Agenda 11-15-05
The City of
nt.. n. B.a
i: ,~,
> . "."'. . ......
f", ,f, ..... ......
: ;... 1. _-:_!
h~ '
:,1'
100 E. Boynton Beach Boulevard. (561) 742-6000
City Commission
AGENDA
November 15,2005
Jerry Taylor
Mayor
At Large
Kurt Bressner
City Manager
DISTRI T I
Bob Ensler
Commissioner
District I
Mack McCray
Vice Mayor
District II
Mike Ferguson
Commissioner
District III
Carl McKoy
Commissioner
District IV
www.boynton-beach.org
We're Reinventing City Living for
the Millennium
WELCOME
Thank you for attending the City Commission Meeting
GENERAL RULES a. PROCEDURES FOR PUBLIC PARTICIPATION AT
CITY OF BOYNTON BEACH COMMISSION MEETINGS
THE AGENDA:
There is an official agenda for every meeting of the City Commissioners, which determines the order of
business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or
item of business, which is not listed upon the official agenda, unless a majority of the Commission has first
consented to the presentation for consideration and action.
· Consent Agenda Items: These are items which the Commission does not need to discuss individually
and which are voted on as a group.
· Regular Agenda Items: These are items which the Commission will discuss individually in the order
listed on the agenda.
· Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either
a regular voice vote with "Ayes & Nays" or by a roll call vote.
SPEAKING AT COMMISSION MEETINGS:
The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public
Audience, and on any regular agenda item.
City Commission meetings are business meetings and, as such, the Commission retains the right to limit
discussion on an issue.
· Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public
Hearings."
· Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of
the Commission.
· Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after
a motion has been made and properly seconded.
.
ADDRESSING THE COMMISSION:
When addressing the Commission, please step up to either podium and state, for the record, your name and
address.
DECORUM:
Any person 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).
CITY OF BOYNTON BEACH
REGULAR CITY COMMISSION MEETING
AGENDA
November 15, 2005
6:30 P.M.
I. OPENINGS:
A. Call to Order - Mayor Jerry Taylor
B. Invocation by Reverend Rick Riccardi - Police Chaplain
C. Pledge of Allegiance to the Flag led by Commissioner Mike Ferguson
. Selection of Vice Mayor per Section 2-1.2 of City Code
. Administration of Oath of Office to Vice Mayor
. Presentation of Plaques to Commissioners
D. Agenda Approval:
1. Additions, Deletions, Corrections
2. Adoption
II. OTHER:
A. Informational Items by Members of the City Commission
III. ANNOUNCEMENTS, COMMUNITY a. SPECIAL EVENTS, a. PRESENTATIONS:
A. Announcements:
None
B. Community and Special Events:
1. "A Season of Peace" holiday tree lighting ceremony will be held on
November 20th from 4-] p.m. at the Schoolhouse Children's Museum on
Ocean Avenue. Admission is free. Entertainment and food will be
available.
C. Presentations:
1. Proclamations:
None
IV. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS (at
the discretion of the Chair, this 3-minute allowance may need to be adjusted
depending on the level of business coming before the City Commission>
1
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 15, 2005
V. ADMINISTRATIVE:
A. Accept the resignation of Greg Emery, a Regular Member of the Veterans
Advisory Commission
B. Accept the resignation of Robert Zimmerman, a Regular Member of the Building
Board of Adjustments and Appeal
C. Appointments to be made:
Appointment Length of Term
To Be Made Board Expiration Date
Mayor Taylor Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(2)
I Ensler Adv. Bd. On Children & Youth Alt 1 yr term to 4/06(2)
III Ferguson Adv. Bd. On Children & Youth Reg 1 yr term to 4/06(3)
IV McKoy Adv. Bd. On Children & Youth Reg 1 yr term to 4/07(3)
II McCray Arts Commission Alt. 1 yr term to 4/06(2)
IV McKoy Cemetery Board Alt 1 yr term to 4/06(2)
II McCray Code Compliance Board Alt 1 yr term to 4/06(2)
III Ferguson Code Compliance Board Alt 1 yr term to 4/06(3)
IV McKoy Education Advisory Board Alt 1 yr term to 4/06(2)
II McCray Library Board Alt 1 yr term to 4/06(2)
I Ensler Veterans Advisory Commission Alt 1 yr term to 4/06(2)
II McCray Veterans Advisory Commission Alt 1 yr term to 4/06(2)
III Ferguson Employees' Pension Board Reg 3 yr term to 4/08(3)
VI. CONSENT AGENDA:
Matters in this section of the Agenda are proposed and recommended by the City Manager for
"Consent Agenda" approval of the action indicated in each item, with all of the accompanying
material to become a part of the Public Record and subject to staff comments.
A. Minutes:
1. Special Commission Meeting - October 25, 2005
2. Agenda Preview - October 28, 2005
3. Regular City Commission -November 1, 2005
2
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 15, 2005
B. Bids and Purchase Contracts - Recommend Approval - All expenditures are
approved in the 2005-2006 Adopted Budget.
1. Approve renewal of consultant agreements issued under RFQ #065-2821-
03/0D as allowed in the agreement and authorize the Utilities
Department to conduct negotiations for compensation rates with the
same consultants/engineers qualified under RFQ #065-2821-03/0D,
November 18, 2003.
2. Accept the award of the block grant between the City of Boynton Beach
and the u.s. Department of Justice, Justice Assistance Grant Program
(JAG) in the amount of $55,965.00.
3. Award "CO-OP LIQUID CHLORINE AND SODIUM HYPOCHLORITE, (West
Palm Beach is the lead agency), Bid #027-27241-05/JA TO ALLIED
CHEMICAL CORPORATION. The total estimated annual expenditure is
$150,000.00.
4. Approve the purchase of recap tires from Pride Enterprises on an "As
Needed Basis" with an annual expenditure of $55,000.00. (Tabled
11/1/05)
C. Resolutions:
1. Proposed Resolution No. R05-190 RE: Amending
Resolution R05-104 to correctly reflect the number of special events as
twelve (12) in the current agreement between the City of Boynton Beach
and Boynton JCP Associates, LTD.
2. Proposed Resolution No. R05-191 RE: Authorizing
execution of an agreement for Traffic Enforcement between the City of
Boynton Beach, FL and Nautica Homeowner's Association, Inc.
3. Proposed Resolution No. R05-192 RE: Approving and
authorizing execution of a Mutual Aid Agreement for Water/Wastewater
coordinated by Florida's Water/Wastewater Agency Response Network
(FlaWARN).
4. Proposed Resolution No. R05-193 RE: Approving and
authorizing execution of an Agreement with the South Florida Water
Management District (SFWMD) to accept a $222,800 grant for the
construction of Aquifer Storage and Recovery Well # 2 (ASR-2).
5. Proposed Resolution No. R05-194 RE: Ratifying an
emergency contract with Justin Industries for debris removal services
3
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 15,2005
after Hurricane "Wilma" at the Municipal Golf Course for a total
expenditure of $145,000.00.
6. Proposed Resolution No. R05-195 RE: Authorizing
the execution and payment of the annual service agreement between
Motorola and the City of Boynton Beach in the amount of $124,785.96.
D. Ratification of Planning & Development Board Action:
None
E. Ratification of CRA Action:
1. Majestic Gas (ZNCV 05-007) Request for relief from the City of
Boynton Beach Land Development Regulations, Chapter 2, Zoning,
Section 4-L, requiring a six (6) foot solid, stucco masonry wall to allow a
six (6) foot vinyl or wood fence in a C-2 Neighborhood district abutting an
R-1-A Single Family Residential neighborhood. (Tabled 11/1/05)
F. Return cash bond of $3,300.00 to Serraes Construction for the project known as
St. Mark Catholic Church.
G. Return cash bond of $29,198.40 to Elder-Jones, Inc. for the project known as
Nextel Communications (Store #35, Boynton Beach Mall).
H. Return cash bond of $11,000.00 to Pyramid Construction for the project known
as Dunkin Donuts.
I. Return cash bonds of $1,495.00 and $15,400.00 to Southern Construction &
Design Group, Inc. for the project known as Murano Bay (sales trailer).
J. Return cash bond of $11,000.00 to Phegley Corp. for the project known as Largo
Pointe.
K. Approve Change Order #3 for the Library Expansion Project in the amount of
$171,902 to cover the cost escalations to the contractor from the precast
structural subcontractor.
L. Accept the written report to Commission of purchases over $10,000 for the
month of October 2005.
VII. CODE COMPLIANCE a. LEGAL SETTLEMENTS:
None.
4
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 15, 2005
VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
THE CITY COMMISSION WILL CONDUCT THESE PUBUC HEARINGS IN rrs DUAL CAPACITY AS LOCAL
PLANNING AGENCY AND CITY COMMISSION
Spotts Abandonment (ABAN 05-007)
Daniel Spotts
Daniel Spotts
805 North Federal Highway
Request for abandonment of a portion of a 20 foot wide right-of-
way west of North Federal Highway abutting the Florida East
Coast Railway. (Jst reading Proposed Ordinance No. 05-066)
(Tabled to 12/6/05)
IX. CITY MANAGER'S REPORT:
A.
Project:
Agent:
Owner:
Location:
Descri ption:
None
X. FUTURE AGENDA ITEMS:
A. Proposed amendment to Parks Dedication Code ordinance to modify the review
time line. (12/06/05)
B. Analysis of Water Capital Improvement Fees. (1/3/06)
C. City Manager's Evaluation (Tabled TBD)
D. Placement of quasi-judicial items on agenda.
E. Report on City's potential help and other governmental entities for "at-risk"
citizens during declared emergencies.
F. Update on City's position on minority contracts.
G. Redistricting of Commission Districts presentation by FlU (12/06/05)
XI. NEW BUSINESS:
None
XII. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
5
Agenda
Regular City Commission Meeting
Boynton Beach, Florida
November 15, 2005
None
B. Ordinance - 1st Reading
1. Proposed Ordinance No. 05-067 RE: Amending
Chapter 2 Administration, Section 2-16, City Boards and Commission:
Minimum Qualifications for Appointment, Membership; Revising
Subsections (a) and (b) allowing non-residents to serve on Advisory
Boards. (Tabled 11/1/05)
2. Proposed Ordinance No. 05-069 RE: Amending
Land Development Regulations, Chapter 20, "Buildings, Housing and
Construction Regulations", Section 4, "FEES; to provide for an increase in
the percentage to 2% of the total valuation for permit fee calculation
purposes.
C. Resolutions:
None
D. Other:
None
XIII. UNFINISHED BUSINESS:
None
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM
RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE 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 ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE
CONTACT JOYCE COSTELLO, (561) 742-6013 AT LEAST TWEN1Y-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE
CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
Agenda
S:\CC\WP\CCAGENDA\AGENDAS\Year 2005\111505.doc 111405 10:30 A.M
6
I-OPENINGS
~\1"~_or:-
\
~( )r
o ' (J
)..~ /<;-
~,.~ .
:r~ N ""
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16,2005 August 1,2005 (Noon) 0 October 18, 2005 October 3,2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005 October 17,2005 (Noon)
0 September 20, 2005 September 6,2005 (Noon) [8J November 15,2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
c.;
'l........'
~n
"1...;:~:
)
,.,.,
,
-~
~ --t
RECOMMENDATION: Selection of Vice-Mayor per Section 2-1-2 of City Code
Cl
f'0
~'\ (~)
'_.;l~
"qCO
.-- fT1
O:t>
;-'1"
EXPLANATION: Please see the City Code Provisions below:
Sec. 2-1.2. Vice-Mayor appointment.
At the second regular City Commission meeting in November of each year, the City Commission
shall appoint one of its members to serve as Vice-Mayor. Any member ofthe City Commission who has
not previously served as Vice-Mayor during his or her current term of office may be selected to serve as
Vice-Mayor. No second of the nomination is required. Voting shall occur in the following manner:
V oting shall be by voice vote. Each member of the Commission shall vote for one nominee in each
round of voting until one person obtains a majority vote. Ifno nominee obtains a majority in round one,
there is another round of voting but the nominee with the least number of votes does not move on to
round two. If there are four nominees in round one, the nominee with the most votes wins. If only one
member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee appointed by
acclamation without the necessity of a vote.
(Ord. No. 03-063, S 1, 12-16-03)
PROGRAM IMPACT: NA
FISCAL IMPACT: NA
ALTERNATIVES: NA
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
Sl" \..,....:._.o....,~
l \
j \
ill \\ ):r;
0,. i' U
J..;,~ . ./ \-
v I" 0 .... \> ~
CITY OF BOYNTON BEACH
AGENDAITEMRE:~
Department Head's Signature City Manager's Signature
City Attorney / Finance / Human Resources
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
~"(".\
:1'- 1\ \J \
" \ '_ _~~...~I.,-,.r.~...,
(-.\-. "",'-,-'- .'- -: ,- . '\~. ,,'
I V. ADMINISTRATIVE
ITEM A.
c..,' ~f' \
,..'.1
,]. ~.,)
\ \,' \ \-: .,.
.... \
October 21, 2005
Honorable Mayor Jerry Taylor and
Members of the City Commission
City of Boynton Beach, FL
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mayor Taylor and Members of the City Commission,
It is with regret that I submit my resignation as a Regular Member of the
Veterans Advisory Board to which I was recently appointed. When I accepted
this appointment it was my understanding that the Veterans Advisory Board
would hold their meetings on the third Wednesday of each month at 6:30
P.M. in the library. I attended the first meeting of this Board on October 19,
2005. At that meeting it was decided by the other Board members that future
meetings of this Board will be held on the second Wednesday of each month,
commencing in December of2005.
Because of previous commitments I will be unable to attend meetings on the
second Wednesdays of each month.
Thank you for having given me the opportunity to serve my community.
W;~
Greg Emery
1722 Wood Fern Drive
Boynton Beach, FL 33436
V. ADMINISTRATIVE
ITEM C.
APPLICANTS ELIGIBLE FOR APPOINTMENT 11/15/05
LAST NAME FIRST 1 st CHOICE 2nd CHOICE 3n1 CHOICE APPUCATlON
NAME SUBMITTED
Allard John Recreation and 9/13/05
Parks Bd.
Barnes Matthew Community Planning and 7/27/05
Redev. Agency Development Bd
Fitzpatrick Michael Planning & 2/25/05
Development
Board
Lender Wayne Community 1/28/05
Redevelopment
Aaency
Rice Robert Building Bd. Of Code Planning & Dev. 10/17/05
Adj. and Apls. Compliance Board
Board
Richman Nubia Recreation & Arts 8/18/05
Parks Board Commission
Rodriguez Jose Community 9/30/05
Redevelopment
Aaency
APPUCANTS FOR VETERANS ADVISORY COMMISSION:
(There are two non-residents permitted by Ordinance; One (1) in a Regular position and
one (1) in an Alternate Position. Those position are currently filled.)
* Andrea William Veterans 9/19/05
Commission
*Goldgeier Larry Veterans 9/16/05
Commission
*Jones Jerry Veterans 9/19/05
(Gerald) Commission
*Leibensohn Marvin Veterans 9/16/05
Commission
**Milano Angelina Veterans 9/19/05
Commission
* Marilyn Veterans 9/19/05
**Nemes Comission
**Sims Wilbur Veterans 9/22/05
Jean Commission
. * Non resident
. **May Serve Only as an Honorary Member
JAP
11/8/20053:50 PM
S:\CC\WP\BOARDS\APPMENTS\Board Year 2005\APPLlCANTS ELIGIBLE FOR APPT 11 15.doc
,/
L/~'
~;I
V
vi
x
v
) "",, .--:;!/
I.../.......-A~_ ./"/ ~,
'__. L' j )/7/' I ,,/'n
, , ......-...., / '--
/7
// ") ."
/' ;/ /1
/" -.---..- -. ......
I'
OA
V. ADMINISTRATIVE
ITEM B.
,//
~~.--7 ~c/'
<'f/ ,/ '> '- /L <::',/) '--
/
;/ cr5; c/ /--: ~ 'e/
,/. /"- r yc.-----;
,/~...
(/ t..>
,.,.--
/-
/'
'.----. '
../
'/
f-<,J-; ~
/. 7
j? ) {)-'....~/t/,{A/\
~/ ;" ,-
I
(24q:e~ ~~
. J/~ /-' C /1/7
v --" 1/'
/ ~-:/ /~ < .~j-:';7 (( ?.!J /
./
{
//' ]/ /7 .;:/- /:/
[/['7' L/~~V--Z /L
,t: '.. f'
/1./<" ,t::<../ C;:;f
../'\
',------<:
a~/"
///
):-/~//. /) I ~'
,c -,,: -- .-
/'> /;:. i ." - ---;
.. (, ) ....~~ 7 /~ 1/
,/ / J U '-V'vLA:::.
