City Manager to execute a contract, a copy of which is attached hereto. ;:\CA~:tESO~,greements~Bid Awards~BId Award - ReRoof of Pistol Range.doC Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner Clerk ;:\CA~RESO~Agreements\Bid Awards~Bid Awan:l - ReRoof of Pistol Range.doc CONTRACT THIS AGREEMENT, made and entered into this 6th day of May: A.D. ~003, and between the CITY OF BOYNTON BEACH, a mumcipal corporation of Florida, hereinafter called the "City" and MI IRTON ROOFING CORPORATION. a Florida Corporation (X ) a Hot'ida General Partnership (.__) a Honda Limited Partnership (.~) a Sole Proprietor ( ) Check One hereinafter called "CONTRACTOR". WITNESSETH That under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of Thirty_. tWn tho. sand. three h.ndr~d and .~.venty one dnllavn and 001100 submitted by the aforementioned CONTRACTOR was the best and rtmst desirable bid submitted, and has authoriz'L'd the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.! The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated March 12: 2003: which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: Bid Number: RE-ROOF THE PISTOL RANGE ~39-2511-03/CJD City of Boynton Beach, Florida, all of which are incorporated herein by reference at such unit prices/or lump sum prices as specified in CONTRACTOR'S bid totaling ~ C-I 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformit3~ with the detail for said work on file in the office of the City Engineer of~the City and strictly in accordance with ~e specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Engineer of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms-to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. c-2 3.0 2.8 2.9 2.10 Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Engineer. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. Upon completion of the work, the City Engineer shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Engineer is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to'formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the engineer' shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.11 After the cleaning up of the work, premises, streets, alleys, manholes, catch basins, or other areas of structure fit-anyway connected with the performance-of the contract, the work as a whole shall be inspected by the City Engineer, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefor. All settlement, defects or damage upon any pan of the work shall be remedied and made good by the CONTRACTOR. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 60 calendar days following the commencement date as specified in same. C-3 4.0 5.0 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Engineer in writing, the names of subcontractors as originally proposed for principal pans of work, and for such others as City Engineer may direct. Contractor shall not employ and that City Engineer may, within a reasonable time, object to as incompetent or as unfit. LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay ~ per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within fill calendar days from the commencement date to be indicated in the written "Notice to Proceed". PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. C-4 6.0 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. INDEMNIFICATION 6.1 6.2 6.3 6.4 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in Attachment "A" herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. c-5 7.0 PAYMENT BY-CITY 8.0 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: ~- " 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. C-6 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Engineer, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and fot~eman are actually engaged thereon. An ut:~r limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Engineer to determine the necessity and reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 8.4.3.4 Where it is indicated' that the Contract is Federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. C-7 9.0 8.5 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly-or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Engineer. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Engineer and one copy retained by each. Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. PROJECT ENGINEER 9.1 9.2 The project engineer shall be ~ The Engineer shall have general supervision and direction of the work. The Engineer is the agent of the CITY only to the extent provided in the contract documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR written authority. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the contract. C-8 10.0 11.0 12.0 9.3 As thc Engineer is, in the first instance, thc interpreter of thc conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his power under the contract to enforce its faithful performance by both. INSURANCE 10.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule attached as Attachment "A". 10.2 10.3 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. GUARANTEE AND WARRANTIES 11. l All the work shall be guaranteed to remain in good condition for one year from date of acceptance. TERMINATION OF CONTRACT 12.1 If the work m be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR or any of his property; if at any time the Engineer shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, C-9 13.0 14.0 provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 12.1.1 Complete the contract in accordance with its terms and conditions, or 12.1.2 Obtain a bid or bids for ctmapleting the contract in accordance with'its terms and conditions, and upon determination by Surety and the crrY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. CONTRACT CONTROLS 13.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. TIME OF ESSENCE 14.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined C- 10 15.0 program, all such time limits are of the essence of the contract. REMEDY FOR DELAY 15.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of' any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 15.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 15.4 For the purpose of this section the~phrase "the CITY, its agents and employe~s" .~ shall include but shall not be limited to the architect, project manager and consulting engineers. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its Mayor, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney C-Il Signed, sealed and witnessed in the presence of: MURTON ROOFING CORPORATION President or the Vice President Attest as to Contractor State of Florida County of Palm Beach ) ) SS: On this ~ day of ,20 administer oaths persons described herein and who executed , personally appeared before me duly authorized to to me known to be ~ g the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 05/0ad01 k~r C- 12 0 m' ~ m z ~z m ~ z ~; m 0 ~ 0 ~ 0 ~ ~o o o ~ m ~ m ~ 0 Z~ 0 o Z ~m 0 ~ 0 ~ Z ~ m ~ O' ~ ~ ~ ~ 0 ~ ~ 8 8 8 o >%~ c2m ~ ~ ~ z · o o o z ~ 'zm ~oz ,5 aaa :~00 mm .-,¢¢ __. ~,> z 0 '-! :3: ~_->~_d 0 . ~ m ~ m -'n '< ~ c: -r' _ C 3) z ~ -- 0 0 'r. r13 0 z · .< "< '< < '< z ~ rn m m 0 ° ~o ~ ::Im .-I' "13"0 mm o DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-057 RECEIVED APR 0 2 2003 pROC1JR:i,mNT ~F_~VICES TO: VIA: FROM: DATE: SUBJECT: Bill Atkins, Deputy Finance Director / Procurement Jeffi'ey R. Livergood, Public Works Director ~/i/ Christine Roberts, Assistant Public Works Director (~, Richard A. Fiege, Facilities Management Supervisor March 31, 2003 Pistol Range Re-roof Bid Award Bid #039-2511-03/CJD I have reviewed the bids submitted and have found that Murton Roofing Corporation out of West Palm Beach to be the most responsive, low bidder; therefore, I would recommend awarding them the bid for their quoted price of $32,371. Unfortunately, our budget estimate for this project was $23,500' in thc CIP Account #302- 4117-580-62.01/Project #CP0319 but due to the importance of this re-.roofing project I will be requesting that the following projects be deferred or cancelled via this memorandum and a budget transfer (copy to be attached). Project Name/No. Account Number Budgeted Amt. to Notations Amount Transfer Pistol Range 302-4117-580-63.15 $6,500 $6,500 To defer until a later Embank / date if it can't be CP0322 handled with in-house labor only. Art Center - 302-4106-580-49.17 $3,000 $2,371 Painted with in-house Paint Interior / labor only and stocked CP0325 paint. Should you need any additional information, please contact me at Ext. 6020. PL/RAF/pl Attachment Copy: PW Files rl'l BID PROPOSAL The Bidder agrees to accept as full payment for the: RE-ROOF TIlE PISTOL RANGE BID #039-2511-03/CJD Work to be performed consists of, but is not necessarily limited to: Rlr~i~OOi~ PIRTOI, RANC, F, as defined in these Contract documents based upon the undersigned's own estimate of quantities and costs, the following total sum of: KOPPER'S 4-PLY COAL TAR SYSTEM RE-ROOF: OPTIC)N iii INSTALL NEW METAL COPINGS TO THE PARAPET WALLS: WATERPROOFING THE PARAPET WALLS: $ 27,810.00 $ 2,919.00 $. 1,642.00 TOTAL PROJECT SUM $ 32,371.00 Thirty Two Thousand ~Three Hundred Seventy One Dollars and No Cents (amount written in words has precedence) The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall complete the work within fill calendar days after the commencement date. ~ Attached is a computer generated horizontal bar chart showing proposed schedule of work. Qualified applicator certificate enclosed? Yes Yes/No Five (5) references of Coal Tar Roof Installations enclosed Yes Yes~qo THIS PAGE TO BE SUBMITI'ED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP- I BID PROPOSAL CONTINUED .... Copy of Contractor's License enclosed? City of Boynton Beach Occupational License enclosed? Warranty enclosed? Yes Y~No Yes/No Yes/No The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, am limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. Date 03/12/03 Murton Roofing Corp (Name of bidder, Corporation, Firm or Individual) By Sigtlature Karen Diedrick THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - 2 BID PROPOSAL CONTINUED .... Karen Diedrick Printed Name Regional Manager Title 561-712-4533 Telephone Number Florida Contractor's License Number CCC-026463 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - 3 BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREME~ SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date (City): February l0,2003 Bid Title: RE-ROOF THE PISTOL RANGE Bid Number: ~)39-2511-03/CJ-D Bid Received By:. MARCH 12, 2003, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: MARCH 12, 2003, no later than 2:30 P.M. 0oeal time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the chatter and codes of the City. Name of Vendor: Mutton Roofing Corp Federal I.D. Num~. 591583626 A Corporation of the State of.' Florida Area Code: 561 Telephone Number: 712-4533 712-9917 Area Code: 561 Mailing Address: City/State/Zip: Vendor Mailing Date: 3110-F 45th Street West Palm Beach, Florida 33407 3/12/03 Z Authorized Signature n Diedrick Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA- 1 BID TITLE: BIDDER: ADDENDA CITY OF BOYNTON BEACH FLORIDA RE-R(H'H;' THE PI~TI3I, RANGE Murton Roofing ~orp DATE SUBMITTED: 3/16/03 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, appaxatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prep~ by: City of Boynton Beach (Name of Project Manager/ArchitccedConsultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE N/A THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-! NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of Florida ) County of Karen Palm Beach ) Diedrick 1) , being first duly sworn, deposes and says that: He is REgional Manager of Murton Roofing Corp (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or pa~ties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, finn or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City cfi ne~vnt~n l~leaeh (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in int~g this affiant (Title). l~g~onal Manager Subscribed and sworn to before me This 12 day of March , 200~ My commission expires June 13,2006. THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA- I ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of giR, directly or indirectly by me or any member of my firm or by an officer of the corporation By: a.~ ~,- / / NAME- SIGNATURE Sworn and subscribed before me this 12 day of March , 20 03 Printed Information: Karen Diedrick NAME NOTARY PUBLIC, State of Florida at Large Region~! Manager TITLE Mutton Roofin$ Corp COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Murton Roofing Corp CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. ( ) AMERICAN INDIAN ( ) ASL~ ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"?. YES NO x ffYES, name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITI'ED ALONG WITH PROPOSAL MOB- 1 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-flee workplace programs. Whenever two or more bids which axe equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employ~'s community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authoriz~ to sign the statement, I certify that this firm cg~nplies fully with "-- Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR' PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW- 1 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). The City reserves the fight to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non*compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I ceFflfy that this firm complies ~ with the above Fequfremen~s. AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPCo I TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR. S. 1926.650, as Florida's own standards, The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90--96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED wrrH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit .t- Qusntity Unit Price Extended Price Method TSA- I STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information Name of Bidder: Business Address: Murton Roofing Corp 3110-F 45th Street West Palm Beach, Florida 33407 1975 1975 When Organized: How many years have you been engaged in the contracting business under the present firm name? 28 years General character of work performed by your company. Roofing,waterproofing and sheetmetal 8. 9. 10. 200 Number of employees. Background and experience of principal members of your personnel, including officers. * Bonding capacity. 60 million Have you ever defaulted on a con~act? If so, where and why?.* NO THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL STATEMENT OF BIDDER'S QUAI,IFICATIONS continued ...... 11. Experience in performance. Proje~ $ Value See Attached Contact Name Phone # 11. 12. Conua~ts on han& * SEe Attached Largest complemd projects (include final cost). 1) See Attached 2) 3) 14. which: * l) 2) 3) List all lawsuits (design and/or construction related) to which you have been a party and arose from construction projects: * occurred within the last 4 years: * pwvide case number and style: * See Attached See Attached See Attached Dated at: 3110-F 45th Street figs 12 ,dayof March 2003 By:. - (wrilt~n signature) Name: Karen Diedrick (printed or typed) Title: Regional Manager THIS PAGE MUST BE SUBI~ITrED ALONG 1,VITH PROPOSAL BH) BOND STATE OF FLOR~A ) COUNTY OF PALM BEACH ) KNOW Ar.T. MEN BY THESE PRESENTS, th~ Hutton Roofin~ Corooration as Principal, and Safeco Insurance. Company of America , as Surety, authodze, d to do bus.ess in the Sta~e of ~lodda are held and firmly bound un~o th~ Owner. City of R .~u~ P~h in the panal sum of Five Per Cent of Total Bid Dollars ($ 5I TAB ) lawfifl money of thc United States, for th~ payment of which sum will and truly to be made,, we bond oursctvcs, our hci~ cxccutors, admini~ and successo~ jointly and severally, S,mly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that wheze~ thc Principal has submitted the accompanying bid, dated I/arch 12 ,20,03 ,for:. RE-ROOI~ THE PISTOL RANGE If the principal shall not withdraw said Bid within ninety (90) clays afaer a~ of opting of the same, and shall within rca (1 O) day~ afer th~ proscribed f,~, am presented to him f~ Sigl~tol~ ~ h~to a writt~ Conlra~t with the Owner |n ~ce with thc Bid as ~ and giv~ bonds with goods and sufficient ~ or sur~i~s, as may b~ requimt, for tl~ faithful peffotman~ and proper fuhSllmcat of such Coah~ct, then the above obli~lions shsll be void and of no effe.~, otho~: Io remain in full forcz and In tho gvent of the withdrawal of said Bid within th~ peziod specifi~ or the hilum to cater into st~h Contract and give tach bonch wi~hi~ the time specified, ff the principal sl~ll pay h~ Owner the diffe~nCc between the amount specified in said Bid and the amoum for which the Owner may procurc thc rcquired work and supplies, if th~ lat~ amot~ be in ~xcess of the former then the above obligations shall be void and of no BIB- I IN WITNE~ WH~'REOF, the above bounded ~-tics ha~¢ cx¢cuted this insmamcnt trader their several seals, this 4th d~y of Hatch, 2003 , bcin~ h~to a/~ed and ~hcs~ p~scn~s duly signed by its undersigned representative, pursuant to authority of is gov~'ning body. WITNESS: (If Sole Owna~hip or l~'tm:rship, two (2) Wimesses mquh-ed). (~f Corporation, Secretary only will a~-st and ~ scal). llurton Roofinpi Corporation Name of Firm WITNESS: . .. ~ REgional Manager Title 3110-F 45th Street West Palm Beach, Florida 33407 Ci~and Sm~ BIB. 2 SURETY: Safeco Insurance Company of l~erica Corp~ Sm,ay 5847 San Feltpe, Ste 320, Busincss Addrcss Houston, TX 77057 State Donald J. Dalstrom Nsme of Local ~ _a_~e~cv _ 7765 Lake ;~%{~LffLake Worth, FL 33467-2536 Countersignature: ~onall. dJ .- Dalstrom Bm- 3 CERTIFICATE AS TO CORPORATE PRINCIPAL Mike Levine j c~ tha~ ! am fl~ Se~ of the Corpor~ion ~cipM in ~e ~ ~; ~ Karen Diedrick who si~ ~f of ~e ~cip~ ~ ~ Re g i~nal Manager of ~d Co--on; si~, ~d ~ si~,~ h~o is ~; ~ ~ ~d ~ ~ ~ ~ ~ ~d ~ f~ ~d ~ ~ of s~d ~o~on by ~~ of i~ ~i~ ~. " STATE OF ~ lEX, aS ) COUNTY OFI[~i~ n~nnTS ) Befor~ mc, a N~ ~c ~y m~i~ ~ ~ ~a~ ~y ~ ~ Pierson W ~ w~l ~ ~o ~g ~ ~ ~ d~y ~om ~ o~ ~ ~ he is ~ A~-~F~ ~r ~ Safeco In~r~ce C~y of ~~ ~ h~ ~ ~ ~ safeeo. ~nC, ~ ~ ~ f~ing ~ ~ ~ of~ Co~ ~ ~n in ~r f~ ~ ~, ~ CiW of~ ~ BIB- 4  POWER S A F E C O' OF A'I-I'ORNEY SAFECO INSURANCE COMPANY OF AMERIC, A GENERAL iNSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12665 ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ******TIMOTHY F. KELLY; ALLEN M. GELWICK; THOMAS L. NYGREN; ANGELA P. HYLE; JOAN BAGNALL; R. F. BOBO; MARY PIERSON; Houston, Texas******* its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WFTNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this CHRISTINE MEAD, SECRETARY 28th day of August 2002 MIKE MCGAVlCK, PRESIDENT CERTIFICATE Extract from the By-Laws of SA.gECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretery. and any Assistant Vice President appoint, ed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under ~ appropriate titles wflh authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the cgx~pany in Ihe course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or cm any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking.' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of AJlide V, Section 13 of the By4.aws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Cerl~ng that said power-of-attomey appointment is in full force and effect, the signature of the cerlJfying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Chdsfine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, am true and correct, and that both the By-Laws, the Resolution and the Power of Attomay are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation th~ &th dayof lqarch 2003 CHRISTINE MEAD, SECRETARY 2/01 ® A b'ademark of Corporation 08/28/2002 PDF BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: RE-ROOF THE PI~TfH, RANGE BID NUMBER: #(~q9-2511-03/CJD DATE: Before me, the undersigne~d authorityt, authorized to take acknowledgements personally appeared: ~ ~.~ ,~ ~~'{~ as an authorized representative of: //e~6t~' ~. ~c_~g,,~r L~..C'""?,D (hereinafter called the bidder)located at bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. CITY EMPLOYEE SIGNATtS~ DATE OF INSPECTION BSI- 1 INDUSTRIES INC. Gloria J. Hrovat Warranty Ccorclinator KOPPERS_ Via Fax 561-712.9917 April 11, 2003 Mutton Rool'in~q Corp. 7600 N,W. 74~Ave, Miami, FL 33166 Re: City of Boy~t~ Beach Pistol Range Boynton Beach, Florida To Whom it May Concern: This is to inform you Murton Roofing Corp. is a participant in the Irappers Professional Contractor's Program, and as suoh, is eligible to receive a Koppem Warranty on Koppers BuiR-Up Roofing Applications. The issuance of any Warranty is subject to Koppers on-the-job evaluation of the contractor's workmanship, compliance with Kopp®rs applicable specifications, terms and conditions and good roofing practices. Please call us at 800-~8-962.g if we ran be of any further assistance. Sincerely, Warranty Coordinator GJHfolp 04/11/2003 FRZ iO:2l [JOB .~0. 6619] ~]00]. KOPP~R$ BUILT-UP ROOFING WARRANTY KOPPUI~ INOU~TIR I.E.$ , urton ROOI~INI~ CORI~. ~CC~ 3110-F 4$th Street · West Palm Fickle, FI. 33407 * [561) 712-4533 - (561} 712-9917 Commercial Roofing Specialists April 1 t, 2003 City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynmn Beach, Florida 33425 Arm: Carol Doppler Re: Re-Roof of tl~ Pistol Range Bid No. 039-25 t !-03/CID De~r Ms. Dol~lcr. As requ~l~d, enclosed pleas~ fred the following: 1. Statement of No Subcontracts. 2. Koppers Industries Sample Warranty. 3. Lettcr from Koppers Irtdustrics c~rtifying that Mutton Roofing Corp. is an approved ~plicator. If you should requir~ any additional information, ptease do not h~sitate to contact me. Sincerely, MURTON ROOFING CORP. Miami Office: 7600 N.W. 74th Avenue · Miami, FI. 33166 · (305) 592-53~5 · Fax (305) 592-6721 , url:on ROOFING CORla, 31 !,3-F 45th .gr, e~t. West Palm BeaclL FL 3340?, (561) 712-~$3} · ($61'~ ?t2.9917 Commercial Rtrofing Specialists April ll,2003 City of Boynton Beach Procurement Services t O0 E. Boyntoa Beach Boulcvard Boynton Be,~tL Florid~ 33425 Arm: Carol Doppler Re-Roof of th~ Pistol Range Bid No. 039-2511-03/CID STATE, MRNT OF NO SUBCONTRACTORS This shall confum thai Mm'ton Roofing Corp. will ~rform rite re-rootln$ of the abovc referenced project with it's own workfome. No portion of. the roofing work will b~ su~ontracled. If you should require any additional information, please do not hesitate to contact me. Sincerely, ,~amn Diedrick P,~gional Mam$~ State of Flork~ County of Palm Beach Sworn and mbscailmd before me this 11u' . day of ~.mil ,2003 by Karen Dic~lrick . who is personally known to me to be the Reaioml Msna~¢r of Mutton ~ located at ~ 110-F 45~ Street, We~. Palm B__,rach, Florida 93407. N0ta~' Miami Otticc: 7600 N.W. 74th Avenue · Miami, FL 33166 · (305) 592-5385 · Fax (305) 592-6721 AIA Document A305 Contractor's Qualification Statement 10811 EDITION This form is approved and recommended by the American Institute of Architects (AIA) and The Associated General Contractors o[ America (AGC) for use in evaluating the quali~cations of contractors. No endorsement of the submitting party or verification of the information o[ the information is made by the ALi or AGC. The Undemigned certifies under oath that the information provided herein ia tree and sufficiently complete so as not to b~ misleading. SUBMI~ED TO: A~RESS: SUBMI~ED BY: MURTON R~FI~ ~~ON JmES C. ~RTON A~RESS: 7~ ~ 74 A~NUE M~I ~ 331~ Corpora~ X Partnersh~ - Indi, ual - Joint Venture O~a' - PRI~iPAL O~ICE: ~E ~E OF ~OJECT ~ a~~): ~PE OF WO~ (~ se~ate form for ea~ C~ss~t~ ~ W~): GenerM ~s~ ~AC P~ ~r R~FI~ E~fical ease DOCUMENT A305 · CONTRACTORS QUALIFICATION STATEMENT · t~ EDITION · AiA ® - ~1986 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENI.r~ N.W., WASHINGTON,D.C.20006 A305-1986 t MURTON RCX3FING CORI:C~RATION ORGANIZATION 1.1 How many ye, ars has your organization been in business as a C,~~ 27 YEARS 1.2 How many yea~s has your organization been in busi~ under its present business name? 27 YEARS 121 Under what other or former names has your organization opamted? ' TECTA AMERICA--PARENT COMPANY 1.3 1.4 1:5 1.6 1.3.1 Date of incorpom~ APRIL, 1975 1.3.2 State of incoq3ora~: FLORIDA 1.3.3 Preside~'s name: JAMES C. MURTON 1.3.4 Vice-presider~s name(s): MtCHAEL I. LEVINE ff your organizatio~ is a partnemhip, ar~'wer the f~: 1.4.1 Date of organization: 1.4.2 Type of palb'lei'si'~ (ff al:~31icable): 1.4.3 Name(s) of general paine,s): 1.5.1 Date of organization: 1.5.2 Name of ~ CERTIFIED ROOFING CONTRACTOR- CC C026483- FLORIDA CERTIFIED GENERAL CONTRACTOR - CC C016607 - FLORIDA EXPERIENCE 3.1 List categodes of work that your organizatic~ normally pedorms with its own fome$. COMMERCIAL AND INDUSTRIAL ROOFING, SHEET METAL & WATERPROOFING 3.2 3.3 3.4 3.5 3.6 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has you orgar~zalion ever failed to c. xxnplete any work awarded to it? NO 3.2.2 3.2.3 Ne there any judgments, claims, arbitration proceedings or suite per~ling or outstanca~ agairm your orgar~atk)n or its ofrx:ers? NO 3.4.1 State total worth of wod( in progre~__t_ and under $8,762,554.00 3.5.1 State average armuai amount of ~ work perfamed during the past five years: $10,830,000.00 On a separate st-=~ list the ~ experience and present ccmnmibnents of l~e key irtdivick_m!_.s of your (xganizaliorc PLEASE SEE A'I'rACHMENT 3.6. AIA DOCUMEN~ A305 · CONTRACTOR'S ~I.IALIFICAT1ON STATEMENT · t986 EDITION THE AMERICAN INSTITUTE OF ARCHITECTS, t735 NEW YORK AVENUE, N.W., WASHINGTON,D.C.20006 A-~05-lS$& 3 4. REFERENCES 4.1 Trade References: BRADCO SUPPLY CORPORATION 5420 NORTH 59 STREET TAMPA FL 33610 (800)477-0501 CONTACT: CHRIS HOWARD LOCKTON INSURANCE AGENCY OF HOUSTON 5847 SAN FELIPE, SUITE 320 (713) 458-5228 CONTACT: PAM LIPSEY ABC SUPPLY, INC. 7575 NW 7 AVENUE MIAMI FL 33150 (305)751-8576 CONTACT: IRIS KINGSLEY 4.2 Bank References: COLONtA/. BANK 1201 BRICKELL AVE MIAMI FL 33131 CONTACT: RAUL VALDES FAUUI (305)358-3137 4.3 4.3.1 4.3.2 SAFECO INSURANCE CO OF AMERICA LOCK'[ON COMPANIES 5847 SAN FELIPE, SUITE 320 I-K)USTON, TX 77057 (713) 458-5243 CONTACT: MARY PIERSON FIHANCIHG 5.1 F~3ndai StatemenL 5.1.1 Attach a financial statemer~ preferably audited, induding yo~x orgaaizat~3ns Cunent Assets (e.g. cash, ~ venture accounts, accounts receivable, notes recehrable, accrued income, deposits, mateAals irwent(xy and prepaid expert, s: Other Assets: Cu~Tent Liabilities (e.g., accxxx~ payable, note payable, accrued expenses, pro, sion for income taxes, advances ~ salaries and accrued payroll taxes); ~ Liabilities (e.g., capital, capital stock, authoAzed and outstanding shales par values, earned suq31us and retained earnings). Alit DOCUMI~.I~Fi' A30,~ · COt4Ti~ACTOR'S ~UALIFICATION STATEM1Et'ft' ' t98~ EDitION · ALk ~ - Ot98~ TIlE AMERICAN IHSTITtYTE OF ARCHI'I'ECTS, t'/35 tq~""W YORK AV~'tqI. YK, N.W., WASHING~"ON,D.C.20006 A305-' 5.1.2. 5.1.3 Name and address of firm preparing attached tinancial ~tatement, and date thereof:. ARTHUR ANOERSEN, LLP, DENVER CO. is the attached financial statement for the idenlical organization named on page ooe? YES 5.2 5.1.4 If not, explain the relatiooship and flnandai respoo.sibility of the organizalion whose finandal statement is provided (e.g., pa'ent-subsidiary). Will the organization whose financial statement is attached act as guarantor of the coolract for coostmcti~? YES SIGNATURE 6.1 Dated at MIAMI, FLORIDA this DAY OF ,2002. Name of Organization: MURTON ROOFING CORPORATION JAMES C. MURTON PRESIDENT 6.2 MR. JAMES C. MURTON, PRESIDENT being duly sworn deposes and says that the informalio~ pro~led herein is tree and sufficie~'y complete so as noito be ~ Subsc~ ami sworn before me Il'is !~ Cemmi~ Expires: 2002. AIA DOCUMENT A36t - CONTRACTOR'S QUALIFICATION STATEMENT - t~86 EDITION THE AMERICAN II~ISTITUTE OF ARCHITECTS, tl~5 NEW YORK AVEI'/IIE, N.W., WASHINGTON,D.C.200(~ Alos-t~6 s / url:on ROOFING CORP. CCC026463 'I0-F 45th Street · West Palm Beach. FL 33407 · (561) 712-4533 · (561) 712-9917 Commercial Roofing Specialists' April 11, 2003 City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 RECEIVED Attn: Carol Doppler Re: Re-Roof of thc Pistol Range Bid No. 039-2511-03/CID Dear Ms. Doppler: As requested, enclosed please find the following: 1. Statement of No Subcontractors. 2. Koppers Industries Sample Warranty. 3. Letter from Koppcrs Industries certifying that Mutton Roofing Corp. is an approved applicator. If you should require any additional information, please do not hesitate to contact me. Sincerely, MURTON ROOFING CORP. / Regional Manager Enclosures Miami Office: 7600 N.W. 74th Avenue · Miami, FL 33166 · (305) 592-5385 · Fax (305) 592-6721 url:on ROOFING CORP. CCC026463 I I0-F 45th Street · West Palm Beach. FL 33407 · (561) 712-4533 · (561) 712-9917 Commercial Roofing Specialists April 11, 2003 City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 Attn: Carol Doppler Re-Roof of the Pistol Range Bid No. 039-2511-03/CID STATEMENT OF NO SUBCONTRACTORS This shall confirm that Mutton Roofing Corp. will perform the re-roofing of the above referenced project with it's own workforce. No portion of the roofing work will be subcontracted. If you should require any additional information, please do not hesitate to contact me. Sincerely, ,~ are. n D.'~ ,drick Regional Manager State of Florida County of Palm Beach Swom and subscribed before me this 11th day of April ,2003 by Diedrick , who is personally known to me to be the Regional Manager of Roofing Corp. , located at 3110-F 45t~ Street, West Palm Beach, Florida Notary Publ: maren Murton 33407. Miami Office: 7600 N.W. 74th Avenue · Miami, FL 33166 · (305) 592-5385 · Fax (305) 592-6721 KOPPER$ BUILT-UP ROOFING WARRANTY KOPPERS INDUSTRI ES Pit.burgh, Pef~nsyNania EffiK~ve Dam Gloria J. Hrovat Warranty Coordinator (412) 227-2257 KOPPERS _ Kopl;m~l Inf.. ¢omme~clal Roofing 436 Seventh Avenue Pi~burgh, PA 15219-1 BOO Tel 800 ~8 9629 F~x 412 227 2002 ~,k~s.com Via Fax 561-712-9917 April 11,2003 Mutton Roofin,~ CorP. 7600 N.W. 74"' Ave. Miami, FL 33166 Re: City of Boynton Beach Pistol Range Boynton Beach, Florida To Whom it May Concern: This is to inform you Murton Roofing Corp. is a participant in the Koppers Professional Contractor's Program, and as such, is eligible to receive a Koppers Warranty on Koppers Built-Up Roofing Applications. The issuance of any Warranty is subject to Koppers on-the-job evaluation of the contractor's workmanship, compliance with Koppers applicable specifications, terms and conditions and good roofing practices. Please call us at 800-468-9629 if we can be of any further assistance. Sincerely, Warranty Coordinator GJH/blp 04/11/2003 FRI 10:21 [JOB NO. 6619] ~001 BID NAME: RE-ROOF THE PISTOL RANGE LOCATED AT 3501 N. CONGRESS AVENUE BID NUMBER: 039-2511-03/CJD COMMISSION AGENDA: MAY 6, 2003 BROADCAST LIST: 1,442 VENDORS - DEMANDSTAR 14 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 24 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-IE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 5 VENDORS BIDS REPRESENT THE NUMBER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDOR3 THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. BROADCAST LIST FROM PROCUREMENT SERVICES DATABASE. Planholders List - DemandStar by Onvia Page I of 2 Planholders List Member Name Bid Number Bid Name Number of Documents for this bid City of Boynton Beach NTC-039-2511-03/C3D-0-2003/CD RE-ROOF THE PISTOL RANGE LOCATED AT: 3501 NORTH CONGRESS AVENUE, BOYNTON BEACH, FLORIDA 33436 (Not Including Plans) 24 Planholder(s) found. supplier Name Constructionjournal.com Omega Contracting Inc WEIDENER SURVEYING AND HAPPING PA Hutton Roofing Advanced Roofing, Inc. National Roofing/south Florida, Inc. A-Herrmann Associates Inc Dba Associates Roofing M & L Roofing ALPHA SOUTH CONSTRUCT[ON Amnat of Flordia LLC. ROOF SERVICES INC. dba BEST ROOFING Gulfside Supply, Inc. Weiss & Woolrich Southern Enterprises, Inc. Southern Coast Enterprises [nc. Freedom Flag & Banner Co. Phone Fax (800) 785- (800) 581- 5165 7204 (954) 941- (954) 946- 9900 8693 (407) 426- 8339 (305) 592- 5385 (954) 522- 6868 (954) 523- 2268 (954) 921- 4096 (561) 736- 7211 (954) 914- 1327 (800) 864; 1009 (954) 941- 9111 (813) 636- 9808 (954) 419- 9339 954-426- 3312 305-981- 9996 (407) 426- 8349 (305) 592- 6721 (954) 566- 2967 (954) 523- 6936 (954) 921- 1371 (561) 736- 1977 (954) 561- 0799 (727) 538- 9142 (954) 941- 7447 (813) 636- 9220 (954) 419- 9336 954-426- 5430 305-981- 9929 Doc Attributes Actions Count Documents 1. Small Business 2. Woman Owned 1. Hispanic Owned 2. Small Business 3. Woman Owned 1. African American Owned 2. Small Business 1. Small Business 1. Woman Owned 1. Small Business 2. Woman Owned Documents Documents Documents Documents Documents Documents _Do~_cu_m_ e_o_t$ Documents Documents Documents Documents Documents Documents Documents http://www~demandstar~c~m~uyer~ids/P~anh~der-List~asp?F=search&-PU=%2Fbuyer%~ 4/11/2003 Planholders List - DemandStar by Onvia Page 2 of 2 Tic Toc B.K. Embick Roofing Inc Construction Bulletin / www.cbids.com Three D Promotions, Inc. CDC Weather Guard Industries, Inc. CGR Construction Hi - Tech Roofing, Inc. Master Contractors 214-259- 3100 9549429614 904-388- 0336 407-831- 2463 772-567- 4141 954-563- 6200 (954) 680- 7878 (561) 586- 3110 (561) 712- 8898 214-259- 3050 9547821776 904-388- 0109 407-831- 0387 772-562- 9146 954-563- 6277 (954) 680- 6166 (561) 586- 5198 (561) 720- 8895 1 1 1 1 1 1 1. Small Business 1. Small Business 2. Woman Owned Documents Documents D__o_~u___n3 _e_~ ~_s Documents Docu men~;.s_ Docu m_enl;_s Documents ~ t as 9F search& PU %2Fbuyer% 4/! 