I .
L/ .
P') 'j /1/'. r
vfi../~.c.7-. -/1
, . - I /
(/
/,.,' J
.-" ._ / h
,..J'Ln. .M'I ,I / ,/ ,j
v 7' ./L" \...-
, !
() t~? ~/-
.-:./'>' /' ~/ \... / /vtt. /
./ t/t,/ ]..-t-.,)- L';~'/ ~:c=-e '/' // I/) ,-,Le' If'
, ./ I ___ /' {/' " l
., .. -// , - f/
~)C>c/A ,/ ~ Ct-/,p4~~
L/ /
.-...._~,/
'0> ;
f..//} /) /. /
1/(--/
i/
.-y ,/
..- " /' ./
L/~~ /) j/C);~ /'1
, ,/ - v.L-
./
'?fA/V{!t-~J t/'C /;:2~ /2~<<.e /~l-) //~p v"'--
1/ - /'"
:;Ct40 /;~{,){/ (p/~/2"''J /__Z'~ bi/}'1("jt/~~
.'/ l/ '- /'
._'^' / v' /
/ \Z/r
/""--//. iZ/
4-""--
i.
t/
... ;
) ,Ut/'/ .t;..:;/
" ~./, /~
l.e.-" .
./-,~/' ./.} ,/
./ ( ~/7/1 ~ .;9' , // /,
'----1/. / /[./ /' (t./\/t..-t::.// 1.."<C
. ! .'
V
{)S :r-
'...-"
i
6"~ ,1C}/
//;
<II /:{//
/ . /' /0./'t., i
/ L '.. i
i\ . /J
/r':Y // ]i~/~ / //_... / rf /,~/Jr
f { . t/t/ ,/ V L---,:
p-Y?-'fl ~ /:S il <04 /:z--
/ I
u .5~ C/; J-b
// ~
I., #~~/t::4-??rt:2~~~
1....
r{:J V ~;n'~'
\.1;
t
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.l.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon)
D August 16,2005 August I, 2005 (Noon) D October 18,2005 October 3, 2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon)
C")
D September 6, 2005 (Noon) October 31, 2005 (Noon) ..--
September 20,2005 _oj
,_OJ
~ Administrative D Development Plans -,
NATURE OF ~ Consent Agenda D New Business ,
.-
AGENDA ITEM D ..;
D Public Hearing Legal ":.J
-.
\ --
D Bids 0 Unfinished Business -- :-;
'-=) - --I
0 0 -...-
Announcement Presentation :c-;...
-'-J
D City Manager's Report
RECOMMENDATION:
Motion to approval renewal of consultant agreements issued under RFQ # 065-2821-03/CJD as allowed
in the agreement and authorization for the Utilities Department to conduct negotiations for
compensation rates with the same consultants/engineers qualified under Request for Qualifications
(RFQ) #065-2821-03/CJD, November 18,2003.
EXPLANATION:
This RFQ was issued to secure the services of qualified consultants/engineers for assignments logically
tied to the development, operation, and maintenance of the City of Boynton Beach Utility Department;
but, also intended for use by other departments as applicable.
Top ranking qualifiers, identified in Exhibit A, were approved for consultant and/or engineering services
through a RFQ process and approved by the City Commission on September 16, 2003. Subsequently,
the Utilities Department conducted negotiations for compensation, the compensation rates were
approved by the City Commission on November 18,2003.
The RFQ agreement for services was for an initial period of two-years. The agreement included a
renewal provision for two (2) additional two (2) year periods subject to consultant acceptance,
satisfactory annual performance evaluation and determination that renewal is in the best interest of the
City.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
t
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
PROGRAM IMPACT:
All 20 of the consultants/engineers approved under the RFQ were contacted, soliciting their interest in
renewing their agreement. All 20 have submitted positive responses. The consultants/engineers who
have current or past task orders have all received satisfactory performance evaluations.
FISCAL IMPACT:
The fiscal impact is dependent on the CIP and the project importance and timing.
AL TERNA TIVES:
Alternate One:
The City could conduct a new Request for Qualifications. Since the current RFQ expires on November
17, 2005, the consultants/engineers are under no obligation to honor the existing rates for new services
until such time the new RFQ would be approved.
Alternate Two:
The City could conduct a separate RFQ for each engineering project and/or ancillary study or other
servIces.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.roc
t
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Alternate Three:
Approve and authorize Utilities staff to conduct negotiations with the list of qualified
consultants/engineers returning a positive response to extend their current agreement.
Utilities staff recommends Alternate Three as a cost and time savings method for determining equitable
compensation for consultant/engineering services that can be used by all departments. Alternate Three
would be in the best interest of the City and provides the City with a cadre of qualified
consultants/engineers for a multitude of projects.
~. ~,
Kofi Boateng
Director of Utilities
~~
Kurt Bressner,
City Manager
Utilities
Department Name
Attorney / Finance / Human Resources
bc: Kofi Boateng, Director of Utilities
Paul Fleming, Sr. Project Manager
Barb Conboy, Manager, Utilities Administration
PMT File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
,
/1
TWO (2) YEAR CONTRACT FOR GENERAL CONSULTING AND
ENGINEERING SERVICES FOR THE CITY OF BOYNTON BEACH
RFQ #065-2821-03/CJD
COMMISSION APPROVED SHORT LIST
Commission Agenda September 16, 2003
Attachment No. 1
----~< _.-
.-. SCOPESOF~SE~~:S . .
Scope A Scope B Scope C . Scope D
NAME OF CONSULtANT
1 Arcadis, Geraghty & Miller X X
2 Boyle Engineering Corporation X
3 Brown & Caldwell X X
4 Camp Dresser & McKee, Inc. X
5 CH2M Hill, Inc. X X X X
6 Craie A. Smith & Associates X
7 Crossroads Engineering, Inc. X
8 Global Tech, Inc. X X X X
9 Hartman & Associates, Inc. X X
10 KimleY-Hom & Associates, Inc. X X X
11 LBFH, Inc. X
12 Lawson, Noble & Webb, Inc. X
13 Marco Water Engineerino X
14 Mathews Consultino, Inc. X
15 Metcalf & Eddy, Inc. X X X
16 PBS & J Corporation X
17 SFRN, Inc. X X
18 Stanley Consultants, Inc. X
19 URS CO/'Doration X X
20 Wantman Group, Inc. X
Page 1 of 1
, The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
ODice: (561) 742-6400
FAx:" (561) 742-6298
Website:www.cbbutilities.org
~.
.......((
.'~' . -.' '~
: ..
'>. ..:..
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #Of:-2821-C3/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
ARCADIS G & M, INC.
Name of Firm
Contract Renewal Period: November 18, 2005 through November 17, 2007
../ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No,! do not wish to renew the contract.
. .~~'
ARCADIS G & M, INC.
NAME OF FIRM
SI~~
L,wq W~
NAME OF REPRESENTATNE
(please print)
Y/6t:::- PJ2-871 J/Ef.J T
TITLE
0/ 28/00
DATE
(~Ul) BB/,D077 exr 17
(AREA CODE) TELEPHONE NUMBER
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutilities.org
September 20, 2005
Arcadis G & M, Inc.
Tom Tessier, P .E.
712 U.S. Highway 1, suite 200
North Palm Beach, FL 33408
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. Tessier:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at(561) 742;5406. _
Sincerely,
CITY OF BONON BEACH
4- AY~S~
Kofi Boateng, P.E.
Utilities Director
Attachment
/ktr
/
~
bc: Barb Conboy, Manager Utilities Administration
Utilities File
09/27/2005 13:53 FAX 4074223866
BOYLE ORLANDO
141 002
The City of Boynton Beach
UtiJjcjes 1Jepartment
124 E. Woolbright Rosd
Boynton 8~ch, Florida 38485
Office: (561) 742-6400
FAX: (56JJ 74/NJ298
Wl!:bsite:wwPI'.chbutilities_org
tr?~o: ,
'"0 V~~\V'-=~_-,C"
J-~G- (,
"'>'ro N 0
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re; RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
BOYLE ENGINEERING CORPORATION
Name of Firm
Contract Renewal Period: November 18, 2005 through November 17, 2007
i Yes, I agree to renew the existing contract under the Tenns and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of se1Vices.
_ No, J do not wish to renew the contract.
BOYLE ENGINEERING CORPORATION
NAMEOFFlRM
AL~
SIGNATIJRE
A. Thomas Brown, P.!.
NAME OF REPRESENTATIVE
(please print)
Vice President
TITLE
September 27, 2005
DATE
407-425-1100
(AREA CODE) TELEPHONE NUMBER
America:' Gateway to the Gulfstres.m
B R () \\ \ AND
C \ L f) \\ IlL
1800 South Australian Avenue
Suite 202
West Palm Beach, Florida 33409
Tel: (561) 684-3456
Fax: (561) 684-9902
www.brownandcaldwell.com
September 26, 2005
Mr. Kofi Boateng, P.E.
Utilities Director
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Subject: RFQ #065-2821-03/C]D
Dear Mr. Boateng:
Attached please find executed extension to our General Consulting and Engineering
Services.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CALDWEll
~cA1;:(~
Ronald M. Ash, P.E.
Vice President
RMA:kc
Enclosures (1)
cc: File
09/23/05 p: \admin \ ronashcorrespondencc \genconeng.doc/kc
Environmental
Engineers
&-
Consultants
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutijjties.org
C{)
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
BROWN & CALDWELL
Name of Firm
Contract Renewal Period: November 18,2005 through November 17, 2007
V Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
- /'
/
6..
BROWN & CALDWELL
NAME OF FIRM
~Ot\.JftLO M. !~~H
NAME OF REPRESENTATIVE
(please print)
V I c..rs ~~Sl OlElV r
TITLE
o CJ /J6j ~{)O~
DATE ~
70/- (;~LJ-3L1.s- b
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the GuliStream
CDNI
1601 Belvedere Road, Suite 211 South
West Palm Beach, Florida 33406
tel: 561 689-3336
fax: 561 689-9713
September 30,2005
~i@I!U\YlI@
OCT - ~ :.
BOYNTON BEACH UT/LmEs
Mr. Kofi Boateng, P.E.
City of Boynton Beach
Utilities Department
124 Woolbright Road
Boynton Beach, FL 33406
Subject:
RFQ # 065-2821-03/CJD
Two (2) year contract for General Consulting and Engineering Services
Dear Boateng:
Please find enclosed the acceptance form for the renewal of the General Consulting and
Engineering Services contract.
CDM is pleased to accept the 2-year renewal and for the opportunity to continuing serving
the City of Boynton Beach.
Very truly yours,
c~
Ana DeMelo, P.E.
Sr. Project Manager
Camp Dresser & McKee Inc.
Attachment
c: David Collins, P.E., DEE
File: OOOO-DLCNB-MW.DLCBB
N:\OOOOlWLB2581.doc
consulting. engineering. construction. operations
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutilities.org
(((......\
1-)
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
CAMP DRESSER & Mc KEE, INC.
Name of Firm
Contract Renewal Period: November 18,2005 through November 17,2007
/' Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
CAMP DRESSER & Mc KEE, INe.
NAME OF FIRM
{)J~Cf)J~
SIGNATURE
tA.'\\ '\ d L. G L-LI ~.s
NAME OF REPRESENTATIVE
(please print)
Associ de
TITLE
~/~/o)
DATE '
('S1J;/) lo8q-~33b
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX (561) 742-6298
Website:www.cbbutilities.org
t
September 20, 2005
CH2M Hill
Grethe McLaughlin, P.E.
800 Fairway Drive, Suite 350
Deerfield Beach, FL 33441-1831
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Ms. McLaughlin:
The initial two-year term for the contract referenced above will expire November 17, 2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
~ITr.OF BO;F\~N BEACH
h~t~~
Kofi Boateng, P .E. ~ - -
Utilities Director
Attachment
/ktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
Americas Gateway to the Gulfstream
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
OflJce: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutilities.org
.~.....
{)
Attention:
Barbara Conboy,
Manager, Utilities Administration
fR)~
, @~Q rv.
.."'<'-.::J '~~
"'-' ? q u;;: fJ/J
80YNToN8f4 ' 2t.t/i
rcHUllLH'l!s
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
CH2M HILL
Name of Firm
Contract Renewal Period: November 18, 2005 through November 17, 2007
~Y es, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
CH2M HILL
NAME OF FIRM
~~
SIGNA TUR
!Nt JI1 d y N.ero
.
NAME OF REPRESENTATIVE
(please print)
fila ~(:dc;vr
TITLE
J:c.(}!c n,/b ij J 7 Jo c> s
DATE
Q'5 Y ~ If)..).J )r~/(
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
FP,!JM : BOYNTON BEACH UT I TIES
F~X NO, :561 742 6298
Dot. 06 2005 04:56PM P2
The City ofBo~ton Beach.
, UtiJJIiH .Dt,PV'tmtNJt
1M E. Wfll)/hJoilf1lt.~nd
BoYDII>>J BMr;/r. JI'Icm.'dfJ 3$495
0JrJt!(): (5fJV '.6Q-64oo
}:AX: (661) '142'62118
R"~b&im~chbutJliti/NI.Q"
September 20~ 2005
10' {p.O.:; Sk~.. 5n.i~
Cj5i.{. n~ ?; 't ';'7 6f>X
Craig' A. Smith & A'lsodatee
Stephen Smith, P.E. '
1.(tP~west McNab Road... -Su,h-.)OO
Pompano Beach, FL 33069
Re: RFQ #06S-2821-03/CJD ,
. Two (2) Year Contract for Genm-al Commlting and Engineering Services
DfW Mr. Smith:
The initial two-)'Cat'term for the contra.ct referenced above will expire November 17., 2005.
However, rhis agn:ementmayberenewed fOf an additional two-yearperio~ sul~ect to Consultant's
accePtance, satisfactory annual perf'onnance evaluation, and determjmrtion that I 'me\Val is rn the b~
interest of the City.
Please indiCllts your response on the attaohed page and return. it tQ this office 11 0 later than
October 3. 2005. The renewal is a two mep process~ agreement by both partios to renew, and .
. renegotiation (If tates. The City Commi[llsion nlust approve the renewal and g.ve authoti~atiorl to
proceed With renegotiation of rate schedules for services. lfyou have any questbns, please feel tree
to contact Barb Conboy at (561) 742-6406.
Sinocrcly,
C4ITY OF BA\Z'~ BEACH
~
. . ~'~~
. ~--~
Kofi Boateng, f.E.
Utilitiaq Director
Attachment
/ktr
be: B&1'b Conboy, Manager Utilities Administration
Utilities File
America Q GatewlJy to thtJ. Gu./Mtrt!JRm
FP.DM : BOYNTON BEACH UTI TI E5
FAX NO, :561 742 6298
Oct. 06 2raraS 04= 57PM P3
The City of BOlin ton Beach
t/tiJJ1ltJI!I~m'mt
la~ 8. WfXIlbriPlt ktltI
Roy.I'J*>n /JrJscb, Jf'Jmdll .'1.'/495
ORiCC-' (&61) 113-6400
PlrU'; fl;81) 74l!-ena
W4lbm'ts:mnr:chbutilftirlfl,org
Attention:
Barbara Conboy,
Manager, Utilities Admini8tra.tion
Re: RFQ #065~2821-03/CJD
Two (2) Year Contract for Geoera1 Con6Ulting and Engineering Servil~es
Note: Please return this form n(, later than October 3, 2005
Agreement botween the City of Boynton Beach, Owner~ llnd
fRAIG A. SMITH & ASSOCIATES
Name of Firm
, COt1tract Renewal Period: November 18,2005 through November 171 200~'
~ I agl"ee to renew the exi.'Jting contra~ under !:he Telms and Condiiions of the original
agr.eement for an additional two-year period. J understand that the Cit) Commission must
authorize ren~gotiation ofrevi!;led rate schedules of scrvice.9. .
__ No, 1 do not wiob 10 renew the contract. \\ \ . ~ ~.
.,Q,AIO A. sMlJ'H & ASSOCIATES ~
NAME OF FIRM SIGNATURE ~
S--r1::1~ C. S~I11+
, ,
NAME OF REPRESENTATIVE
(please ,print)
~_ \J~~~S'~
TITLE
__~ 0 t..., ~.~
DA1'S
___0354J -,rcJs- t'2,~~
(ARE~ CODE) TELEPHON)~ NUMBER
Amp.ria~~ Gllte~8ytf1 the CuJ/woRm
ERDMAN ~
ANTHONY iiil~~
October 26, 2005
ilJfI@~O'~@
& SEp 2 8 2rlD5
--UTlnts
Barbara Conboy
Utilities Department
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
RE: Two year contract for general consulting and engineering services
Dear Ms. Conboy:
This is in response to Mr. Boateng's letter dated September 20, 2005 regarding renewing
our contract for general consulting and engineering services. We would very much like
to renew that contract and continue to work for the City of Boynton Beach.
Recall that our firm was acquired by Erdman Anthony and that the City agreed to assign
our contract to Erdman Anthony of Florida, Inc. Therefore, I have noted the correct legal
name of our firm on the request to renew.
Should you have any questions or concerns, please contact me.
Sincerely,
ERDMAN ANTHONY OF FLORIDA, INe.
~~
Dana I. Gillette, PE, PSM
Senior Associate
End
K:\Business-Development\Proposals\City of Boynton Beach\2 Year gen.consult.contract\conbyo_092605.doc
o
V
Employee Owned - Quality Driven
1402 Royal Palm Beach Blvd., Bldg. 500
Royal Palm Beach, FL 33411
Telephone 561 7539723 : Facsimile 561 7539724
www.erdmananthony.com
RECEIVED
~C)
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutilities.org
SEP 2 2 r005
N;;INC
September 20, 2005
Crossroads Engineering, Inc.
Dana Gillette, P .E.
1402 Royal Palm Beach Blvd., Bldg. 500
Royal Palm Beach, FL 33411
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Ms. Gillette:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
~7.(:FB.~ TON BEACH
r~~,~
Kofi Boateng, P.E. -
Utilities Director
Attachment
!ktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America s Gateway to the Gulfstream
The City of Boynton Beach
UtiJjties Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Oflice: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutiJjties.org
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
e~'t){IJ.~ AH\1-\ct-\iOF J::LO,,-\'PA-. i~\C.
GROS8RO.'~~DS ENGINEERING, INC.
Name of Firm
Contract Renewal Period:
November 18,2005 through November 17, 2007
~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
c\l-DN.A:N A\\\~Of4'l O~ t'L(}~ \AA .IN.<-
CROSSRO.\Dg ENGINBERING, INC.
NAME OF FIRM
(} Ovv\c~
SIGNATURE
A ~Ui-
~(\c:.. \ 6,\\e-~
NAME OF REPRESENTATIVE
(please print)
Sent~ A-s.sod o,,:k
TITLE
q\ '2.iO \ or
DATE
'5<0\-1"53'0'- '3
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
0>1 :-(
C&:' -rre,-.t.. ~
The City of
Boynton Beach
rr(' ",
~\
r-- "
JUN I "J 20U4
Utilities Department
/24 E. Woolbright Road
Boynton Beach. Florida 33435
Phone (56/) 742-645/
FAX: (56/)742-6298
I
I
I
ENG,
,-
, ' .)~ ;. ~
tt.HiNG g, '; i
LETTER OF TRANSMITTAL
TO:
Crossroads Engineering, Inc. DATE:
1402 Royal Palm Beach Blvd., Bldg. 500
Royal Palm Beach, FL 33411
Attn: Dana Gillette:
June 15, 2004
RE: Assignment and Assumption Agreement
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
C
D
N
D
omes ate o. escnptIon
1 Original executed Assignment and
Assumption Agreement
REMARKS: Please file accordingly.
CC: City Clerk - original
SIGNED: 4-. {l G.% 0'/5-01
R04-0Sq
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT, dated Ju.ne 1 ,2004 (the
"Assignment"), is made by and among the City of Boynton Beach (the "Assignor"), Crossroads
Engineering & Surveying, Inc. ("Crossroads"), and Erdman Anthony ofFlori~ Inc. (the
"Assignee").
WHEREAS, Assignee and Crossroads intend to enter into an agreement (the "Purchase
Agreement") whereby Assignee will purchase substantially all of the assets of Crossroads, including,
without limitation, certain contracts of Crossroads; and
WHEREAS, Assignor and Crossroads have entered into that certain Agreement for General
Consulting and Engineering Services with the City of Boynton Beach contract dated November 18,
2003, Contract No. R03-182, for services as stated in the attached Agreement for Assignor (the
"Services Agreement"), which Services Agreement is attached hereto and made a part hereof as
Rxhihit A; and
WHEREAS, pursuant to the Agreement, Crossroads desires to assign to Assignee, and Assignee
desire to assume from Crossroads, the rights and obligations of Crossroads under the Services
Agreement; and
Now, THEREFORE, the parties hereto agree as follows:
I. All of the above recitals are incorporated herein and made a part hereof as if fully
rewritten.
2. Assignor does hereby sell, assign and transfer to Assignee, effective as of the Closing
Date as defined in the Purchase Agreement (the "Closing Date"), all of Crossroad's right, title and
interest, and delegates to Assignee all of the duties of Assignor, under the Services Agreement. This
Assignment shall have no effect until the closing of the transactions contemplated under the Purchase
Agreement.
3. Assignee hereby assumes and agrees to perform all of Crossroads obligations and
liabilities under the Services Agreement arising on or after the Closing Date.
4. Nothing in this Assignment shall otherwise affect Crossroads' obligations arising under
the Assignment, including, without limitation, any obligations of indemnification as set forth in the
Purchase Agreement.
[Signatures on next page.]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year
above fIrst written.
ASSIGNOR:
ASSIGNEE:
By:
Name:
Its:
C;i, of' Bo~mon Be~
~~
C.-it HA~
ERDMAN ANTHONY OF FLoRIDA, INC.
B~~
Name:. . <;. ~ ~. iw..L
Its:---V.es.~tde "q-
CROSSROADS ENGINEERING & SURVEYING, INC.
~F'fSM
Pre~irlent
By:
Name:
Its:
.......,..., AS TO FOR" ~
It) (}.~ aNATWRNEV
Q()
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Oflice: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutilities.org
/fJ~@~o,~@
SEp ') 6 ....
~ /~'!'7
--DTl1re
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
GLOBAL TECH, INC.
Name of Firm
Contract Renewal Period:
November 18,2005 through November 17, 2007
~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
GLOBALTECH, INC.
NAME OF FIRM
SIG~ i-~
l)O<.L P~ik;J--
TITLE
~15 L. Lv'j
NAME F REPRHSENTATIVE
(please print)
5C?pieW\ kv 2-2- J 2-005
DATE
(?f,() crc[t -6~33
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
The City of Boynton Beach
>({Q
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutiiities.org
September 20, 2005
Globatech, Inc.
Troy Lyn, P.E.
4722 N.W. Boca Raton Blvd., Suite C103
Boca Raton, FL 33431
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. Lyn:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
~rr; OF BOf'l:;ON B~
K~' N~~- ~
Kofi Boateng, P.E.
Utilities Director
Attachment
/ktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the Gulfstream
Q(>
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX (561) 742-6298
Website:www.cbbutilities.org
Attention:
~~@&OWJ&@
,-,~p '2 9 2005
SOYNTON8EACJ
Barbara Conboy, 'II UTILITIEs
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
TETRA TECH HAl
Name of Firm
Contract Renewal Period:
November 18, 2005 through November 17, 2007
~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
_ No, I do not wish to renew the contract.
TETRA TECH HAl
NAME OF FIRM
C~W~
SIGNATURE
C-tf1+f2.-LI!E5. W. D 1<A-kE
NAME OF REPRESENTATIVE
(please print)
tI.Ke - p~
TITLE
DATE
~o/65
t/o7e 03(. 3955
(AREA CODE) TELEPHONE NUMBER
America s Gateway to the Gulfstream
it)
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutiJjties.org
ftie~a\YJ~ @
SEP 2 3 'l.\~;}
JOYITON BEACH UTILITIES
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
KIMLEY-HORN AND ASSOCIATES, INC.
Name of Firm
Contract Renewal Period: November 18, 2005 through November 17,2007
./ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
_ No, I do not wish to renew the contract.
KIMLEY-HORN AND ASSOCIATES, INe.
NAME OF FIRM
l~~~
S NATURE
.:::t. S. h~iCV'... f\\ ~ ~ \1 v--
NAME OF REPRESENTATIVE
(please print)
<..: \ \ \,
.)elA.\ ~\"""" \I \ CQ
TITLE
~'rt'-.\~ ~ 4.)\
q{ ~7!OS-
DATE
~bl) 845-066S
AREA CODE) TELEPHONE NUMBER
>>
:P1~qfre ~~c+ M\c...h\.~J Sr~""''-R-- ~a-~;^) rtV\..ejo-flAt4Y'v+- b:I\;'^J~s_
America's Gateway to the Gulfstream
~U('.."'.\\
::, \ J
c l:\ ./
-,/~
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutiJjties.org
RECEIVED
I...' - J 'j '2 ";'::,"
...:,_. ... I.v"J
LBFH, INC. PALM CITY
September 20, 2005
LBFH, Inc.
David McNabb, P.G.
3550 S. W. Corporate Parkway
Palm City, FL 34990
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. McNabb:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
\Z;:B:zr~~
K fi B' P E <--- c'r ~.lr-_)
o 1 oateng, . . )
Utilities Director
Attachment
Iktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the Gulfstream
~ct)
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
OfJice: (561) 742-6400
FAX" (561) 742-6298
Website:www.cbbutilities.org
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
LBFH, Inc.
Name of Firm
Contract Renewal Period:
November 18, 2005 through November 17, 2007
L Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
LBFH, Inc.
NAME OF FIRM
/J &<AJ'~ ~~
SIGNATURE .
uav\d r:: ~HL. . A E..
NAME OF REPRESENT A fIVE
(please print)
V, t~ 'Pr~5IJ~~
TITLE
~ - 2-8 - 05
DATE
(, ~ '2.,) 21 ~ . 2.85t.,
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the GuliStream
t)
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutilities.org
D rn@rnowrn:
I SEP 2 2 2005 I ~
BY ARCADIS LNW
September 20, 2005
Lawson, Noble & Webb, Inc.
Libbey Webb, P .E.
420 Columbia Drive, Suite 110
West Palm Beach, FL 33409
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Ms. Webb:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
C~J:Q:~
Kofi Boateng, P.E.
Utilities Director
Attachment
Iktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
Americas Gateway to the Gulfstream
I The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX (561) 742-6298
Websi te:www.cbbutljities.org
err
'k)
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-282l-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
LAWSON, NOBLE & WEBB, INC.
Name of Firm
Contract Renewal Period: November 18, 2005 through November 17,2007
./' Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
LAWSON, NOBLE & WEBB, INC.
NAME OF FIRM
s~~
NA~EI~&~E~~E
(please print)
V'IC-G ~iL/G0r
TITLE
CJ!f27/05
DATE
(01.P1) 681 · 00 7 7 ex}' 7
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Websi te:www.cbbutilities.org
..co
September 20, 2005
fl&IC/lDYI/j
OCr f ,.. "';.. .
J to!.;..,:}
---
Marco Water Engineering
Marco Bell, P .E.
1120 Grand Duke Way
Royal Palm Beach, FL 33411
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. Bell:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and detennination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
~'/ OF BO~RN BEA~
K40 ~V'-~,~<_~
~
Kofi Boateng, P .E.-
Utilities Director
Attachment
Iktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the Gulfstream
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbuti]jties.org
I.~......r..-......'...,
)
, / '
". ~".~ \.
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
MARCO WATER ENGINEERING
Name of Firm
Contract Renewal Period: November 18,2005 through November 17,2007
L Yes, I agree to renew the existing contract under the Tenns and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
MARCO WATER ENGINEERING
NAME OF FIRM
1k tlQ/C
U E '
tn aNe /J /1/1 t/ t
NAME OF REPRESENT TIVE
(please print)
frrt 5i dP/l7
TITLE
/0/ /"b/ ~O()5
DAT~ .
jjr>1;J ;3 8"1-2 ');<1
( A C E) TELEPHONE NUMBER
America's Gateway to the GulfStream
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX (561) 742-6298
Website:www.cbbutilities.org
8aor b~r",
I
,((()
G c:; r"
YV.,J ~\C.Q,/L c.... \\
~ -t- t; "I - l1/~ -., <<\ " I
Me...
C4. .... ..J l "C.. + ("'-l 'L. y; '" _ '-..)
Attention:
Barbara Conboy,
Manager, Utilities Administration
~--+
~~S .
-rln_ ,,~, "'!)ew \~ ~ ~ T4<:4..J S
'/0..... "CCC'''.-..J c.-.9
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
MATHEWS CONSULTING, INC.
Name of Firm
Contract Renewal Period:
November 18,2005 through November 17, 2007
V' Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
MATHEWS CONSULTING, INC.
NAME OF FIRM
(c1)~
-
SIGNATURE
~
D_" ~ d {V\ ",,+~c.'-JS I p. E .
NAME OF REPRESENTATIVE
(please print)
~;c.c. ~c.~: c.C c....-\-
TITLE
'\-2'2..-05
DATE
( 5 6 I) 4, CO - loa b l
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
w.........)
: . ~ ... .- . .
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutilities.org
September 20, 2005
Metcalf & Eddy, Inc.
Mark Blanchard, P.E.
301 Clematis Street
West Palm Beach, FL 33401
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. Blanchard:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
C~ITY 0: BOf'.~ TON BE. ACH c----
N~\. - ~
O:::::::=::-e):=:- rr--- ~
Kofi Boateng, P .E. ~~
Utilities Director
Attachment
Iktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the Gulfstream
:t.
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutilities.org
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
METCALF & EDDY, INC.
Name of Firm
~ Contract Renewal Period: November 18, 2005 through November 17, 2007
~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
METCALF & EDDY, INC.
NAME OF FIRM
M A !\ j<C. B I- /1-r/(.. If (};1.. f)
NAME OF REPRESENTATIVE
(please print)
v' (" & . PI( Ii 7 I tJ Ii" ,1/(
TITLE
1/29/05
(56)) g ') --; - 3 ') If (/
DATE
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
PBSJ
An employee-owned company
September 29, 2005
Mr. Kofi Boateng, P.E. t2~~-_ ~
City of Boynton Beach (2~I~\l
U "1"' D' ~\. \WI t~'il;'~
tlltles lrector \S\1 .. 't~ '~\I'~'
Utilities Department at' , \\'t\~ '\\'
124 E. Woolbright Road l..\_t\\I\\\a\\
Boynton Beach, Florida 33435 \~_~
Re: RFQ #065-2821-03/CJD
Two Year Contract for General Consulting and Engineering Services
Dear Mr. Boateng:
As requested in your letter dated 20 September 2005 we are returning a signed copy of
the renewal form for the subject contract (RFQ #065-2821-03/CJD: Two Year Contract
for General Consulting and Engineering Services) sent to us in your letter. We have also
indicated our intent to renew the existing contract on the form provided.
Some time ago we sent the City a notification that there had been a change in the
Principal-in-Charge for PBS&J. Blake Guillory is no longer the Principal-in-Charge for
PBS&J, so we ask that in the future, all such correspondence be sent to my attention as
follows:
Mr. Roberto S. Ortiz, P.E.
Vice- President
PBS&J
3230 Commerce Place, Suite A
West Palm Beach, Florida 33407
We look forward to working with you and your staff in the future. Please do not hesitate
to contact me if we can be of additional assistance.
Very truly,
~ 528<"(;>2
Roberto S. Ortiz, P.E.
Vice-President
cc: Barb Conboy, Manager Utilities Administration
3230 Commerce Place, Suite A · West Palm Beach, Florida 33407 · Telephone: 561.689.7275 · Fax: 561.689.3884 · www.pbsj.com
PBSI
An employee-owned company
August 19,2004
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, FL 33435
~(Q) ~\t?
Subject: Request for Change to Client Services Manager
Infrastructure Improvements General Engineering Contract
Dear Ms. Conboy:
Post, Buckley, Schuh and Jernigan respectfully requests that Mr. Roberto Ortiz, P.E., DEE be
substituted as the new Client Services Manager for the City of Boynton Beach, replacing me.
Additionally, it is requested that Phillip Dover be substituted as the City's Project Manager,
replacing Ms. Patricia Carney, P.E., DEE. No other changes to our contract with the City are
requested at this time.
The requested Client Services Manager change is necessary to maintain a high level of client
service resulting from my recent appointment as Regional Water Resources Manager. Mr. Ortiz
is an officer ofPBS&J and currently holds the position of Vice President and Sr. Environmental
Division Manager. Mr. Ortiz appears on the Team Organizational Chart in PBS&J's General
Engineering Proposal as a member of the Technical Review Committee. His resume has been
enclosed for your convenience.
The change in Project Management is requested to facilitate efficient project control and provide
for increased availability to City staff. Phillip's position appears on the Team Organizational
Chart in PBS&J' s General Engineering Proposal under "Utilities". His resume is enclosed for
your convemence.
Hourly rates for Mr. Ortiz and Mr. Dover have been previously approved by the City. Should
you have any questions or wish to discuss these requested changes, please feel free to call me.