1/2003 http://ww w.demandstar.com/buyer/bids/Planh°lder-L' s ' p' = - = '" NAME OF BID: ADVANCED RooFING, INC. 4345 N.E. 12'm TERRACE FT. LAUDERDALE, FL 33334 ~ COATINGS APPLICATION & WATERPROOFING 5125 N. 2~v STREET ST. LOUIS, MO 6314'7 M & L ROOFING 630 INDUSTRIAL AVENUE BoYNTON BEACH, FL 33426 MASTER cONTRACTORS, INC. 7602 KINGSLEY coURT LAKE WORTH, FL 33467 PREVENTIVE MAINTENANCE SUPPORT SERVICES, INC. 162 N.W. 24m STREET, #16 ~OCA RATON, FL 33431 SECURITY ROOFING sYSTEMS, INC. 4361 pETERS ROAD PLANTATION, FL 33317 %ouTHERN COAST ENTERPRISES, INC. D73 N.W. Is'r STREET -34~1 EERFIELD BEACH, FL 33a'~ t ,,RE. ROOF THE PISTOL RANGE, LOCATED AT 3501 N. cONGRESS AVENUE", BID #: 039.2511-03/CJD BROADCAST LIST - 14 VENDORS (PROCUREMENT DATABASE) '-'---- ALL BROWARD HURRICANE 450 W. MCNAB ROAD HI-TECH ROOFING & SHEETMETAL, INC. 514 EASTCOAST STREET MARSHALL CONSTRUCTION 7326 SEABREEZE DRIVE PACE ROOFING, INC. 4447 BROADWAY STREET INC. 3380 N. OLD DIXIE HIGHWAY DELRAY BEACH, FL 33483 SELECT coNTRACTING, INC. 1751 w. ~o~ STREET TRAINS COASTAL CONSTRUCTION 1425 WILKINS AVENUE V.-CONSENT AGENDA CITY OF BOYNTON BEACI ITEM B.3. AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May20,2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to CiW Clerk's Office March 17, 2003CNoon.) [] June 2, 2003 March 31,2003(Noon) [] June 17,2003 Apfill4,2003(Noon) [] July 1,2003 May 5,2003(Noon) [] July 15,2003 May 19, 2003(Noon) June 2, 2003(Noon) June 16, 2003(Noon) June 30,2003(Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to award the "DESIGN AND CONSTRUCTION ADMINISTRATION S~i~VI~. FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH'-,: RFP# 019-2413-03/KR to: SYSTECH GROUP, INC. of Reston, Va. in the amount of: $14,400.00 per year. Total cost over a five (5) year period is: $72,000.00. EXPLANATION: On January 28, 2003, Procurement Services opened six (6) proposals for the Design and Construction Administration Services for Fire Alarm System Upgrades and Replacements for the City of Boynton Beach. The proposals have been reviewed and it was determined that Systech Group, Inc. was the lowest, most responsive, responsible proposer who met all requirements. Jeffrey Livergood, Public Works Director concurs with this recommendation (see memo #03-059). PROGRAM IMPACT: The purpose of this RFP was to seek an engineer to provide design services for a program to upgrade or replace the fire alarm system in twenty (20) existing city buildings over a five (5) year period. All systems will be upgraded or replaced with a standard manufacturer and equipment level. FISCAL IMPACT: BUDGET ACCOUNT# CIP 302-4101-580-62.01 Project #(CPO203) Deputy Director of Financial Services Procurement Services Department Name BUDGETED AMOUNT: $140,000.00 (5 year period) City Manager's Signature City Attorney / Finance / Human Resources SSBULLETIN~ORMS~a, GENDA ITEM REQUEST FORM.DOC C: JeffLivergood- Director of Public Works Richard Fiege - Facilities Management Supervisor File RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AWARD OF AN RFP FOR THE "DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON BEACH", RFP #019-2413-03/KR, TO SYSTECH GROUP, INC., IN THE AMOUNT OF $72,000.00; AUTHORIZING EXECUTION OF THE CONTRACT, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 28, 2003, Procurement Services received and opened six (6) proposals for the Design and construction Administration Services for Fire alarm System Upgrades and Replacements for the City of Boynton Beach, and alter review and it was determined by staff that Systech Group, Inc., was overall the lowest, responsive, responsible proposer who meets all specifications; and WHEREAS, the City Commission, upon recommendation of staff, deems it to be the best interests of the citizens and residents of the City of Boynton Beach, to award RFP (#019-2413-03/KR) and enter into an agreement between the City of Boynton leach and Systech Group, Inc., in the amount of $72,000.00. NOW, THEREFORE, BE IT RESOLVED BY TIIE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing-"Whereas" clauses are hereby ratified and confirmed as tree and correct and are hereby made a specific part of this Resolution upon adoption Section 2. of The City Commission of the City of Boynton Beach, Florida, upon staff, hereby approves the award of an RFP for "Design and :\CA\RESO~greements\Bid Awards~qFP Award - Systech Group.doc Construction Administration Services for Fire Alarm System Upgrades and Replacement for the City of Boynton Beach", RFP #019-2413-03/KR, to Systech Group, Inc., in the mount of $72,000.00; authorizing the City Manager to execute a contract, a copy of which is attached hereto. Section 2. That this Resolution shall become effective immediately. PASSED AND ADOPTED THIS ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk ;:\CA\RESO~Agreements\Bid Awards~,FP Award - Systech Group.doc SAMPLE CONSULTANT AGREEMENT FORM DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM UPGRADES AND REPLACEMENTS THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and SYSTECH GROUP~ INC., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS FOR THE CITY OF BOYNTON o BEACH. SCOPE OF SERVICES. Consultant agrees to perform the services, identified in the Request for Proposal documents and specifications. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement over a five-year period, from the date written notice is given to procee,_d, unless an extension of such time is gr~ted~ in writing by the City. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this agreement as follows: Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $72~000.00 without express written modification of the agreement signed by the City. bo The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Co Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. do Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. eo The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a pe.riod of three (3) years after final payments. Copies shall be made available upon request. CA-I o OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the am'Ounl~ of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. INDEPENDENT CONSULTANT. The Consultant and the City agree that the Consultant is an independent Consultant with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, girls, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. CA-2 11. DISCRIMINATION PROHIBITED. THE CONSULTANT, WITH REGARD TO THE WORK PERFORMED BY IT UNDER TH~S AGREEMENT, WII ~l. NOT DISCRIMINATE ON THE GROUNDS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, CREED, AGE, SEX OR THE PRESENCE OF ANY PHYSICAL OR SENSORY HANDICAP IN THE SEI.ECTION AND RETENTION OF EMPLOYEES OR PROCUREMENT OF MATERIALS OR SUPPLIES. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. WAIVER BY THE CITY OF ANY PROVISION OF THIS AGREEMENT OR ANY TIME LIMITATION PROVIDED FOR IN TI--I/S AGREEMENT SHAI.IJ NOT CONSTITUTE A WAIVER OF ANY OTHER PROVISION. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under-the terms of this agreement, if requested ro so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Attn: Jeff Livergood Notices to Consultant shall be sent to the following address: SYSTECH GROUP, INC: 11260 Roger Bacon Drivel Suite 501 Reston~ VA 20190 CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this ~ day of ,20__ CITY OF BOYNTON BEACH SYSTECH GROUP, INC. City Manager Consultant Attest/Authenticated: Title City Clerk (Corporate Seal) Approved as to Form: Attest/Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 TO: VIA: FROM: DATE: SUBJECT: DEPARTMENT OF PUBLIC WORKS Memorandum No. 03-059 Bill Atldns, Deputy Finance Director / Procurement Jeffrey R. Livergood, Public Works Director,~/?l" Christine Roberts, Assistant Public Works Director ~ Richard A. Fiege, Facilities Management Supervisor April 9, 2003 Design and Construction Administration Services for Fire Alarm System Upgrades and Replacements Bid Award Bid #039-2511-03/CJD RECEIVED I have reviewed the bids submitted and have found that Systech Group, Inc. (11260 Roger Bacon Drive, Suite 501, Reston, VA 20190) to be the most responsive, low bidder; therefore, I would recommend awarding them the bid for their total quoted price of $72,000 over a five-year period. Funding for this bid is in the CIP Account Number of 302-4101-580-62.01 / Project #CP0203 over a 5-year period. Should you need any additional information, please contact me at Ext. 6020. PL/RAF/pl Attachment Copy: PW Files rn rn 0 rn 333333 m -n "n -<'il ~00 --I- · .c.~ ~ 'DO o I----I Z>  -- ~ Z~ Z m 0 z ~ ~ ~ ~ Z z ~ z ~m ~ ~ 0 0 ~ ~ ~ ~ z z . ~ · 0 z m m~ z o o m m m~ ~z Z b o ~ - m ~ ~ mB~ ~z ~ 0 0 o o >oo o ~mo ~ m~ Z - m z Z ~ m z o oo ~ m ~ ~ Z 0 O0 ~ - mo~ ~:~ · 'n-nm -~ '1'1 -o'~-o ~/~ .~ · =00 -I" o-.-. mo rn .. oC o I"-I ITl RFP NAME: DESIGN & CONSTRUCTION SERVICES FOR FIRE ALARM SYSTEM UPGRADES & REPLACEMENTS RFP NUMBER: 019-2413-03/KR COMMISSION AGENDA: MAY 6, 2003 BROADCAST LIST: 1,150 VENDORS - DEMANDSTAR 0 VENDORS - PROCUREMENT DATABASE BROADCAST LIST REPRESENTS VENDORS THAT WERE NOTIFIED OF THE BID OPPORTUNITY BY HAVING MEMBERSHIP IN DEMANDSTAR, OR COMPLETING A CITY VENDOR APPLICATION. PLANHOLDERS: 27 VENDORS PLANHOLDERS ARE VENDORS THAT OBTAINED A COPY OF TI-IE BID DOCUMENTS EITHER BY DOWNLOADING FROM DEMANDSTAR, OR RECEIVED FROM PROCUREMENT SERVICES. BIDS: 6 VENDORS BIDS REPRESENT THE ~ER OF PLANHOLDERS THAT ACTUALLY SUBMITTED BID PROPOSALS. ATTACHMENTS: PLANHOLDER LIST FROM DEMANDSTAR SHOWING VENDORS THAT OBTAINED A COPY OF THE BID DOCUMENTS. THIS IS AN ALL INCLUSIVE LIST...INCLUDING THOSE VENDORS NOTIFIED BY THE CITY. NOTE: THERE IS NO BROADCAST LIST FROM THE PROCUREMENT DATABASE AVAILABLE FOR THIS BID. II Planholders List - DemandStar by Onvia Page 1 of 2 Planholders List Member Name Bid Number Bid Name Number of Documents for this bid City of Boynton Beach RFP-019- 2413-03/KR-0-2003/kr DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR FIRE ALARM SYSTEM UPGRADES AND REPLACEMENTS 3 (Not Including Plans) 32 Planholder(s) found. Supplier Name DemandStar Quality Assurance Team Hughes Associates, Inc. Teco Bga Smith Seckman Reid, Inc. Aneco Communication 8, Data Services HANSON PROFESSIONAL SERVICES INC. G. M. Selby & Associates, Inc. A-1 Fire Equipment Sequil Corp PB Power Inc. Standrod Engineering, P.A. DeRose & Slopey Consulting Engineers, Inc. Systech Group, Inc. All State Communication Services Wayne Automatic Fire Sprinklers Siemens Fire Safety Phone (800) 711- 1712 (407) 647- 3737 (813) 375- 3417 (954) 421- 1260 (727) 447- 2556 (407) 622- 2050 (305) 666- 5775 (800) 383- 0477 5614879965 212 613- 8886 5617465800 (954) 942- 7703 (703) 759- 9600 (954) 236- 4605 (407) 447- 2453 (954) 430- Fax Doc A~ributes Actions Count (206) 373- 9610 (407) 647- 4929 (813) 375- 3437 (954) 421- 1466 (727) 446- 6409 (407) 622- 2051 (305) 666- 5514 (305) 573- 1569 5614877965 212 613- 8888 5617465517 (954) 942- 7933 (703) 759- 3813 (954) 964- 4533 (407) 839- 3880 (954) 430- 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 1. African American Owned 2. Asian/Hawaiian Owned 3. Hispanic Owned 4. Small Business 5. Woman Owned 1. Small Business 2. Woman Owned Documents Documents Documents Documents Documents Documents Documents Documents Documents Documents O__o_c_u_~ e Documents Documents Documents Documents Documents http://www~demandstar~c~m/buyer/bids/P~anh~~der-List~asp?F=search&-PU=%2Fbuyer%~~~ 4/11/2003 Planholders List - DemandStar by Onvia Page 2 of 2 Garrison Electrical Consultants, Inc. CSA Group Gage-Babcock & Associates, Inc. Advanced Alarm Service, Inc. TLC Engineering McDonald Engineering Corp. Constructionjou rnal.com Gage-Babcock & Associates, Inc. PIPER FIRE PROTECTION INC Construction Bulletin / www.cbids.com Construction Engineering Group, LLC Advanced Engineering Systems Guardian International, Inc. Quality Communications Of Florida Inc. Avcon, Inc. Nutech Fire and Security 7767 (772) 468- 5981 305-461- 5484 (678) 280- 6000 (561) 833- 7099 (954) 463- 8050 (561) 625- 6640 (800) 785- 5165 678-280- 6000 7275819339 904-388- 0336 321-253- 1221 813-621- 7131 954-926- 5200 (954) 584- 4111 (407) 599- 1122 (407) 629- 7200 7552 (772) 468- 5930 305-461- 5494 (678) 280- 6006 (561) 833- 1907 (954) 463- 1555 (561) 625- 6645 (800) 581- 7204 678-280- 6006 9413650936 904-388- 0109 321-253- 3123 813-621- 8894 954-926- 1809 (954) 584- 7940 (407) 599- 1133 (407) 628- 9959 3 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 1. Small Business 1. Woman Owned Documents Documents Documents _D_o_c_u~m e_n]:~ Documents Documents Documents Documents Documents Documents Documents Documents Documents http://www.demandstar.~~m/buyer/bids/P~anh~~der-List.asp?F~search&-PU=%2Fbuyer%... 4/11/2003 Requested City Commission Meeting Dates [] April 1, 2003 [] April 1 S, 2003 [] May 6, 2003 [] May 20,2003 NATURE OF AGENDA ITEM V.-CONSENT AGENDA ITEM B.4. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Date Final Form Must be Turned in to City Clerk's Office Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) .. 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) ~ May 5, ~ rrlo [] Adminislxative [] Legal r~ :'5:,' [] Announcement [] New Business ::~ ~"~-~ [] City Manager's Report [] Presentation O '~ [] Consent Agenda [] Public Hearing eon [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: A motion to rescind the award for "SENIOR CENTER EXERCISE ROOM" Bid #056-2413- 02/CJD to MASON CONSTRUCTION in the amount of $24,682.50. EXPLANATION: On July 2, 2002, the City Commission awarded the bid for "SENIOR CENTER EXERCISE ROOM" to Mason Construction in the amount of $24,682.50. A Forrest Lattner Foundation Grant in the amount of $48,900 was the fund source for this project. On July 17, 2002, subsequent to the bid award, the City was notified that it would be receiving additional funding from the Forrest Lattner Foundation in the amount of $50,000.00 for the "EXPANSION OF THE SENIOR CENTER". Engineering Department immediately notified Mason Construction that the "SENIOR CENTER EXERCISE ROOM" was to be placed on hold. Although both parties had signed the contract, no "Notice To Proceed" was ever issued. In addition, Mason Construction submitted insurance with the City identified as the additional insured...but it was not adequate coverage. Engineering Department submitted a written "Request For Waiver" to the Risk Management Department that asked for a reduction in insurance requirements due to the low dollar value of this job. Risk Management denied the request on July 26, 2002 by stating the size of the project does not determine the insurance requirements, but rather the risks involved determine the insurance requirements for the project. At this date the required insurance to perform the work has not been received by Risk Management. The plans for the "EXPANSION OF THE SENIOR CENTER" include a new computer lab for expanded classroom opportunities, a hallway, and two (2) small offices for staff. This is in addition to the exercise room as originally planned. Some provisions of the expanded plans for the Senior Center caused direct conflict with the plans for the exercise room (i.e., such as a larger HVAC system covering expanded area). Therefore, Staff recommends it would be in the City's best interest to rescind the bid awarded to Mason Construction and move forward with a comprehensive bid for the expansion to the Senior Center based on the total $98,900 funding from the Forrest Lattner Foundation. 'A certified letter dated March 12, 2003 was sent to Mason Construction providing an explanation for the need to rescind the bid award, and notified the contractor of an opportunity to bid for the expanded construction to the Senior Center. S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: The purpose of this rescission will be in the best interest of the City. It will provide the opportunity to solicit a bid for the expanded construction to the Senior Center, enabling the senior citizens to enjoy a larger Senior Center that will include an exercise room, a new computer lab for expanded classroom opportunities, a hallway, and two (2) small offices for staff. FISCAL IMPACT: The Forrest Lattner Foundation has provided the City two (2) grants totaling $98,900 for expansion of the Senior Center. ALTERNATIVES: To stay with the existing proposal from Mason Construction for the exercise room, and bid out the expanded plans for the computer lab, hallway, and two (2) small offices for staff. This would tend to increase costs due to the smaller scale projects; cause conflict with the requirements of the HVAC system; and be more disruptive to the Senior Center programs and patrons. Deputy Director of Financial S/rvice~ ~/- Procurement Services Department Name City Manager's Signature - City ~fft~ / Finafice / Haman Resources David Kelley- Engineering Wally Majors - Recreation File S:XBULLETIN~ORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R 03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING RESOLUTION NO. 02-100, THEREBY RESCINDING THE AWARD OF BID (NO. 056-25413-01/CJD) TO MASON CONSTRUCTION OF BOYNTON BEACH, FLORIDA, IN THE AMOUNT OF $24,682.50 FOR THE EXPANSION OF THE SENIOR CENTER; AND PROVIDING AN EFFECTIVE DATE. WItEREAS, on July 2, 2002, by Resolution No. 02-100, the City Commission awarded the bid for "Senior Center Exercise Room" to Mason Construction in the amount of $24,682.50, which amount was to be funded by a Forrest Latmer Foundation Grant; and WHEREAS, subsequent to the bid award, the City received notification that an additional grant amount of $50,000 was available for further expansion of the Senior Center, which information was relayed to Mason Construction. The project was put on and no Notice to Proceed was issued; and WHEREAS, the plans for the expansion of the senior center now include a new ~uter lab and additional office space as well as the exercise room originally planned, 5taft recommends that this Bid be rescinded and a new comprehensive bid for the >ansion to the Senior Center, based on the total $98,900 funding from the Forrest Foundation move forward. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: l:\CA\RESO~Agreements\Bid Awards\Rescinding Bid - Mason Construction.doc Section 1.. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby rescinds Resolution No. R02-100, thereby rescinding the award of bid to Mason Construction in the amount of $24,682.50 for the Senior Center. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED THIS ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: City Clerk 5:\CA\RESO~greements\Bid Awards\Rescinding Bid - Mason Construction.doc RECEIVED F~B ! 1 2003 DEPARTMENT OF PUBLIC Wl~EME"* sEawcEs ENGINEERING DIVISION - MEMORANDUM NO. 03-022 TO: FROM: DATE: RE: Bill Atkins, Deputy Director Finance/Purchasing Agent Bill DeBeck, Project Manager ~ February 7, 2003 Senior Center Exercise Room Please cancel the original bid #056-2413-02/CJD and the award of the contract to Mason Construction. The Recreation Department received additional funding and wishes to do more work in the expansion of interior work through a new bid. The new contract will exceed an amount that could be considered as a change order to the original contract amount. WMD/ck S:\Engineering\Csd\DeBeckLSenior Center ExpansionhMemo to B. Atlins 2-7-03 - re Cancel Orig. Bid.doc RECREATION DEPARTMENT MEMORANDUM NO. 03-13 TO: FROM: DATE: SUBJECT: Bill Atkins, Deputy Director of Financial Services Wally Majors, Recreation & Parks Director February 12, 2003 Senior Center Exercise Room On June 15, 2001 the Fon'est C. Lattner Foundation awarded the City $48,900 to be used "for the Exercise Room at the Senior Center". We requested the City's Engineering Department to design, plan and construct the Exercise Room at the Senior Center. At the City Commission meeting of July 2, 2002, the "Senior Center Exercise Room", Bid #056-2413-02/CJD was awarded to Mason Construction, Inc. in the amount of $24,682.50. In February 2002, we submitted a second proposal to the Lattner Foundation for general support for the Senior Center, listing several areas of the facility needing renovations. On July 17, 2002 we received the award letter with $50,000 for "general support of the expansion of the Senior Center". Our plans included the construction of a new Computer Lab for expanded classroom opportunities, a hallway into phase II, and two small offices for staff. We again engaged the Engineering Department to design, plan and construct the additional features using the second award. Around this time it was determined that elements of these two projects were interrelated. This included building a hallway that would provide access to rooms being added as part of both projects, and modifications/additions to the heating/air conditioning system. It was apparent that it would be more cost effective, and cause less disruption to Senior Center programs and patrons if the two projects were combined c. Wilfred Hawkins /WlTI The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulemrd P. O. Box $10 Boynton Beach, Florida $3425-0510 Telephone: (561) 742-6320 FAX: (561) 742-6506 Certified Mail #7099-3400-0002-2538-1779 March 12, 2003 MASON CONSTRUCTION 3804 JOHNATHAN'S WAY BOYNTON BEACH, FL 33436 ATTN: KAREN MASON RE: BID: "SENIOR CENTER EXERCISE ROOM", BID #056-2413-02/CJD Dear Mrs. Mason: On July 2, 2002, the City Commission awarded the bid for the Project known as "SENIOR CENTER EXERCISE ROOM" to your company in the amount of $24,682.50. This Project was being funded by a Forrest Lattner Foundation grant that the City had received for the express purpose of creating an exercise room at our Senior Center. Subsequent to this initial award Bill DeBeck, Project Manager, sent you correspondence dated August 6, 2002, indicating that the Project was being placed on hold and that a "Notice To Proceed" would not be imminent, as the City was notified on July 17, 2002, that it would be receiving a second grant from the Forrest Lattner Foundation in the amount of $50,000.00 for the "EXPANSION OF THE SENIOR CENTER". Since the plans for the "EXPANSION OF THE SENIOR CENTER" substantially conflict with the initial plans for the exercise room, City staff will recommend that the City rescind the bid award to Mason Construction and place the new, expanded Project out for bid. The revised plans were originally to be reviewed for consideration as a change order, but it has been determined that the revised plans are too matedal of a change to the initial scope of work, and therefore, a change order is not appropriate under the procurement rules of the City. Therefore, the City Commission will consider rescinding the bid for the "SENIOR CENTER EXERCISE ROOM" at its April 1, 2003, City Commission meeting. Upon approval of the City Commission, we will move forward with the new bid reflecting the revised and expanded scope of work. Mason Construction March 12, 2003 Page 2 The City appreciates your willingness to work with the City to assure that a final Project is constructed, which is in the best interests of and will produce the most benefit for the citizens of the City of Boynton Beach. We encourage you to participate in the upcoming competitive bid process for the revised Project expected in Apdl 2003, and in future Projects within the expertise of Mason Construction. Should you have any questions, please do not hesitate to contact me. Sincerely Bill M. Atkins Deputy Director of Financial Services H~ David Kelley, Jr. - Director of Engineering Wally Majors - Recreation Director James Cherof - City Attomey · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on th.e front if space permits. 1. Article Addressed to: Mason Construction 3804 Johnathan's Way .Boynton Beach, FL 33436 Attn: Karen Mason · Is deti{,ery address different from item 1~)' "J~]'Yes~,' ' i If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mail [] Registered [] Insured Mail Express Mail Return Receipt for Merchandise C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Copy from service label) 7099 3400 0002 2538 [779 PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M.1789 Requested City Commission Meetina Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May20,2003 V.-CONSENT AGEN DA ITEl4 C.:t. CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31, 2003 {Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June 2, 2003 [] June 17,2003 [] July 1,2003 [] July 15, 2003 Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) June 2, 2003 June 16, 2003 (Noon) June 30, 2003 (Noon} NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorization to execute by Resolution, Task Order No. 14, Amendment No. 1 in the amount of $246,579.00 to CH2M Hill, Inc. for the professional design, permitting, bidding, construction phase and resident observation services for NE 17th Avenue Drainage Improvements and Water Main Replacement Project. EXPLANATION: On June 18, 2002, the Commission approved Task Order No. 14 authorizing CH2M Hill, Inc. to complete the design for Phase 1 of this project that consisted of surveying and geotechnical data collection, runoff modeling, preparation of a preliminary design, and to conduct a preliminary meeting with the South Florida Water Management District (SFWMD) to present the project and discuss permitting requirements. In addition, CH2M Hill prepared a Preliminary Design Memorandum outlining the design elements and the technical specifications / standards that form the basis of the detailed design as well as an estimate of probable construction cost. Task Order No. 14, Phase 1, is now 100% complete; completed in accordance with the approved schedule and within the funding limit. S:\BULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Originally, Phase 2, for the detailed design and permitting was going to be delivered as a design/build project. However, CH2M Hill has established an excellent working relationship with the City and is prepared to move the project forward as a traditional bid/build. This will allow the City to maintain the momentum gained during Phase 1 and allow the City to fulfill its commitment to this area's residents in a timely manner. The site area has been plagued by stormwater and water main problems for many years and we felt it was imperative to design and implement the solution quickly. Professional services covered in this task order include complete design, permitting, bidding, and construction phase services throughout a projected 270 day construction period (Notice To Proceed through Substantial Completion), Final Acceptance and project closeout. This project is necessary to effect stormwater improvements (exffitration systems and swale development) in the basin area of NE 19th Avenue to the north, NE 2nd Lane to the east, NE 16th Court to the south, and Seacrest Boulevard to the west. The proposed drainage improvements will alleviate potential property damage and eliminate property owner complaints regarding flooding during rain events. In addition, this project will include the replacement of existing asbestos water mains with cement lined ductile iron pipe and provide code compliant fire protection coverage in the site area. PROGRAM IMPACT: The proposed stormwater improvements will enhance drainage in the site area and reduce the threat of property damage from rain events; the system has been designed to address the Level Of Service (LOS) established by the City in our 1992 Stormwater Master Plan (with 1998 update). The water system pipe replacement using cement lined ductile iron will provide longer system life, higher flow rates and quality. The approximate quantities for the detailed design and implementation of this project are: 8" Ductile Iron Pipe Fire Hydrant Assemblies Water Service Connections (one to each home) Asphalt Overlay HDPE Exf'dtration Pipe FDOT Inlets 8,500 linear feet 25 375 24,000 sq. yds. 3,300 linear feet 55 FISCAL IMPACT: Funds are available in the following accounts: Stormwater Renewal & Replacement Water Mains Renewal & Replacement 407-5000-590-96.07 STM018 407-5000-590-96.02 WTRll0 S:\BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Given the urgent nature of the re-current flooding and the water quality / flow complaints, there is no alternative. Assistant City Manager Utilities Department Name Kurt Bressner City Manager City Attorney / Finance / Human Resources Dale Sugerman, Assistant City Manager Paul Fleming, Sr. Project Manager Mark Law, Deputy Utilities Director Bob Kenyon, Deputy Utilities Director Barb Conboy, Utilities Administration Manager S:'~BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO 1 TO TASK ORDER NO. 14 TO CH2M HILL, INC., IN THE AMOUNT OF $246,579.00 FOR THE PROFESSIONAL DESIGN, PERMITTING, BIDDING, CONSTRUCTION PHASE AND RESIDENT OBSERVATION SERVICES FOR NE 17m AVENUE DRAINAGE IMPROVEMENTS AND WATER MAIN REPLACEMENT PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 18, 2002, the City Commission approved Task Order 14, authorizing CH2M Hill Inc., to complete the design for Phase 1 of this project, that consisted of surveying and geotechnical data collection, runoff modeling, preparation of a preliminary design, and to conduct a preliminary meeting with the SFWMD to present the project and discuss permitting requirements; and WHEREAS, in addition, CH2M Hill prepared a Preliminary Design Memorandum outlining the design elements and the technical specifications/standards that form the basis of the detailed design as well as an estimate of probable construction cost; and WHEREAS, Task Order No. 14 is now 100% complete in accordance with the approved schedule and within the funding limit; and WHEREAS, professional services covered in this amendment to Task Order No. 14 include complete design, permitting, bidding, and construction phase services throughout a ected 270 day construction period, Final Acceptance and project closeout. WHEREAS, the City Commission, upon staff's recommendation, has deemed it and in the best interests of the public, to approve this amendment to Task Order 14 for CH2M Hill., for the professional design, permitting, bidding, construction phase and resident observation services for NE 17th Avenue Drainage Improvements and Water Main Replacement Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: $:\CA\RESO~Agre~,mmats~Task - Change Orders~CH2M Hill Task order - Amd to 14.doc Section 1.. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of Amendment No. 1 to Task Order 14 for CH2M Hill, in the amount of $246,579.00 for professional design, permitting, bidding, construction phase and resident observation services for NE 17th Avenue Drainage Improvements and Water Main Replacement Project. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\RESO'~Agreeme~ts\Task - Change Ord~'s\CH2M Hill Tasl( order' - Am~ to 14.doc Task Order No. 14- Amendment No. 1 Completion of Water and Stormwater Design and Services During Construction A. Background CH2M HILL (CONSULTANT) has submitted the Preliminary Design of the N.E. 17th Avenue Drainage Improvements and Water Main Replacement for the CITY of Boynton Beach (CITY). Based on approval of the Preliminary Design, the CITY requested that CONSULTANT provide design, permitting and services during construction (SDC) assistance to the CITY in the execution of this project. The project is to be executed using the traditional design, bid, and construct method. This Amendment No. 1 to Task Order 14 addresses fees for professional services to provide design, permitting, bid phase, SDC and resident observation services. B. Scope of Services for Phase I ~_ ., = Task 1 - Design The CONSULTANT will provide professional engineering services to the CITY for the replacement of the existing asbestos cement water mains and installation of new storm water improvements within the project area. The work will include preparation of Drawings and Specifications to be used for bidding and construction. The specific scope of services to be provided by CONSULTANT in this Amendment No. 1 includes the following: 1. Call utility location company, such as "No-Cuts", and perform site investigation activities including a "field survey" of the project area to verify water line, sanitary sewer, and other utilities locations and alignments are consistent with that shown on utility record drawing information. Verification is to be by visual observation of surface features of utilities (i.e., manholes, valve boxes, cable boxes, fiberoptic markers, etc.). 2. Review available utility plans, atlases, and maps of the area for location of existing utilities. Coordinate the proposed water main and storm water piping alignments with existing utility alignments to avoid conflictive routings to the extent possible. 3. Swale improvements and sidewalk replacement will be depicted by use of typical standard sections and details keyed to the plan drawings. Driveway aprons will remain as is and will not be replaced unless impacted by construction activities. Swales will be improved on both sides of the road to promote enhanced area drainage. 