An acknowledgement and acceptance ofthese changes by letter for our files would be
appreciated.
Sincerely,
Blake C. Guillory, P.E.
Associate Vice President
Division Manager
Cc: Mr. Nemesio Gomez
Mr. Paul Fleming, Senior Project Manager
Mr. Peter V. Mazzella, P.E., Deputy Utilities Director
Mr. Roberto Ortiz, P.E., DEE
Mr. Phillip Dover, P.E.
3230 Commerce Place, Suite A. West Palm Beach, Florida 33407 · Telephone: 561.689.7275 · Fax: 561.689.3884 · www,pbsj,com
The City of Boynton Beach
UtJlities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutilities.org
September 20, 2005
PBS&J
Blake C. Guillory, P.E.
3230 Commerce Place, Suite A
West Palm Beach, FL 33407
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. Guillory:
The initial two-year term for the contract referenced above will expire November 17, 2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
CIZTF BO~N BEACH
o ) -=c----
l "0)-' t . t'-~,-~ ~
Kofi Boateng, P.E.
Utilities Director
Attachment
/ktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the Gulfstream
Q[J
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX (561) 742-6298
Website:www.cbbutilities.org
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
PBS&J
Name of Firm
Contract Renewal Period:
November 18, 2005 through November 17, 2007
v' Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
PBS&J
NAME OF FIRM
~:LJIl9J
. fb~~m Grubel
Senior Vice President
NAME OF REPRESENTATIVE
(please print)
TITLE
q I ;2 t / D ~/
.
DATE
(6 D ~) ~- ~ J. - J 2 / s~
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
,.czr
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Oflice: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutilities.org
fR1/j@l!a\YJ~@
SEP l ,':I 2005'
BOYNTON BEACH UTILITIES
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
SFRN, Inc.
Name of Firm
Contract Renewal Period:
November 18, 2005 through November 17, 2007
./' Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
SFRN, Inc.
NAME OF FIRM
a~~~~~
SIGNATURE
Chit ~-\-I.~ e-- Soce{)'Sc:"()
NAME OF REPRESENTATIVE
(please print)
o -\~~ce-- rlCtna~er
TITLE
9-;J. ~- 05
DATE
Eio 1- (06-5---/16-/
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
~
~
Stanley Consultants INC.
A Stanley Group Company
Engineering, Environmental and Construdion Services - Worldwide
r&lc~aWJ~lP)
SEP 2 7 2005
aOlllOM_UTtt.mES
September 23, 2005
Ms. Barbara Conboy
Manager, Utilities Administration
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Re~ RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Ms. Conboy:
As requested, please find enclosed an executed original Consultant Agreement.
Should you have any questions or require additional information, please do not hesitate to contact
me.
Sincerely,
Stanley onsultants, Inc.
-~
Tshaka E. Dennis, P .E.
Vice President
M :\Proposals\Cities _ Villages _ Towns\Boynton Beach\Conboy Contract Renewal.doc
Servico Centre. 1601 Belvedere Road, Suite 400 East. West Palm Beach, FL 33406 . phone 561.6B9.7444 . fax 561.689.3003
internet: www.stanleygroup.com
~
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbutilities.org
September 20, 2005
Stanley Consultants, Inc.
Tshaka E. Dennis, P .E.
1601 Belvedere Road, Suite 400 East
West Palm Beach, FL 33406
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
[
Dear ~. Dennis:
The initial two-year term for the contract referenced above will expire November 17, 2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
C~T OF BO~~ BEA~
o -----1\.- - ~rr-
, . ~'~~
Kofi Boateng, P.E.
Utilities Director
Attachment
Iktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the Gulfstream
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Websi te:www.cbbutilities.org
cco
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
STANLEY CONSULTANTS, INe.
Name of Firm
Contract Renewal Period: November 18, 2005 through November 17, 2007
/ Yes, I agree to renew the existing contract nnder the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
STANLEY CONSULTANTS, INC.
NAME OF FIRM
"
Tshaka E. Dennis, P.E.
NAME OF REPRESENTATIVE
(please print)
Vice President
TITLE
September 23, 2005
DATE
(561) 689-7444
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
~
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX: (561) 742-6298
Website:www.cbbuti]jties.org
/ftJ~@&O~&@
OCT 1 8,
80YNTOM'~A 1
~CHUTII.ITlES
September 20, 2005
URS Corporation
Thomas F. Mullin, P .E.
7800 Congress A venue, Suite 200
Boca Raton, FL 33487
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Mr. Mullin:
The initial two-year term for the contract referenced above will expire November 17,2005.
However, this agreement may be renewed for an additional two-year period, subject to Consultant's
acceptance, satisfactory annual performance evaluation, and determination that renewal is in the best
interest of the City.
Please indicate your response on the attached page and return it to this office no later than
October 3, 2005. The renewal is a two step process, agreement by both parties to renew, and
renegotiation of rates. The City Commission must approve the renewal and give authorization to
proceed with renegotiation of rate schedules for services. If you have any questions, please feel free
to contact Barb Conboy at (561) 742-6406.
Sincerely,
CITY OF BOYNTON BEACH
40 R~~L~
Kofi Boateng, P .E.
Utilities Director
Attachment
/ktr
bc: Barb Conboy, Manager Utilities Administration
Utilities File
America's Gateway to the GuIfstream
t
The City of Boynton Beach
Utilities Department
124 E. Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAx.' (561) 742-6298
Website:www.cbbutilities.org
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3,2005
Agreement between the City of Boynton Beach, Owner, and
URS CORPORATION
Name of Firm
Contract Renewal Period:
November 18, 2005 through November 17, 2007
X- Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
URS CORPORATION
NAME OF FIRM
,--
~~1'rS r ;!/v Ill'!
NAME OF REPRESENTATIVE
(please print)
(}C~
TITLE
~5'U
,
y30 ~~
DA I
XI070
America's Gateway to the Gulfstream
(Ii
Wantman Group, Inc.
Engineering .:. Surveying .:. Mapping
October 4,2005
~li@~U\l:7[j@
OCT - 6 2UD5
BOYNTONBEACH UTII.I1/EI
Ms. Barbara Conboy
Manager, Utilities Administration
City of Boynton Beach
124 E. Woolbright Road
Boynton Beach, Florida 33435
RE: RFQ #065-2821-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Dear Ms. Conboy:
Please find attached an executed copy of our renewal form. Let us know if you need anything
else to process this extension. We look forward to working with City staff.
S incerel y,
W ANTMAN GROUP, INC.
~L~~
David Brobst, PE
Vice President
M:\Proposals\MUNICIP AL PROPOSAL.S\City of Boynton Beach\2003 Scope C - Infrastructure Imp\Renewal Letter.doc
2035 Vista Parkway.:. Suite 100.:. West Palm Beach, Florida 33411
561.687.2220.:. Fax: 561.687.1110 .:. www.wantmangroup.com .:. wgi@wantmangroup.com
The City of Boynton Beach
Utilities Department
124 E Woolbright Road
Boynton Beach, Florida 33435
Office: (561) 742-6400
FAX' (561) 742-6298
Website:www.cbbutilities.org
ct.....!
/
i
Attention:
Barbara Conboy,
Manager, Utilities Administration
Re: RFQ #065-282l-03/CJD
Two (2) Year Contract for General Consulting and Engineering Services
Note: Please return this form no later than October 3, 2005
Agreement between the City of Boynton Beach, Owner, and
W ANTMAN GROUP, INC.
Name of Firm
Contract Renewal Period:
November 18, 2005 through November 17, 2007
~ Yes, I agree to renew the existing contract under the Terms and Conditions of the original
agreement for an additional two-year period. I understand that the City Commission must
authorize renegotiation of revised rate schedules of services.
No, I do not wish to renew the contract.
W ANTMAN GROUP, INC.
NAME OF FIRM
~~
~
TITLE
NAME OF REPRESENTATIVE
(please print)
DATE
/O/3/t95~
/ /
b'b/, C-r;J - Zz. Lo
(AREA CODE) TELEPHONE NUMBER
America's Gateway to the Gulfstream
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.2.
Requested City Commission Date Final Form Must be Turned Requested City Commission
Meeting Dates in to City Clerk's Office Meeting Dates
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005
0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005
0 September 6, 2005 August 15,2005 (Noon) 0 November 1,2005
0 September 20, 2005 September 6, 2005 (Noon)
Date Final Form Must be Turned
in to City Clerk's Office
September 19, 2005 (Noon)
October 3, 2005 (Noon)
October 17, 2005 (Noon)
October 31,2005 (Noon)
,-'; ..-\
0 Administrative 0 Development Plans
NATURE OF IZI Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
o
C)
--I
1',)
o
~-.
'..:.)
(..)
:,.-\
o
=-:) :::
--:1
-.."co
---Pl
',-; :t>
(11 (")
:::t:
-0
N
RECOMMENDATION:
Accept the award of the block grant between the City of Boynton Beach and the U.S. Department of Justice,
Justice Assistance Grant Program (JAG).
The award amount is $55,965.00.
EXPLANATION:
The City of Boynton Beach has been awarded a grant from the U.S. Department of Justice, to fund for mobile digital in-car
camera recorders and computer laptop air cards for communication from and to the laptop computers the officer's use.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
Funding has been provided entirely by U.S. Department of Justice Office.
There is no matching funds required.
ALTERNATIVES:
N/A
~Me
~
-
City Manager's Signature
Police
Department Name
L)J1f~}S
City Atto ey / Finance / Human Resources
~ ^-
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
Washington, D.C. 20531
August 15,2005
The Honorable Jerry Taylor
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33435
Dear Mayor Taylor:
On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has
approved your application for funding under the FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the
amount of$55,965 for City of Boynton Beach.
Enclosed you will find the Grant Award and Special Conditions docwnents. This award is subject to all administrative and
financial requirements. including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimwn level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Naydine A. Fulton-Jones, Program Manager at (202) 514-6661; and
- Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
().1 (''-)
Domingo S. Herraiz
Director, Bureau of Justice Assistance
Enclosures
riminat Justice Commission
)1 N. Olive Avenue, Suite 1001
~st Palm Beach, FL 33401-4705
(561) 355-4943
FAX: (561) 355-4941
www.pbcgov.comfcjc
.
Palm Beach County
Board of County
Commissioners
Tony Masilotti, Chairman
ie L. Greene, Vice CHairperson
Karen T. Marcus
Jeff Koons
Warren H. Newell
Mary McCarty
Burt Aaronson
. Criminal Justice
Commission Officers
Leo E. Noble, Chairman
..tax Davis, Vice Chairman
louglas Duncan, Secretary
Jim Barr, Treasurer
.
County Administrator
Robert Weisman
Executive Director
L. Diana Cunningham
dcunning@co.palm-beach.fl.us
"An Equal Opportunity
'firmative Action Employer"
~ print6d on r6cycled pap6r
February 17, 2005
Chief Marshall Gage
Boynton Beach Police Department
135 N.E. 1st Avenue
Boynton Beach, Florida 33435
RE: LLEBG JAG Grant
Dear Chief Gage:
The Bureau of Justice Assistance (BJA) recently announced the federal fiscal year FY
05 Justice Assistance Grant (JAG) Local Law Enforcement Block Grant (LLEBG)
allocations. According to the BJA, your municipality is eligible for a grant in the amount
of $55,965.
This is the first year for the JAG grant which has replaced the LLEGB grant process.
The BJA requires municipalities to submit information documenting that their JAG
application was available for review to the governing body or the organization
designated by that body not less than 30 days before the application was submitted to
BJA. The attachment must also specify that an opportunity to comment was provided to
citizens and neighborhood or community organizations to the extent applicable law or
established procedure makes such an opportunity available. To comply with this
provision it will be necessary to submit your proposal for the use of the grant funds to
your municipalities goveming body by no later than March 1, 2005.
It is no longer necessary to have the CJC or other entity act as your advisory board.
There is also no longer a match requirement for the funds.
The full instruction sheet for the JAG Grant is available on the web at
htto:/Iwww.ojo.Qov/BJA/Qrant/05JAGLocaISol.odf. A copy is also attached to this
letter.
If you have questions or need more information please call the JAG Helpline at 1-
888-549-9901 or Margo Evans, CJC Financial Analyst at 355-6877.
Please take particular note of the short time available to apply for these funds.
~~
Diana Cunningham
Executive Director
LDC/WAE
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM B.3
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon)
0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon)
0 September 20, 2005 September 6, 2005 (Noon) C8J November 15, 2005 October 31, 2005 (Noon)
o Administrative
C8J
o
o
o Announcement
o City Manager's Report
RECOMMENDA TION: A motion to award "CO-OP LIQUID CHLORINE AND SODIUM HYPOCHLORITE,
(West Palm Beach is the lead agency), Bid # 027-27241-05/JA TO ALLIED CHEMICAL CORPORATION, Which
was the only bidder to submit a proposal. The total estimated annual expenditure is $ 150.000.00
NATURE OF
AGENDA ITEM
Consent Agenda
Public Hearing
Bids
o
o
o
o
o
Development Plans
New Business
Legal
Unfinished Business
Presentation
CONTRACT PERIOD: APRIL 1,2005 TO MARCH 31, 2006
EXPLANATION: On March 22, 2005 the City of West Palm Beach opened and tabulated one proposal for the above
mentioned bid. Allied Universal was the only bidder and they met all the specifications. Chlorine is critical to our
water treatment process as it is used as a disinfectant. Allied Universal has provided us with this chemical in the past
and has performed satisfactorily. Dave Ailstock concurs with this recommendation (see attached memo #5-113).
The City of West Palm Beach is the lead entity for this Palm Beach County Co-Op bid. The are six other entities
participating in the bid besides the City of Boynton Beach and survey results indicate that all agree with this award.
PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Liquid Chlorine,
Calcium and Sodium Hypochlorite at the most economical price and deliver to the various participating agencies.
Liquid Chlorine and Calcium Hypochlorite is used at both of our water treatment plants for the disinfection of the
water. The provision of this bid award is a twelve (12) month contract with the option to renew the contract for two
(2) additional one year periods at the same terms and conditions and prices subject to vendor acceptance, satisfactory
performance and determination that the renewal is in the best interest of the City
FISCAL IMPACT:
BUDGET ACCOUNT:
#401-2811-536-52-28
ESTIMATED ANNUAL EXPENDITURE:
$ 150,000.00
2003/2004 ACTUAL EXPENDITURE:
200412005 ESTIMATED EXPENDITURE:
Procurement Services
~~
Assis nt to the Finance Director
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Bill Mummert - Finance Director File
MEMORANDUM
Utilities #05-129
TO:
Kurt Bressner
City Manager
FROM:
Kofi Boateng
Utilities Director
DATE:
October 21, 2005
SUBJECT:
Co-op Bid award Liquid Chlorine and Calcium Hypochlorite
At the pre-agenda meeting of October 14, 2005, Commissioner Ferguson raised concern regarding the
price of chlorine and he shared with us that friends can obtain chlorine via the internet for a better price.
The price of chlorine has risen throughout the industry and other entities are dealing with the same cost
Issues.
Commissioner Ferguson could not provide any specific data but felt that chlorine is readily accessible via
the internet. Our staff performed searches via the internet and believe that there may be a
misunderstanding regarding the chlorine that the City purchases for treatment of drinking water.
The City purchases Liquid Chlorine in one (1) ton cylinders which is in essence in a gaseous form or 95%
chlorine. Our water plants are set up to handle liquid chlorine and the concentration of chlorine is at its
highest level.
Chlorine via the internet is typically for residential and pool applications not industrial or water treatment.
The chlorine available by internet is typically Calcium Hypochlorite or Sodium Hypochlorite which is
common for pool supply companies. Calcium Hypochlorite is commonly known as "Shock". It can vary
around 65% chlorine and comes with warning labels for application and use. The City purchases a small
amount per year for spot chlorine treatment that is performed as necessary. Sodium Hypochlorite is
chlorine at a 12.5% solution and this is commonly known as bleach. The City's facilities are not designed
or equipped at this time to dose sufficient quantities of either calcium or sodium hypochlorite, nor do we
believe that it is cost-effective to utilize these powdered forms in the quantities we need.
Chlorine cylinders require special handling and trucking or rail transport and the City makes sure that the
vendors are capable of handling this and that they are fully insured.
To compare prices per pound or gallon for some of these chlorine variations one needs to make sure that a
true comparison is actually being done.
The Utilities Department stands by its recommendation to award the bid to Allied Universal for the prices
stated. The Utilities Department is fully aware of the large increases in chlorine prices and is looking at
changing treatment methods in the future, however our system is not capable of strictly using these
weaker and safer chlorine products at this time.