4. Topographic details such as fences, sidewalks, walls, curbs, vegetation, signs poles, etc. will be noted to the extent that they may be materially affected by the construction of the swale, water main, storm water improvements, and sidewalk improvements. DI=B~)RAFT TASK OROER 14 NvlEND 1 04 02 03.DOC 1 TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION 5. Existing underground utilities will be shown on the Drawings based on best available information obtained from Utilities and as verified by the field survey information discussed above. Utilities shown are only those located within the work area that will materially affect construction of the improvements (i.e. water or sewer mains, telephone conduits and cable, fiber optic or electrical lines). CITY utility locations will be verified by CITY personnel and a utility locating service, such as "No Cuts". 6. Drawings will be provided to the CITY at the 60, 90, and 100 percent stages of design completion. The 60 percent drawings will provided in half-size format and the 90 and 100 will provided in full-sized format. Drawings for permit review will be full size format. 7. The Drawings will show locations of new and existing water lines, existing sanitary sewers, and storm water inlets (if any). Streets, driveways, and sidewalks, will be outlined on the Drawings. Plan drawings will be at a scale not smaller than 1-inch equals 20 feet and will be double panel format. 8. Upon completion of the 60% drawings, CONSULTANT will supply the CITY four (4) sets of review documents. The CONSULTANT will attend a 60% workshop with C1TY personnel to receive and discuss review comments regarding the documents. The C1TY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage design deliverable. For the 60% deliverable, a table of contents listing of specifications will be provided. " ~ 9. Upon completion of the 90% drawings, CONSULTANT will supply the CITY two (2) sets of review documents. The CONSULTANT will attend a 90% workshop with CITY personnel to receive and discuss review comments regarding the documents. The CITY will provide CONSULTANT with a marked set of the documents containing the CITY's consolidated comments for use in preparation of the next stage design deliverable. For the 90% deliverable, draft specifications will be provided. 10. Upon completion of the permit drawings, CONSULTANT will supply the CITY three sets of the final documents with appropriate copies of permit applications for signature. The CONSULTANT will transmit permits to appropriate agencies on behalf of the CITY. 11. The storm water improvements and new water main will be located within the right-of- way of neighborhood streets. 12. The location and elevation of CITY established horizontal and vertical control (if any) will be listed on appropriate plan sheets. 13. CONSULTANT will attend two Community Involvement Meetings (CIM). 14. CITY standard developed details applicable to the work will be incorporated into the Drawings. CONSULTANT will modify, as necessary, the CITY standard details. 15. Specifications and Contract Documents for bidding purposes are to be prepared by the CONSULTANT for the water main and storm water improvements. These documents are to reflect the following: DFB~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 2 TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION · Contract Documents will use the CITY's existing "Front-End" conditions modified by the CITY as appropriate for this project. Division 1 through 16 technical specifications will utilize the CITY's master specifications modified by CONSULTANT as appropriate for the project. All proposed modification to CITY's specifications will be submitted to CITY for approval of modifications. · Separate bid schedules will be provided for the water main and stormwater improvements. · The new water main will consist of 8-inch cement lined ductile iron pipe and fittings. · The existing water mains will be abandoned in place or removed and disposed of. Removal and disposal of asbestos cement lined piping to be consistent with worker safety regulations, as specified in the doctunents. · Installation of meter service connections will be induded in the Contractor's scope of work on a unit price basis. Approximate locations of service connections will be identified on the drawings to assist the Contractor in establishing an appropriate unit price for bidding. 16. An opinion of probable construction cost based on the 90 and 100 percent drawings and specifications will be prepared. The cost estimate format will be consistent with the bid proposal for the project. The cost opinion~will be provided to the CITY at the time~the~ advertisement for bids is published. 17. The project drawings are expected to consist of the following sheets: Estimated Sheet Count for N.E. 17th Avenue Water Main and Stormwater Improvements City of Boynton Beach Sheet No. Drawing No. Description 1 G-0 Cover Sheet (Title & Vicinity Map) 2 G-1 General Notes, Legend, Abbreviations 3 G-2 Index Sheet 4-11 C-1 to C-8 Water Main and Swale Improvements -- Plan at 1' = 20' (Double Panel Format) 12 D-1 Civil Standard Details (Restoration) 13 D-2 Water - Standard Details, Thrust Restraint Schedule 14 D-3 Water - Standard Details 15 D-4 Drainage - Standard Details 16 D-5 Drainage - Standard Details Task 2 - Permitting The CONSULTANT will assist the CITY in obtaining Palm Beach County Public Health Depa~ia-~ent (PBCPHD) permits for the water main replacement by completio, g the permit forms for CITY approval/signature and providing required drawings and specifications necessary to obtain the permits. Permit application forms, including drawings and OFB~DRAFT TASK OROER 14 AMEND 1 ~ 02 02.DOC 3 TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER ANO STORMWATER DESIGN ANO SERVICES DURING CONSTRUCTION specifications, for permitting through the PBCPHD will be submitted to the CITY concurrent with delivery of the 90% design documents. The FDEP "Long-Form" permit application is required as the project is in excess of 5,000 lineal feet and the new water mains are to be relocated (i.e., not in the same trench as the existing lines). Fees will be paid by the CITY. The CONSULTANT will also assist the CITY in obtaining South Florida Water Management District (SFWMD) permits for the construction of exfiltration trenches by completing the permit forms for CITY approval/signature and providing required drawings and background information. Permitting for the SFWMD will be performed concurrently with issuance of the 90% design documents. According to a pre-application meeting held with SFWMD, the completion of the "Standard General" Sections A, C, and E, of the Environmental Resource Permit application will be required for this project. This assumption will be used to budget the labor effort for this task. Permit fees will be paid by the CITY. Two copies of the final permitting packages (plus the number of agency required copies) will be submitted with the 90% plans for submittal to the PBCPHD and SFWMD by the CITY. CONSULTANT will prepare two (2) response to each "request for additional information" made by each regulatory agency following submittal of the permit applications. Additional responses to agency requests for additional information will be considered an Additional Services item. ~_ .. _~ Preparation of other permits for the above agendes (or for other regulatory agendes) beyond that spedfied above will be considered an Additional Services item. Examples of typical permits not included in this scope of work include wetland dredge and fill permits, NPDES/FDEP Notice of Intent and SWPPP, FDOT utility accommodation permits, Asbestos Handling/Disposal notification permits, Archeological/Historical preservation permits, endangered spedes permits, tree removal permits, etc.. Task 3 - Bid Phase Services Bid phase services to be performed by the CONSULTANT include: 1. Prepare Contract Document packages (i.e. drawings and specification) for CITY advertisement and bidding purposes. Drawings to be half size (11 x 17 inch) format. 2. Distribute copies of the Contract Documents to the prospective bidders and maintain records of the plan holders list and provide a copy of the list to the CITY. 3. Provide document mailirtg and pre-bid services, such as assistance with advertisement, maintaining plan holder's list, answering questions from potential bidders, and issuing Contract Docttment addenda to the plan holders. 4. Respond to questions from prospective bidders and suppliers and issue addenda as appropriate. Issuance of up to three addenda is assumed in the budget for Bid Phase Services. 5. Prepare agenda and conduct a pre-bid meeting with interested contractors and CITY staff. Prepare and distribute meeting minutes. DFB~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 4 TASK ORDER NO, 14 - AMENOMENT NO. 1 COMPLETION OF WATER AN0 STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION Review bid packages received, prepare bid summary, and recommend award. Assist the CITY in conforming and preparing Contract Documents for execution by the CITY selected Contractor. Assist in the review of Contract Documents and bonds before forwarding to the CITY for execution. Task 4 - Services During Construction The specific SDC phase services to be provided by the CONSULTANT include the following: 1. Prepare agenda and conduct pre-construction meeting with selected Contractor and CITY staff. Prepare and issue written minutes of meeting. 2. Review Shop Drawing and Product submittals for general conformance with the design intent and provisions of the Contract Documents. Review of up to 24 submittals is included in the budget for SDC phase services. 3. Attend monthly construction progress meetings and provide a written stmunary of the issues discussed. Project meetings will be held by the Project Engineer, with the Resident Observer in attendance. Prepare and distribute meeting minutes. Meetings will be held at the site office. Nine monthly progress meetings are included in the budget for this task. 4. Review monthly payment applications submitted in a format acceptable to the CITY. Assist the CITY to reconcile the ContraCtor payment requests, clarifications, cha~geg orders and responses to requests for quotations. A nine month construction period is assumed in budgeting these tasks. 5. Respond in writing to Contractor's Request For Information (R_VI) regarding the design documents. 6. Review work progress at key steps to allow certifications to the SFWMD and PBCPHD that work has been completed in substantial conformance with the Contract Doctunents. Review to include verification that water services were properly pressure tested and bacteriologically sampled to allow a "request for release of facilities to be placed into service" to be filed with the PBCPHD. Assist the CITY in obtaining the appropriate PBCPHD release for completed facilities. 7. In conjunction with CITY staff, make substantial completion and final inspections and assist in the preparation of a Contractor "punch list". Review completion of identified punch list items to assist in the determination that Final Acceptance has been reached by the Contractor. Advise the CITY that Final Acceptance of the project has been reached in accordance with the Contract Documents. Task 5 - Resident Observation The resident observation phase services to be provided by the CONSULTANT include the following: 1. Provide an onsite construction observer. The resident observer will be onsite for a nine month period. For budgeting purposes, the construction observer is assumed to be on site for 40 hours each week for 32 weeks. OFB~DRAFT TASK ORDER 14 NdEND 1 04 02 03.DOC 5 TASK ORDER NO. 14 - AMENOMENT NO. 1 COMPI.ETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION C. Assumptions In addition to the work items discussed above, the following assumptions were made in establishing the scope of this Amendment and associated fee. Changes and/or modifications in the above work items or these assumptions are considered an Additional Services Item under the terms of the contract. Assumptions include: 1. The scope and budget are based on a closed system with exfiltration basins and/or a swale type system (i.e. no positive outfall). 2. The CITY will provide CH2M HILL an electronic version of "front end" contract documents in MICROSOFT "WORD 2000" version format. 3. Surveying and legal work necessary to prepare document for and to secure easements (temporary and permanent) required for installation of the piping and improvements is the responsibility of the CITY. 4. Survey and acquisition of any easements (construction or permanent) for the new piping and improvements will be the responsibility of the CITY. 5. The CONSULTANT will not be responsible for the preparation of RECORD drawings. Signed and sealed RECORD drawings to be furnished by the C1TY for submittal to PBCPHD. 6. CONSULTANT is not required to attend-any public meetings or hearings associated-~ with permits applied for the project. 7. Full time construction observation will be provided as an option to be selected by the CITY. Construction observation hours are based on 32 weeks of actual construction (Monday through Friday) at 8 hours per day, for a total of 1,280 man-hours. 8. The CITY is responsible for all permitting fees, including costs of public notification in local newspapers. 9. The CITY will provide CONSULTANT an electronic version of CITY standard water main and street detail.~ in AUTOCAD Version 12 format. 10. Permit applications covering the proposed construction work will be prepared and submitted to SFWMD and PBCDOH. 11. The design does not include survey work for verification of horizontal and vertical alignment of existing utilities within the project area. Utility location will be developed based upon the best information available from the owning utilities and information developed by the CITY. The design fee does not include survey work for establishing horizontal and vertical alignment of new utilities either during design or during SDC. 12. The Contract Documents will be prepared as a single contract (i.e. the water main replacement and storm water piping work will not be prepared as separate packages within the same set of Contract Documents). No pre-purchase of materials and/or equipment is presumed. 13. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services item. DFI~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 6 TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STORMWATER DESIGN AND SERVICES DURING CONSTRUCTION 14. Costs for SDC phase geotechnical testing to verify Contractor's compliance with Contract Documents are not included in the design fee estimate. 15. The design is to be based on the Federal, State and Local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services item. O. Contract Reference This Task Order shall be performed under the terms and conditions described within the Agreement for General Engineering Consulting Services dated October 4, 2000 between the City of Boynton Beach and CH2M HILL. E. Additional Services The following are examples of some specific Additional Services Items that may be required, but are not included within this Amendment. Generally, a condition contrary to the work description in Section B or assumptions of Section C (upon which the design fee is based) is considered an Additional Services Item. Examples include: 1. Additional supervision or construction observation in excess of that specified in this Amendment. 2. Additional permitting assistance in excess[of that identified in this Amendment. -, ~ 3. Construction phase services are based on an estimated nine month construction period from the time of the contractor mobiliz, ation to final inspection. If the period of construction is extended, additional time and expenses may be necessary. 4. Assisting the CITY in the settlement of construction contract claims. 5. Replacement of small diameter water mains and stormwater improvements at other locations than those identified in this Amendment and in Task Order 14. Additional lump sum fees will be developed as requested by the CITY for future work to include additional drawings, revised "front ends" and the preparation of additional bid documents. Bid services and SDC will be extended as appropriate. 6. Field verification (horizontal or vertical) of existing utilities identified as being within the immediate area of the proposed mains. 7. Additional regulatory agency responses beyond the second response to an agency incompleteness and/or additional information request. 8. Development of property descriptions of easements, road right-of-ways, etc. Preparation of right-of-way or easement boundary surveys. 9. Threatened or endangered species and species of special concern permitting or relocation work. 10. Archeological/Historical preservation permits, studies, or reports. 11. Surveying, flagging, or other work necessary to secure tree removal permits from the City, County, or other jurisdictions. DFB~DRA.C'T TASK ORDER 14 AMENO 1 04 02 03.DOC 7 TASK ORDER NO. 14 - AMENDMENT NO. 1 COMPLETION OF WATER AND STOI:~dWATER DESIGN AND SERVICES DURING CONST~UCTION 12. Design modifications to the Contract Documents (i.e., change orders) required during construction. These and other services can be provided, if desired by the CITY, under separate Task Order(s) or by an amendment to this Task Order. Services performed will be on an as- directed basis in accordance with a written Notice to Proceed from the CITY. F. Obligations of the CITY 1. The CITY shall provide the CONSULTANT in a timely manner, record data and information related to the sewer system, water distribution system and streets within the project as necessary for the performance of services specified herein. 2. The CITY shall review all drawings and other documents presented by CONSULTANT; obtain advice of an attorney, insurance counselor, and others as CITY deems appropriate for such review and render decisions pertaining thereto within reasonable time so as not to delay the services of CONSULTANT. 3. With assistance by CONSULTANT, as described herein, the CITY, as applicant shall obtain approvals and permits from all governmental authorities having jurisdiction over the project. The CITY is responsible for the payment of all permit application fees. G. Compensation Compensation by the CITY to the CONSULTANT for all tasks except Task 4, 5, and responses to additional requests for additional information from SF3NMD and PBCDOH will be on a lump sum basis in accordance with the above mentioned Agreement. Task 4, 5, and responses to additional requests for additional information from SFWMD and PBCDOH will be invoiced on a time and materials basis for the amount of work actually required by the project. The estimated compensation for the services described in this Task Order is $246,579 as shown in Table 1 below. DFI~RAFT TASK ORDER 14 AMENO 1 04 02 03.DOC TASK ORDER NO. 14 - AMENDMENT NO. I COMPLETION OF WATER AND STORMWATER OESIGN AND SERVICES DURING CONSTRUCTION TABLE 1: LABOR AND EXPENSE SUMMARY Phase I - NE 17th Ave. Stormwater Improvements City of Boynton Beach Labor Total Labor Hours Cost Expenses Cost Task 1 - Design Phase 562 $46,774 $4,386 $51,160 Task 2 - Permitting Phase 120 $11,584 $1,682 $13,266 Responses for additional 136 $12,752 $1,558 $14,310 information from SFWMD and PBCDOH Task 3 - Bid Phase Services 44 $3,884 $1,343 $5,227 Task 4 - Services During 770 $67,604 $5,212 $72,816 Construction Task 5 - Resident Observation 1280 $89,800 $89,800 Totals $142,598 $103,981 $246,.579 H. Schedule The CONSULTANT will commence design and permitting services upon receipt of written authorization and will complete all work associated with Task 1 and Task 2 of this Amendment to Task Order 14 within six (6) months from the receipt of authorization. APPROVED BY: CITY OF BOYNTON BEACH, FLORIDA By: Kurt Bressner, City Manager Dated this day of ,2003. SUBMITTED BY: CH2M HILL, INC. ~-~ Vice President, Area Manager Dated this[//d~ay of /~r; [ , 2003. DFB~DRAFT TASK ORDER 14 AMEND 1 04 02 03.DOC 9 V.'CONSENT AGENDA CITY OF BOYNTON BEAC] TTEM C.2. AGENDA ITEM REQUEST FO ,l Requested City Commission Meeting Dates [] April 1,2OO3 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to city Clerk's Office Meetin~ Date~ in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to authorize full release of the remaining surety for the water system improvements for the project known as Alouette, Inc., in the amount of $1,367.50. EXPLANATION: The required water system improvements for this project have operated satisfactorily through the warranty period. The surety may now be released, and the amount of $1,367.50 refunded to the developer. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. The City Code allows for full release after the warranty period has expired. Department Head'~Signature Deparunent Name City Manager's Signature City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella Mary Munro, Finance Dept. " File S:~BULLETiN~FORMSXAGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY IN THE AMOUNT OF $l,367.50 TO ALOUETTE, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the developer of this parcel, on November 13, 2001, posted cash ;urety in the mount of $1,367.50 for the project known as Alouette, Inc.; and WHEREAS, the required water system improvements for this project have operated satisfactorily through the warranty period covered by this cash surety; and; WItEREAS, the City Commission, upon recommendation of staff, deems it appropriate to authorize a full release of cash surety in the amount of $1,367.50 to Alouette, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, hereby approves the full release of the cash surety in the amount of $1,367.50 to Alouette, Section 2. That this Resolution shall become effective immediately upon passage. S:\CA\RESO\Letters of Credit~Alouette - cash surety release.doc PASSED AND ADOPTED this day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ~ Clerk Corporate Seal) :caLResokL\Credit - Boynton Commons - Cash Surety Release 062700 ;:\CA\RESO\Letters of CreditXAlouette - cash surety release.doc DIRECT PAYMENT REQUISITION Please issue a check in the amount of $ 1,367.50 To: Alouette, Inc. 517 NW 7~ Court B.~.~'nton Beach, FL 33437 For: Full release of cash sure~ect known as Alouette, Inc. Commission._Ap..grovah Requested by Approvals: Peter V. Mazzella, Deputy Utilities Director Date April 14, 2003 Dept. Head Finance Dept. City Manager 401 0000 220 99 00 1,367.50 $1,367.5C MEMORANDUM UTILITIES DEPARTMENT TO: Diane Reese, Finance Director FRO1Vi:~,)john A'~. Guidry, Utilities Director DATE: LETrEK OF CREDIT: Bank - SUBJECT: Surety/Fee transmittal - ~ Amok_mt $~ CASH BOND Check no. dl gq ~ ~o Pt. nn~'8~s $'me/¢, ~~.~SPEC~ON ~E: Ch~k no. Amount Amount Water $ ~/a _ Amount Sewer $__~_~ Tot $ w SEWER TELEVISING FEB: (@ $1.75/L.F.) Check no. Bssed on "'- L.F. A mount COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other Please refer any questions on this m~tter to Peter Mazzella of this office. Attachment /AG/PVM be: Peter Mazzetla xc: File C.AOFFiC~,WI~NII~W~YJ~~ V.-CONSENT AGENDA ITEl4 C.3. CITY OF BOYNTON BEA AGENDA ITEM REQUEST Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 NATURE OF AGENDA ITEM Date Final Form Must be Turned in to CiW Clerk's Office Requested City Commission Meetin2 Dates Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 3 I, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) [] June 2, 2003 May 19, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] July I, 2003 June 16, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and execute by Resolution Amendment No. 3 to the Industrial Avenue Corridor Stormwater Improvements Project Consultant Agreement additional engineering expenses for Kimley-Horn & Associates, Inc. (KHA) in an amount not to exceed $35,000.00. EXPLANATION: A Consultant Agreement was approved by City Commission on July 20, 2000, in the amount of $390,390.00 and covered tasks for design, permitting, bidding services, and construction management for the Industrial Avenue Project. We are NOT seeking additional funding for Amendment No. 3, we are requesting the reallocation of previously approved funding and approval to move this funding from the contractor's total funding allocation to that of the engineer. Amendment No. 1 During the early design phase of the project, it became necessary for the department to make changes to the scope of the design services and physical design changes. These changes included: · Water main redesign for (East) Industrial Avenue and relocation of certain water main segments in Lake Boynton Estates; · West Industrial Avenue right turn lane design and roadway widening; · Gopher tortoise environmental investigation, reporting and permitting; · Necessary utility easement at Foster Oil and; · Additional design and analysis to meet FDOT and LWDD permit requirements. S:~,BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Since these issues were not part of the original agreement, Amendment No. 1 was approved by City Commission on November 20, 2001 for $108,820.00. Lake Boynton Estates Water Main Change Order Additionally, as the construction and installation work progressed, it was discovered that a second water main in the Lake Boynton Estates area needed to be upgraded and replaced. KHA was requested to perform the design and material take off for this new work and to negotiate for the work with the City's contractor, Mora Engineering Contractors, Inc. (MEC). This resulted in a Change Order for $172,146.95 which was approved by the City Commission on July 2, 2002 as an add-on to the contracts with MEC and KHA. This add-on included all necessary engineering, construction phase services and construction costs to replace existing water mains in the Lake Boynton Estates area that were not part of the original construction plan. The breakdown of the $172.146.95 is as follows: Mora Engineering Contractor, Inc. Kimiey-Horn & Associates 15% Contingency Total Change Order $127,165.00 $ 22,528.00 $ 22,453.95 $172,146.95 Procurement Services required that the Department allocate the contingency to either MEC or KHA, and the department decided to place it where the risk was the highest and assigned the entire contingency to the MEC Change Order. Amendment No. 2 Amendment No. 2 was approved by the City Commission on September 17, 2002 for $134,218.15. At the time Amendment No. 2 was approved, the anticipated remaining construction duration was 3.5 months. However, the increases in the scope of construction were accompanied by an increase in contract duration. At time of the bid, the contract duration was established at 270 days (9 months). The City requested a KHA field representative be available on a full-time basis to observe the contractor's progress largely due to concerns about the quality of the work and compliance with the contract documents. The contractor frequently worked six days per week therefore, a KHA inspector was required to worked more than the standard workweek. The original budget considered that field observations would be performed by both City and KHA personnel. The engineering and office support requirements were increased substantially. S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Substantial Completion. On February 5, 2003, Substantial Completion was achieved for this project. Utilizing the project cost controls established by the Utilities' Project Management Team, it was determined that the project was significantly under budget. PROGRAM 1MPACT: Approval of Amendment No. 3 will compensate KHA for work that has already been completed under the direction of the Utilities Department. KHA provided quality engineering and construction phase services throughout the project from its initial design phase through construction, Substantial Completion, Final Acceptance and project closeout. Due to additions in scope and design work along with time extensions, several increases to their original consultant agreement were necessary. FISCAL IMPACT: During the course of construction, some differences in the estimated quantities were discovered that resulted in a significant reduction in the project's cost. Basically, the original contingency funding of $50,000.00 remains unused as does $18,158.00 of the $22,453.95 contingency funding for the new Lake Boynton Estates water main. In addition, the City has been reimbursed $10,049.49 by Florida Power & Light for costs incurred resulting from unforeseen site conditions during installation of stormwater piping, catch basins and manholes at the intersection of SW 6th Street and NWIst Avenue when a large underground FPL electrical vault and duct bank was uncovered. Available (previously approved) funding: Unused original contingency funds Unused Lake Boynton Estates contingency funds Reimbursement from FP&L Total unused contingency funds Amendment No. 3 requested reallocation Remaining unused balance $50,000.00 $18,158.00 $10,049.49 $78,207.49 $35~000.00 $43,207.49 S:~BULLETiN~ORMSX, AGENDA FI'EM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Kimley-Horn Agreement Date Commission Approved Amount Original Task Order 07/20/00 $ 390,390.00 Amendment #1 11/20/01 $108,820.00 Change Order (Lake Boynton Estates) 07/02/02 $ 22,528.00 Amendment #2 09/17/02 $134,218.15 Proposed Amendment #3 05/06/03 $ 35,000.00 Total Consultant Agreement $690,956.15 Amendment No. 3 brings the total consultant cost to $690,956.15 or 25.97% of the construction contract price. However, current cost control tracking indicates that the project will finish at approximately $106,434.20 or 4.00% under the approved funding total under the MEC purchase order amount of $2,660,323.45. ALTERNATIVES: There is no alternative, KHA has provided services for the City in good faith and funds have been identified for payment. Dale S' Sug~rman' Assistant City Manager Kurt Bressner, City Manager Utilities Department Department Name City Attorney / Finance / Human Resources Dale Sugerman, Assistant City Manager Mark Law, Deputy Utilities Director Barb Conboy, Manager, Utilities Administration Paul Fleming, Sr. Project Manager File S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOY-NTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF AMENDMENT NO 3 TO THE INDUSTRIAL AVENUE CORRIDOR STORMWATER IMPROVEMENTS PROJECT CONSULTANT AGREEMENT IN AMOUNT NOT TO EXCEED $35,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 20, 2000, the City Commission approved a Consultant Agreement for Kimley-Hom & Associates in the amount of $390,390.00, which Agreement :overed tasks for design, permitting, bidding services, and construction management for the trial Avenue Project; and WHEREAS, this Amendment No. 3, is not seeking additional funding, but is seeking a reallocation of previously approved funding and approval to move this funding from the :ontractor's total allocation to that of the engineer; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the approval and execution of Amendment No. 3 to the Industrial Corridor Stormwater Improvements Project Consultant Agreement. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this ~ day of May, 2003. S:\CA\RESO~Agreements\Task ' Change Ordem'~,tne~dment No. 3 - Kirnley-Hom.doc CITY OF BOYNTON BEACH, FLORDA Mawr Vice Mayor Commissioner Commissioner Commissioner City Clerk ~:~CA\RESO~Agreements~Task - Change Or~ers~Ame~clment No. 3 - Kimley-Hom.doc incomplete in several locations. As a result, several field modifications to the design were required. Those modifications included: · Alteration of the tie-in to the Vining's system · Alteration of the tie-in to the existing 6" watermam at the north end of Pond B · Alteration of the tie-Ms to existing watermam near Veterans Circle In addition to the engineering revisions, construction of the new watermam and tie- Ms lasted considerably longer than expected, resulting m additional field observation and coordination with the City testing lab to test segments of the watermain. Finally, obtaining releases from the Palm Beach County Health Depaxtment required additional effort as the Contractor's record drawings were initially incomplete, and some of the test data had expired before being submitted to the Health Department with the request for release. Extension of Construction Phase Services The construction has continued into 2003 and it is likely that Final Completion will be achieved m April. Kimley-Horn has continued to provide construction phase engineering and construction observation at the request of the City. The specific services provided to date are as follows: · Review of MEC Pay Application Nos. 10, 11, 12, and 13. · Conducting and preparing minutes of three (3) Weekly Progress Meetings. · Construction observation by Field Representative during January 2003. · Attending and documenting seven (7) field walk-throughs (including the Substantial Completion walk-through). · Development of punch list after Substantial Completion walk-through. · Development of Field Change Directive Nos. 9, 10, and 11. · Review of Project Record Drawings (including review meetings with City and Contractor). -2- H:\044349002\contract amendmentXAddexA 04-01-03.doc EXHIBIT A SCOPE OF SERVICES Kimtey-Hom and Associates, Inc. has been requested to provide the following additional services by the City of Boynton Beach: Lake Worth Drainage District Annexation Support Services Kimlcy-Horn has previously provided a legal description of the project boundaries for use by Lake Worth Drainage District (LWDD) in annexing thc project into their service area. However, additional complications have arisen related to the annexation prompting thc City to consider whether proceeding with the annexation is the best course of action. In support of the consideration of alternatives, thc City requested that Kimley-Horn execute additional stormwater model simulations to evaluate alternatives to the constructed outfall into the FDOT ditch. Kimley-Hom has evaluated the effects of removing the piped connection from Pond B to the FDOT ditch and adding emergency spillways to allow flow only during the most extreme events. Kimley- Horn advised the City of our findings as requested. Kimley-Horn also contacted FDOT and inquired about any permit or other agreement between LWDD and FDOT authorizing the outfall from the FDOT ditch into the E-4 canal. Lake Boynton Estates Water Main Upgrades - Field Engineering Kimley-Horn was previously authorized to design replacement of 6" AC watermain with an 8" DIP watermain through Lake Boynton Estates in order to facilitate future branch watermain and water service improvements in thc area. Kimley-Horn requested that thc Contractor perform detailed field locates of existing utilities for usc in our design. However, thc information provided by thc Contractor was -l- H:\044349002~contract amendment~AddexA 044) 1 4)3.doc · Clerical support for the services listed. We will continue to provide construction phase through Final Completion of the project in cooperation with the City. The City previously authorized a contingency budget of $22,453.95 in order to provide a source of additional funding to deal with field changes on the Lake Boynton Estates water construction. Approximately $18,158.87 of the contingency budget remains and could be applied toward our additional effort. -3- H:\044349002\contract arnendmentkAddexA 04-01-03.doc EXHIBIT B FEE AND BILLING As shown in the attached Exhibit C, Kimley-Hom has expended approximately $28,240.00 through March 31, 2003. We propose to complete our services for a total additional fee (inclusive of all 2003 effort) of $35,000.00. Fees will be invoiced monthly based upon the actual effort expended as of the invoice date. Payment will be due within 25 days of the date of the invoice. -4- H:\044349002~contract amendment~.ddexA 04-01-03.doc EXHIBIT C Industrial Avenue-2003 Hours Expended Activity MDS Sr. Prof. - Other Prof. Ballum Clerical $120.00 $120.00 , $75.00 $50.00 $50~00 Pay App 10 review 4 Pay App 11 review 4 Pay App 12 review & mtgs. 25 Weekly Progress Meetings (3) 10 10 Field Observation/Inspection 26 Field reviews/walkthroughs (7) 25 inc. Sub. Com. Walkthrough Punchlist development/distribution 12 Field Chg. Directive 9 4 Field Chg. Directive 10 4 Field Chg. Directive 11 (unofficial) 10i 12 inc. design of drainage fixes LWDD annexation support 5! 24 meetings (2), modeling, FDOT (Note $4,000 prelim KHA budget to cover survey and eng.) Record drawings (1st draft, 2nd 48 9 20 draft, letters, mtgs) Clerical (in support of all the above) 50 Total hours 151 21 44 36 50 Fee $18,120.00 $2,520.00 $3,300.00 $1,800.00 $2,500.00 .... Note that Sr. Professional is calculated at the same rate as MDS [Total $28,240.00~ H:\044349002\conb'act amendmentS2003 amendments\estimate.xls V.-CONSENT AGENDA ITEI I C.4. CITY OF BOYNTON BEA AGENDA ITEM REQUEST FORM Requested City Commission Meeting, Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meetin~ Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve and authorize signing of an Agreement for Water Service Outside the City Limits with Deanna K. Bates as owner for the property located at 1103 James Road, Lantana, Florida (Lot 24 Hypoluxo Ridge). EXPLANATION: The parcel covered by this agreement is a single-family home located in the San Castle project area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed during that project. (See location map) PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None. This parcel is within the Utilities service area. Department Head's S(~ature City Manager's Signature Department Name City Attorney / Finance / Human Resources XC: Dale Sugerman (w/copy of attachments) Peter Mazzella " Michael Rumpf, Planning & Zoning. " File " S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC 1 in. = 303.9 feet ERTY. 1 Location Map RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND DEANNA K. BATES.; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the subject property is located outside of the City Limits, but within our water and sewer service area, located at 1103 James Road, Lantana, Florida (Lot 24 Hypoluxo Ridge) in the San Castle project area; and WHEREAS, the subject parcel currently contains a single-family residence, and only de water is available for connection to the property at this time due to recent water main constructed during that project; WHEREAS, City policy requires annexation of the property to be serviced at the earliest practicable time, as a condition of the granting of water services outside its urisdictional limits; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as tree and con'ect and are hereby made a specific part of this Resolution upon adoption Section 2. The Mayor and City Clerk are hereby authorized and directed to a Water Service Agreement between the City of Boynton Beach, Florida and K. Bates, said Agreement being attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. r Service~Bates Water Service Agreement.doc PASSED AND ADOPTED this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner City Clerk S:\CA\RESOXAgrecmcnts\Water Scrvic¢~Bates Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P~.. 3099 East Commercial Blvd. Suite 200 FL Lauderclate, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ~ day of ,20 , by and between ~r'~,~'/~' ,4~-~ hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Flodda, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Flodda; and WHEREAS, Customer has requested that the City of Boynton Beach, Flodda provide water service to the property owned by Customer; and WHEREAS, the City of Boynton beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the eadiest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Residential Connections which City shall service. Equivalent 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conformance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the' city. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless wdtten consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. The Customer acknowledges that this covenant regarding annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced, herein is to be recorded in the Public Records of Palm Beach County, Flodda, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, stdkes, boycotts, blackouts, tire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys, fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNF_.~,,WHEREOF, the parties hereto have set their hands and seals this dayof ~--t-~ I.-o '%'/" ."7[ ,2003 (As l (As t.o ~_~') (As to owner) ~ESS: ~ INDIVIDUAL(S) AS OWNER(S): (Print name) (Print name) FOR INDIVIDUAL(S) NOTARIZATION: STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County...afo_,res_ai~ to take acknowledgments, personally appeared t~__.~ .~ ~ ~ ~'~ ~.~-.-~ to me known to be the person(s) described in and who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was p.~.~.mnnally k~nown to ~ or provided the following proof of identification: WITNESS m.~ ha, pd and official seal in the County and State last aforesaid this day of .l"~'_ ~ t- 0 ~ ~ ,200_~ (Notary Seal) .......... Jeanette Mathias ~.~.~,.o..'.~.... Commission #DD146206 -~*..i--3,~_;.'-' Expires: Sep 20, 2006. ~-74~ .... ~? Bonded Thru Nota ~°~l~libAtlantic Bonding Co., Inc. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor ATTEST: City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF PALM B .EACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: Legal Description Approved: City Attorney JAC/Ims 900182 12/12/95. rev WATERSRV. 1 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA I/We, i0e~.,.~. ~.~,1 , hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20 and the powers and authority shall be irrevocable by Grantee. day of Sealed and delivered in the presence of IN WITNESS WHEREOF, we have hereunto set our hands and seals the F'-J,~-,-~.,.7 , in the year two thousand and ~.. Print name Witness Print name Witness STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) THE FOREGOING INSTRUMENT :~.~.s acknowledged, before me this ~)/~- day of --/~r~.r-~-- , 20~, by ~~n~ ~~ and , who ~re known to me or who have produced , as identificatio~ and who did/did n~ke an oath. ~OTARY P~IC T~pe or Pdnt N~me ~ ~ _ Oommissien No. ~G ~ ~ ~D My Commission ~xpires: ~c cm~ ~z ~ U POA. IND t~:.~[C~mmi~o, fl CC 982420 Mar,25, 2002 I]']2AM io, 6373 OPINION OF TITLE OF EXAMINING ATTORNEYS FIDELITY F~DERAL. BANK & TRUST DATE: March 22, 2002 IN RE: Deanna K. Bates, a single woman DESCRIPTION OF PROPERTY: LOT 24, HYPOLUXO RIDGE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 22, PAGE 48, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFIED TO AS OF: February 15, 2002 TITLE VESTED IN: Deanna K. Bates, a single woman THIS FINAL OPINION IS SUBJECT TO: 1. Marital status of Deanna K. Bates. 2. Satisfaction or subordination of Mortgage from Deanna K. Bates, a single woman, in favor of Barnett Bank of Palm Beach County, Florida, recorded July 29, 1994, in Official Record Book 8366, Page 44, public records of Palm Beach County, Florida, in the original principal amount of $15,000.00. ENCUMBPJ%NCES: 1. Mortgage from Deanna K. Bates, a single woman, in favor of Fidelity Federal Savings Bank of Florida, dated May 24, 1993, and recorded May 28, 1993, in Official Record Book 7730, Page 713, public records of Palm Beach County, Florida, in the original principal amount of $56,800.00. Mar,25, 2002 ]l:12AM R.N, IS, PA & R,D'ANGIO, PA No.6378 P. 4/30 2. Mortgage from Deanna K. Bates, a single woman, in favor of Barnett Bank of Palm Beach County, dated July 26, 1994, and recorded July 29, 1994, in Official Record Book 8366, Page 44, public records of Palm Beach County, Florida, in the original principal amount of $15,000.00. 3. Judgments or Tax Liens: NONE NOTE: 2001 Gross Real Estate Taxes in the amount of $955.00 are paid. SUR'v'IiY CERTIFIED TO: Oearma K. Dotae; Fidelity Federal Sa¥1no$ Oank of Florida; B~kett, Cook, et al.; Attome§s' Title msurence Fund, Inc. ,PROPERTY ADDRESS: t 103 James Road. Lantana. FI. FLO00 ZONE; 'C'/rlaD~''120192 OICJSO/Oct' 15, 1982 DESCRIPTION; Lot 24, HVPOLUXO RIDGE, according [o the Plat illereo[ on rile In tl~e Office of the Cle~ of the Circuit court in and for Palm Beach County, Florida, recorded In Plat Book 22, Page 48. C.iI.j.'.MC~C~ITI Bl,Ocl sTiuc~Jel re. - fauna HEREBY CERTII~ thai the plat shown hereon is a true and correCt representation el a survey of the properly described in the caplion thereol I furlher certily this meets Ihe Minimum Technical Slandurds adoptud ny lite Florida Board el Surveyors Pursuant to Sec. 472.027, F.S., and Rule 21 HH-G, F,A,C- Tl~is plal iS not valid unless BOUNDARY SURVEY -"---'---'- MILLER LAND SURVEYING 407-586-2669 P 0 BOX 3646 LANTANA. FLOrtI~IA 334G5 JOl NO )~.~=_/~-o/ S. V.-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR vl Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Requested City Cofnmission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office [] April 1,2003 March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) [] April 15, 2003 March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003(Noon) [] May 6, 2003 April 14, 2003 (Noon) [] July 1,2003 June 16, 2003(Noon) [] May 20, 2003 May 5, 2003(Noon) [] July 15, 2003 NATURE OF AGENDAITEM [] Admimstrative [] Announcement [] City Manager's Report [] Consent Agenda [] Code Compliance/Legal Settlements June 30, 2003 (Noon) [] Legal [] New Business [] Presentation ;:~:Z [] Public Hearing ~,. [] Unfinished Business RECOMMENDATION: Renew the agreement between the City of Boynton Beach and Palm Beach Community College. EXPLANATION: Boynton Beach Fire Rescue has been a training site for EMT and Paramedic clinicals for many years. This agreement formalizes a cooperative relationship between the City and the District Board of Trustees of the Palm Beach Community College. PROGRAM IMPACT: Boynton Beach Fire Rescue crews are well acclimated to teaching and mentoring EMT and Paramedic students. Teaching others helps keeps our Fire Rescue personnel's skills at a high level. FISCAL IMPACT: None ~ALTERNATIVES: Cease.to be a Palm Beach Community College training[sle~[/L~ {f'~'~"~f°r EMTs and Paramedics.  D~partment Head's Signature v ~ity ~I~n~ger's Sighature Department Name d" City Att0~ff~/FLnance / Human Resources S:kBULLETIN~ORMS~.GENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH PALM BEACH COMMUNITY COLLEGE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COMMUNITY COLLEGE; AND PROVIDING AN EFFECTWE DATE. WHEREAS, On August 14, 2000, the City Commission approved a three (3) year Agreement with District Board of Trustees of the Palm Beach Community College, which provides education and training of students in the Paramedic and EMT programs; and WHEREAS, upon recommendation of Boynton Beach Fire Rescue, it is desired to renew said Agreement for an additional three (3) year term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct execution of the First Amendment to Agreement between the City and The District Board of Trustees of the Palm Beach Community College, a copy of said Agreement is attached hereto. Section 2. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of May, 2003. ,:\CA\RESO~,greements\First Amended AGreement PBCC EMT training.doc CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: City Clerk Commissioner Commissioner Ca/res~aSreementl/Fi~t Amended A~ree~t PBCC - EMT traml~ S:\CA\RESO~Agreements\First Amended AGreement PBCC EMT training.doc FIRST AMENDMENT TO AGREEMENT BETWEEN THE DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE AND THE CITY OF BOYNTON BEACH THIS FIRST AMENDMENT entered into this ~ day of ,2003, by and between: THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a business address at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, (hereinafter referred to as "CITY") and DISTRICT BOARD OF TRUSTEES OF THE PALM BEACH COMMUNITY COLLEGE, with a business address of 4200 Congress Avenue, Lake Worth, Florida 33461, (hereinafter referred to as "BOARD"). WITNESSETH: WHEREAS, the parties hereto entered into an Agreement on August 14, 2000 to provide for the education and training of students in the Paramedic and EMT programs ("Agreement"); and, WHEREAS, the Agreement will expire on August 14, 2003, and the parties desire to extend the Agreement for an additional three (3) year term. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the City and Board agree as follows: 1. That the Agreement dated August 14, 2000 is extended for an additional three (3) year term up to and including August 14, 2006. 2. In the event of a conflict between the Agreement and this First Amendment, this First Amendment shall control. 3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto which are not inconsistent herewith remain in full force and effect. WITNESSETH: ATTEST: By: City Clerk CITY OF BOYNTON BEACH By: City Manager S:\CAL&GMTS'~Amendment to PBCC Agreement.doe APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney DISTRICT BOARD OF TRUSTEES OF PALM BEACH COMMUNITY COLLEGE By: BY: CHAIRMAN PRESIDENT DATE: S:\CA~AGMTS~xn~dm~nt to PBCC Agreement. dim PALM BEACH COMMUNITY COLLEGE VICE PRESIDENT ~/'O R K F O R C E DEVELOPMENT q. pbcr' 4200 CONGRESS AVE. LAKE WORTH, FL 33461-4796 561-868-3633 te~ 56!-868-3456 fax March 25, 2003 Mr. Mike Landress City of Boynton Beach 100 E. Boynton Beach Boulevard, Fire Rescue Boynton Beach, FL 33435-0310 Dear Mr. Landress: Enclosed are two (2) copies of the Paramedic/EMT clinical affiliation agreement between Palm Beach Community College and your facility. After review, please sign both copies of the agreement and return them to my office. I will then forward you one executed original. I would like to thank you for your generosity in providing valuable training experiences for our students. Please contact me at 561-868-3455 if you have any questions regard'ing this agreement. Sincerely, John M. Schmiederer Vice President of Workforce Development . enc. BELLE GLADE BOCA RATON LAKE ~(/ORTk Requested City Commission Meeting Date~ [] April 1, 2003 [] April 15, 2003 1~ May 6, 2003 · May 20,2003 V.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACI AGENDA ITEM REQUEST FORNI ......... 03 30 31 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to CiW Clerk's Office ~ in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to approve contract with JEG Associates to continue consulting services to the Heart of Boynton Project. EXPLANATION: The scope of services for a new agreement with the current consultant would be to provide the following: 1) To provide updated status report for the Heart of Boynton Redevelopment Plan, 2) assist the city in the coordination and implementation of community outreach activities related to the plan, and 3) conduct additional planning and design work to include cost estimates, color schemes, etc., for specific projects related to neighborhood improvement activities related to implementation of the Heart of Boynton Redevelopment Plan. See attached in Exhibit "A'. PROGRAM IMPACT: Success of the capacity building component of the implementation of the Heart of Boynton Redevelopment Plan is important to ali the stakeholders. Neighborhood and church leaders, resident, connecting organizations, city staff and other need a road map to follow. Putting everything into a project manager program facilitated by JEG ensures everyone knows what the next step should be and who should do it... FISCAL IMPACT: This additional contract will cost $7,000 and come from the Neighborhood Services existing Other Contractual services line item 001-2417-559.49-17. ALTERNATIVES: There is no current funding available for this program outside of the funds allocated by the city. ~ -~epartment Head's Si~natur? ' ' /- ' r' Department Name City Manager's Signature City Attorney / Finance / Human Resources S:x,BULLET[NXFORMSX, AGENDA ITEM REQUEST FORM.DOC April 30, 2003 Attachment "A" Joseph Gray, President JEG Associates 5702 Normie Drive Odando, FL 32839 Hereinafter referred to as JEG AND City of Boynton Beach Neighborhood Services 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Hereinafter referred to as the Client The Client desires to contract v~h JEG to provide consulting services related to the implementation of the Heart of Boynton plan. Se~ces will be provided, consis~nt with the following Scope of Sewices and payment schedule upon execution of ~his agreement,. SCOPE OF ADDITIOHAL SERVICES The Scope of Services generally to be provided by JEG may include, but will nol be limited to any of the following: Task 1; Provide consultative technical assistance to the City, relative to the development of implementation strategies related to the HOB plan. Task 2- Assist the City in the coordination and implementation of commu ~ity outreach activities designed to increase community awareness of the HOB plan and mla~,:l redevelopment activities. Task 3 - Assist the City in the development of collaborative partnerships ~h , public and private community stakeholdem and potential resource partners. Task 4 - Conduct additional planning and design work to include cost estimates, color schemes, etc. COST PROPOSAL The City will pay JEG for servic3s engaged directly on the project at a rate of $125. per hour, not to exceed a maximum of $7,000. The contract shall commence up3n execution of this agreement. AGREED TO AND ACCEPTED BY: ~,~.. Its: Date;, JEG ASSOCIATES 5702 NORMIE DRIVE ORLANDO, FL 32839 (407) 351.9~20 V.-CONSENT AGENDA ITEM C.7. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrmssion Meetina Dates [] April 1. 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City comrmssion Date Final Form Must be Turned in tO City Clerk's Office Meetin~ Dates in to City Clerk's Office Match 17, 2003 (Noon.) [] June 3. 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July I. 2003 June 16. 2003 (Noon) May 5, 2003 (Noon) [] July 15. 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Ratify the actions of the South Central Regional Wastewater Treatment & Disposal Board. EXPLANATION: On April 17, 2003, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly Annual meeting. At that time, the Board took action on various items that are now before the City Commission for ratification. This City Commission ratification is the confirmation process for the action taken by the S.C.R.W.T.D. Board. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Not ratify their actions. ~" ~rity Manager's S~ignature City Clerk's Office City Attorney / Finance / Human Resources S:XBULLETINWORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R03- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT A_ND DISPOSAL BOARD AT THE QUARTERLY MEETING OF APRIL 17, 2003, AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE SAID RATIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the South Central Regional Wastewater Treatment & Disposal Board RWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting April 17, 2003, as set forth in the attached Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF BOYNTON BEACH, FLORIDA THAT: Section l. The City Commission of the City of Boynton Beach, Florida, does ratify the action taken by the South Central Regional Wastewater Treatment & Board on April 17, 2003, as set forth in the attached Exhibit "A". Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ;T: Commissioner Clerk EXHIBIT "A" Authorization to expend $7,746 from Repair & Replacement fund on an emergency basis for (2) submersible pumps for the Plant's Lif~ Station. Authorization to sign agreement with Widell, Inc., to provide contractor at risk services for a two year period. Authorization to expend $1,491,080 from Repair & Replacement funds for the following task orders: a. Repair Sanitaire Diffusers - Total $477,003 b. Repair Clarifier Bridge Total $474,010 c. Repair channel in Screening Bldg. - Total $298,685 d. Repair radiator & blower piping - Total $41,382 e. Contingency Total $200,000 TOTAL AMOUNT: $1,491,080.00 Authorization to enter into contractor at risk agreement with Widell, Inc., for (4) Task Orders, as follows: ao No. I - not to exceed $399,033; No. 2 - not to exceed $439,010; No. 3 - not to exceed $223,685; No. 4 - not to exceed $ 41,382 Authorization to enter into contract with R.J. Sullivan Corp., for construction of 2 million gallon reclaimed storage tank in the amount of $835,010. BOARD City Council Members of Boynton Beach & Delray Beach SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD i801 North Congress Avenue · Delray. Beach, Florida 33445 Telephone (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com MEMORANDUM TO: FROM: DATE: RE: Janet Prainito CITY OF BOYNTON BEACH Mary Ann Shumilla April 18, 2003 RATIFICATIONS FOR SIGNATURE Attached are the Ratifications from the Quarterly Annual Meeting of April 17, 2003 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO EXPEND $7,746. FROM REPAIR & REPLACEMENT FUND ON AN EMERGENCY BASIS FOR (2) SUBMERSIBLE PUMPS FOR THE PLANT'S LIFT STATION. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Deiray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clark Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO SIGN AGREEMENT WITH WlDELL, INC. TO PROVIDE CONTRACTOR AT RISK SERVCES FOR A TWO YEAR PERIOD. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO EXPEND ~1,491,080.00 FROM REPAIR & REPLACEMENT FUNDS FOR THE FOLLOWING TASK ORDERS. WIDELL BOARD H & $ TOTAL 1.Repair Sa~i=aire Diffusers $399,003 $68,000 $10,000 $ 477,003 2.Repair clarifier bridge $439,010 $20,000 $10,000 $ 474,010 3.Repair channel ia Screening Bldg. $223,685 $65,000 $10,000 $ 298,685 4.Repair radis=or & blower piping $ 41,382 ] $ 41,382 5.Contingency $200,000 I $ 200,000 TOTAL: $1,103,080 $358,000I $30,000 $i,491,080 WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO CONTRACTOR A T RISK AGREEMENT WITH WIDELL, /NC. FOR: TASK ORDER #1 FOR A NOT TO EXCEED PRICE OF $ 399,033; TASK ORDER #2 FOR A NOT TO EXCEED PRICE OF $ 439,010; TASK ORDER #3 FOR A NOT TO EXCEED PRICE OF $ 223,685; TASK ORDER #4 FOR A NOT TO EXCEED PRICE OF ~ 41,382; AND AUTHORIZATION FOR EXECUTIVE DIRECTOR TO SIGN AND EXECUTE AT TIME DETERMINED APPROPRIATE. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 17, 2003 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 17, 2003, by a vote of 8-0, approve AUTHORIZATION TO ENTER INTO CONTRACT WITH R. J. SULLIVAN CORP. FOR CONSTRUCTION OF 2 MILLION GALLON RECLAIMED STORAGE TANK IN THE AMOUNT OF $835,010. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this ~ day of , , by a vote. CITY OF BOYNTON BEACH By: Mayor Attest: City Clerk Approved as to form: City. Attorney Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 V.-CONSENT AGENDA ITEM D.1 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in tO Qity Clerk's Office Meeting Dates in to City Qlerk'~ Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) ' April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Adminis~'afive [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Consent Agenda. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Developrnent Memorandum No. PZ 03-087. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Eckerd Drugs (~ Target (MSPM 03-003) Erik Wilczek, P.E., Kimley-Hom & Associates, Inc. Andrew Berger, American Development Corp. 1895 N. Congress Avenue, Target Shopping Center Request for major site plan modification to recordigure parking spaces in Parcel "A" of Target Corf, niercial Center. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TE RN AT IVES .~/ N/A City Manager'sk3ignature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP~ROJECTS\Eckerd Drugs Projects~VlSPM 03403 (~ Targetka~genda Item RequestEckerd Drugs~Target MSPM 03-003 5-6- 03 .dot S:~BULLETINLFORMS~kGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PRO.1ECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-087 Chairman and Members Planning & Development Board Eric Lee ]johnson, AICP Planner Michael Rumpf Director of Planning and Zoning April 17, 2003 Target Commercial Center (Eckerd) / MSPM 03-003 Major Site Plan Modification Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PRO3E(~TI' DE$CI~Pl'ZON Andrew Berger / American Development Corporation Edk ]j. Wilczek / Kimley-Horn and Associates, ;[nc. 1895 North Congress Avenue (see Exhibit "A' - Location Map) Local Retail Commercial (LRC) / Community Commercial (C-3) No changed proposed Pharmacy with drive-thru facility 555,330 square feet (12.79 acres) Right-of-way for Gateway Boulevard, farther north is developed residential, zoned Planned Unit Development (PUD); Catalina Shopping Center, zoned Community Commercial (C-3); Right-of-way for Congress Avenue, then farther east is Motorola, zoned Planned Industrial Development (P1;D); West: Developed residential, zoned Planned Unit Development (PUD). Target - MSPM 03-003 Page 2 Memorandum No. PZ 03-087 BACKGROUND The Target Commercial Center is comprised of three (3) main parcels and one (1) subordinate parcel. Parcel "A" is 2.27 acres and contains an existing 11,786 square foot stand-along building (which Eckerd proposes to occupy) and 14,200 square feet of in-line commercial space. Erik .1. Wilczek, agent for Eckerd is seeking conditional use / major site plan modification (COUS 03-001) approval for a pharmacy with a drive-through facility to occupy the 11,786 square foot building. Parcel "B" contains the Target store and a majority of the shopping center's parking area. Parcel "C" contains a stand-alone Carrabba's restaurant. According to the site plan (sheet S-1), the subordinate fourth parcel, namely, Parcel "D" is comprised of the buffer and swale area of the shopping center's perimeters along Gateway Boulevard and Congress Avenue. The entire shopping center is 12.79 acres in area and contains 144,438 square feet of building area. The applicant proposes to occupy an existing one (1)-story 11,786 square foot building currently occupied by Rack Room Shoes and previously occupied by Barnes & Noble and Bookstop. No change is proposed to the total project square footage. The proposed pharmacy is a permitted use in the C-3 zoning district but the drive-through feature requires conditional use approval. The drive-through facility would be located on the east portion of the existing stand-alone building on Parcel "A'; facing Congress Avenue. The facility would have one drive-through lane, running much of the length of the eastern fa(;ade. This drive-through lane would eliminate ten (10) parking spaces. Since the parking is shared throughout the entire shopping center (all three (3) main parcels), the proposed drive-through lane would eliminate all of the center's excess parking spaces. As a result, the shopping center would both require and provide for 769 parking spaces. Unlike a Planned Commercial Development (PCD) such as Grove Plaza or B.l's Wholesale Club, the Target Commercial Center is not a master plan. However, the modifications proposed to Parcel "A" impact the entire shopping center. Therefore, this major site plan modification (MSPM 03-003) to the Target site plan is required concurrent with Eckerd's request for conditional use approval (COUS 03-001). ANALYSZS As previously mentioned, the proposed modifications would be made to Parcel "A" of the Target Commercial Center. The changes proposed on this site plan submittal relative to the original site plan approval include the elimination of ten (10) parking spaces for the construction of a drive-through lane along the eastern facade of an existing stand-alone building on Parcel "A". Therefore, this site plan is being amended to reflect the changes made to Parcel "A".- The requested modifications result in no increase in impacts above those currently vested by the approved site plan. The City's Engineering Division has reviewed and approved the configuration of the drive-through lane as it relates to the localized traffic patterns throughout the entire shopping center. The Palm Beach County Traffic Division has determined that the drive-through facility would have little or no impact to the site in terms of traffic concurrency. RECOf4 f4ENDATZON The Technical Review Committee CI'RC) has reviewed this major site plan modification request. Staff recommends approval, contingent upon the comments indicated in Exhibit "C" - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:~lanning~Shared~Wp'~3jec~',,Ecke~l Drags I~oject~'~dSPM 03-003 (~ Tax~et',Staff Repott.d~¢ Location Map Eckerd Drugstore @ Target Commercial Center MSPM 03-003 EXHIBIT "A" / ,/ / ~ NIC iii I II CON~ A~UE EXHBIIT "C" Major Site Plan Modification Project name: Target File number: MSPM 03-003 Reference: 2nd review plans identified as Major Site Plan Modification with a April 1, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: COA 04/21/03 2 DEPARTMENTS INCLUDE REJECT 1. The site plan (sheet S-l) tabular data is incorrect. The required parki~qg for X the Eckerd store is based on gross floor area, not leasable area. Revise the parking data on sheet S-1 to indicate that 124 parking spaces are required for Parcel "A" and 769 parking spaces are required for the entire commercial center. 2. Remove any storage containers or other objects currently kept on site that may X obstruct any parking spaces due to impacts on surplus parking spaces (elimination of 10 spaces). ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 3. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 4. To be determined. MWR/elj S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\MSPM 03-003 @ TargetH ST REVIEW COMMENTS.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: APPLICANT'S AGENT: APPLICANT'S ADDRESS: Eckerd at Target Commercial Center Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc. 5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003 TYPE OF RELIEF SOUGHT: LOCATION OF PROPERTY: DRAWING(S): 33309 Request major site plan modification approval for a pharmacy with drive- through facility on Parcel "A" 1895 North Congress Avenue SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WFAPROJECTS\Eckerd Drugs ProjectsgMSPM 03-003 @ Target~DO.doc Requested City comrmssion Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 V.-CONSENT AGENDA ZTEt4 F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Date Final Form Must be Turned Requested City ComXmssion Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Permit placement of memorial plaques. EXPLANATION: The Boynton Beach Veterans Council has requested permission to place memorial plaques at the base of selected trees in Intracoastal Park. The group is working with the Recreation & Parks Department on a design that will require minimal maintenance and that will not impact the City's regular upkeep of the park. The Veterans Council will be responsible for all the paperwork and accounting that is involved. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: Not permit placement of the plaques. t~ Dep~rtn~Ynt HeadO~'Signature City Manager's Signature Public Affairs Department Name City Attorney / Finance / Human Resources S:\BULLETI~FORMS\AGENDA ITEM REQUEST FORM.DOC 03/1 7t2~3 13:i3 5613695838 1TD~I'~I -~3~- ~1 Mayor Gerry Browning City of Boynton Be.~h At is r~gularly Constitme~ Conf~'~n,.~ of the Boynton B~agh vgt~mns Coungil th, Concept of having Memorial Plaques placed at the bas~ of' selected trees on ~e drlveway Coming into the park was discussed. We are pleased to announce that the concept was unarn~mously accepted by all or,he The Committee consisting of Mr. Robert Zimmerman~ and Mr. Torn Kaiser whz Igave had extensive experienc~ in the area of Veteran Memorials and projects such a~ this, ale looking forward to working with the City of Bo)~ton Beach. There should 1~ no cost or enl~ns~ to the City of Boyulon B~h as all who wish I~ have A Plaque Placed on this Memorial Walk will bear the 0%t of $150.00. We will ~ care On behalf of the Boynton Beach Veterans Council I wish to thank all opf the Mmabers of the City of Boynton Beagh governmcm and our great Mayor J~r~ Broenins. CoC, Roi~ gimm~ Thomas Kaiser Sincerely Rick Prino~. Cllnm VETERANS MEMORIAL DRIVE PLAQUES FOR PALM TREES ON ENTRY DRIVEWAY. 1 JOSEPH P. MILANO .................... BEIRUT LEBAN~ON OCTOBER 23, 1983 2 ROI~ERT W. KAISER ..................U.S.S. TROUT SSI202...FEBRUARY 29,194~. 3 KICK PKINCE FOR HIS BROTHER 4 JEWISH WAR VETERANS POST 440 BOYNTON',BEACH, FL. 5VETERANS OF FOREION WARS POST 10150 LF, iSURI~VLLLE 6 VETERANS OF FOREIGN WARS POST 5335...BOYNTON BEACH FL. 7 BOYNTON VETS COUNCIL....BOYNTON BEACH, FL $ DISABLI~D AMERICAN VETERANS POST 152..DELRAY BEACH, FL 9 AMERICAN LEOION POST ! 64...BOYNTON BEACH, FL 10 AMERICAN LIiOION POS'F 2~IL.BOYNTON BiiACH, FL 11 SONS OF THE AMERICAN LEGION POST 164 BOYNTON BEACH 12 KOREAN WAR VETERANS CHAPTER 17 13 14 15 16 17 18 19 20 21 22 23 24 25 VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FORN1 Requested City Commission Meetinz Dates [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to Cit~ Clerk's Office Meetimz Dates in tO City Qlerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) · April 14, 2003 (Noon) [] July 1,2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a 6 to 1 vote, recotuaiended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-088. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano ~ Boynton (ANNEX 03-001) Paul Bach Beth Peschl West of Congress, North of the L-28 Canal Request to annex a +9.74-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D ~l~len~~nt~u'ector ' C~O Manager's Signature ~'~ - '~Planninl~d ZoningDirector City ^ttomey / Finance / Human Resources S:Wlanning~SI-IARED\WI~PROJECTSXS*nano~ BB~,NEX~$~da Item Request Serrano~Bo~ton ANNEX 03-001 5-6-03.dot S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PROJECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANN]'NG & ZONI'NG DZVZSZON MEMORANDUM NO. PZ 03-088 Chairman and Members Planning and Development Board and Mayor and City Commission Dick Hudson, AICP Senior Planner Michael W. Rumpf Director of Planning and Zoning April 17, 2003 Serrano at Boynton Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-002) To annex the subject property; reclassify from MR-5 Medium Density Residential (Palm Beach County) to Medium Density Residential (City), and rezone from AR-Agricultural Residential to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: PROJECT OE$CRZP'rZON Beth Peschl Paul Bach (Exhibit "A'~ _+9.74 acres MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Medium Density Residential (9.68 du/ac) PUD Planned Unit Development 92 fee-simple townhouses To the northeast, three single family homes in Silverlake Estates Page 2 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northWest, unincorporated property developed with one two story single family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chateclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPGI (Public & Private Governmental/Institutional) and zoned PU Public Use. West: Village of Golf lands designated single family residential and built at a density of 1.31 du/ac. The property immediately adjacent to the subject site consists of one single family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. t4A~FrER/SI'I'E PLAN ANALYS:ZS All. applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. In this instance, the applicant has provided a master plan. The applicant is proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the properly will be provided from Paimland Drive across the L-28 canal, replacing the existing 10 foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the adjacent single family home to the north. This road also forms a loop approximately 120 feet inside _the property boundaries. A one-acre lake occupies the center of the property and a one- quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape buffer completely surrounding the property is also proposed. Design standards proposed with the master plan call for a maximum of six (6) attached units in each building and a maximum height of 35 feet. Lot sizes are to be limited to the home footprint, with yard areas held in common. Building setbacks are as follows: Front: 20 feet to road/drive edge Side (Interior): 7.5 feet Side (Corner): 20 feet to road/drive edge Rear to Buffer or water management tract: 10 feet (25 foot separation) The maximum density allowed by the Medium Density Residential land use classification is 9.58 du/ac, which would provide the developer a maximum of 92 units. Haximum height in all residential zoning districts except R-3 HulU-family Residential is 30 feet. In addition, PUD Page 3 ' File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach regulations require that perimeter buffers within PUDs must mirror those in abutting development. With the proposed 15 foot landscape buffer and the proposed rear setback of l0 feet, the buffer of the Silverlake development is mirrored. The rights,of-way of Palmland Drive and the L-28 Canal, along with the proposed :1.5 foot landscape buffer provide a setback (separation) from the Chateclair development property line of 170 feet. Similarly, the landscape buffer and interior road of the development provide a 75 foot distance from property within the Village of Golf. PROJECT ANALYSIS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. Normally, when an annexation is consistent with the comprehensive plan policies addressing annexaUon and will further the efforts of the city's annexation program through reduction in the number of enclave properties, a full review of the application is not required. Zn this case, however, staff has prepared a full review. The criteria used to review Comprehensive Plan amendments and re. zonings are listed in the Land Development Regulations, Chapter 2, Section 9, ,4dm/n/.~J'al~'on and Enforcement, ]~tem C. Comprehensive P/an ~Imendments: £ezon/ngs. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. Whether the proposed rezoning would be cons/stent w/th applicable comprehensive plan po/lc/es including but not//m/ted to, a prohibi~bn against any increase in dwelling unit density exceeding 50 in the hurricane evacuatYon zone without wrftten approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning deparbnent shall also recommend #mitations or requirement~, which would have to be imposed on subsequent development of the property, in order to comply w/th policies contained in the comprehensive plan. Sec'don VIII Land Use Problems and OpportuniU¢~; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and placed in the Low Density Residentz'a/ land use category. Development of these properS'es should generally be limited to single-family detached dwellings, so as to be compatible with the one-story condominiums which lie to the south and the single-family subdivision lying to the north." Page 4 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach The recommendations of the Land Use Problems and Opportunities are referenced in the Comprehensive Plan in the following policy in the Future Land Use Element: "Policy 1.16.3 The City shall conUnue to enforce the land development regulations to enforce and implement the po#des that regulate the use and intensity, and other charactedsUcs for the development of specific areas, as set forth/n the Land Use Problems and Opportunib'es secO'on of the support documents for this element. Those recommendat/ens contained/n the Land Use Problems and OpportuniUes secUon shall apply, regardless of the status of the City's development regu/aUons, and are hereby incorporated by reference into the Goals, ObjecO'ves, and Policies of this P/an." In 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on South Congress Avenue, was annexed into the City. At that time, the land use was changed from the Palm Beach County land use designation of MR-5 (5 du/ac) to Public and Private Governmental/Institutional (PPGI) and the zoning was changed from AG/USA to PU Public Use. Since that time, the Palm Beach County School District has constructed Crosspointe Elementary School on the property. The school, which opened for the current school year, has a capadty of 970 students. No changes were made to the Problems and Opportunities section to acknowledge this change; however, public schools are allowed in all residential zoning districts. ~[n 1993, a request was submitted for annexation of the present school site with a land use amendment from MR-5 (5 du/ac) to Moderate Density Residential (7.26 du/ac) and rezoning from AR to R-! Single Family Residential to construct 136 dwelling units. A companion text amendment was submitted to change the language of Sub-seCtion 8.d (cited above) to exclude the subject parcel from the section. The City Commission unanimously denied the requests. "ObjecO've 1.19 The City shall evaluate and allow a range of land uses for which the area, /ocaUon, and intensity of these uses provide a full range of housing cho/ces...for both exi~'n9 and projected popu/aUons... '; and, "Policy i. 19.1 The City shall conUnue efforts to encourage a full range of housing choices, by allow/n9 dens/Ues which can accommodate the approximate number and type of dwellings for which the demand has been projected... ~ Proposed development plans for single family attached units on the subject property are generally consistent with current development trends in the City, although the proposed density is almost one-half that requested for those other developments. According to The Development Atlas of Boynton Beach, Florida, releases in May 2002, there are only four (4) parcels of land remaining within the City that are either designated or have potential for residential development and that contain more than 1_0 acres. The three other vacant residential properties designated for residential development, like the subject site, are less than 10 acres and would be considered infill development. Page 5 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach Objeddve 1.17 Minimize nu/sance~, hazards, and other adverse /mpact~ to the general pub//~, to property va/ue~, and to res/denUa/ env/ronment~ by prevenlTh9 or minimizing/and use con#lcd,, and, Po/icy 1.17.5 The City shall conUnue to maintain and improve the character of exisUn9 single-family and lower-density neighborhoods, by prevenUn9 conversions to higher densiUe~, except when cons/stent with adjacent/and uses..." The master plan provided with the rezoning application, and discussed above, shows that adequate buffering, which equals that required in the adjacent PUD, will be provided along the north property line where three single family residences in Silverlake Estates are located. addition, a 75 foot separation is provided on the west from the corporate limits of the Village of Golf. With respect to density, the requested density of 9.58 du/ac is considerable higher than the built densities of the adjacent single family neighborhoods. This circumstance is assumed to be the main premise behind the Comprehensive Plan recommendation for LDR and single family homes on this parcel (see items "b" and "e" below.) Finally, the annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. ];n addiUon, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than l0 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. be Whether the proposed rezonin9 would be contrary to the established land use pattern, or would create an isolated distn'ct unrelated to adjacent and nearby distn'c~, or would constitute a grant of special pdvilege to an individual property owner as contrasted with the proteddon of the public we/fare, and, Whether the proposed rezoning would be compaUble w/th the current and future use of adjacent and nearby properUes, or would affect the property values of adjacent or nearby properUes. The land use designations and zoning districts surrounding this property, while predominately residential, have a wide range of densities both assigned and built. Designated densities for lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 du/ac, while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Medium Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density to the north and the high density to the south. Generally the R-2 Duplex Residential zoning district corresponds with the Medium Density Residential land use designation. Staff, however, sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as being more of a transition between the existing developments. This would permit the development of 70 single family homes (22 fewer than are possible with the requested land use). Development regulations for the zoning districts corresponding to both land use designations have a height limit of 30 feet, whereas in the R-3 Hulti-Family Residential zoning district, which corresponds with the High Density Residential land use, the maximum height is Page 6 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach 45 feet. Other design measures may still be appropriate such as adding to the borders against the single family neighborhoods depending on the final proposed design. c. Whether changed or changing conditions make the proposed rezoning desirable. Even though public schools are a permitted use in all residential districts, the development of the adjacent parcel with a two-story facility with an ultimate capacity of 970 students is a changing condition that does impact all of the adjacent properties. As stated above (Ztem a), since public schools are allowed in all residential land .use designations, this change was not recognized in the Support Documents at the time of the property's annexation, even though it does impact surrounding existing properties. d. Whether the proposed use would be compaUb/e w/th uOl/ty systems, roadways, and other pub/lc f~ci/ilies. In connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 1) 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve unincorporated properties within the subject enclave; and Most enclaves currenUy receive service from the city via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. ]:n addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessary due to the proposed development. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the applicaUon and has determined that adequate capacity exists to accommodate the resident populaUon. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use applicaUon, and must satisfy all requirements of the city and local drainage permitting authorities. f. Whether the property is physically and economically developable under the exisUn9 zoning. Physically, the property is developable for residential development. At the current designated density, however, the small size of the property, its location, adjacent uses and zoning districts, and its physical characteristics may make it infeasible to develop for single family detached Page 7 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach housing, even as a zero lot line development. :[t would also run counter to the current development and market trends in single Family housing. The property is currently located in unincorporated Palm Beach County and has a land use designation of MR-S, which will allow up to Sdu/ac if developed as a Planned Unit Development. The property could also be eligible for the County's Bonus Density Program for Affordable Housing, which could allow a density increase of up to 50%, without a plan amendment il: a percentage of the un/ts are set aside for affordable housing. However, following the 1993 denial by the City for annexation and land use amendment on the adjacent property, the owners of that property applied for this density bonus program in the County and were denied. Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate development in Boynton Beach. Whether the proposed re. zoning is ora scale which is reasonably related to the needs o£ the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the requested land use designation, and while it is higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would more reasonably relate to the needs of the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use,/n distric~ where such use is already allowed. There are only three parcels in the City classified for residential development at densities greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to Palmland Villas, which has a land use designation of High Density Residential (10.8 du/ac). A second 2 acre parcel with a designation of High Density Residential (10.8 du/ac) is a remnant, in Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a court settlement in 1989. Originally limited to development as a Congregate Uving Facility, the courts have recently agreed that they will consider other b/pes of residential development on the site. The land use designaUon is High Density Residential (10.8 du/ac). Aside from these parcels, a similar land use amendment and rezoning would be required for any project of this type to develop in Boynton Beach. ~ZNTERGOVERNMENTAL cOORD];NAT'ZON Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally established to review interjurisdictional land use issues, the ]:ntergovernmental Plan Amendment Review Committee (]:PARC) was established to continue some minimum coordination among participating local governments in the county. This organization includes a conflict resolution program to facilitate the eady discussion and resolution of land use disputes. :[t is anticipated that the Village of Golf will submit a formal objection to the proposed land use amendment through the :[PARC. ]:f the objection is filed, prior to ordinance adoption by the City Page 8 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach Commission, ;[PARC would assemble a "fact-finding panel" to review ~he facts and generate a position on the proposed amendment. This position would be forwarded to the city for consideration during its review. Staff: understands the principal object[0ns to be the proposed density and potential heights, as being incompatible with the Iow density development within the Village of Golf. The existence of this adjacent land use and how the two properties relate is described in this report. CONCLUSTONS / RECOM M ENDA33:ON$ As indicated herein, this request is not consistent with .the recommendation of the Problems and Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan. :In addition, a land use amendment request for single family detached residential development at a lower density was previously denied by the City Commission for property immediately east of the subject property based on the Comprehensive Plan recommendations and adjacent land use characteristics compared to the proposed project. While the amendment will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will contribute to the overall economic development of the City, staff cannot recommend that the subject request be approved. ~[f the request is approved, there should be a requirement that staff: initiate an amendment to the cited Sub-section 8.d of the support documents for the 1989 City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent with this review, would be transmitted to the state as a large scale amendment and likely be adopted in December. ];n addition, any conditions of approval recommended by the Planning and Development Board or the City Commission will be included as Exhibit "B". J:~,SHRDATA~PIan~Ing~.qHAR~O\Wi~PRO~~ BSV. L,LAR~TAFF RP. PORT Location' Map Serrano at Boynton Beach Exhibit "A" U PU PU PU REC 800 800 Feet Requested City Commission Meeting Da~s [] April 1,2003 [] ApfillS, 2003 [] May 6, 2003 [] May20,2003 VIII.-PUBLIC HEARING ITEM B. I CITY OF BOYNTON BEAC AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31,2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Off~ce [] June 2, 2003 May 19, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a 4 to 3 vote recommended that the subject request be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-088. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano ~ Boynton (LUAR 03-002) Paul Bach Beth Peschl West of Congress, North of the L-28 Canal Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MeDR). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES.~ ~/~ N/A Devel<~mem De~a-rtr~e~t ~ir~ctor City Manager's Signature ~ v -- Pl~rthing and Zon~g'Dh:ect& . City Attorney / Finance / Human Resources S:XPlanningXSHARED\WPXPROJECTS~Serrano~ BBXLUAR~Agenda Item Request Serrano~Boynton LUAR 03-002 Land Use 5-6-03.dot S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PRO.1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANN1'NG & ZON?NG DZVZSTON MEMORANDUM NO. PZ 03-088 Chairman and Members Planning and Development Board and Mayor and City Commission Dick Hudson, AICP Senior Planner Michael W. Rumpf Director of Planning and Zoning April 17, 2003 Serrano at Boynton Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-002) To annex the subject property; reclassify from MR-5 Medium Density Residential (Palm Beach County) to Medium Density Residential (City), and rezone from AR-Agricultural Residential to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: PRO3ECT DESCR]'PTZON Beth Peschl Paul Bach (Exhibit "A") +9.74 acres MR-5 (Palm Beach County) (3-5 dwelling units per acre [du/ac]) AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Medium Density Residential (9.68 du/ac) PUD Planned Unit Development 92 fee-simple townhouses To the northeast, three single family homes in Silverlake Estates Page 2 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one two story single family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 I~lulti-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chateclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPG]: (Public & Private Governmental/]:nstitutional) and zoned PU Public Use. West: Village of Golf lands designated single family residential and built at a density of 1.31 du/ac. The property immediately adjacent to the subject site consists of one single family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. t4ASTER/$1TE PLAN ANALYS]:S All applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. ]:n this instance, the applicant has provided a master plan. The applicant is proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the property will be provided from Palmland Drive across the L-28 canal, replacing the existing 10 foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the adjacent single family home to the north. This road also forms a loop approximately 120 feet inside.the property boundaries. A one-acre lake occupies the center of the property and a one- quarter acre recreation site is at the southwest corner of the loop road. A 15 foot landscape buffer completely surrounding the property is also proposed. Design standards proposed with the master plan call for a maximum of six (6) attached units in each building and a maximum height of 35 feet. Lot sizes are to be limited to the home footprint, with yard areas held in common. Building setbacks are as follows: Front: 20 feet to road/drive edge Side (]~nterior): 7.5 feet Side (Corner): 20 feet to road/drive edge Rear to Buffer or water management tract: 10 feet (25 foot separation) The maximum density allowed by the Medium Density Residential land use classification is 9.58 du/ac, which would provide the developer a maximum of 92 units. Maximum height in all residential zoning districts except R-3 Multi-family Residential is 30 feet. ]:n addition, PUD Page 3 ~" File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach regulations require that perimeter buffers within PUDs must mirror those in abutting development. With the proposed 15 foot landscape buffer and the proposed rear setback of 10 feet, the buffer of the Silverlake development is mirrored. The rights-of-way of Palmland Drive and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback (separation) from the Chateclair development property line of 170 feet. Similarly, the landscape buffer and interior road of the development provide a 75 foot distance from property within the Village of Golf. P RO3 ECT ANALYSIS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records ("large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. CurrenUy, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reducing them below the 10-acre threshold. Normally, when an annexation is consistent with the comprehensive plan policies addressing annexation and will further the efforts ofthe city's annexation program through reduction in the number of enclave properties, a full review of the application is not required. In this case, however, staff has prepared a full review. The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Section 9, Adm/n/strafion and Enforcement, Item C. Comprehens/ve P/an Amendments: Rezon/ngs. These criteda are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map. Whether the proposed rezoning would be cons/stent with applicable comprehensive plan policies including but not limited to, a prohibition against any increase in dwelling unit density exceeding 50 in the hurricane evacuation zone without written approval of the Palm Beach County Emergency Planning Division and the City's risk manager. The planning department shall a/so recommend Iimita~'ons or requirements, which would have to be imposed on subsequent development of the property, in order to comply with po/ides contained in the comprehensive plan. Section V~:I:I Land Use Problems and Opportunities; found in the support documents for the 1989 City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and p/aced /n the Low Density Res/dent/a/land use category. Development of these properb'es should generally be/irn/ted to sing/e-fam//y detached dwellings, so as to be compatible w/th the one-story condominiums which lie to the south and the single-family subdivision lying to the north." Page 4 File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach The recommendations of the Land Use Problems and Opportunities are referenced in the Comprehensive Plan in the following policy in the Future Land Use Element: Poi~o/1.16. 3 The City shall continue to enforce the land development regulations to enforce and implement the po#des that regulate the use and intensity, and other character/st/cs for the development of specific areas, as set forth/n the Land Use Problems and Opportunities section of the support documents for this element. Those recommendations contained in the Land Use Problems and Opportunities section shall apply, regard/ess of the status of the City's development regu/a~bns, and are hereby incorporated by reference into. the Gods, Objectives, and Po#c/es of this Plan." In 2001, one of the parcels making up this enclave, the 18.56 acres of property fronting on South Congress Avenue, was annexed into the City. At that time, the land use was changed from the Palm Beach County land use designation of MR-5 (5 du/ac) to Public and Private Governmental/Institutional (PPG]:) and the zoning was changed from AG/USA to PU Public Use. Since that time, the Palm Beach County School District has constructed Crosspointe Elementary School on the property. The school, which opened for the current school year, has a capacity of 970 students. No changes were made to the Problems and Opportunities section to acknowledge this change; however, public schools are allowed in all residential zoning districts. In 1993, a request was submitted for annexation of the present school site with a land use amendment from MR-5 (5 du/ac) to Moderate Density Residential (7.26 du/ac) and rezoning from AR to R-1 Single Family Residential to construct 136 dwelling units. A companion text amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude the subject parcel from the section. The City Commission unanimously denied the requests. "Objective 1.19 The City shall evaluate and allow a range of land uses for which the area, location, and intensity of these uses provide a full range of housing choices...for both ex/sting and projected populations... '<, and, "Policy 1.19.1 The City shall continue efforts to encourage a full range of housing choices, by a/lowing densities which can accommodate the approximate number and type of dwd#ngs for which the demand has been projected..." Proposed development plans for single family attached units on the subject property are generally consistent with current development trends in the City, although the proposed density is almost one-half that requested for those other developments. According to The Development Atlas of Boynton Beach, Florida, releases in May 2002, there are only four (4) parcels of land remaining within the City that are either designated or have potential for residential development and that contain more than 10 acres. The three other vacant residential properties designated for residential development, like the subject site, are less than 10 acres and would be considered infill development. Page 5 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach Object'ye 1.17 Minimize nuisances, hazards, and other adverse impacts to the genera/ pub#c, to property values, and to res/denLT'a/ environments by preventing or minimizing/and use conrT/cts;, and, Polio/1.17.5 The City shall continue to maintain and improve the character of ex/sOng single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when cons/stent with adjacent/and uses..." The master plan provided with the rezoning application, and discussed above, shows that adequate buffering, which equals that required in the adjacent PUD, will be provided along the north property line where three single family residences in Silverlake Estates are located. addition, a 75 foot separation is provided on the west from the corporate limits of the Village of Golf. With respect to density, the requested density of 9.58 du/ac is considerable higher than the built densities of the adjacent single family neighborhoods. This circumstance is assumed to be the main premise behind the Comprehensive Plan recommendation for LDR and single family homes on this parcel (see items "b" and "e" below.) Finally, the annexation of this parcel is consistent with policies within the comprehensive plan dealing with annexation. ]:n addition, the annexation of the subject property will further the efforts of the annexation program through reduction in the number or size of enclave properties. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres, and to incrementally annex enclave properties with the intent to reducing them below the 10-acre threshold. Whether the proposed rezoning would be contrary to the established land use pattern, or would create an isolated d/stn'ct unrelated to adjacent and nearby districts, or would consb'tute a grant of spec/al pr/v/lege to an individual property owner as contrasted with the protect/on of the public we/fare, and, Whether the proposed rezoning would be compatible w/th the current and future use of adjacent and nearby properties, or would affect the property values of adjacent or nearby proper~'es. The land use designations and zoning districts surrounding this property, while predominately residential, have a wide range of densities both assigned and built. Designated densities for lands within the City of Boynton Beach near this property range from 4.84 du/ac to 10.8 du/ac, while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Medium Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density to the north and the high density to the south. Generally the R-2 Duplex Residential zoning district corresponds with the Medium Density Residential land use designation. Staff, however, sees a land use designation of Moderate Density Residential, with a density of 7.26 du/ac as being more of a transiUon between the existing developments. This would permit the development of 70 single family homes (22 fewer than are possible with the requested land use). Development regulations for the zoning districts corresponding to both land use designations have a height limit of 30 feet, whereas in the R-3 Multi-Family Residential zoning district, which corresponds with the High Density Residential land use, the maximum height is Page 6 File Number: LUAR 03-002JANEX 03-001 Serrano at 8oynton Beach 45 feet. Other design measures may still be appropriate such as adding to the borders against the single family neighborhoods depending on the final proposed design. c. Whether changed or changing condit/ons make the proposed rezon/ng des/rab/e. Even though public schools are a permitted use in all residential districts, the development of the adjacent parcel with a two-story facility with an ultimate capacity of 970 students is a changing condition that does impact all of the adjacent properties. As stated above (Item a), since public schools are allowed in all residential land use designations, this change was not recognized in the Support Documents at the time of the property's annexation, even though it does impact surrounding existing properties. d. Whether the proposed use would be compatib/e w/th ut//ity systems, roadways, and other pub//¢ fa¢///~'es. ]:n connection with previous annexation studies, departments most affected by annexations (e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to service capability and costs. All opinions previously collected from these departments supported the incremental annexation of enclaves. These opinions have been based on the following: 2) 3) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve unincorporated properties within the subject enclave; and Host enclaves currently receive service from the city via the mutual aid agreement (Police and Fire/EHS only). The Palm Beach County Traffic Engineering Department has reviewed the applicant's traffic study and verified that capacity exists on Congress Avenue to accommodate this proposed amendment. In addition, the City's Director of Public Works has determined that no improvements to Palmland Drive will be necessary due to the proposed development. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capacity exists to accommodate the county's municipalities throughout the 10-year planning period. The School District of Palm Beach County has reviewed the application and has determined that adequate capacity exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of the review of the conditional use application, and must satisfy all requirements of the city and local drainage permitting authorities. f. Whether the property is physica//y and econorn/cally deve/opab/e under the exis~'ng zoning. Physically, the property is developable for residential development. At the current designated density, however, the small size of the property, its location, adjacent uses and zoning districts, and its physical characteristics may make it infeasible to develop for single family detached Page 7 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach housing, even as a zero lot line development. It would also run counter to the current development and market trends in single family housing. The property is currently located in unincorporated Palm Beach County and has a land use designation of MR-5, which will allow up to 5du/ac if developed as a Planned Unit Development. The property could also be eligible for the County's Bonus Density Program for Affordable Housing, which could allow a density increase of up to 50%, without a plan amendment if a percentage of the units are set aside for affordable housing. However, following the 1993 denial by the City for annexation and land use amendment on the adjacent property, the owners of that property applied for this density bonus program in the County and were denied. Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate development in Boynton Beach. Whether the proposed rezoning is ora scale which is reasonably related to the needs of the neighborhood and the city as a whole. Criteria for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan policies. As indicated above, ample capacity exists to serve the maximum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the requested land use designation, and while it is higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would more reasonably relate to the needs of the neighborhood and the City. h. Whether there are adequate sites elsewhere in the city for the proposed use, in districts where such use is already allowed. There are only three parcels in the City classified for residential development at densities greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to Palmland Villas, which has a land use designation of High Density Residential (10.8 du/ac). A second 2 acre parcel with a designation of High Density Residential (10.8 du/ac) is a remnant, in Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a court settlement in 1989. Originally limited to development as a Congregate Uving Facility, the courts have recently agreed that they will consider other types of residential development on the site. The land use designation is High Density Residential (10.8 du/ac). Aside from these parcels, a similar land use amendment and rezoning would be required for any project of this type to develop in Boynton Beach. ZNTERGOVERNMENTAL ¢00RDZNA'i-'ZQ~u Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally established to review interjurisdictional land use issues, the ]~ntergovernmental Plan Amendment Review Committee (]:PARC) was established to continue some minimum coordination among participating local governments in the county. This organization includes a conflict resolution program to facilitate the early discussion and resolution of land use disputes. ]:t is anticipated that the Village of Golf will submit a formal objection to the proposed land use amendment through the ]:PARC. ]:f the objection is filed, prior to ordinance adoption by the City Page 8 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach Commission, ][PARC would assemble a "fact-finding panel" to review the facts and generate a position on the proposed amendment. This position would be forwarded to the city for consideration during its review. Staff understands the principal objections to be the proposed density and potential heights, as being incompatible with the Iow density development within the Village of Golf. The existence of this adjacent land use and how the two properties relate is described in this report. CONCLUS1~ONS/RECOHMENDA'FIONS As indicated herein, this request is not consistent with -the recommendation of the Problems and Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan. ][n addition, a land use amendment request for single family detached residential development at a lower density was previously denied by the City Commission for property immediately east of the subject property based on the Comprehensive Plan recommendations and adjacent land use characteristics compared to the proposed project. While the amendment will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan; may be compatible with adjacent land uses and will contribute to the overall economic development of the City, staff cannot recommend that the subject request be approved. ][f the request is approved, there should be a requirement that staff initiate an amendment to the cited Sub-section 8.d of the support documents for the 1989 City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent with this review, would be transmitted to the state as a large scale amendment and likely be adopted in December. ][n addition, any conditions of approval recommended by the Planning and Development Board or the City Commission will be included as Exhibit "B". .i:\SHRDATA\P~nnlng\$HARED\WI~PRO.1EC~ BB\LUAR'~rAF'F REPORT NEW.doc Location' Map Serrano at Boynton Beach Exhibit "A" PU PU PU REC 800 800 FNt Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 VIII.-PUBLIC HEARING ITEM B. CITY OF BOYNTON BEA( AGENDA ITEM REQUEST FORM Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 3 l, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June 2, 2003 [] June 17, 2003 [] July l, 2003 [] July 15,2003 Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) June 2, 2003 (Noon) June 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Busmess [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a 4 to 3 vote recommended that the subject requests be denied. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-088. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Serrano ~ Boynton (LUAR 03-002) Paul Bach Beth Peschl West of Congress, North of the L-28 Canal Request to rezone a 9.74-acre parcel from AR (Palm Beach County) to Planned Unit Development (PUD). PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: .~! N/A D evel61~enfD epa*rtm~ni-ISire~or Planning and Zot~g lJi~ector City Attorney / Finance / Human Resources J:XSHRDATAXPlanningXSHARED\WPXPROJECTSXSerrano~ BBXLUARXAgenda Item Request Serrano~Boynton LUAR 03-002 Rezone 5-6-03.dot S:~BULLETINXFORMSX~AGENDA ITEM REQUEST FORM.DOC TO: FROM: THROUGH: DATE: PRO.,1ECT NAME/NUMBER: REQUEST: DEVELOPMENT DEPARTMENT PLANNTNG & ZONZNG DI'V'~SZON MEMORANDUM NO. PZ 03-088 Chairman and Members Planning and Development Board and Mayor and City Commission Dick Hudson, A[CP Senior Planner Michael W. Rumpf Director of Planning and Zoning April 17, 2003 Serrano at Boynton Beach Annexation (ANEX 03-001) and Land Use Amendment/Rezoning (LUAR 03-002) To annex the subject property; reclassify from MR-5 Medium Density Residential (Palm Beach County) to Medium Density Residential (City), and rezone from AR-Agricultural Residential to PUD Planned Unit Development Property Owner: Applicant/Agent: Location: Size: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Use: Adjacent Uses: North: PRO3ECT DE$¢RZPTZON Beth Peschl Paul Bach ~ (Exhibit "A'9 _+9.74 acres MR-$ (Palm Beach County) (3-5 dwelling units per acre [du/ac]) AR-USA, Agricultural-Residential in the Urban Services Area (Palm Beach County) Medium Density Residential (9.68 du/ac) PUD Planned Unit Development 92 fee-simple townhouses To the northeast, three single family homes in Silvedake Estates Page 2 C; File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach designated Low Density Residential (LDR) at 4.84 du/ac and zoned PUD Planned Unit Development. Actual built density of the PUD is 2.04 du/ac. To the northwest, unincorporated property developed with one two story single family residence designated MR-5 (Medium Density Residential at 5 du/ac) and zoned AR-USA, Agricultural Residential in the Urban Services Area. South: Immediately south are the rights-of-way of the Lake Worth, Drainage District L-28 Lateral Canal and Palmland Drive, then developed residential (Chanteclair Villas Condominiums) designated HDR (High Density Residential at 10.8 du/ac) and zoned R-3 Multi-family Residential (10.8 du/ac). Actual built density of the duplex unit development is 7.42 du/ac. To the west of Chateclair Villas is the Palmland Villas development with a built density of 8.57 du/ac. East: Developed Elementary (Crosspointe) School designated PPGI (Public &Pdvate Governmental/Institutional) and zoned PU Public Use. Village of Golf lands designated single family residential and built at a density of 1.31 du/ac. The property immediately adjacent to the subject site consists of one single family home on a 1.6 acre parcel and a portion of a vacant parcel of 4.5 acres. I~IASTER/$1'I'E PLAN ANALY$!_~ All-applications for a rezoning to a PUD Planned Unit Development must be accompanied by a master/site plan. In this instance, the applica?it has provided a master plan. The applicant is proposing a development of 98 fee simple town homes. A 70 foot wide entrance road to the property will be provided from Paimland Drive across the L-28 canal, repladng the existing 10 foot wide ingress/egress easement, and a 40 foot road continues north, providing access to the adjacent single family home to the north. This road also forms a loop approximately 120 feet inside the property boundaries. A one-acre lake occupies the center of the property and a one- quarter acre recreation site is at the southwest comer of the loop road. A 15 foot landscape buffer completely surrounding the property is also proposed. Design standards proposed with the master plan call for a maximum of six (6) attached units in each building and a maximum height of 35 feet. Lot sizes are to be limited to the home footprint, with yard areas held in common. Building setbacks are as follows: Front: 20 feet to road/drive edge Side (Interior): 7.5 feet Side (Comer): 20 feet to road/drive edge Rear to Buffer or water management tract: 10 feet (25 foot separation) The maximum density allowed by the Medium Density Residential land use classification is 9.58 du/ac, which would provide the developer a maximum of 92 units. Maximum height in all residential zoning distrfcts except; R-3 Multi-family Residential is 30 feet. In addition, PUD Page 3 File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach regulations require that perimeter buffers within PUDs must mirror those in abutting development. With the proposed 15 foot landscape buffer and the proposed rear setback of l0 feet, the buffer of the Siivertake development is mirrored. The rights:of-way of Palmland Drive and the L-28 Canal, along with the proposed 15 foot landscape buffer provide a setback (separation) from the Chatedair development property line of 170 feet. Similarly, the laodscape buffer and interfor road of the development provide a 75 foot distance from property within the Village of Golf. ! PRO3ECT ANALYSZS This property is less than 10 acres in size, and therefore this proposed amendment to the comprehensive plan is considered a "small-scale" amendment and is not subject to "compliance review" by the Florida Department of Community Affairs (DCA). This means that the proposed amendment, if approved by the city, will be adopted, then forwarded to the DCA for their records C'large-scale" amendments cannot be adopted until reviewed for consistency by the DCA). State annexation law allows the annexation of enclaves that are less than 10 acres without the consent of property owners; however, in this instance, the annexation is at the request of the property owner. Currently, objectives of the annexation program include annexing all enclaves less than 10 acres in all areas of the City that meet adopted level-of-services standards, and incrementally annexing enclave properties with the intent to reducing them below the lO-acre threshold. Normally, when an annexation is consistent with the comprehensive plan policies addressing annexation and will further the efforts of the city's annexation program through reduction in the number of enclave properties, a full review of the application is not required. In this case, however, staff has prepared a full review. The criteria used to review Comprehensive Plan amendments and re. zonings are listed in the Land Development Regulations, Chapter 2, Se~'~don 9, Adm/n/5~'ab'on and En£orcemen¢ item C. Comprehensive Plan Amendments: £ezonings. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Hap. Whe~er the proposed rezon/ng would be cons/stent w/th applicable comprehensive p/an po//de~ including but not//m/ted to, a proh/b/b'on against any/no'ease/n dwelling unit dens/b/exceeding SO/n the hurrfcane evacuat]'on zone without wrftten approval of the Palm 8each County EmerFency Planning D/~s/on and the O~y~s ?fs/c manager. The planning depar~nent shall a/so recommend//m/tat]'ons or requ/rement:~? which would have to be imposed on subsequent development of the prope.r~y, /n or, er to comply w/th po/lc/es contained/n the comprehensive p/an. Section VIII Land Use Problems and OoportunitiPq; found in the support documents for the lg8g City of Boynton Beach Comprehensive Plan. Sub-section 8.d. of that document states: "These parcels should be annexed and p/aced in the Low Density Residential land use category. Development o£ these properties should generally be//m/ted to single-family detached dwellings, so as to be compab'b/e w/th the one-story condomn/ums which lie to the south and the s/ng/e-Pami/y subdivision lying to the north. ~ Page 4 File Number: LUAR 03-002/ANEX 03-001 Serrano at 8oynton Beach The recommendations of the Land Use Problems and Opportunities are referenced in ~he Comprehensive Plan in the following policy in the Future Land Use Element: "Po~icy 1.1G.3 The Ob/shall conUnue to enforce the land development regulatzbns to enforce and implement the po/ides that regulate the use and intensity, and other charactedsUcs for the development of spedtfc areas, as set forth in the Land Use Problems and OpportuniUes sec~bn of the support documen~ for this element. Those recommendatzbns contained in the Land Use Problems and OpportuniUes secUon shall apply, regard/ess of the status of the City's development regu/atzbns, and are hereby incorporated by reference into the Goals, Object'yes, and Po/ides of this Plan." "Policy !.I9. I In 2001, one of the parcels maldng up this enclave, the 18.56 acres of property fronting on South Congress Avenue, was annexed into the Ob/. At that time, the land use was changed from the Palm Beach Counb/land use designation of MR-S (5 du/ac) to Public and Private Governmental/Institutional (PPGI) and the zoning was changed from AG/USA to PU Public Use, Since that time, the Palm Beach Counb/School Disbic~ has constructed Crosspointe Elementary School on the property. The school, which oPened for the current school year, has a capadb/ of 970 students. No changes were made to the Problems and Opportunities sectio~ to acknowledge this change; however, public schools are allowed in all residential zoning districts. In 1993, a request was submitted for annexation of the present school site with a land use amendmenl: from MR-5 (5 du/ac) to Moderate Dens/b/Residential (7.26 du/ac) and rezoning from AR to R-1 Single Family Residential to cons~ct 136 dwelling units. A companion text amendment was submitted to change the language of Sub-section 8.d (cited above) to exclude the subject parcel from the section. The Cib/Commission unanimously denied the requests. "ObjecUve I. I9 The Ob/shall evaluate and allow a range of/and uses for which the area, Iocatzbn, and/ntendb/of these uses prowde a full range of houdn9 cho/ces...for both exim'n9 and projected popu/abbns... ", and, The Ob/shall cenUnue effort~ to encourage a full range of houdn9 choices, by allow/n9 dendUes which can accommodate the approximate number and type of dwel#ngs for which the demand has been proiected, oo ' Proposed development plans for single family a~tached units on the subject property are generally consistent with current development b'ends in the Cib/, although the proposed densib/ is almo~ one-half that requested for those other developments. According to The Development Al~as of Boynton Beach, Florida, releases in May 2002, there are only four (~,) parcels of land remaining within the Cib/that are either designated or have pof:enlJal for residential development and that contain more than 10 acres. The three other vacant residential properties designated for residential development, like the subject site, are less than 10 acres and would be considered infill development. Page 5 File Number: LUAR 03-002/ANEX 03-00! Serrano at Boynton Beach Objeda've 1.17 Minimize nuisances, hazards, and other adverse impacts to the general public, to property values, and to reddential environments by prevent~'n9 or minimi~'ng /and use con#icrc, and, Po/icy 1.17.5 The Oty shall condnue to maintain and improve the character of ex/sOng tingle-family and lower-density neighborhoods, by preventing conversions to higher dens/Des, except when cons/stent with adjacent land us~e... " The master plan provided with the rezoning application, and discussed above, shows that adequate buffering, which equals that required in the adjacent PUD, will be provided along the north property line where three single family residences in Silverlake Estates are located. In addition, a 75 foot separation is provided on the west fi-om the corporate limits of the Village of Golf. With respect ~o density, the requested density of 9.58 du/ac is considerable higher than ~he built densities of the adjacent single family neighborhoods. This drcumstance is assumed to be the main premise behind the Comprehensive Plan recommendation for LDR and single family homes on this parcel (see items "b" and "e" below.) Finally, the annexation of this parcel is consistent with polides within the comprehensive plan dealing with annexation. ]:n addition, the annexation of the subject property will further the efforts of the annexation program through reduCdon in the number or size of enclave properties. Currently, objectives of the annexation program include annex/ng all enclaves less than 10 acres, and 133 incrementally annex enclave properties with the intent to reducing them below the ].O-acre threshold. Whether the proposed rezoning would be conb-ary to the established land use pattern, or would create an/so/ated dis~n'ct unrelated to adjacent and nearby disLn'cts, or would conso'tute a gr~nt of special privilege to an individual property owner as contrasted with the protecb'on of the pub#c welfare, and, Whether the proposed rezoning would be compaO'b/e with the current and future use of adjacent and nearby properb'e$, or would affect the property values of adjacent or nearby properties. The land use designations and zoning districts surrounding this properLy, while predominately residential, have a wide range of densities both assigned and built. Designated densities for lands within the Cib/of Boynton Beach near this property range from ~,.84 du/ac to Z0.8 du/ac, while actual built densities range 2.04 du/ac to 8.57. The request for a designation of Hedium Density Residential, at a density of 9.86 du/ac is arguably a transition between the Iow density to the north and the high density to the south. Generally the R-2 Duplex Residential zoning district corresponds with the Hedium Density Residential land use designation. SL-aff, however, sees a land use designation of Moderate Density Residential, with a dens/b/of 7.26 du/ac as being more of a transition beb~een the existing developments. This would permit the development of 70 single family homes (22 fewer than are possible with the requested land use). Development regulations for the zoning dist~cts corresponding to both land use designations have a height limit of 30 feet, whereas in the R-3 Multi-Family Residential zoning district, which corresponds with the High Density Residential land use, the maximum height is Page 6 .. File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach 45 feet. Other design measures may still be appropriate such as adding to the borders against the single family neighborhoods depending on the final proposed design. c. Whether changed or changing condibbn$ make the proposed rezoning desirable. Even though public schools are a permitted use in all residential districts, the development of the adjacent parcel with a ~wo-story facility with an ultimate capadty of, 970 students is a changing condition that does impact all of the adjacent properties. As stated above (]:ter~ a), since public schools are allowed in all residential land use designations, this change was not recognized in the Support Documents at the time of the property's annexation, even though it does impact surrounding existing properties. d. Whether the proposed use would be compaO'b/e w/th uO'/ity 5ystem~, roadways, and other public i~d//Ee~. In conneddon with previous annexaUon studies, departments most affected by annexaUons (e.g. Police, Fire, and Public Works), have been surveyed for issues 'related to servfce capability and costs. All opinions previously collected from these departments supported the incremental annexaUon of' enclaves. These opinions have been based on the following: 2) The enclaves are all immediately adjacent to areas within the city that currently receive urban services; Ample service capacity exists to serve unincorporated properties within the subject endave; and Host endaves currently receive service from the db/via the mutual aid agreement (Police and Fire/EMS only). The Palm Beach County Traffic Engineering D~artment has reviewed the applicant's traffic study and verified that capadty exists on Congress Avenue to accommodate this proposed amendment. ]:n addition, the City's Director of, Public Works has determined that no improvements to Palmland Ddve will be necessary due to the proposed development. With respect to solid waste, in a letter dated December 18, 2001 the Palm Beach County Solid Waste Authority has stated that adequate capadty exists to accommodate the county's munidpalities throughout the 10-year planning period. The School District of' Palm Beach County has reviewed the application and has determined that adequate capadty exists to accommodate the resident population. Lastly, drainage will also be reviewed in detail as part of, the review of the conditional use application, and must satisfi/all requirements of, the city and local drainage permitting authorities. f. Whether the property/sphysically and economically developable under the exi~'dng zoning. Physically, the property is developable for residential development At the current designated density, however, the small size of the property, its location, adjacent uses and zoning districts, and its physical characteristics may make it inf,easible to develop for single family detached Page 7 File Number: LUAR 03-002/ANEX 03-00! Serrano at Boynton Beach housing, even as a zero lot line development. [t would also run counter to the current development and market trends in single family housing. The property is currently located in unincorporated Palm Beach County and has a land use designation of MR-5, which will allow up to 5du/ac if developed as a Planned Unit Development. The property could also be eligible for the County's Bonus Density Program for Affordable Housing, which could allow a density increase of up to 50%, without a plan amendment if a percentage of the units are set aside for affordable housing. However, following the I99B denial by the City for annexation and land use amendment on the adjacent property, the owners of that property applied for this density bonus program in the County and were denied. Due to it being an enclave, the City staff would continue to endorse its annexation and ultimate development in Boynton Beach. g. Whether the proposed rezoning /s o£ a scale which/s reasonably related to the needs o£ the ne/ghborhood and the c/b/ as a whole. Crfteda for evaluating the benefits of the proposed development to the needs of the neighborhood and the City include service demands, density, use, value and consistency with Comprehensive Plan polities. As indicated above, ample capadty exists to serve the maxfmum potential service needs generated by the proposed project. The proposed density is consistent with that allowed by the requested land use designation, and while it is higher than that of the single-family residential property to the north, it is similar to that of the adjacent developed property to the south. However, it is staff's opinion that if built at 7.26 du/ac, the project would more reasonably relate to the needs of the neighborhood and the Qty. h. Whether there are adequate site~ elsewhere in the c/b/ for the proposed use, in dis~7'c~ w~ere such use is a/ready a/lowed. There are only three parcels in the' City classified for resid~i~tiai development at densities greater than 4.84 du/ac. One of these is the 3.7 acre vacant parcel remaining adjacent to Palmland Villas, which has a land use designation of High Density Residential (:~0.8 du/ac). A second 2 acre parcel with a designation of High Density Residential (:[0.8 du/ac) is a remnant, in Christian Villas. The third parcel is a 4.7 acre parcel on Golf Road that was the subject of a court settlement in ~.989. Originally limited to development as a Congregate Uving Facility, the courts have recently agreed that they will consider other types of residential development on the site. The land use designation is High Density Residential (:[0.8 du/ac). Aside from these parcels, a similar land use amendment and rezoning would be required for any project of this type to develop in Boynton Beach. INTERGOVERNMENTAL COORDINATIO!u Following the "sun-setting" of the Palm Beach Countywide Planning Council, originally established to review interjudsdictional land use issues, the Intergovernmental Plan Amendment Review. Committee ([PARC) was established to continue some minimum coordination among participating local governments in the county. This organization includes a conflict resolution program to fadlitate the eady discussion and resolution of land use disputes. It is antidpated that the Village of Golf will submit a formal objection to the proposed land use amendment through the [PARC. If the objection is filed, prior to ordinance adoption by the City Page 8 ..... File Number: LUAR 03-002/ANEX 03-001 Serrano at Boynton Beach Commission, IPARC wOuld assemble a "fact-finding panel" to review the facts and generate a posiUon on the proposed amendment. This position would be forwarded to the db/for consideration during its review. Staff understands the prindpal objections to be the proposed densib/and potenUal heights, as being incompaUble with the Iow density development within the Village of Golf. The existence of this adjacent land use and how the two properties relate is described in this report. CONCLUS:[ONS / RECOMMENDA'rZON~ ,, As indicated herein, this request is not consistent witi~.the recommendation of the Problems and Opportunities Section and therefore not consistent with the intent of the Comprehensive Plan. In addition, a land use amendment request for single family detached residential development at a lower density was previously denied by the City Commission for property immediately east of the subject property based on the Comprehensive Plan recommendations and adjacent land use characteristics compared to the proposed project. While the amendment will not create additional impacts on infrastructure that have not been antidpated in the Comprehensive Plan; may be compatible with adjacent land uses and will contribute to the overall economic development of the City, staff cannot recommend that the subject request be approved. ];f the request is approved, there should be a requirement that staff initiate an amendment to the cited Sub-seddon 8.d of the support documents for the 1989 City of Boynton Beach Comprehensive Plan. This additional application, if filed concurrent wfth this review, would be transmitted to the state as a large scale amendment and likely be adopted in December. In addition, any conditions of approval recommended by the Planning and Development Board or the Cib/Commission will be included as Exhibit "B". CITY OF BOYNTON BEAC} VIII.-PUBLIC HEARING AGENDA ITEM REQUEST FO] ITEM C. Requested City Commission Meeting Dates [] April 1, 2003 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31,2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June2,2003 [] June 17, 2003 [] July 1,2003 [] July 15, 2003 Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) June 2, 2003 (Noon) June 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consem Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Public Hearing. The Planning and Development Board with a unanimous vote, recommended that the subject request be approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-086. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Eckerd Drugs ~ Target (COUS 03-001) Erik Wilczek, P.E., Kimley-Hom & Associates, Inc. Andrew Berger, American Development Corp. 1895 N. Congress Avenue, Target Shopping Center Request for conditional use approval for a drive-through facility in an existing 11,786 square foot building on a 2.27-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A D eve 1 o~n~ n~ 'D e~-taTnin~ Director Planmng ~d Zo~g Dkector City Attorney / Finance / Human Resources S:WlanningXSHARED\WPLPROJECTSWva:kerd Drugs Projects\COUS 03-001 ~ Target~Agenda Item RequestEckerd Drugs~Target COUS 03-001 5-6- 03 .dot S:XBULLETIN~ORMS~,GENDA ITEM REQUEST FORM.DOC TO: TH RU: FROM: DATE: PROJECT: REQUEST: DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-086 Chairman and Members Planning & Development Board Eric Lee Johnson, AICP Planner Michael Rumpf Director of Planning and Zoning April 17, 2003 Eckerd @ Target Commercial Center / COUS 03-001 Conditional Use approval for a drive-through facility Property Owner: Applicant/Agent: Location: Existing Land Use/Zoning: Proposed Land Use/Zoning: Proposed Use: Acreage: Adjacent Uses: North: South: East: PRO.,1ECT DE~;CRZPTLON Andrew Berger / American Development Corporation Erik J. Wilczek/Kimley-Horn and Associates, Inc. 1895 North Congress Avenue (see Exhibit "A'- Location Map) Local Retail Commercial (LRC) / Community Commercial (C-3) No change proposed Pharmacy with drive-through facility 98,745 square feet / 2.27 acres Remainder of Target shopping plaza, zoned Community Commercial (C-3), farther north is right-of-way for Gateway Boulevard; Catalina Shopping Center, zoned Community Commercial (C-3); Right-of-way for Congress Avenue, then farther east is Motorola, zoned Planned Industrial Development (PID); West: Remainder of Target shopping plaza, zoned Community Commercial (C-3). Eckerd at Target Shopping Center - COUS 03-001 Page 2 Memorandum No. PZ 03-086 BACKGROUND Erik J. Wilczek, agent for Eckerd is seeking conditional use / major site plan modification approval for pharmacy with a drive-through facility. The applicant proposes to occupy an existing one (1) story 11,786 square foot building currently occupied by Rack Room Shoes and previously occupied by Barnes & Noble, and Bookstop. The existing building is located on Parcel "A" of the Target Commercial Center. Parcel "A", which is 2.27 acres, is comprised of the subject stand-alone building as well as a number of smaller in-line bays (14,200 square feet). The Target Commercial Center is comprised of three (3) main parcels, namely Parcel "A" which was already described, Parcel "B", which is the Target store, and Parcel "C", a stand-alone Carrabba's restaurant. The fourth parcel (Parcel "D") is subordinate and is comprised of the buffer and swale area of the shopping center's perimeters along Gateway Boulevard and Congress Avenue. The proposed pharmacy is a permitted use in the C-3 zoning district but the drive-through feature requires conditional use approval (see Exhibit '~D" - Justification). The drive-through facility would be located on the east portion of the existing stand-alone building on Parcel "A'; facing Congress Avenue. The facility would have one drive-through lane, running much of the length of the eastern fa(;ade. This drive-through lane would eliminate ten (10) parking spaces. The parking is shared throughout the entire shopping center (all three (3) main parcels). Unlike a Planned Commercial Development (PCD) such as Grove Plaza or BJ's Wholesale Club, the Target Commercial Center is not a master plan. However, the modifications proposed to Parcel "A" impact the entire shopping center. Therefore, a major site plan modification (MSPM 03-003) to the Target site plan is being processed concurrently with this conditional use application. If approved, the construction of the drive-through facility, the proposed building fa(;ade enhancements, and the installation of plant matedal would occur in one (1) phase. :~;'I'ANDARD~; FOR EVALUA'rZNG CONDTr]:ONAL USES AND ANALYS?S Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to standards. The Planning and Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Eckerd at Target Shopping Center - COUS 03-001 Page 3 Memorandum No. PZ 03-086 Comparable to outparcels located/n Planned Commercial Development Distr/cS, this project would utilize existing access drives of the Target Commercial Center. Current/y, the shopping plaza has two (2) main po/nS of ingress / egress. One of the two po/nS/s an access drive that/s shared w/th the Catalina Shopping Center to the south. The other point of access/s located on Parcel "B" along Gateway Boulevard. None of these access points would be altered as a result of the proposed site /mprovemenS. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Required parking for pharmacies is one (1) space per 200 square feet of gross floor area. The existing bu#d/ng that Eckerd would occupy is 11,786 square feet in area. No building additions are proposed to the existing structure. However, the proposed drive-through lane, proposed along the eastern fagade would e#minate ten (10) existing parking spaces. The existing building, coupled w/th the other commercial po~'on of Parcel ",4 "totals 2~,986 square feet. Therefore, Parcel "A" requires 124 parking spaces and 130 parking spaces are provided. However, the e//minaO'on of 10 parking spaces (due to the drive-through facility) would eliminate ail of the shopping center's excess parking spaces. The shopping center would require and provide 769 parking spaces. 3. Refuse and service areas, with particular reference to the items in subsection ! and 2 above. The dumpster enclosure would remain in iS current location at the rear (south) of the building. According to the demo/lO'on p/an (sheet C-3), the existing enclosure wa/Is, pavement and concrete walk would be removed and rep/aced w/th a new dumpster enclosure and loading zone area. This refuse and service area would be enhanced and is currently located in an area that is unobtrusive to pedestn'an and vehicular trafftc and unnoticeable from Congress Avenue. The durnpster location is positioned in such a way to facilitate e~c/ent removal of trash. 4. Utilities, with reference to locations, availability, and compatibility. Cons/stent w/th Comprehensive Plan policies and city regulations, ail ut#it/es, including potable water and san/tap/sewer are ava#able for this project. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. Much of the landscaping of Parcel "A" would remain unaltered except for the elimination of 222 square feet of pervious area due to the drive-through lane and other site/mprovemenS. This loss of pervious area represents an ins/gniftcant change to the total amount of pervious area in the entire shopping plaza. The landscape plan (sheet LA-J) proposes the addiO'on of four (4) Live Oak trees, nine (9) $abal palm trees, five ($) Crape Myrtle trees, and two (2) Cat pa/ms. Additional hedges and groundcover would be provided as needed. Additional landscaping would be required along the east property line to screen the drive-through facility. The intent of Chapter 9, Community Design P/an, Sect/on lJ.H. is to screen the drive-through feature as much as possible from the adjacent right-of-way (Congress Avenue). This chapter requires that drive-through windows that face righS-of-way be screened or hidden through architectural design and spec/ftc landscaped areas (such as a berm). The landscape Eckerd at Target Shopping Center - COUS 03-001 Page 4 Memorandum No, PZ 03-086 p/an (sheet LA-J) shows the proposed landscape material and cross-section of the drive-through facility in re/at/on to the eastern port/on of the site. Staff has determined that the cross-sec,'on is inadequate and the intent of Chapter 9 is not fully met. As a result, the app#cant would be required to provide addiEona/ landscape mater/a/or substitute p/ant spec/es as a condition of approval This would be required w/thin the proposed landscape/s/and directly east of the drive-through as we//as along the eastern perimeter buffer. At the t/me of permitting, these buffer areas shall be enhanced to the satisfaction of the City Forester / Environmental/st to ensure compliance w/th intent of Chapter 9 - Community Design (see Exhibit "C"- Conditions of Approval). 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. This conditional use application proposes three (3) wa//signs for the Eckerd drug store. Two (2) of these wa//signs are proposed on the front (north) facade wh#e the third is proposed on the east building facade. The "Eckerd" wa//sign proposed on the front facade would be 30.47 square feet in area. The second wa//sign on the north facade C'Drive-Thru Pharmacy'~ is 32.29 square feet in area. The "Eckerd" wa//sign proposed on the east facade would be the same as the one in the front (30.47 square feet in area). Collective/y, ail wall signs would be 93.25 square feet in area. This would comply with Chapter 21, Art/de ZV, Sect/on 3. C. 7. Required setbacks and other open spaces. The proposed canopies and drive-through lane would meet ali setback requirements of the C-3 zoning district. No open spaces are being diminished as a result of the drive-through lane. 8. General compatibility with adjacent property and other property in the zoning district. £n genera/, the proposed use is compatible with the commercial uses of the existing shopping center and the C-3 zoning d/strict. There would be minima/on-site impact and no adverse effects would occur from the pharmacy use. The construction of the drive-through lane would e#minate ten (~0) parking spaces but would not cause the shopping center to fa//be/ow the development standards. The drive-through facility would have little or no impact on the adjacent properties or the surrounding area. The proposed building alterations, co/ors and roof material are compatible with the existing buildings in the shopping center. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The max/mum allowable height for the C-3 zoning district is 45 feet. The building was originally designed and would remain as a one-story structure. The top of the parapet wall would be 20 feet tall and the peak of the large parapet, when scaled,/s nearly 28 feet ta#. These bu#d/ng heights are proposed we//be/ow the max/mum height allowed by the C-3 zoning d/strict. The building height/s compaq'hie/n comparison with the neighboring commercial properties. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The proposed pharmacy and drive-through would constitute addiEonal convenience and choice for the City residents. The exist'rig building currently fronts on a major arterial (Congress Avenue) and Eckerd at Target Shopping Center - COUS 03-001 Page 5 Memorandum No. PZ 03-086 is in dose proximity to 'Interstate 95. This, with its dose proximity to neighboring residential development makes the proposed site an idea/location for this type of use. The closest stand-a/one pharmacy is located at the southeast corner of Hypo/uxo Road and Congress Avenue. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with ail requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance. With incorporation of ail conditions and staff recommendations contained here/n, the proposed pharmacy with dffve-through facility would operate in a manner that is in compliance w/th the above- referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION It should be noted that the preferred location of the drive-through window is at the west side of the building. However, staff acknowledges that the elimination of parking spaces west of the building would have greater impact to the in-line stores, opposite the project, due to the limited number of parking spaces at this location. Therefore, based on the discussions contained herein, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommends that this request for conditional use be approved subject to satisfying all conditions of approval as contained in Exhibit "C". Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to initiate this project. LG/elj S:~Planning~hared~Wp\Projects~Eckevd Drags Projects\COUS 03-001 (~ Targe~talT Report.doc Location Map Eckerd Drugstore EXHIBIT "A" C3 MOTOROLA EXHIBIT "B" CONGRESS AVENUE (OR.8. 1200/510. ECKERD EXHIBIT "B" EXHIBIT "B" EXHIBIT "B" CONGRESS AVENUE (O.R.B. 1290/$19. P.13.C.R,) B# I I ~,i - "'~ IIIll-'llll I. l! ~-~. c~rAL8 __"--. . .I ' -- " I1:1111!11 ~:rqirll'l ~tl a. tln!!I ~ ' '"' 'Iii II;llll,, ' ' 'I'1 "' I1~ ..... EXHIBIT "B" CONGRESS AVENUE (O.R.B. 1290/519, P.B.C.R.) F :ii:; I { ::: ti; EXHIBIT "B" EEl ~i KENT D. HAMILTON, A.I.A., ARCHITECT EXHIBIT "B" STORE NO. 396 1895 N. CONGR£S~ AVE., BOYNTON BEACH, FLORIDA CON(3R~:SS AVENUE EXHIBIT "B" li,,,~,!ll,!t, '!, ilili:i 'J' ~' EXHIBIT "B" EXHIBIT "C" Conditions of Aoproval Project name: Eckerd ~ Target Commercial Center File number: COUS 03-001 Reference: 2ad review plans identified as a Conditional Use with an April 1, 2003 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: 1. Prior to permit application contact the Public Works Department (561-742-6200) X regarding the storage and handling of refuse. The dumpster will be supplied by Public Works. PUBLIC WORKS - Traffic Comments: None X UTILITIES Comments: None X ENGINEERING DIVISION 2. Add a general note to the site plan that all plans submitted for specific permits X shall meet the City's Code requirements at time of application. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. Permits required from other permitting agencies such as Florida Depmhnent of Transportation (FDOT), South Florida Water Management District (SFWMD), Lake Worth Drainage District (LWDD), Florida Department of Environmental Protection (FDEP), Palm Beach County Health Department (PBCHD), Palm Beach County Engineering Department (PBCED), Palm Beach County Department of Environmental Resource Management (PBCDERlVD and any others, shall be included with the permit request. 3. Show sight triangles on the landscape plans (LDR, Chapter 7.5, Article II, X Section 5.H.). 4. Provide a lighting plan showing that the site meets the minimum site lighting X requirements of the LDR, Chapter 23, Article II, Section A. 5. On the site and civil plans, show and identify all necessary traffic control devices X (including existing traffic control) such as stop bars, stop signs, double yellow lane separators striping, directional arrows and "Do Not Enter" signage, etc. Delineate and stripe the "Loading Area" (where applicable - LDR, Chapter 2, Section 11.J); include a pavement message in yellow indicating "No Parking - Loading Zone". See City Standard Drawings B-98001 and B-90013 for striping details. FIRE COA 04/21/03 2 DEPARTMENTS INCLUDE REJECT Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: 6. Buildings, structures and parts thereof shall be designed to withstand the X minimum wind loads of 140 mph. Wind forces on every building or structure shall be determined by the provisions of Chapter 6 of ASCE 7, and the provisions of Section 1606 (Wind Loads) of the 2001 edition of the Florida Building Code. Calculations that are signed and sealed by a design professional registered in the state of Florida shall be submitted for review at the time of permit application. 7. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 8. Add to all plan view drawings of the site a labeled symbol that represents the X location and perimeter of the limits of construction proposed with the subject request. PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: 9. The cross-section representing the two (2) landscape berms is inadequate to X screen the drive-through feature. At the time of permitting, provide a more detailed cross-section of the two (2) proposed landscape berms, accurately showing their dimensions. The cross-section shall also include the following: plant species, plant spacing, plant specifications, and plant quantities. I0. At the time of permitting, on the landscape plan (sheet LA-l), show the health X condition of all of the existing trees and vegetation along the perimeter of the site. All missing, dead or poor health condition trees / vegetation must be replaced throug~hout the site. 11. The existing landscape plantings along Congress Avenue should be increased in X number or substituted with alternate plant species in order to visually buffer the drive through facility from the public right-of-way (Congress Avenue). At the time of permitting, submit a revised landscape plan that meets the intent of Chapter 9 - Community Design Plan. COA 04/21/03 3 DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 12. This project requires conditional use approval for the drive-through facility. X 13. The site plan (sheet C-2) tabular data is incorrect. The required parking for the X Eckerd store is based on gross floor area, not gross leasable area. For consistency, revise the parking data on sheet C-2 to indicate that 124 parking spaces are required for Parcel "A" and 769 parking spaces are required for the entire commercial center. 14. The east landscape buffer (along Congress Avenue) shall contain sufficient X landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At the time of permitting, the City Forester / Environmentalist shall review and approve the additional landscape material to ensure compliance with the above referenced code citations. 15. The newly created drive through landscape island shall contain sufficient X landscaping to meet the intent of Chapter 9, Section 11.H.4 through 11.H.7. At the time of permitting, the City Forester / Environmentalist shall review and approve the additional landscape material to ensure compliance with the above referenced code citations. 16. Pursuant to Chapter 2-Zoning, Section 11.2 Conditional Uses, a time limit is to X be set within which the proposed project is to be developed. Staff recommends that a period of one (1) year be allowed to obtain a building permit for this project. ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS: Comments: 17. None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: 18. To be determined. MWtVelj S:\Planning\Shared\Wp\Projects\Eckerd Drugs Projects\COUS 03-001 @ Target\COA.doc EXHIBIT "D" Memorandum To: Planning and Zoning Department City of Boynton Beach From: Erik Jon Wilczek, P.E. Date: March 28, 2003 Subject: Eckerd Conditional Use Justification for Approval File Number MPMD 03-002 The following is a justification memo for the approval of the Conditional Use for Eckerd Drug Store from Chapter 2, Section 11.2.D. of the City of Boynton Beach Land Development Regulations. The bold text following each item from the code is provided by the applicant in response to the code. D. STANDARDS FOR EVALUATING CONDITIONAL USES. The planning and development board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use, the board and commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provision has been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedeslrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The existing building will be utilized, and there will be no changes to the ingress and egress. Per staff comment and to enhance the project, a handicap accessible connection from the building to the sidewalk in the COngress Avenue R/~V is proposed. ,4 2. Off-street parking and loading areas where required, with particular attention to the items in subsection D. 1. above, and the economic, glare, noise, i EXHIBIT "D" and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. No additional parking will be added as part of this submittal. Loading area will be in the same area as previously approved. It will be brought to code in dimension, improving the interface with traffic flow. Additional landscaping has been added to the site to reduce effects of loading area. 3. Refuse and service areas, with particular reference to the items in subsection D. 1. and D.2. above. The dumpster enclosure will be screened per code with wall and landscaping. 4. Utilities, with reference to locations, availability, and compatibility. NA, existing utilities will be used. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The existing landscaping will be increased to buffer the drive-thru and enhance the character of the building. Native species will be the majority of plant material. Ali trees will be greater than 12' in height at planting. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The only additional lighting will be recessed lighting under the 4' pedestrian canopy that is directed down. Therefore, there should be negligible impact to the roadway or neighboring properties. 7. Required setbacks and other open spaces. NA, the project will occupy the existing building and the reduction in pavement basically equals the new pavement. 8. General compatibility with adjacent properties, and other property in the zoning district. The architectural elements of the adjacent buildings have been incorporated into the building facade. Specifically the 'western' roof element from the adjacent Target store has been incorporated, as well as the replacement of the fabric canopies to barrel tile roof canopies. 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole, t~ The exast]ng one-story strneture will be used. All additional fa~:ade features will be consistent with adjacent buildings. EXHIBIT "D" 10. Economic effects on adjacent and nearby properties, and the city as a whole. The impact should be negliable; the existing use is commercial, the proposed use is commercial. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. The plans have been reviewed by City staff and will conform to the City. stantards. 12. Compliance with} and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. The proposed will comply with City noise ordinances. 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: NA a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment. c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting mater/als to be used, coatings of the .surfaces of ceilings, walls, windows, and floors and insulation to be used. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Eckerd at Target Commercial Center APPLICANT'S AGENT: Erik J. Wilczek, P.E. - Kimley-Horn and Associates, Inc. APPLICANT'S ADDRESS: 5100 Northwest 33rd Avenue, Suite 157 Fort Lauderdale, FL 33309 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: May 6, 2003 TYPE OF RELIEF SOUGHT: Request Conditional Use approval for a pharmacy with drive-through facility. LOCATION OF PROPERTY: 1895 North Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER came before the City Commission of the City of Boynton Beach, Flodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". The Applicant's application for relief is hereby ~ GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Planning\SHARED\WFSPROJECTS\Eckerd Drugs Projects\COUS 03-001 @ Target~DO,doc VIII.-PUBLIC HEARING ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOl v Requested City Commission Meeting Dates [] Ap, il 2003 [] April IS, 2003 [] May 6, 20O3 [] May 20,2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Admimstrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Public Hearing and Legal Ordinances - First Reading. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be approved. The Community Redevelopment Agency Board on April 8, 2003 gave an approval vote. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-078. EXPLANATION: PROJECT: AGENT: LOCATION: DESCRIPTION: Indoor Recreation Facilities/Athletic Competitions (CDRV 03-002) City Initiated C-3, Community Commercial and C-4 General Commercial Districts Request to amend the Land Development Regulations: 1. Chapter 1. Definitions, by adding definitions for: "Athletic Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gynmasium/Health Rink , and Club", "Shooting Range, Indoor", "Skating .... 2. Chapter 2. Zoning, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNAi~/~ff~ ~A ~ ~;,41~_~DeP2ent~ Ci~-Manager's Signature -'~ Pluming .7_,~ungand ' g l~irecto; City~esources S:XPlanning~SHARED\W~SPEC~RO~ODE REVIEW'dndoor Recreation Facilities-Athletic CompetitionsXAgenda Item Request Indoor Rec Fac.Athletic Comp CDRV 03-002).dot S:~BULLETINWORMSXAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 1, GENERAL PROVISIONS, ARTICLE II, OF THE LAND DEVELOPMENT REGULATIONS PROVIDING FOR ADDITIONAL DEFINITIONS; AMENDING CHAPTER 2, ZONING, SECTION 6.C.l.m TO DISTINGUISH BETWEEN [N'DOOR AND OUTDOOR RECREATIONAL FACILITIES USES WITHIN THE C-3 DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTWE DATE. WHEREAS, the City Commission, upon recommendation of staff, has determined that it is necessary to clarify the Code of Ordinances to include additional definitions of certain uses in connection with recreational facilities and to set forth more specific criteria for such recreational facilities to be included as permitted uses in the C-3 Community Commercial District; WHEREAS, at its meeting o£ April 8, 2003, the Community Redevelopment Agency of the City of Boynton Beach, Florida, recommended that the City Commission amend these sections of the Code in the City's Land Development Regulations for purposes of clarification and uniformity; and WHEREAS, at its meeting of April 22, 2003, the City of Boynton Beach Planning and Development Board recommended that the City Commission amend these sections of the Code in the City's Land Development Regulations for purposes of clarification and uniformity; and WHEREAS, the City Commission of the City of Boynton Beach concurs with the Planning and Development Board and finds that these code revisions are necessary and will inure to the benefit of the citizens of Boynton Beach; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S \CA\OrdinanccsLLDR ChangesLRecreational Facilities doc Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 1, General Provisions, Article II, Definitions, of the Land Development Regulations of the City of Boynton Beach is hereby amended by adding the words and figures in underlined type and by deleting the words and figures in struck-through type, as follows: ARTICLE 11. DEFINITIONS. ATHLETIC COMPETITIONS - Amateur and professional events including but not limited to boxing, cheerleading, dance, gymnastics, martial arts, and wrestling. AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video gaming, pinball, or similar player-operated amusement devices, in any, combination. BILLIARD HALL - A commercial establishment containing more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty_ percent (50%) of its gross floor area to bowling lanes, equipment and ancillary public areas. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, arrow, or shotguns, and which is completely enclosed within a building or structure. SKATING RINK - A commercial establishment that provides facilities for participant ice or roller skating which is completely enclosed within a building or structure. Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development flations of the City of Boynton Beach is deleted in its entirety and ~eplaced with the g: :\CA\OrflinancesLLDR Chanses~.ecteational Facilities,floc Sec. 6. Commercial district regulations and use provisions. C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall e used except for one (1) or more of the following uses: a. Any use permitted in C-1 or C-2 districts, without specific limitation on floor area. m. Recreational facilities: i. Indoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges and musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section. Indoor recreational facilities other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational I'acilities, including, but not limited to, golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. Section 4. Each and every other provision of the Land Development Regulations herein specifically amended, shall remain in full force and effect as originally adopted. Section 5. All laws and ordinances applying to the City of Boynton Beach in aflict with any provisions of this ordinance are hereby repealed. Section 6. Should any section or provision of this Ordinance or any portion be declared by a court of competent jurisdiction to be invalid, such decision shall not \CAXOrdmances\LDR Changes~Recreat~onal Facilities doc ~.003. the remainder of this Ordinance. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. Section 72 Section 8. FIRST READING this ~ day of SECOND, FINAL READING AND PASSAGE this __ ,2003. day of CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner ;T: Clerk \CA',Ordinanc.~\LDR Changes\Recreational Facilities.doc DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-078 TO: FROM: DATE: SUB]ECl': REQUEST Chairman and Members Community Redevelopment Agency Board, and Planning and Development Board Director of Planning and Zoning April 2, 2003 CODE REVIEW (CDRV) 03-002 Indoor Recreation Facilities To amend the Land Development Regulations: 1. Chapter 1. Definitions, by adding definitions for: "Athletic Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gymnasium/Health Club", "Shooting Range, Indoor", "Skating Rink"; and, Chapter 2. Zoning, Section 6.C.l.m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses. NATURE OF REQUEST This request is staff-generated in response to a Commission directive. The proposed amendment to the Land Development Regulations, Chapter i and Chapter 2 is intended to add a definition, including a list of uses, for "Athletic Competitions", and to insert "Athletic Competitions" as a conditional use into the list of permitted uses within the C- 3, Community Commercial Zoning district (Chapter 2, Section 6.C.l.m). The effect of the subject code amendment would be to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District (see Exhibit "A"- Locations for all C-3 and C-4 Zoning Districts with the City of Boynton Beach). BACKGROUND In .]anuary of this year, the City was requested to allow/permit professional boxing events at the Club Ovation nightclub located at the Gulfstream Plaza Shopping Center Page 2 CDRV 03-002 ]:ndoor Recreation Facilities (3637 S. Federal Highway). The original nightclub approval, under the name of The Grand (a.k.a. Ozone), was granted by the City on October 17, 2000. The conditional use approval, however, was only for a nightclub, and since the City's Land Development Regulations do not currently allow professional boxing as a permitted use, the request was denied, l~n presenting this request to the City, it was claimed that the Cities of Delray Beach and West Palm Beach both allow the subject boxing use. This report includes suggested code language if the Commission desires to accommodate such uses, as well as information collected on these two other cities. Since the Boynton Beach zoning code currently does not specifically allow boxing as an allowed use, and taking into consideration the zoning of the proposed location, staff reviewed the C-3, Community Commercial Zoning District for possible changes. Chapter 2. Zoning, Section 6. Commercial d/strict regulations and use provisions. Section C.1. (Uses permitted), item "m" currently reads as follows: m. Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls. Recreation facilities other than those which are listed above shall be conditional uses(*). Racetracks, go- cart tracks, and water slides shall be prohibited. For clarity and simplicity, paragraph "m" is rewritten below to: 1) create a separate group of uses to differentiate between indoor recreation facilities and outdoor facilities; 2) insert the new use called "athletic competitions"; 3) add provisions for bars, lounges and musical entertainment and 3) add the conditional use mark represented by the asterisk ("*'~. me Recreational facilities: i. l~ndoor recreational facilities, including nightclubs*, bowling alleys, billiard halls, health clubs/gymnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges, musical entertainment and athletic competitions* shall also be accessory to the principal uses described in this section, l~ndoor recreation facilities other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational facilities, including golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. The use "athletic competitions" is new to the City's zoning code, and therefore must be defined, l~n addition, Staff has found that other terms used in this amendment are not Page 3 CDRV 03-002 ~[ndoor Recreation Facilities included in the zoning code and therefore, would also recommend that the following definitions be added to the Land Development Regulations, Chapter 1, Article ];L Definition~. ATHLETIC COMPETITIONS - Amateur and professional events to include but not be limited to boxing, cheerleading, dance, gymnastics, martial arts, and wrestling. AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video, pinball, or similar player-operated amusement devices, in any combination. BILLTARD HALL - A commercial establishment containing more than two pool or billiard tables for the use of patrons. BOWLI:NG ALLEY - A commercial establishment that devotes more than fifty percent (50 %) of its gross floor area to bowling lanes, equipment and playing area. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure. SKA'I'ZNG RTNK - A commercial establishment that provides facilities for participant skating which is completely enclosed within a building or structure. ANALY$~S Entertainment-type uses are currently limited to "nightclubs" and "theaters and auditoriums" within the C-3, Community Commercial Zoning District, and "Arenas, stadiums, frontons, convention and exhibitions halls, and racetracks provided that all such uses have a minimum frontage of two hundred (200) feet on a collector or arterial road.." within the M-l, Industrial District. Except for "theaters and auditoriums" within the C-3 district, all other uses listed above require conditional use approval. Chapter 2. Zoning, Section 11.2 Conditional uses, defines a conditional use as: "...a use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health morals, prosperity, and safety of the Page 4 CDRV O3-0O2 l~ndoor Recreation Facilities Conditional uses are reviewed against the twelve criteria listed in this same section, and facilitate the application of special conditions or requirements to ensure that any external impacts from the proposed use are considered and ameliorated. For comparison, staff surveyed local governments to obtain their respective regulations. Delray Beach The City allows boxing events in privately operated stadiums and arenas, which are permitted as a conditional use in the Community Facilities (CF) zoning district. This district also allows governmental facilities and buildings, civic centers, cultural facilities, tennis centers, museum and swimming centers. (City staff could recall one boxing match being held at the City's Tennis Center.) West Palm Beach Occasional competitions require a "Special Events" permit. Permanent structures housing those competitions are classified as Recreation, Indoor, which is not defined in the code. The use is "permitted with extra requirements (PXP)' in the Professional Office/ Residential zoning district, and "permitted" in the Airport Commercial, Neighborhood Commercial, General Commercial and Industrial zoning districts. Neither of the cities cited by the applicant and contacted by staff, specifically address boxing as a permitted or conditional use. Each considers the permitted facilities, which would be expected to host a variety of events that may include boxing, to be sufficient. RECOMMENDAT'~ON Staff recommends the adoption of the proposed amendments to the land development regulations as the minimum changes necessary to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District. Exhibits S:\PlannJng\SHARED\WP\SPECPRO.I\CODE REV~EW~Indoor Recreation Fadlities-Athletic Compefitions\CDgV Staff Report. doc Location Map C3 and C4 Zoning Districts CDRV 03-002 EXHIBIT "A" 80YNTON WOOLBRIGHT RD GOLF RD EXHIBIT "B" Chapter 1. Article II.