Cc: Dave Ailstock
Melvin Pinkney
Barb Conboy
Pete Mazzella
VI.-CONSENT AGENDA
ITEM 8.6.
CITY OF BOYNTON BEACH !()-li-o.s-
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2. 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16, 2005 August 1,2005 (Noon) ~ October 18, 2005 October 3, 2005 (Noon)
0 September 6. 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon)
0 September 20. 2005 September 6,2005 (Noon) 0 November IS, 2005 October 31, 2005 (Noon)
,
__C~
.---;
..' -
o Administrative
~
o
o
o Announcement
o City Manager's Report
RECOMMENDATION: A motion to award "CO-OP LIQmD CHLORINE AND SODIUM HYPOCHLORITE,
(West Palm Beach is the lead agency), Bid # 027-27241-05/JA TO ALLIED CHEMICAL CORPORATION, Which
was the only bidder to submit a proposal. The total estimated annual expenditure is $ 150.000.00
NATURE OF
AGENDA ITEM
Consent Agenda
Public Hearing
Bids
o
o
o
o
o
Development Plans
New Business
UJ
---1
_.,J
:--":1
Legal
Unfinished Business
(..)
c....J
.J
Presentation
C5
..
.".::J
...'1
-rj CD
-rq
.J::V
i.."c;
CONTRACT PERIOD: APRIL 1,2005 TO MARCH 31, 2006
EXPLANATION: On March 22, 2005 the City of West Palm Beach opened and tabulated one proposal for the above
mentioned bid. Allied Universal was the only bidder and they met all the specifications. Chlorine is critical to our
water treatment process as it is used as a disinfectant. Allied Universal has provided us with this chemical in the past
and has performed satisfactorily. Dave Ailstock concurs with this recommendation (see attached memo #5-113).
The City of West Palm Beach is the lead entity for this Palm Beach County Co-Op bid. The are six other entities
participating in the bid besides the City of Boynton Beach and survey results indicate that all agree with this award.
PROGRAM IMP ACT: The purpose of this bid is to secure a source to provide the best quality Liquid Chlorine,
Calcium and Sodium Hypochlorite at the most economical price and deliver to the various participating agencies.
Liquid Chlorine and Calcium Hypochlorite is used at both of our water treatment plants for the disinfection of the
water. The provision of this bid award is a twelve (12) month contract with the option to renew the contract for two
(2) additional one year periods at the same terms and conditions and prices subject to vendor acceptance, satisfactory
performance and determination that the renewal is in the best interest of the City
FISCAL IMPACT:
BUDGET ACCOUNT:
#401-2811-536-52-28
ESTIMATED ANNUAL EXPENDITURE:
$ 150,000.00
Procurement Services
2003/2004 ACTUAL EXPENDITURE:
2004/2005 ESTIMATED EXPENDITURE:
~a~Director
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Bill Mummert - Finance Director File
Memorandum
Utilities # 05-113 Revised
TO:
FROM:
Mary Munro
Asst. to Finance Director
Kofi Boateng \/ 'c In ~ r~,~ 1 9);>;2 ( Q}-
Utilities Director ~ ~~~~
DATE: September 20,2005
SUBJECT: Liquid Chlorine and Calcium Hypochlorite
Co-Op Bid
Bid # 04/05-25
Liquid Chlorine and Calcium Hypochlorite is used at both Water Treatment Plants
as part of the disinfection process. The previous bid with Jones Chemical was
cancelled due to the vendor not being able to supply product at the existing bid
price.
We received the Co-Op Bid from the City of West Palm Beach on March 29,
2005. Allied Universal Corporation was the lowest bidder. The price increase
from $499 to $678.05 is due to the rise in costs for sodium hydroxide and
electricity used to manufacture chlorine and the rising fuel costs.
We recommend awarding the chlorine bid to Allied Universal Corporation for the
purchase of Liquid Chlorine in the one-ton cylinders and Calcium Hypochlorite in
the 100-pound drums. We anticipate using 219 one-ton cylinders ($678.05 per
ton) and 13 100-pound drums ($105.00 each) per year for an annual estimated
expenditure of $150,000.00. This projects a budget short fall of $55,000.00.
Funds will have to be transferred from contingency.
Please place this item on the next City Commission Agenda to approve the Co-
Op Bid purchase for Liquid Chlorine in the ton cylinders and Calcium
Hypochlorite in the 100-pound drums to Allied Universal Corporation for the
2005-2006 budget year. These funds will be available in account number
401-2811-536-52-28.
If you have any questions, please contact Dave Ailstock at extension 6453.
Attachments.
cc: Barbara Conboy ~
Dave Ailstock
Melvin Pinkney
File
DA/plw
'\
'The
City
of
West Palm c.Beach
PROCUREMENT DIVISION
1045 Charlptte Avenue
West Palm B@ach, FL 33401
Office: 561-822-2100
Fax: 561-835-0028
RECEIVED
MAR 2 9 2005
"The Capital City of the Palm Beaches"
~RO~EN~::S
March 23, 2005
Members of the Palm Beach County
Cooperative Purchasing Council
RE:.' Bid #04/05-25 -. Results
Co-op Bid - Liquid Chlorine & Calcium Hypochlorite
Dear Members,
Attached you will find the bid results for the above referenced bid. We received
one response and that was from Allied Chemical Corporation. The award will be
going to Allied Chemical and I have spoken with the Executive Administrator,
Cathie GuiIIarmod, and she has assured me that they will be able to provide
deliveries starting April 1, 2005.
We look forward to a successful relationship with this supplier.
~S'.
~C4t&feCJ
JC Chandler
Contract Officer
561-822-2104
c: City of Boynton Beach
City of Delray Beach
City Of Lake Worth
City Of Riviera Beach
Village of T equesta
Town of Lantana
t~n Equal Opportunity Employer"
'.
Ie UI orlne a clum Iypoc orl e
BID PROPOSAL PAGE ~
Liquid Chlorine Liquid Chlorine Calcium Hypochlorite
Description 1 Ton (a) 150 Lb. Cylinder (b) 100 Lb Drum (c)
tem
Estimated Annual Quantity: 1479 214 192
Unit of Measure: 1 ton cylinder 150 lb. Cylinder 100 lb. Drum
1 Base Cost of Product, F.O.B. shipping point: $ Iton $ $
1150# cvl. 1100# drum
2 I cost to: City of Boynton Beach, East Water Plant, 1620 S. 678.05 $ 105.00100# drum
Seacrest Blvd. Bovnton Beach FL lfrelaht cost Dlus Item 1 .) $ Iton $ 68.25 1150# evl.
~8' to: City of Boynton Beach, Waste Water Plant, 5464
3 W. Boynton Beach Blvd., Boynton Beach, FL, (freight cost plus Item '$ 678.05 68.25 $ 105. Oq1 00# drum
1) Iton $ 1150# evl.
4 I lnAt to: City of Delray Beach, Water Treatment Plant, 200 678.05 68.25 $ 105.00100# drum
SW 6th stre8i Delrav Beach FL lfrelaht cost D1us Item 1) $ Iton $ 1150# cvl.
5 ' cost to: City of DelrayBeach, ESO Utility Maintenance
Division & Water/Sewer, 434 South Swinton Avenue, Delray Beach, 678.05 68.25 $ 105. Dq1 00# drum
FL lfrelaht cost Dlus Item 1) $ Iton $ 1150# cvl.
8 I lnA! to: City of Lake Worth, 301 College Street, Lake S 678.05 68.25 $ 105. 0~1 00# drum
Worth FL tfr8jaht cost Dlus Item 11 Iton $ 1150# evl.
1- .. llO.!lt to: City of Lake Worth, North Booster Station & South
7 Booster, 24th Avenue North .0. Street, Lake Worth, FL (freight cost 678.05 68.25 $ 105.00/1 00# drum
IDlus Item 1) $ Iton $ 1150# cvl.
~ to: City of RIviera Beach, WTP, 800 W. Blue Heron 678.05 /ton !$ 68.25 $ 105.00/100# drum
Blvd. Riviera Beach FL lfrelaht cost Dlus Item 11 $ /150# cvl.
. m.qf to: City of West Palm Beach Wastewater Treatment
j Plant, Earnest & HaverhlU Road, West Palm Beach, FL (freight cost 678.05 /ton $ 68.25 $ 105.00/1 00# drum
IDlus Item 1) $ /150# cvl.
0 . to: City of West Palm Beach Water Plant, 1009 678.05 /ton $ 68.25 /150# cvl. $ 105.00l100#drum
Banvan Blvd..WPB FL tfre/aht cost Dlus Item 1) $
- I COAt to: South Central Regional Wastewater Treatment
1 Plant, 1801 N. Congress Ave., Delray Beach, FL (freight cost plus 678.05 68.25 $ 105.00/1OO#drum
Item 1\ . $ /ton $ /150# cvl.
2 1- COAt to: Village of TeqUeS~, 901 N. Dixie Highway, $ ~7A nJ:; lton $ ~a ')1:; 1150# cvl. $ 1 nl:; nn/100# drum
lTeauesta FL lfrelaht cost Dlus Item 1
3 to: Town of Lantana, 510 West Pine Street, Lantana, 678.05 68.25 $ 105.00/100# drum
FL tfrelaht cost Dlus Item 1 \ $ lton $ /150# evl.
icate any minimum shipping requirements here _________>> 5 Drums
Invitation to Bid
Sealed Bid 04/05-25
Liquid Chlorine & Calcium Hypochlorite
-d Chi & C I H
,
L-
hi
-t
~re shall be no drum deposit charges or additional delivery charges.
npany Name: Allied Universal Corp.
'lorized Signature:
~G4t~_~~
Date: ::'farch 18, 2005
t Name:
Catherine Guillarmod
'ecutive Administrator
Bid Proposal Page I
Invitation to Bid
Sealed Bid 04/05-25
Liquid Chlorine & Calcium Hypochlorite
,
BIDDERS CHECKLIST
.
AU bids shall be submitted on City of West Palm Beach provided Bid Package fonns. Failure to do so may
cause the Bid to be rejected. All blanks on the proposal fonns must be completed. Supplemental
infonnation may be attached to the bid package fonns. Bidder shall retum a complete set of all bid
package fonns as listed as follows. Failure to submit the required documents may result in your bid being
considered non responsive.
1. Is Bidder Infonnation Below included with Bid? Yes x No
2. Is Qualification of bidders infonnation included with Questionnaire (Items A-J) Yes x No
3. Is applicable license information submitted? Yes x No
4. Is proof of insurance submitted? Yes x: No
5. Is Drug Free Workplace fonn submitted? Yes x No
6. Are all bid pages identified and signed? Yes x No
7. Is bid submitted in duplicate (one original, one copy) Yes x No
8. Are addendum (if any issued) submitted? Yes x No
9. Is all requested product specification information submitted? Yes y.. No
BIDDER INFORMATION
Company Name:
Authorized
Signature:
Date:
Address:
Allipd Uhiversal Co~.
~ - .~~~~-u.,r}
Yarch 18, 20
3901 N.W. 115 Ave.
Miami, FL 33178
Telephone:
Fax:
(305) 888-2623
(305) 463-8369
Please suoolv Order Placement Information Below
Telephone:
(772) 464-6195
Fax:
(772) 462-0716
Contact Person:
Kim Adams
Website (if applicable):
Bid Proposal Page 2
Invitation to Bid
Sealed Bid 04/05-25
Liquid Chlorine & Calcium Hypochlorite
.,
QUALIFICATION OF BIDDERS INFORMATION
A. REFERENCE LIST
The following is a list of at least three (3) references that the Bidder has provided similar supply
contracts to a similar size organization in the past three years.
1. Name of Firm, City, County or Agency:
{\1iami Dade Water & Sewer
Address:
r-rd. ami, FL
Telephone: (305) 375-4258
Service Dates: Since 1990
Contact:
Abe Rodri:;suez
mtJe Procurement ~fana;er
Bid No. (if applicable)
Product Supplied:
Chlorine
2. Name of Firm, City, County or Agency:
Jac~sonville Electric Aut~ority
Address:
JacJ<:sonville, FL
Telephone: (904) 665-7278
Contact:
Carol Logan
mtJe
Purchasing
Service Dates: Since 1990
Bid No. (if applicable)
Product Supplied:
Chlorine
~. Name of Firm, City, County or Agency:
Orlando Utilities Commission
Address:
Orlando, FL
Telephone: (407) 384-4051
Contact:
Rob Hungate
mtJe
Service Dates: Since 1990
Bid No. (if applicable)
Product Supplied:
Chlorine
IOTE: Additional references may be provided and attached.
'. Description & location of physical plant and facilities to supply this bid:
9501 Rangeline Road, Ft. Pierce, FL
ompany Name:
Allied Universal CoI"'9.
Bid Proposal Page 3
Invitation to Bid
Sealed Bid 04/05-25
Liquid Chlorine & Calcium Hypochlorite
,
QUALIFICATION OF BIDDERS INFORMATION
C. Description of Delivery Fleet used for this bid: Company o1med tractor trailers
D. Number of Years your firm has been in business: 51
E. Summary or Proof of quality control program in place at plant.
See Attached
F. Vendor Representative from Firm submitting bid
Name & Title: Catherine Guillarmod. EXEcutive Admini Rt:r;:-d:nr
(1n"l) RRR-7fi?1
Phone No. Beeper No.
( aO~ ~J 9J99
ax o.
G. Summary of safety procedures in place regarding deliveries/off loading of product. Include any training programs that
drivers are required to participate in.
See attached safety information
i. In-house valve cleaning and overhaul procedure (may be submitted as an attachment):
See attached
ompany Name:
Allied Universal Corp.
Bid Proposal Page 4
Invitation to Bid
Sealed Bid 04/05-25
Liquid Chlorine & Calcium Hypochlorite
,
QUALIFICATION OF BIDDERS INFORMATION
I. Citations and or violations of environmental regulations (may be submitted as an attachment):
None
J. Emergency Crew information:
Location of nearest emergency station: 9501 Ranqeline Road, Ft. Pierce, FT...
Name of person in charge of emergency crew: Rnnn i ~ T .e'lj,get t
Telephone numbers to be called for emergency service and/or normal maintenance:
(772) 464-6195
Time periods during which service will be available from the number(s) indicated: 24 "hours / 7 days
Company Name:
Allied universal Corp.
End of Sealed Bid
Bid Proposal Page 5
Invitation to Bid
Sealed Bid 04/05-25
Liquid Chlorine & Calcium Hypochlorite
,
DRUG FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statue 287.087 hereby certifies that
Allied universal Cor~.
(Name of Business)
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.
does:
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 Drug-Free statement.
4. Notify the employees 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 state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, by any employee who is so
convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
.,t~ ~/~rI March 18,2005
Propose~ gnature Date
Attachment No. 1
LMG
3/8/2005 4:12
PAGE 002/002
LMG
This ceal1icale is llII:eculed b Liller MUblal IasIll'lllCe Grcu u
I audliDlurmcell is a1bdecl d1Dae
Certlftellte of IDnranee
This cenifiale is i_ed .. I IIIJIlllc of Donnadoo ooly am cooera lIll ri&ID Upco }OU !be cedificllll b:llder. 1bia cerlifica!e is IIlX 10 illIun.oce policy aod does mt uneaJ, exlilDcl, or aIIllc die rovage
afbaled b the .. I listed bebw.
Tlds js to eertlly th8t lNIIDe aDd address of 1Dsured)
'\
BMOO68
Allied UDiversal Holding Ccxporalian
3901 N.W. 115 Avenue
Miami. FL 33178
ftt
.
Libertx
Mutual~
is, II !be islUe dlle of Ibis cedl1lcace. ioawed by !be Compaoy uaIer!be pollcy(iel)!istIld bekIw. The ilIluraoce a1rorded by !be lilted policyCiea) is aubjecl to all lbeir tonnI, exclusDla am rooditioos am
is IIlX aIcemI bv IOu Iem1 or cooditioaof lilY CXHUIcl or llIIw doc:umeot wid:l-llDwbichlbis cerlificacemay be islUed.
EuJration Type ExPIration Datel's) Polk:v Numbens) Limits of LiabiHty
Continuous'" 0110112006 WCl-lSl-278S94-015 Coverage etforded UDder WC law of Employel"l Liability
to- Extended the foDowlng states: BocUJy ~ury By Alrldent
t-- $500,000 Each Aooident
X Policy Term AR. FL. GA
BocIily Injury By Disease
$500.000 Policy Limit
Workers Compensation BocIily lDjury By Disease
$500,000 Each Person
Generlll Aggregate-Other than ProdICompJeted Operations
Generlll LiabiBty
B Clalms Made I Products/Completed Operations Aggregate
Occ~DCe BodDy lDJury and Property Damage Liability Per
OcaIrreoce
I Retl'O Date I Pel"lonlll and AdvertisJns ID,jury Per Person I
Ol'll!anlzation
Other Liability Other LiabiBty
Each Accident - Single Limit. B. L and P. D. Combined
AutomobDe LiabiHty
Eacla Penon
~~ I ElICh Acddent or OcaIrrence
Each Accident or Occurrence
C
0
M
M
E
N
T
S
.Jf!be 0Illlificare upiraIjao cia... ia ClOOIiouaua or lll<IIlaIed Ierm, you wiD bollDlilied if cover.., ia lIlmIiDated or mcb:ed boixe lbO ClIldificIllll tllQJintioo dlle. HoWllVet, you wlIJ mt be lIlIlified lDlllaUyof
!be alIIIiauatio.a oi covet.
SpeciaJ Notico - Obio: Aaj penoa wbo, wilb iDIeot 10 defnud or Imowq lbat be / she is Dcililatioa I fraud Ipiaal80 iDaurer, IUbmitS 10 applicllioa or file. I claim lXXIlIiaia& I faIae or
deceptive .1IIIlmeal ia JuiIly oi iamrm:e lrlllll
Impodllal iabanatio.a t> Fbida polic~1&n am cectificace boldea: ia Ibe llWd you bave lilY qaellliooa or aoed ilIbmalico about Ibis cerlificace b say ~ pJeaae coolIel }OUl' bcal aJea producer,
whale - amllllqlb:lao lIUJIIber IftlllIlI ill !be lower left - of IbiI Cllltiliclle. The I(IIlt'Oplialelocal aJea office IDIilios IlIdnlsI may alao be obtaioed by coDio& IbiIlIIIDIbet.
Notice of caa:eIIalioo: (1IlX applicable 1IlIIe.. I DIIJIIber oi da)'A iallllllnd bobw). Before Ibe _lied eIpiraIioo clalelbe complllY wiD IIlX CIIICllI or reduce Ibe iDIwaoce a1bded UDder Ibe lbove
poIides uodll'leut JI dI)'A IIIlice 11 audl caa:ellalioo bu beea mailed to:
Office: Fr. IAUDBRDAIB, FL-COMMBRCIAL MKTS Fbone: 800-542-0055 ~~.~4~~'.' .-.-.,....,.....
... .....",..
. "' ........ ".
Certificate Holder: JAMES FIET
City of West Palm Beach Authorized Reunsentative
1045 Charlotte Avenue
W. Palm Beach, FL 33401
Dare Issued: 08/ 08' 2006 Prepared By: CS
ACORQ. CERTIFICATE OF LIABILITY INSURANCE I UAIl: IMMlUUlTTYTI
09/09/2004
PRODUCER (305)822-7800 FAX (305)558-4294 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DO~ NOT AMEND, EXTEND OR
P. O. Box 9315 AL TER THE COVERAGE AFFORD D BY THE POLICIES BELOW.
Miami Lakes, FL 33014-9315
Lourdes Randolph INSURERS AFFORDING COVERAGE NAlC#
INSURED All led Universal Corp, Transportation Svcs, ~ INSURER A: Greenwich Insurance Co.
3901 NW 115 Ave. INSURER B: Indian Harbor Insurance Co.
Miami, FL 33178 INSURER c:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
AN( REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
fPl~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMlTS
GENERAL LIABIUTY GECOO0500104 09/30/2004 09/30/2005 EACH OCCURRENCE $ 1. 000, OOC
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100. ooe
X I CLAIMS MADE 0 OCCUR MED EXP (Art! one person) $ 5,OOe
A PERSONAL & ADV INJURY $ 1 000 ooe
-
GENERAL AGGREGATE $ 2 ooo,ooe
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000.OOC
IX1 POLICY n ~~8r n LOC
AUTOMOBILE LIABILITY AECOO0500204 09/30/2004 09/30/2005 COMBINED SINGLE LIMIT
X Ar-N AUTO (Ea accident) $
- I,OOO,OO(
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
A -
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABH.1TY AUTO ONLY. EA ACCIDENT $
q Ar-N AUTO OTtER THAN EA ACC $
AUTO ONLY' AGG $
EXCESSAJMBRELLA LIABILITY UEC000500404 09/30/2004 09/30/2005 EACH OCCURRENCE $ 9. 000. OOl
~ OCCUR o CLAIMS MADE AGGREGATE $ 9,000,001
A $
~ DEDUCTIBLE $
X RETENTION $ 10,000 $
WORKERS COMPENSATION AND I -mMi~~ I lu~r
EMPLOYERS' LIABILITY
AN( PROPRlETORlPARTNERlEXECUllVE E.l. EACH ACCIDENT $
OFFICERiMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $
r ~s. describe under
S EClAL PROVISIONS below EL DISEASE - POLICY LIMIT $
P~~ution Liability - PECoo0500304 09/30/2004 09/30/2005 $5,000,000. Each Loss and
B "'1 a ims Made Fonn $10,000,000. All Losses
ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
City of West Palm Beach
1045 Charlotte Ave.
West Palm Beach, FL 33401
LA 10
SHOULD ANi OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL
-3Jl.. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUTFAlLURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANi KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE / ( . . ,: . I.
Mel Wiesel LBR .-'fe..r C,-. ...l4....~,
@)ACORD CORPORATION 191
CORD 25 (2001/08)
,
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ICORD 25 (2001/08)
~l!; SERIES: \ PROCEPURE:
~ ~~ OPERATING PROCEDURE
t:tv 500 501
ALLIED UNIVERSAL CORPORATION
SUBJECT: PROCEDURE FOR RECEMNG, CONNECTING, UNLOADING, DIS-CONNECTlNG AND RELEASING
CHLORINE RAIL CARS
ISSUED By: SAFETY & ENVIRONMENTAL DEPARTMENT LAST REVIEW: NEXT REVIEW:
ApPROVED By: OPERATIONS DEPARTMENT December 2002 Januarv 2004
SAFETY EQUIPMENT REQUIRED: FORMS REQUIRED:
. Safety Glasses (ANSI Z87 Approved) " . Rail Car Release Form
. Faceshie/d . Rail Car Fill Record
. Escape Respirator (Nose Clip, Mouthpiece Respirator) . Daily Railcar Status Report
. Steel Toe Boots Or Shoes
. Leather Palm Gloves
PHYSICAL AND HEALTH HAZARDS: EXPOSURE:
Chlorine is hazardous to humans, animals and aquatic organisms. In case of exposure to the skin or eyes, rinse
Hazardous liquid and gas under pressure. May be fatal if inhaled, do not with runn'lng water for 20 minutes. Remove
breathe air containing this gas. Corrosive. Do not get in eyes, skin or on any contaminated clothing. Seek medical
:Iothing. attention.
If inhaled, remove to fresh air. keep warm and
quiet. Drink milk to sooth buming. Seek
medical attention.
JANGERr FAILURE TO COMPLY WITH THIS PROCEDURE MAY CAUSE SERIOUS HARM TO
iUMAN HEALTH AND THE ENVIRONMENT.
1.0 CHLORINE RAILCARS
PURPOSE:
To have an effective means of performing necessary steps to properly unload
and release chlorine rail cars.
SCOPE:
Procedure provides technical information regarding chlorine rail cars as well as
steps to be taken to properly unload and release the cars.
.1 Chlorine Railcar Regulations
DOT Soecification
Chlorine is classified for transportation by the U.S. Department of Transportation (DOT) as a Class 2.3
(Inhalation Hazard). Chlorine tank cars built after September 30, 1991 must be constructed in
accordance with DOT specification 105S500W. Tanks cars constructed prior to September 30, 1991 are
authorized to transport chlorine if they are constructed in accordance to DOT specification 105A500W or
105A300W.
Trainina Reauired
All persons handling tank cars which are used to transport hazardous materials must have documented
training in applicable regulations (general awareness), job function specific and safety procedures.
Training is required within 90-days of hire and once every three years as a minimum.
SERIES:
PROCEDURE:
OPERATING PROCEDURE
501
ALLIED UNIVERSAL CORPORATION
CONTINUATION
500
1.2 Railcar Description. Chlorine Institute Pamphlet 66
Allied Universal Corporation receives chlorine in tank cars with 90 ton capacities. Tank cars may not be
--loaded with chlorine in excess of this nominal weight. Tt'le quantity of chlorine loaded into a single-unit
tank car must not exceed 180,000 pounds.
Len Over Strikers
Overall Height
Extreme Width
Height to Valve Outlet
1.3 Manway Arrangement for Chlorine Railcar
1.3.1 Manually Operated Angle Valvel Excess Flow Valve
All chlorine tank cars are equipped with manway arrangements in accord with CI Drawing 107. Most are
equipped with four 1 inch manual angle valves. The two angle valves on the longitudinal center line of the
tank car are for liquid transfer and the two valves on the transverse center line are for vapor. The liquid
valves are each equipped with a one and one-quarter inch eduction pipe extending to the bottom of the
tank for unloading of the product.
Each eduction pipe is equipped with a standard excess flow valve. The car may be equipped with excess
flow valves having a maximum operating flow rate of 7,000, 11,000 or 15,000 Ibs. of chlorine per hour per
valve.
.3.2 Safety Relief Device
The standard safety valve is 1-1/2 JQ safety relief device located in the center of the manway cover. The
device is set to discharge at 225 PSIGG on 105A300W cars or at 375 PSIGG on 105A500W cars.
.4 Quality Control
Prior to receiving the chlorine railcar and securing it for unloading, verify that the tank car is loaded with
chlorine by careful inspection of the following:
a.) bill of lading and/or the reporting marks (DOT shipping description on the paperwork)
b.) the car number,
SERIES:
'\
PROCEDURE:
OPERATING PROCEDURE
, ALUED UNIVERSAL CORPORATION
CONTINUATION
500
501
c.) commodity marking (words "Inhalation Hazard" on the side of the car),
d.) placards (Inhalation Hazard Placard with the UN number 1017),
e.) intact cable seal, and
f.) product certificate of analysis (COFA) from the manufacturer; COFA must indicate that the
chlorine product meets ANSJ/NSF STANDARD~O.
If ONE of these items is questionable, incorrect or missing (Le. no certificate of analysis), or if there is no
idication that the product is certified to ANSIINSF Standard 60, notify the Branch Manager or his or her
designee immediately and DO NOT SECURE THE RAILCAR FOR UNLOADING.
No railcar may be unloaded until it has been determined that the railcar contains chlorine and a product
certificate analysis has been provided to the Branch. THE BRANCH MANAGER OR PLANT MANAGER
MUST AUTHORIZE UNLOADING.
If all items are acceptable, proceed to section 1.5 of this SOP.
1.5 Connecting Chlorine Railcars
1.5.1 Securement and Protection
Chlorine tank cars must be unloaded on a private track or siding, AND PER THHE REQUIREMENTS OF
DOT-E 10595, (EXEMPTION POSTED IN THE OFFICE OF THE FACILITY). Derails must be provided
for the open end or ends of the siding.
1. Once the tank car has been placed at the desired location and before the car is connected, the hand
brake must be set and the wheels properly chocked. Make sure brake shoes contact the wheels, (49
CFR ~174.67[a][2]).
2. Derails should be located at least 50 feet from both open ends of the chlorine car and locked.
3. Caution signs must be placed on the track or cars to give necessary warning to persons approaching
the cars from the open end of a siding. The sign must be left up until after the cars are unloaded and
disconnected from the discharge connection. The signs must be of metal or other comparable
materials, at least 12 inches high by 15 inches wide in size, and bear the words "STOP-Tank Car
Connected", or "STOP-Men at Work", the word "STOP" being in letters at least 3.9 inches high and
the other words in letters at least 2 inches high. The letters must be white on a blue background. (49
CFR S 174.67[a][3]) AND COMPLETELY LEGIABLE.
4. Use bolt cutters to remove dome seal. If seal is not in place, cease operations and notify the
supervisor immediately.
5. Remove the protective dome cover and inspect the manway fittings for evidence of a leak. If you
suspect a leak, use aqua ammonia vapor squeeze bottle to detect the location of the leak. The most
convenient way to use aqua ammonia vapor for this purpose is to direct the vapor from a plastic
s ueeze
OPERATING PROCEDURE
SERIES:
PROCEDURE:
ALLIED UNIVERSAL CORPORATION CONTINUATION
bottle containina aaua ammonia vapor at the suspected leak.
vapor on pipe or fittinas.
6. If you determine the tank car is leaking or suspect that the tank car is leakk1tg (and due to potential
hazards can not determine the location of the leak), NOTIFY YOUR 8RANCH MANAGER, PLANT
MANAGER, OR SUPERVISOR IMMEDIATELY. DO NOT CONNECT PROCESS PIPING AND
UNLOAD THE RAILCAR.
500 "
501
Do not sauirt liauid aci'ua ammonia
1.5.2 ---Unloading
"
1. Before any connection is made to a chlorine tank car, all piping should be clean, dry, and free of oil
and corrosion. The pipelines are to be blinded off or covered to prevent air from entering the pipeline.
AIR PLUS CHLORINE PRODUCES HYDROCHLORIC ACID, which is extremely corrosive to the
piping and other railcar unloading, packaging and bleach production equipment.
2. Chlorine tank car angle valves are equipped with a 1 inch pipe plug closure secured to a valve bOdy.
This plug should be tightly in place when the car is received and located for unloading.
3. Small amounts of moisture can cause corrosion to tank car equipment and to the piping and handling
system; before any air lines are connected to a tank car, you must verify that the air dryer is
functioning properly (crystal balls are blue) to assure dry air, (see dry air compressor procedure).
Check to assure that air dryer is on line and appropriate valves to car are opened. If there are no
problems, connect air line to car vapor valves (perpendicular to track).
4. Using a 24" wrench, SLOWLY remove the 1 inch plugs from the angle valves under the dome. As
each plug is loosened check the valve for leaks with aqua ammonia vapor vapor squeeze bottle. If
there is a leak replace the plug and notify your Supervisor immediately.
5. Connect all piping using chlorine compatible sealer for all joints. Use new viton gasket in flange for
each hook-up. -
6. Crack liquid valve on car until pressure reaches 90 psig. At that point close valve and check all
connections with ammonia vapor squeeze bottle. If any connections leak, vacuum the line to vacuum
accumulator ton and tighten piping or flange.
ALTERNATIVE PRESSURE CHECK: Instead of cracking the liquid valve on the car, line can be
pressurized with chlorine gas LJsing a ton or cylinder properly connected to the loading system (see
SOP 505A or 5058 for proper connection procedures). Crack open ton or cylinder valve. Crack
open chlorine (yellow) valve on fill station line (this will allow the gas to pressurize chlorine railcar
unloading line). Check connections at fill station for gas leaks using ammonia vapor. At railcar,
check all connections for gas leaks using ammonia vapor.
If no leaks detected, return to the fill station, Close chlorine (yellow) valve on fill station line. Close
ton or cylinder valve on ton or cylinder.
7. Open railcar liquid valves SLOWLY to full open position (approximately three full turns) to prevent
ball check valve from activating.
OPERATING PROCEDURE
SERIES:
PROCEDURE:
~UEDUNIVERSAL CORPORATION
CONTINUATION
500
501
8. Turn on rail car air compressor. Wait until compressor cycles and stops (1'80 psig. minimum). Slowly
open railcar valve connected to the air line and listen to air going to car.
9. If you suspect air is not going in; close the air valve on the railcar and wait untU air pressure is higher
than car pressure then repeat. Do not exceed 125 PSIGG in tank cars eq'uipped with 225 PSIGG
safety relief device and 200 psig in tank cars equipped with 375 psig safety relief device.
1.5.3 Monitoring the Unloading
-:A.nytime a tank car of chlorine is connected to an unloading device, a means must be in place to assure
that the flow of chlorine from the tank car is carefully controlled (49 CFR ~174. 67[1]). The important
provision is that the tank car is being monitored and can be quickly shut off should unloading difficulties
develop.
DOT Exemption 10595 exempts Allied Universal Corporation facilities from the provision of 49 CFR
g174.67(i)(j) provided that the railcar car unloading operation is monitored with a gas detection system,
Chlorine Institute Pamphlets are present at the facility (Allied Technical Guidance Manual), a bi-directional
derailer is within 50 feet of the railcar, and training and other provisions of 49 CFR ~174.67 are being
implemented.
THE RAILCARS, SPECIFICALLY THE HOSES, MAY NOT REMAIN CONNECTED WHEN THE
FACILITY IS UNMANNED. Please see section 1.6 for disconnection procedures.
1.6 Unhooking and Releasing Chlorine Railcars
.6.1 Empty Tank Car Blowdown
Before any car can be unhooked and released, the pressure must be reduced before unhooking for return
shipment to the supplier.