-Definitions. Regulations ATHLETIC COMPETITIONS - Amateur and rofessional events to include but not be limited to boxin cheerleadin dance mnastics martial arts and wrestling.. AMUSEMENT ARCADE - A commercial establishment containinq four (4) or more video~ ~s in an combination. BILLTARD HALL - A commercial establishment containing more than t~vo pool or billiard tables for the use of patrons; BOWl TNG ALLEY - A commercial establishment that devotes more than fifty percent (50. ~e i ment and la in area. GYMNASIUM/HEALTH CLUB - An establishment desiqned and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit.. SHOOTING RANGE, INDOOR - A facility desiqned or used for shootinq at targets with rifles, pistols, or shotguns, and which is completely enclosed within a buildinq or structure. SKATING RINK - A commercial establishment that provides facilities for participant, skatinq which is completely enclosed within a buildinq or structure. Section 3. That Chapter 2, Zoning, Section 6.C.l.m of the Land Development of the City of Boynton Beach is deleted in its entirety and replaced with the following: Sec. 6. Commercial district regulations and use provisions. o.o C. C-3 COMMUNITY COMMERCIAL DISTRICT. These district regulations are to encourage development of appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three (3) or four (4) neighborhoods and located adjacent to at least one major thoroughfare. 1. Uses permitted. Within any C-3 community commercial district, no building, structure, land or water shall e used except for one (1) or more of the following uses: a. Any use permitted in C-]. or C-2 districts, without specific limitation on floor area. m. Recreational facilities: i. :Indoor recreational facilities, including niqhtclubs*, bowlinq lanes, billiard halls, health clubs, gymnasiums, shooting ranqes ('indoor only), skatinq rinks, and arcades and amusement halls. Bars/Iounqes, musical entertainment and athletic competitions*shall also be accessory to the principal uses described in this section. :Indoor recreation facilitie~ other than those which are listed above shall be conditional uses(*). ii. Outdoor recreational facilities, including golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall b~ prohibited. J:\SH RDATA\PLANNING~SHARED\WP~PRO.1ECT'S~MAR~NA\CDRV 03-~01\CD RVS'TAFFRE P'I'. DOC ZX. - CZTY MANAGER'S REPORT CITY OF BOYNTON BEAC ITEr4 A AGENDA ITEM REQUEST FO v, Requested City Commission Meeting Dates ] April 1,2003 ] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 3 i, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested City Commission Meeting Dates [] June 3, 2003 [] June 17, 2003 [] July 1, 2003 [] July 15,2003 Date Final Form Must be Turned in to City Clerk's Office May 19, 2003 (Noon) June 2, 2003 (Noon) Jun~ 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to consider the recision of the revocation of the Limited License Agreement for Jordan Wrecker Service for the use of an alleyway behind 905 North Railroad Avenue. EXPLANATION: On January 7, 2003 the City Commission voted to provide Jordan Wrecker Service with a 90 day notice of revocation of their Limited License Agreement for the use of the alleyway behind their property at 905 N. Railroad Avenue. During the 90 day notice period, periodic inspections were to be conducted at the property to see if Jordan Wrecker Service made attempts to keep the alleyway clear of vehicles and equipment as is called for in the agreement. A total of 8 inspections of the alleyway were made during the past 90 days and a copy of that report is attached as part of this agenda packet. PROGRAM IMPACT: During the 8 inspections over the past 90 days, the alleyway was found to have equipment and vehicles stored on it twice. One time the owner was made aware of that finding, one time the owner was not. Virtually none. If the Commission decides to continue the Limited License Agreement, the owner has submitted a $9.00 money order to cover the next 9 years of annual license fees. S:~BULLETIN~ORMS'~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: The two alternatives are to either allow the revocation to stand or to rescind the revocation. Department Head's Sig~ture City Manager's Signature City Manager's Office Department Name City Attorney / Finance / Human Resources S:XBULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: April 14, 2003 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Compliance Report- Jordan Wrecker Service On January 7, 2003, the City Commission approved a 90-day notice to revoke the Limited License Agreement for the use of a public alleyway by Jordan Wrecker Service. The revocation notice was served on January 27, 2003 and will run until April 27, 2003. At the City Commission meeting of Apdl Ist, the notice pedod was extended by the City Commission until their meeting of May 6, 2003. Since the 90-day revocation notice was delivered, we have made a number of inspections of this property. I can report to you the following: Date of Inspection Findin.qs February 3, 2003 Everything was clear. February 10, 2003 A damaged vehicle was parked on the easement. Discussed issue with owner. Vehicle was moved. February 18, 2003 Everything was clear. February 26, 2003 Everything was clear. March 11, 2003 Everything was clear. March 18, 2003 Found the damaged Homewood Residence Assisted Living Van (license no V82 KEH) in the easement. Did not discuss with owner. March 28, 2003 Everything clear. April 10, 2003 Everything clear. On March 27, 2003, I received a Western Union Money Order in the amount of $9.00. This $9.00 money order is to cover the $1.00 annual license fee (for the next 9 years from November 26, 2002 until November 25, 2011), subject to the approval of the City Commission to rescind the revocation of the license agreement which they did at their January 7th City Commission meeting. To this point, I have not deposited that money order to any City account, I am holding it, pending a final determination by the City Commission. I hope that this has given you and the City Commission the information that you need to make a determination on the recision of the revocation (or to let the revocation stand). Please let me know if you need any additional information on this matter. I will be in attendance at the May 6th City Commission meeting to answer any questions that you have. Dale S. Sugerman Assistant City Manager cc: Mr. Bobby Robinson, Jordan Wrecker Service ,:iii, 0 8 I, OOL, O0~: L,O January 27, 2003 Mr. Bobby Robinson Jordan Wrecker Service 905 N. Railroad Avenue Boynton Beach, FL. 33435 CERTIFIED MAIL, RETURN RECEIPT REQUESTED RE: Revocation of License Agreement Dear Mr. Robinson: Please be advised that the City Commission, at their regularly scheduled meeting of January 7, 2003, voted to revoke the License Agreement between the City of Boynton Beach and Bobby Robinson, D/B/A Jordan Wrecker Service originally approved on November 26, 2001. The reason for this revocation was your continuous violation of the 'Agreement (Section 7e.), by parking and stodng equipment or vehicles on the licensed portion of the licensed property. As you have been made aware, you continued to park vehicles and equipment on the licensed alleyway containing the public utilities, despite a prohibition against your doing so. There were repeated verbal and written warnings provided to you, yet you continued to park and store vehicles and equipment over this right-of-way. This letter shall serve as your 90-day notice of the license revocation as provided for in Section 16 of the License Agreement. At the urging of the City Commission, I will cause inspections of the licensed portion of the property dudng the next 90 days. In the event that you are able to keep the licensed property free and clear of any vehicles or equipment, I will be prepared to recommend that the City Commission rescind this revocation at their April 1, 2003 regularly scheduled meeting. If you fail to keep the alleyway free and clear of equipment or vehicles, the revocation of this License Agreement shall stand and the alleyway will need Mr. Bobby Robinson Jordan Wrecker Service 905 N. Railroad Avenue pg. 2 to be cleared of anything placed on the licensed property as provided for in Section 14 of the Agreement. Please be advised that on January 13th, I inspected the prOperty at approximately 5:30 pm, finding the following vehicles parked and stored immediately over the licensed property: Blue Dodge pickup truck- Florida Tag #D36HBW Red Ford Explorer Sport SUV- Florida Tag #DU54U · er of vehicles parked on the edge of the licensed ddition there were a numb ........ .~ .,~,~ v off the licensed property. In a __,...~'.,'-h that they were paraa,y on u,,~ vo,,,all, proper~y, Based upon what I saw on that date, I would have to recommend to the City Commission at their April 1, 2003 meeting that you continue to violate the terms and conditions of the License Agreement. Thank you for your attention to this matter. Should you have any questions about the City Commission decision to revoke this License Agreement, or the contents of this letter, please be sure to contact me directly at the telephone number above. Very truly yours, CITY OF BOYNTON BEACH Dale S. Sugerman Assistant City Manager CC: Kurt Bressner, City Manager James A. Cherof, City Attorney Scott Blasie, Code Compliance Administrator XII. - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Meeting Dates [] April 1,2003 [] April 15, 2003 [] May 6, 2003 [] May 20,2003 Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to City Clerk's Office March 17, 2003 (Noon.) [] June 2, 2003 May 19, 2003 (Noon) March 31,2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) April 14, 2003 (Noon) [] July l, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Please place this request on the May 6, 2003 City Commission Agenda under Legal, Ordinances - Second Reading. The City Commission approved this item under Public Hearing, Legal, Ordinances - First Reading on April 15, 2003. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-074. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: The Marina (Boynton Beach) (CDRV 03-001) Lawrence Justiz, TRB-Boynton Beach, Ltd. TRG-Boynton Beach, Ltd. 743 NE 1st Avenue Request to amend the Land Development Regulations Chapter 2, Zoning, Section 6.F. MIXED USE ZONING DISTRICTS, TABLE 6F-l, schedule of permitted principal, accessory and conditional uses TO INCLUDE residential, Single-Family, attached use as a conditional use in the Mixed Use-High Intensity (MU-H) zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: ~/ N/A ' ~ ' xsr~2it~ Manager's Signature e- - - - Planning and/Zon/ng Dtrector City Attorney / Finance / Human Resources S:kPlanningKSHARED\WPKSPECPROJ~CODE REVIEW~CDRV MARINA 03Latgenda Item Request Boyuton Beach Marina CDRV 03-001 2nd reading 5- 3-03 .dot SSBULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- ~)/~-' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOY'NTON BEACH, FLORIDA AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 2 ZONING, SECTION 6.f. 1, TO INCLUDE RESIDENTIAL, SINGLE- FAMILY, ATTACHED USE AS A CONDITIONAL USE IN THE MIXED USE-HIGH INTENSITY. (MU-H) ZONING DISTRICT; PROVIDING FOR CONFLICTS, SEVER. ABILITY, CODIFICATION AND AN EFFECTIVE DATE. WI-IEREAS, the City's Land Development Regulations were amended on June 18, to adopt zoning regulations for the Mixed Use zoning districts, which include Mixed Intensity (MU-L) and Mixed Use-High Intensity (MU-H); and WHEREAS, this amendment will include residential, Single-Family, attached use as conditional use in the Mixed Use-High Intensity (MU-H) zoning district; W~IEREAS, the City Commission deems the adoption of this Ordinance to be in the est interests of the citizens and residents of the City of Boynton Beach, Florida; NOW TI{EREFORE, BE IT ORDAINED BY TI{E CITY COMMISSION OF CITY OF BOYNTON BEACI-I, FLORIDA, TI{AT: ',ection 1. The foregoing whereas clauses are true and correct and are now ratified and by the City Commission. ',ection 2. That Chapter 2. Zoning Section 6.F. Mixed Use Zoning Districts, Table 6f-1, s hereby amended to include residential, Single-Family, attached use as a conditional use in .. Mixed Use-High Intensity (MU-H) zoning district. See attached Exhibit "A". ;ection 3. Each and every other provision of the Land Development Regulations not specifically amended, shall remain in full force and effect as originally adopted. ;ection 4.. All laws and ordinances applying to the City of Boynton Beach in conflict provisions of this ordinance are hereby repealed. ,ection 5. Should any section or provision of this Ordinance or any portion thereof be by a court of competent jurisdiction to be invalid, such decision shall not affect the ;:\CA\Ordinances~LDR Changes~mending LDR - Section 2 - MUH.doe remainder of this Ordinance. Section 6. Authority is hereby given to codify this Ordinance. Section 7. This Ordinance shall become effective immediately. FIRST READING this/--~ day of April, 2003. SECOND, FINAL READING AND PASSAGE this ~ day of May, 2003. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner ATTEST: Commissioner City Clerk S:\CA\Ordinances~DR Changes~,mending LDR - Section 2 - MUH.doc TABLE 6F-1 ISCHEDULE OF PERMITTED PRINCIPAL, ACCESSORY AND CONDITIONAL USES I USE GROUP/USE MU-L ZONE MU-H ZONE Residential or Lodging Use Group Bed and Breakfast C N Hotel C P Home Occupation P P Mobile Home N N Motel N N Residential, Single Family Detached P N Residential, Single Family Attached P N-C Residential, Multi-Family p p2 Boarding and Rooming House N N (except where provided by state law) Accessory Unit P N Communi~ Facilities Use Group MU-L ZONE MU-H ZONE Government Office/Civic Center/Library C N Recreation (outdoor) P N Museum P P House of Worship pa N Police or Fire-Rescue Station P4 p Postal Center (retail sales only) C C Post Office P P Public Park P P Public Parking Lot or Garage P P Office Use Group* MU-L ZONE MU-H ZONE * Not encouraged as a first floor use in the MU-H Zone Banks, Financial Institutions C~ C~ Medical or Dental Clinic P P Medical or Dental Office P P Physical Therapy Clinic P P Professional Business Office P P Veterinary Office or Clinic pO N Sales and General Commercial Use MU-L ZONE MU-H ZONE Group* * Where permitted within the MU-L Zone, only on lots fronting on major arterial roadways. Alcoholic Beverage Package Store pO pO Ammunition or Firearm Sale or Rental N N Animal Boarding or Kennel C N DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-074 TO: THROUGH: FROM: DATE: SUB.1ECT: Chairman and Members Planning and Devel°p~'t'~B°ardc,q Michael W. Rumpf ~ 'LV~"~' Directo~g and Zoning Dick Hullo'n; AICP Senior Planner March 27, 2003 CODE REVIEW (CDRV) 03-001 Amend Mixed Use-High Intensity (MU-H) zoning district regulations to allow Residential Single Family Attached Uses NATURE OF REQUEST Mr. Lawrence 3ustiz, agent for TRG-Boynton Beach, Ltd. is requesting an amendment to the Land Development Regulations, Chapter 2, Zoning, Section 6.F. MD(ED USE ZONING DISTR~CTS, TABLE 6F-1, SCHEDULE OF PERMITTED PRJ:NCIPAL, ACCESSORY AND CONDITIONAL USES to include Residential, Single-Family, Attached use as a permitted use in the Mixed Use-High Intensity (MU-H) zoning district (see Exhibit "A" - statement of request). The specific location where this would first be applied is the area that was rezoned to the Mixed Use-High Intensity (MU-H) zoning district on September 17, 2002, and encompasses the site of the proposed Marina Village at Boynton Beach (see Exhibit "B"-Location). BACKGROUND The City's Land Development Regulations were amended on June 18, 2002 to adopt zdnin, g regulations for the Mixed Use zoning districts, which include Mixed Use-Low Intensity (MU-L) and Mixed Use-High Intensity (MU-H). The major purpose of the amendments was to enable redevelopment efforts in the urban core of the Federal Highway Corridor Redevelopment Area. The urban core extends along Federal Highway from Woolbright Road on the south to the Boynton (C-16) Canal on the north. While the MU-L district allows both single-family attached units and single-family detached units, as well as multi-family residential development, the MU-H district allows only multi-family residential development. The site plan for the proposed Marina Village shows a row of twelve (12) three-story Page 2 CDRV 03-001 Townhouses in MU-H townhouses along the south side of the North Marina; since the Marina Village is zoned Mixed Use-High Intensity (MU-H), this code amendment will be necessary for the approval of the site plan as presented. ANALYS]:S The development of the Mixed Use (Mixed Use-Low :Intensity (MU-L) and Mixed Use- High :Intensity (MU-H) zoning districts was an implementation measure of the Federal H/_qhway Corridor Redeve/oprnent P/an. The Mixed Use-High ]Intensity zoning district encourages development that is the most intense allowed in the City with residential densities at a maximum of 80 dwelling units per acre, 85% lot coverage, and a maximum height of 150 feet. The district is restricted to a very small area that has been the traditional downtown of Boynton Beach. The intent behind allowing the high density and intensity of development in this area is "to establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long term viability." In order to create this critical mass, one of the stated strategies outlined in the Federal Hi_qhway Corridor Redevelopment P/an was to: "Create development standards in the downtown that require intensity, bulk and building massing to establish the downtown area as a focal point. Building height at heights greater than that allowed in the surrounding areas should be encouraged." The area where the Mixed Use-High Intensity zoning district may be applied contains only approximately 75 acres in the center of the area of the Federal Highway Corridor. This is a very small portion of the area, and townhouse developments are permitted throughout the remainder of the corridor, through either the Mixed Use-Low Intensity (MU-L) zoning district or the Infill Planned Unit Development (IPUD) district. Generally, densities for townhouse developments range bet~veen 12 and 16 units per acre, depending on the amenities being provided to the residents. Average height is three-stories, with some developments reaching four-stories, or approximately 45 feet. If single-family attached dwellings, or townhouses, become a permitted use in the high- density and intensity area, the Mixed. Use-High Intensity zoning district will no longer serve to establish the critical mass of population so necessary to underpin the success of the downtown. This change may also combine a residential use that is less compatible than multi-family uses in an activity center. RECOI~I~IENDAT]:ON ]:t is staff's opinion that the existing regulations are established to achieve a specific purpose: "to establish a compactness and critical mass of development and population to establish the downtown as a destination area, and to ensure its success and long term viability." The requested amendment to the zoning regulations for this district will serve to weaken the code's ability to achieve that purpose. ]:n addition, there are Page 3 CDRV 03-001_ Townhouses in HU-H sufficient areas elsewhere in the Federal Corridor Redevelopment Area, where townhouse developments are both permitted and encouraged, that the requested amendment is not necessary in order to provide a variety of housing types and price ranges to serve the existing and future population of the City of Boynton Beach. Lastly, placing townhouses between the marina facilities, which typically attract people, and the main traffic route further lowers the potential of the proposed Marina proiect as a pedestrian-friendly destination. Therefore, staff recommends that the request for code amendment be denied. If the CRA or the City Commission approves the request, staff recommends that a condition be added to limit single family attached units to no more than five percent (5%) of the total residential units in any single development. Exhibits .I:\SHRDATA\PLANN[NG\SHARED\WP\SPECPRO]\CODE REV[EW\CDRV I~IAR3NA 03\CDRVSTAFFRF. PT. DOC ( The Related Group of Florida 2828 Coral Way. Penthouse Suite Miami. Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 Exhibit "A" March 4, 2003 Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach I00 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Marina Village at Bovnton Beach Request for a Zoning Use Amendment to the lVILxed Use High Intensity Zoning District Dear Mr. Rumph: As you know, the site plan we submitted on February 5, 2003 for Marina Village at Boynton Beach includes twelve (12) townhouse'units on the South side of the marina. Ordinance 02-024, which created the Mixed Use High Intensity Zoning District, does not permit "Residential, Single Family Attached," or townhouses, within this District. This letter will serve as our request to the City to amend the Mixed Use High Intensity Zoning District to allow for the development of "Residential, Single Family Attached" units. This will allow for our townhouse units, as shown in our current site plan, to be considered by the CRA and the City Commission as a permitted use. The only amendment necessary to accomplish this is to change the "N" to "P" in Table 6F-I (row entitled "Residential, Single Family Attached," column entitled "MU-H Zone." Thanks for your assistance, and please call me if you have any questions. My cell phone is: (786) 236-5328. Sincerely, THE RELATED GROUP OF FLOR. DA LBJ':eb Location Map Marina Exhibit "B" WOETH ~cww/ i' Xzz. - LEGAL ri'EM B.1 CITY OF BOYNTON BEA AGENDA ITEM REQUEST FURtv Requested City Commission Meeting Dates [] April 1,2OO3 [] April 15, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned in to City Clerk's Office Meeting Dates in to Cit3' Clerk's Office March 17, 2003 (Noon.) [] June 3, 2003 May 19, 2003 (Noon) March 31, 2003 (Noon) [] June 17, 2003 June 2, 2003 (Noon) r April 14,2003 (Noon) · ~ July 1, 2003 June 16, 2003 (Noon) May 5, 2003 (Noon) [] July 15, 2003 June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Approve amendment to Code of Ordinances, Chapter 9, "Fire Protection and Prevention" adding language specific to the prohibition of pyrotechnic and similar devices in buildings and other enclosed areas. EXPLANATION: This ordinance enhances the "Fireworks" provision in the code and addresses a need highlighted by recent tragedies involving pyrotechnic use in non-regulated settings. PROGRAM IMPACT: Program impact is limited to enforcement criteria that is already in place. FISCAL IMPACT: None ALTETTIVES: Do not approve this request. - DepartVmeni He~d~ignature ~i~amre Department Name ~" City Attorr~3//Finance / Human Resources S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 03- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 9, "FIRE PROTECTION AND PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF BOY'NTON BEACH, BY AMENDING SECTION 9-18, "FIREWORKS" TO PROVIDE FOR PROHIBITION OF THE USE OF PYROTECHNIC SPECIAL EFFECTS, FLAME EFFECTS OR SIMILAR DEVICES INSIDE BUILDINGS OR OTHER ENCLOSED SPACES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.. WHEREAS, the Fire and Life Safety Division of the Fire Rescue Department md the City Commission has determined that the prohibition of pyrotechnic special fffects, flame effects or similar devices inside buildings, tents or other enclosed spaces ~romotes the health, safety, and welfare of the residents of Boynton Beach; and WHEREAS, the City Commission has also determined that it is in the best nterests of the citizens and residents of the City of Boynton Beach to amend the Code of Ordinances to prohibit the use of pyrotechnic special effects, flame effects or similar devices inside buildings, tents or other enclosed spaces. NOW THEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF THE CITY OF BOYNTON BEACI-I, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 2. That Chapter 9. Article II, Fire Codes and Fees. is hereby maended by creating a new subsection (k) by adding the words and figures in underlined :ype as follows, and renumberingdrelettering the existing subsection (k) to subsection (1): ;:\CA\Ordinances\Fire - Chapter 9'ffircworks -pyrotech prohibition.cfi (k} The use of rotechnic s ecial effects flame effects and/or similar devices inside buildin s tents structures and/or other enclosed s aces is rohibited. Flame effects include but are not limited to batons and/or torches fueled b ii uid solid or aseous fuels' flame ro'ectors which roduce heat effects and/or flames' flash owders corn osed of fuel s and oxidizer s' flares and similar devices, rotechnic s eciai effects include but are not limited to chemical mixtures used in the entertainment indust to roduce visible audible or thermal effects b combustion defla ration or detonation. (-k--) l__(J)_ Any violation of this section shall subject an offender to arrest... Section 3. Each and every other provision of Chapter 9. Fire Protection and not herein specifically amended, shall remain in full force and effect as adopted. Section 4_. All laws and ordinances applying to the City of Boynton Beach in :onflict with any provisions of this ordinance are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion ,f be declared by a court of competent jurisdiction to be invalid, such decision shall Section 6. Section 7. FIRST READING this affect the remainder of this Ordinance. Authority is hereby given to codify this Ordinance. This Ordinance shall become effective immediately. 2003. day of -, :\CA\OrdinancesXFire - Chapter 9~reworl~ .pyrotech prohibition.rtl SECOND, FINAL READING AND PASSAGE this _ day of CITY OF BOYNTON BEACH, FLORIDA Mawr Vice Mayor Commissioner Commissioner Commissioner Clerk :\CA\OrdinanceskFire - Chapter 9Lfireworks -pyrotech prohibition.rtf XIZI-UNFZNISHED BUSINESS ZTEM A. CITY OF BOYNTON BEA£ AGENDA ITEM REQUEST FO v, Requested City Commission Meeting Dates ] April 1,2003 [] ~i ~s, 2003 [] May 6, 2003 [] May 20, 2003 Date Final Form Must be Turned in to City Clerk's Office March 17, 2003 (Noon.) March 31, 2003 (Noon) April 14, 2003 (Noon) May 5, 2003 (Noon) Requested CiVy Co ,remission Meeting Dates ] June 3,2003 ] Jun~ 17, 2003 [] luly I, 2003 [] July 15. 2003 Date Final Form Must be Turned in to Ciw Clerk's Office May 19.2003 (Noon) June 2, 2003 (Noon) June 16, 2003 (Noon) June 30, 2003 (Noon) NATURE OF AGENDA ITEM [] Administrative [] Legal [] Announcement [] New Business [] City Manager's Report [] Presentation [] Consent Agenda [] Public Hearing [] Code Compliance/Legal Settlements [] Unfinished Business RECOMMENDATION: Motion to remove from the table and discuss the Agenda Item -Authorize eminent domain proceedings for the acquisition of 4 parcels of land from 4 private property owners in order to construct a stormwater retention pond associated with the NE 7~ to 10~ Avenue Stormwater Improvement Project (INCA Project). EXPLANATION: We have not been able to get all of the parties together to attempt to work out a settlement of this property acquisition. Therefore, this item has been tabled at least twice. However, we must get on with the project, and therefore, we are asking that the City Commission take the action to authorize the staff to move forward with eminent domain proceedings. PROGRAM IMPACT: Authorizing the process will allow the project to move forward at this time. Approving the motion to authorize beginning the eminent domain proceedings as was originally recommended will not preclude the parties from talking further or negotiating either with the individual property owners or with the collective group of the 4 owners. In fact, authorizing the eminent domain proceedings will give the City staff the authority to order up-to-date appraisals and environmental analyses which would have to be done anyway if eminent domain proceedings were to get formally started. Adopting this motion does not mean that the City would be "taking" any property. Adopting this motion only authorizes the staff to take the next step (of many) toward possible eminent domain (which can be avoided if we can come to an agreement with the 4 property owners). S:~BULLETiN~ORMS~,AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: None ALTERNATIVES: To keep the item on the table. UTILITIES DEPARTMENT Department Name City Manager's Signature City Attorney / Finance / Human Resources S:~BULLETINWORMSkAGENDA ITEM REQUEST FORM.DOC THE URBAN GROUP, INC. 1424 South Andrews Avenue, Suite 200 Fort Lauderdale, Florida 33316 CITY OF BOYNTON BEACH Storm-Water Site Acquisition Status fo N ~. ~ loth N E ?~h AVE '~ ~ j l ~'"' i , z zlZtZ ~i c' E: E ~1~I~i~ ~l t ~ ~J~ O~ OI Oi 0 0 0 -ti. NEGOTIATION SUMMARY Seller's Position: Seller: Degen, Gerhard Subject Property Location: Block 3, Lot 1 County records inadvertently missed the quit claim of lot 1, an Assessed Value is not available. In June 2000, the subject property was acquired for a reported sum of $17,500. This property is not currently listed for sale. Through our negotiations, Mr. Degen has determined that his asking pdce is $100,000. Mr. Degen believes the justification in support his figure is due to the loss of profit he would realize if he, as a investor, developed the site with a single-family improvement. In addition, Mr. Degen is of the opinion that a replacement of such a property is not available and therefore increases the value of his property. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine the fair market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the : property at $50,000. The issue over loss of potential revenue is one not compensable in an emine~ domain case. This issue over potential use is weighed and considered in the appraisal under the [ concept of highest and best use. Loss potential revenue should not be considered in the assessment of fair market value in acquiring vacant land. It is also not the buyer's responsibility to provide a replacement site in Eminent Domain involving vacant land. The appraisal considers recent sales and available properties in determining fair market value. If the supply is Iow and the demand is high then the fair market value is adjusted upward. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that the subject property value is in excess of the June 2000, purchase pdce. As the seller has pointed out, there is a diminishing supply of vacant land in the area and a increase in demand. This has been weighed and considered by the appraiser. Without the ability to compensate the seller for potential loss revenue, we can not substantiate the asking pdce. A meeting has been set for December 26m, with the property owner to discuss a $60,000 settlement figure. This figure is comprised of the recent appraised value of $50,000, and $10,000 in cost avoidance. If we are able to reach this settlement figure without initiating eminent domain proceedings, the City will realize a cost savings from not having to formally take the property. The cost avoidance is based on not incurring the expected expenses in a lawsuit, such as legal fees, appraisal fees, engineering fees and other expert witness fees. In the event this settlement figure, is not reached, it is recommended to pursue formal proceedings to acquire the property. February 3, 2003 NEGOTIATION SUMMARY Seller's Position: Seller. Robert P. Brown Subject Property Location: Block 5, Lot 2 2001 Assessed Value $5,508. In February 2000, the subject property was acquired for a reported sum of $4,500. Originally the property was listed for $30,000. On June 20, 2001, the property listing was increased to $60,000. Then in May of 2002 the property listing increased to $90,000. Currently the property is no longer listed for sale on Multiple Listing Service. Based on our negotiations, Mr. Brown has increased his asking pdce of the subject property to $250,000, stating he may take $125,000 as a settlement. Mr. Brown has not demonstrated a valid justification to support his figure. Buyer's Position: The City has hired an independent State Certified General Real Estate Appraiser, to determine a market value. Based on an appraisal dated July 31, 2002, Real Property Analysts valued the property at $40,000. Comments/Recommendations: Based on research of vacant land in the area, I believe it is fair to say that be subject property value is in excess of the February 2000, purchase pdce. There is a diminishing supply of vacant land in the area and an increase in demand. There is however no supporting sales or listings, whether current or historically for this area, to substantiate the asking pdce. More than reasonable efforts have been extended to purchase the subject property. All land surrounding the subject is now owned by the City. It is my recommendation, that the City proceed with eminent domain to acquire the land. February 3, 2003