With Railcar 810wdown Svstem:
1. Close main chlorine line valve and open blowdown valve to the blowdown production tank to relieve
pressure inside railcar.
2. Continue to allow pressure to dissipate to bleach system to between 50 to 60 psig.
3. Once suitable pressure has been obtained, close railcar valves and let pressure in hose dissipate in
blowdown line before closing blowdown valve and disconnecting hoses.
4. If pressure continues to be present after the blowdown, or if pressure gauge rises after blowdown,
tighten the flanges and notify your supervisor of the problem. A valve may be leaking and causing
the pressure to increase.
Without Railcar Blowdown Svstem:
1. Close all manifold valves to allow the railcar gas pressure to be bled down to the bleach tank.
OPERATING PROCEDURE
SERIES:
PROCEDURE:
.LIED UNIVERSAL CORPORATION
CONTINUATION
500
501
2. Once pressure is reduced to below 80 psig, but not less than 50 pSig, cl~se railcar supply valve and
close the valve to the bleach tank..
3. Open chlorine and vacuum manifold valve at a ton or cylinder station until vacuum is obtained.
4. Proceed to 1.6.2, Step 2.
1.6.2 Unhooking Chlorine Cars
1. Plants with a railcar blowdown system must be aware that a burst of pressure may be present when a
tank car is first disconnected. The line must be c1~ecked for pressure by checking the pressure
gauge. When line is empty, unhook flanges and blank up immediately to prevent moisture from
entering pipes.
2. Make sure all valves are securely closed before unhooking the flange bolts.
3. Remove pipes, and IMMEDIATELY put in plugs and tighten plugs wrench tight, (49 CFR g174.67[[k]
- all closures made tight). To ensure valves are properly closed and plugged, check with aqua
ammonia vapor vapor.
4. IMMEDIATELY cap the flange to prevent moisture from entering the process piping.
5. Check dome for any tools left inside. Close dome lid and install extra seal on dome of the tank car.
Extra seal is shipped with all cars to protect from vandalism.
6. Remove chocks, unlock derailer, and remove Caution flag (if applicable).
7. Fill out railcar release form turn into office for release and removal of railcar by rail servicing carrier.
CONFIRM RELEASE FORM IS FOR THE PROPER CAR BEING RELEASED AND THAT ALL
FORM QUESTIONS ARE PROOPERL Y ANSWERED.
1.7 Special Operations
· I nitial Startup
Same as normal SOP 501
· Normal Shutdown
Same as normal SOP 501
· Temporarv Operations
Same as normal SOP 501
· Emeraencv Operations
None. Chlorine railcars may only operate under normal or temporary conditions. No operation is
allowed during emergency situations.
· Emeraencv Shutdown
Cause: Release of hazardous material to the environment or other natural disaster or act of God.
SERIES: PROCEDURE:
OPERATING PROCEDURE
-WED UNIVERSAL CORPORATION
CONTINUATION
500
501
Personnel: Emergency responders or Chlorine/Bleach Operators
Action:
Activate remote emergency shut-down switch and close valves on the railcar, (Reverse of
SOP 501). Contain, control and mitigation of the leak (see Emergency Response Plan)
. Startup After Emeraencv Shutdown
.
Branch Manager must visual inspect all equipment involved with the operation of the chlorine railcar.
Follow normal start-up procedures and document the inspection on the daily start-up checksheet (see
SOP 502).
Once inspection is complete, repair any deficiencies and document all repairs. See SOP 501 and
slowly open the chlorine railcar. Slowly introduce chlorine into the system by operating the liquid valve
on the rail car and allowing a small amount of liquid into the system. Check flanges, couplings and
threaded connections with vapor from aqua ammonia vapor squeeze bottle.
If leak detected, close the railcar and notify the BRANCH MANAGER. Repeat inspection.
Onlv the Branch Manaaer or his desianee in his absence mav recommission the chlorine railcar back
to service. ~
OPERATING PROCEDURE
SERIES:
PROCEDURE:
ALLIED UNIVERSAL CORPORATION
SUBJECT: VALVE AND FUSIBLE PLUG INSPECTION AND SERVICE
ISSUED By: SAFETY AND ENVIRONMENT DEPARTMENT
ApPROVED By: OPERATIONS DEPARTMENT
SAFETY EQUIPMENT REQUIRED:
. Safety Glasses (ANSI 287 Approved)
. Face Shield
. Ear Plugs (optional)
. N95 Particulate Filter Mask
t Chemical Impervious Apron and Sleeves (Sleeves Optional)
I Leather Palm Gloves and PVC Gloves
I Steel Toed Boots
500
\
5048
LAST REVIEW:
December 2002
FORMS REQUIRED:
~B.O VALVES
PURPOSE: Cylinder and ton valve inspection program.
SCOPE: To establish proper procedure for the inspection, disassembly, cleaning and re-
assembly of valves.
.B.1 Generallnformation
1. Description and Materials of Construction: See CI Drawings 110 and 113 in Chlorine Institute
Pamphlet 17, Edition 3.
2. Manufacturer: Sherwood Valves, 120 Church Street, Lockport, New York 716-283-1010
www.sherwoodvalve.com
Cylinder valves have a single valve equipped with a pressure relief device. The standard cylinder valve
inlet threads comply with Federal Standard H-28 and are %-14 NGT (CL)-1 with four additional
oversize versions: (CL)-2, 4 threads oversized; (CL)-3, 8 1/2 threads oversized; (CL)-4, 14 threads
oversized; and (CL)-5 28 threads oversized (see CI Drawings 110 and 113 in Chlorine Institute
Pamphlet 17).
Ton valves are identical to the cylinder valve except they are not equipped with a pressure relief
device and the valve seat orifice diameter may be larger than on most cylinder valves. The standard
cylinder valve inlet threads comply with Federal Standard H-28 and are %-14 NGT (CL)-1 and 1-11 ~
NGT (CL)-1 with four additional oversize versions: (CL)-2, 4 threads oversized; (CL)-3, 8 1/2 threads
oversized; (CL)-4, 14 threads oversized; and (CL)-5 28 threads oversized (see CI Drawings 110 and
113 in Chlorine Institute Pamphlet 17).
3.2 Diassembly
1. Disassemble the valve, placing each individual valve component in a bin or container with like
parts.
2. Before placing the Telfon packing rings in a bin, examine the ring for wear, tear and deformities.
3. Place all packing rings appearing to be normal in the packing ring bin.
4. All packing rings failing the examination may not be re-used.
5. Once the parts are separated, the valve and other metal components are to be placed in a
container of water.
6. Soak the valve and metal parts in the container overnight to soften the hard crust of chlorine that
has built up and hardened on the valve.
OPERATING PROCEDURE
SERIES:
PROCEDURE:
ALLIED UNIVERSAL CORPORATION
CONTINUATION
500 \
5048
7.
8.
9.
JO.
.
After soaking overnight, remove the valves and other metal parts from the wa'ter.
Spread the valve and metal parts on racks to dry.
Once the valve has dried, place the valve into the bead blaster
Turn the bead blaster on, projecting the glass beads ,LInder pressure against the valve bodies for
approximately two to three (2 to 3) minutes.
Place metal parts into rotating drum. Metal parts are tumbled for approximately ten (10) minutes
with the glass beads.
Once blasting is completed, one of the following actions must be taken to keep the valves bright:
· Spray valves with a clear spray paint, or
· Place valves into a container with one (1) part paint resin_and eight to ten (8 to 10) parts
mineral spirits.
Place valves on a rack to dry.
Prepare to rebuild the valve.
11.
12.
13.
14.
.B.3 Assembly (Re-Building)
1. The valve seat opening in the valve body as manufactured is sharp or nearly sharp. Over time,
the sharp edge of the seat will become beveled with repeated opening and closing. If an extreme
amount of torque is required to open and close a valve, seat is too beveled and needs
reconditioning. Inspect valve seat. If seat too slanted, insert valve re-seating tool, taking care to
not cut too deep. Only one turn of re-seating tool should be done at a time. Insert valve depth
gauge (GO- NO-GO), to determine if valve seat too deep. If fail, put valve body in scrap bin.
2. Internal valve inspections are to be conducted under a bright light, with some magnification
(magnifying glass). Internal bores and threads are inspected for gross corrosion and material
loss. The threads closest to the valve seat are the most susceptible to corrosion. Loss of
threads could lead to loss of engagement when the valve is closed, resulting in a spinner (valve
with a stem unable to seal at the valve .seat due to thread loss or deterioration). All valves failing
inspection are to be removed from service and sent to the valve rebuilding department, if they are
not already there.lnspect internal threads. Threads have to be in good condition for proper valve
operation.
3. Inspect valve external threads. Any wear can be repaired by use of external thread chaser. If
threads can not be repaired valve must be scrapped.
4. Inspect valve face. Evidence of nicks and gouging can be repaired using re-face tool.
5. Inspect threads at top where packing nut goes and bottom of valve. Re-thread as necessary. If
packing nut will not tighten or slips while tightening, valve may need to be scrapped.
6. Use only valve stems with sharp threads and without evidence of ridges or wear. All stems with
ridges should be sent to Miami for re-surfacing.
7. Inspect packing collar (bottom rings) to make sure no pits, gouges or cracks are visible.
8. Place packing collar on stem first, two Teflon packings with flat sides matching and bevels on top
and bottom. Place packing gland on top and insert in valve.
9. Place packing nut on valve and screw down as tight as possible to get a good seal. Close valve.
OPERATING PROCEDURE
SERIES:
PROCEDURE:
ALLIED UNIVERSAL CORPORATION
CONTINUATION
500 \
5048
10. Inspect fuse plug in cylinder valve for worn threads and fusible metal integrity. Any problems,
fuse plug should be replaced with new plug.
11. To prepare for the leak tes, torque valve shut using torque wrench. Torque to 25 ft-Ibs.
12. Connect valve to air line. All valves must be pressure tested to 500 psig for at least one minute.
If there are leaks, reject valve for service, repair if possible and retest.
13. Next, install outlet cap and safety device (if any), open valve, and test body integrity and packing
to 500 psig again. If there are leaks, reject valve, repair if possible and retest it.
14. After testing, remove outlet cap and dry thoroughly.
15. If valve passes all tests and inspections, valve is ready for service.
13. Segregate valves by type (cylinder or ton) and size (1,2,3,4,5 or 1. inch).
~B.4 Fusible Plugs
Function: designed to melt at 158 degrees F. Releases pressure in cylinder or ton container.
Description and Materials of Construction: See CI Drawings 111-issue 7, 112- issue 8 and 195 issue 2.
Manufacturer: Sherwood Valves, 120 Church Street, Lockport, New York 716-283-1010
www.sherwoodvalve.com
8.5 PM Schedule
Cv/inder Fuse P/ua Check
Cylinder valves are removed from the cylinder prior to filling and inspected. Documented on Visual
Cylinder Inspection Form.
Ton Container Fuse Plua Operational Check
Ton container fuse plugs are removed from the ton container and replaced with a new or rebuilt ton
container fuse plug after every third filling cycle. . Documented on Ton Visual Inspection Form.
3.6 Preventative Maintenance
1. Remove all material build-up on the valve with a wire wheel brush.
2. The external threads on the ton fuse plug is to be visually examined for corrosive damage, heavy wear
and material loss: Five threads must be available on the ton fuse plug. If the threads are broken,
nicked, cut or otherwise damaged (less than five threads available), valve is to be removed from
service and sent to the valve rebuilding department.
3. On cylinder valves, Inspect the fusible metal plugs for wear, corrosion, extrusion of the fuse metal, and
defects such as the fusible metal being separated from the plug. All cylinder valves with faulty plugs
must be removed from service and sent to the valve rebuilding department.
4. Inspect for wear, corrosion, extrusion of the fuse metal on both plugs. Inspect for defects that might
result in a leak, such as fusible metal being separated from the plug's shell.
5. Replace fusible plugs if they are faUlty or their condition is questionable; WHEN IN DOUBT, TAKE
THEM OUT.
6. NOTE: DO NOT ATTEMPT TO REFILL OR REPAIR FUSIBLE METAL IN PLUGS. ALL OUT-oF-
SERVICE FUSIBLE PLUGS ARE TO BE SENT TO THE VALVE MAINTENANCE DEPARTMENT.
~ ~r L-t:rtlJ.~l;;U r 1.UUU\,;t::i - r UUll'-' n a.L"'~ ""Upp~)' ~ ~'-'a.u.ll,-,~n '-'H"'Hll"'UJ.~
4 _~_ ~ ~~ _
NSF Product and Service Listings
These Listings were Last Updated on Friday, March 18, 2005 at 4: 15 AM Eastern Time.
Please contact NSF International to confirm the status of any Listing, report errors, or make
suggestions.
Warning: NSF is concerned about fraudulent downloading and manipulation of web site text. If you have
received this iisting in hard copy, always confirm this certificationllisting information by going directly to
http://WWW,lIsf,orglCertiOed/PwsChem icals/Listings.asp?Company=01240&Stllndard=060& for the latest
most accurate information.
NSF/ANSI STANDARD 60
Drinking Water Treatment Chemicals - Health Effects
ALLIED UNIVERSAL
CORPORATION
3901 NW 115 AVENUE
MIAMI, FL 33178
800-981-6700
305-888-2623
1. Cert-Unk' l
~ (ClIck hi'1 (' tu VI'.I! Ihi'. I
, Comp<1ny'.... W(!b."t,'}
Facility: WEST MEMPHIS, AR
Chlorine[CL]
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30 mg/L
[eLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Sodium Hydroxide
Trade Designation
Caustic Soda
Sodium Hydroxide
Sodium Hypochlorite[CL)
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
Product Function
Corrosion & Scale Control
Corrosion & Scale Control
Max Use
100 mg/L
100 mg/L
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
84 mg/L
100mg/L
[eLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
):/ /www.nsf.om/Certified/PwsChemicals/Listings.asp?Company=O 1240&Standard=060
03/18/2005
SF Certitled Products - .t'UDllC water "UPPlY lrearmem L-nemu.:ws
J..u5.....~V.L .,..,
'\
Facility: FORT PIERCE, FL
ChlorinerCLl
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30 mg/L
[CLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Fluosilicic Acid
Trade Designation
Fluorosilicic Acid
Hydroflosilicic Acid
Silicoflouric Acid
Product Function
Fluoridation
Fluoridation
Fluoridation
Max Use
6 mg/L
6 mg/L
6 mg/L
Sodium Hydroxide
Trade Designation
Caustic Soda
Rayon Grade Caustic Soda 50%
Sodium Hydroxide
Product Function
Corrosion & Scale Control
Corrosion & Scale Control
Corrosion & Scale Control
Max Use
100 mg/L
100mg/L
100 mg/L
Sodium HypochloriterCL)
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
84 mg/L
10Omg/L
[eLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Facility: MIAMI, FL
ChlorinerCL]
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30mg/L
[CLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Fluosilicic Acid
Trade Designation
Fluorosilicic Acid
Hydroflosilicic Acid
Silicofluoric Acid
Product Function
Fluoridation
Fluoridation
Fluoridation
Max Use
6mg/L
6mg/L
6mg/L
Sodium Hydroxide
Trade Designation
Caustic Soda
Rayon Grade Caustic Soda 50%
Product Function
Corrosion & Scale Control
Corrosion & Scale Control
Max Use
100mgIL
100mgIL
",.lluTurn.T n<::T nTO Irp.rtifif':filPw~Chemicals/ListinQs.aso ?Comoany=O 1240&Standard=060
03/18/2005
I ~r cenlIleo yroouc1:S - r UDllL: VV i:1lCl ,:) UjJjJ1Y 11 Ci:1UHCHL \.AICllll'-'al:>
.L -e.- - -..... ...,
. Sodium Hydroxide Corrosion & Scale Control
100mg/L
Sodium Hypochlorite[CL]
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
\
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
84mg/L
. 100mg/L
.
[CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Facility : RATTLESNAKE POINT, FL
Chlorine[CL]
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30 mg/L
[CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Sodium Hydroxide
Trade Designation
Caustic Soda
Rayon Grade Caustic Soda 50%
Sodium Hydroxide
Product Function
Corrosion & Scale Control
Corrosion & Scale Control
Corrosion & Scale Control
Max Use
100 mg/L
100mg/L
100 mg/L
Sodium Hypochlorite[CL)
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
84 mg/L
100mg/L
[CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Facility: BRUNSWICK, GA
Chlorine[CL)
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30 mg/L
[eLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Fluosilicic Acid
Trade Designation
Fluorosilicic Acid
Hydroflosilicic Acid
Silicoflouric Acid
Product Function
Fluoridation
Fluoridation
Fluoridation
Max Use
6 mg/L
6 mg/L
6 mg/L
tn:/ /www.nsf.onz/Certified/PwsChemicals/Listings.asp?Company=O 1240&Standard=060
03/18/2005
~1,' v\".ol"lJ.J.~U J. J.Vu.u."''''~ - ... .....v......_ "-...-... ......-.1"'.1"'.&.J ....a.__,.,.....&..a._.a..&.... _.a...._..............__......
Sodium Hydroxide
Trade Designation
Caustic Soda
Rayon Grade Caustic Soda 50%
Sodium Hydroxide
Product Function
Corrosion & Scale Control
Corrosion & Scale Control
Corrosion & Scale Control
,
Max Use
100 mg/L.
100mg/L
100 mg/L
Sodium Hypochlorite[CL]
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
84 mg/L
100mg/L
[CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Facility: RANGER, GA
Chlorine[CL]
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30 mg/L
[CL] The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Sodium Hydroxide
Trade Designation
Caustic Soda
Sodium Hydroxide
Product Function
Corrosion & Scale Control
Corrosion & Scale Control
Max Use
100 mg/L
100 mg/L
Sodium Hypochlorite[CL]
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
84 mg/L
100mg/L
[CL] The residual levels of chlorine (hypOChlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Facility: ELLISVlLLE, MS
Chlorine[CL]
Trade Designation
Chlorine
Product Function
Disinfection & Oxidation
Max Use
30 mg/L
[CL] The residual levels of chlorine (hypOChlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Sodium Hydroxide
Trade Designation
Caustic Soda
Product Function
Disinfection & Oxidation
Max Use
100 mg/L
tp:/ /www.nsf.org/Certified/PwsChemicals/Listings.asp?Company=O 1240&Standard=060
03/18/2005
H___ .- -.rr-oI
... ""'5'"' oJ V.L .J
Sodium Hydroxide
Disinfection & Oxidation
100 mgIL
Sodium Hypochlorite[CL]
Trade Designation
Aqua Guard Bleach
Aqua Guard Chlorinating Sanitizer
,
Product Function
Disinfection & Oxidation
Disinfection & Oxidation
Max Use
52mg/L
. 62mg/L
[eLl The residual levels of chlorine (hypochlorite ion and hypochlorous acid), chlorine
dioxide, chlorate ion, chloramine and disinfection by-products shall be monitored in the
finished drinking water to ensure compliance to all applicable regulations.
Number of matching Manufacturers is I
Number of matching Products is 48
Processing time was 0 seconds
. Search Listings
. News Room I
. AbQllt NSF I
. Ca.n~ers I
. NSF Mark I
. Client Log-In
. Privacy Policy
. SiteMap I
. Reqllest Info I
. Contact Us I
. Copyright ~ 2QQ4NSF InternationaL
P://www.nsf.orglCertifiedlPwsChemicals/Listings.asp?Company=O 1240&Standard=060
03/18/2005
'\
ALLIED UNIVERSAL CORPORATION
SAFETy/TRAINING INFORMATION
Listed below, is a brief description of Allied Universal's Safety Program, and any
training that may be available:
Allied Universal Corp. is a member of the Chlorine Institute and National
Association of Chemical Distributors (NACO). Allied has a formal Safety Training
Program for all employees, including Chlorine Operators. Allied trains all employees to
the requirements of the DOT, OSHA and EPA, including, but not limited to, Standard
Operating Procedures, Emergency Response, Hazard Communication, PPE, HM-126F.
Training is available, upon request to cover such topics as: Chlorine Safe
Handling, container and valves, health effects from exposure, and emergency
response. Also the safe handling of Sulfur Dioxide, Muriatic Acid, Sodium Hydroxide,
Anhydrous Ammonia.
Listed below, is a brief description of Allied Universal's Quality Control Program,
including all required certifications and safety information:
Allied Universal Corp. Chlorine is certified by NSF to ANSJ/NSF Standard 60
specifications (copy of NSF Certification attached).
As an additional quality control measure, Allied Universal filters all Chlorine re-
packaged into one ton containers and 150 lb. cylinders.
All Chlorine is packaged following the recommendations of the Chlorine Institute.
All containers utilized are of the type approved by and under the regulations of
the US DOT as appropriate for Chlorine storage and transport.
l:MERGENCY CONTACT NUMBERS
CORPORATE:
WORKING HOURS:
AFTER HOURS 24-HoUR EMERGENCY PAGER:
AFTER HOURS 24-HoUR PAGER:
OTHER EMERGENCY CONTACTS (HOME PHONE NUMBERS):
1. RANDY BUNKLEY (912) 262-0789
2. TODD TUCKER (772) 834-8924 3. ROBIN EDDY
(305) 888 -\2623
(305) 483 - 7732 TRANSPORTATION
(800) 921 - 7522
(919) 806-2999
BRANCH MANAGER
(305) 732-0736
(954) 436-1239
" ,;~':'i:. ~ ~.:. ~ ~': .; :,~'~~~::~~?~~:~~~~~~t~~?i.~:;;fr.~M~ ,;(":': ',"~: ~, '-: '.~ ~.: :', :"'~:';~ :':", : ": :',',.\, ,', ,"' ~'l ',;, : ~.~ ~: ',~ :":~. ',: ' ~'
S. REGION OPERATIONS MGR.
BRANCH MANAGER
(888) 338- 4073
(888) 338-3265
(772) 785-8727
(772}.878-4573
:'(:,::':;.,: . '. " :."~. '~'" '~~,':<;"::T:~:':';,":'> ,. . : ,: :', ., ", . : '. ',,' ':~:. ;,::[;:
BRANCH MANAGER
PLANT MANAGER
OFFICE MANAGER
(813) 266-7721
(813) 653-5538
(813) 653-5649
(727) 579-4780
(813) 980-1956
(813) 685-6122
. '\~{~.',; ',: ~,~" .~.:":< ,;':,~ ''''>~'~:'''' .,.. :':: ..'" J . '" ". :'. '".' :.. ": " : ::i ,', ;:'. '>~~
N. REGION OPERATIONS MGR.
BRANCH MANAGER
EMERGENCY RESPONDER
(888) 784-9655
(888) 782-9830
(888) 257-1273
(912) 262-0789
(912) 554-3767
(912) 267-9211
BRANCH MANAGER
PLANT MANAGER
(888) 782-9879
(888) 784-8858
(706) 624-3776
(706) 334-4285
. '/;', "r- , . , ", ", ': ", '., r ~ ,', , ':. .,. ' , ," ,'. '~
\ . ''<if ~ _ I,' ~ . .' ... , ~ '
BRANCH MANAGER
(888) 788-4484
(870) 732-1338
BRANCH MANAGER
(877) 364-8642
(601) 477-2076
10/09/2003
The
City
of
West Palm 9Jeach
,
PROCUREMENT DIVISION
1045 Charlotte Avenue
West Palm Beach, FL '33401
TEL: (561) 659-8036
FAX: (561) 835-0028
"The Capital City of the Palm Beaches"
March 23, 2005
Allied Chemical Corporation
Attn: Catherine Guillarmod
3901 N.W. 115 Avenue
Miami, FL 33178
RE: Sealed Bid No. 04/05-25 -Liquid Chlorine & Calcium Hypochlorite
Co-Op Bid
Notice of Award
Dear Ms. Guillarmod:
This letter will advise you that Allied Chemical Corporation has submitted a bid for the
subject project that has been determined to be the best value to the City for the items as
fisted on the attached award page and as described in the Invitation to Bid. The term of
this agreement shaff be for one year beginning on April 1, 2005 and ending on March
31, 2006, with the option for renewal. The City will issue separate purchase orders
based on the specific items and fixed prices listed in the bid and attached to this letter.
Thank you for bidding these chemicals and we look forward to a successful relationship
with your firm.
l ~gard~. ~
Nora Lau rm' ,CPPB
Procuremen Official
cc: City of Boynton Beach
City of Delray Beach
City of Lake Worth
City of Riviera Beach
Viffage of T equesta
Town of Lantana
, ,
,
CONTRACT FOR LIQUID CHLORINE & CALCIUM HYPOCHLORITE
THIS CONTRACT is made by and between the CITY OF WEST PALM BEACH ("City")
and ALLIED UNIVERSAL CORP., a Florida corporation, whose principal address is 3901 NW
115 Avenue, Miami, Florida 33178 (the "Supplier").
WITNESSETH:
WHEREAS, the City issued its Invitation to Bid # 04/05-25 (the "Invitation to Bid")
pursuant to state and local law to solicit sealed bids for qualified Suppliers to supply liquid
chlorine and calcium hypochlorite at a fixed price on an as needed basis for government
entities; and
WHEREAS, the Supplier responded to the Invitation to Bid by submitting its sealed bid
dated March 18, 2005 (the "Bid"), which Bid was accepted by the City; and
WHEREAS, although the Invitation to Bid addresses in some detail the equipment,
materials and services to be provided, there are certain issues not addressed by these
documents which the parties desire to address;
NOW, THEREFORE, in consideration of the foregoing promises and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City
and the Supplier hereby covenant and agree as follows:
1. Order Placement
1.1 Liquid chlorine and/or calcium hypochlorite ("Products") will be' ordered using
purchase orders on an "as-needed" basis for the term of this Contract. The City makes no
representations or guarantee regarding the quantities to be purchased and reserve the right to
vary all quantities of the Products. This is a non-exclusive contract.
1.2 Each purchase order will contain the following information: the governmental
entity placing the order; product and quantities ordered; delivery point; required delivery time if
other than within 24 hours.
1.3 Purchase Orders may be faxed to Kim Adams at Supplier's office at n2-462-
0716.
1.4 The Supplier will deliver ordered Product to the City on a "first priority" basis after
an emergency, disaster, hurricane, flood or Act of God or other situation that threatens the
public health.
1.5 All Product and associated containers or equipment shall comply with the
Technical Specifications attached hereto and incorporated herein as Exhibit A (the "Technical
Specifications").
1.6 Cylinders shall comply with the Technical Specifications.
1.7 All Product, equipment and services provided shall be in compliance with City,
County of Palm Beach, State of Florida, Florida Department of Commerce, AWWA and Federal
regulations, codes and standards including the standards of the Occupational Safety and Health
Act of 1970 (OSHA), as amended,
2. Delivery I AcceDtance.
2.1 Delivery shall be FOB the destination as indicated on the purchase order.
Liquid Chlorine I Allied Universal
032805
1
'\
2.2 Tender of delivery shall be made within Twenty-Four (24) hours of order
placement, or as otherwise stated on the purchase order. Any deviations from the requested
delivery shall be communicated to the City at the time of ordering. Time is of the essence with
respect to this Contract and delivery. In the event Supplier fails to deliver the Pfoducts within
the specified time, City may cancel this Contract and purchase elsewhere without liability for
damages for breach of contract, lost profits, or any other damage claim.
2.3 A current Material Safety Data Sheet (MSDS) will be provided to each delivery
location upon the first placement of an order for that location.
2.4 All deliveries shall be accompanied by a packing list or bill of lading containing, at
a minimum, a description of the Product and the quantity delivered.
2.5 All deliveries shall be meet applicable AWVVA specifications. Upon execution of
this Agreement, Supplier will provide a certificate of conformance or affidavit of analytical data
verifying that the Products will meet AWWA specifications. In the event of any non-
conformance with the AWWA specifications, Supplier will, within 24 hours of Supplier's
knowledge of non-conformance, notify City of such non-conformance.
2.6 Supplier inspected all valves in accordance with the Technical Specifications.
2.7 Delivery vehicles shall comply with the Technical Specifications.
2.8 Supplier shall ensure that the product shipped is in the correct quantity and
meets all specifications of the Technical Specifications, purchase order and order release.
Deliveries which do not meet these requirements may be rejected and returned to the Supplier
and the Supplier's expense.
3. Pavment.
3.1 Payment for Product quantities delivered and accepted shall be in accordance
with Supplier's Bid prices for each delivery pOint as shown on Exhibit a, attached hereto and
incorporated herein. Prices are F.O.B. delivery point. The City will not be charged any
additional delivery charges nor any drum deposit.
3.2 City will make payment upon receipt of a verified invoice which includes the
following information: the City's purchase order number; delivery date, quantity, product
description, price and Supplier's unique invoice number.
3.3 Payment will be made in accordance with the Florida Prompt Payment Act,
Section 218.70, et aI., Florida Statutes.
4. Term. This Contract shall commence on the date last executed and shall
continue and ;:e;:najn in full force and effect for two (2) years unless terminated earlier as
provided herein, and may be renewed, at the sole option of the City, for two (2) additional twelve
(1.2) month periods. Option for renewal will only be exercised upon mutual written agreement
and with all original terms and conditions. After the initial term, unit pricing may be adjusted
based on industry standards as negotiated with the City's Procurement Official. Any renewal
will be subject to appropriation of funds by the City.
5. Emeraencies or Problems.
5.1 If, in the sole opinion of the City, an emergency condition exists regarding the
Products, equipment or materials related to this Contract, Supplier will make available to City in
an expeditious matter necessary trained emergency crews and properly fitted equipment and
will work with the City to eliminate any emergency condition.
Liquid Chlorine I Allied Universal
032805
2
,
5.2 If, in the sole opinion of the City, a non-emergency maintenance problem exists,
the City will provide notice by telephone to the Supplier and Supplier will provide trained
personnel and remedial maintenance within twenty-four (24) hours after teceipt of the
telephone notice.
6. Insurance.
6.1 Supplier shall maintain at all times during the term of this Contract, and any
renewal periods, policies of insurance obtained and written in the State of Florida, for coverage
in an at least the following minimum limits:
(a) Comprehensive genera/liability in the minimum amount of $1 ,000,000 combined
single limit for bodily injury and property damage liability for claims for damages
for bodily and personal injury, including death, as well as claims of property
damages which may arise from any operations under this Contract, whether
such operations be by the Contractor or by anyone directly or indirectly
employed by the Contractor; and
(b) Automobile liability in the minimum amount of $500,000 combined single limit for
bodily injury and property damage liability per an occurrence form policy and
shall be and "any auto" or comprehensive policy
(c) Worker=s Compensation Insurance and Emp/oyer=s Liability Insurance in at
least such amounts as are required by law for all its employees per Florida
Statute Section 440.02, and in an amount not less than $100,000.
6.2 Certificates of insurance stating the types of coverage provided, limits of liability,
and expiration dates, shall be filed with the City before the City executes this Contract. The City
of West Palm Beach and the East Central Regional Wastewater Treatment Facility Operations
Board shall each be named as an additional insured on all liability policies.
7. Indemnification. The Contractor shall indemnify, defend, save and hold
harmless City, its officers, agents and employees, from all claims, damages, losses, liabilities
and expenses arising out of the operations of the Contractor or its subcontractors, agents,
officers, servants, independent contractors or employees pursuant to this Contract, specifically
including, but not limited to, those caused by or arising out of (a) any act, omission, default or
negligence of the Contractor in the prOVision of the services under this Contract; (b) property
damage or personal injury, including death, which damage, injury or death arises out of or is
incidental to or in any way connected with Contractor's execution of services under this
Contract; or (c) the violation of federal, state, county or municipal laws, ordinances or
regulations by the Contractor. Nothing in this Contract shall be deemed to waive or affect the
rights, privileges and immunities of the City as set forth in Section 768.28, Florida Statutes.
8. Force Maieure. In the event of a hurricane, tornado, fire, flood, major storm or
other natural disaster or epidemic, war, civil disturbance, terrorist activity or government actions
beyond the control of the Supplier and which results in the prevention or delay of performance
by the Supplier, the Purchasing Official may grant the Supplier an extension of time for delivery.
9. Taxes. The City is exempt from federal and state tax for tangible personal
property. The Procurement Official will, if requested, provide an exemption certificate. The
Supplier is not exempt from paying sales tax to the Supplier's suppliers for the materials
Liquid Chlorine I Allied Universal
032805
3
, . .
required for the Supplier to perform under this Contract. The Supplier shall not be authorized to
use the City's tax exemption number for purchasing supplies and materials.
10. Availability of Funds. This Contract is expressly conditioned Upon the
availability of funds lawfully appropriated and available for the purposes set out herein as
determined in the sole discretion of the City. In the event funds to finance this Contract become
unavailable, the City may terminate this Contract upon no less than twenty-four (24) hours
notice, written and delivered to the Supplier. The City shall be the sole and final authority as to
the availability of funds.
11. Small Business Proaram ParticiDation. The Supplier shall comply with the
requirements of the City's Small Business Program Ordinance No. 3366-00.
12. Non-discrimination. The Supplier warrants and represents that all of its
employees and applicants for employment are treated equally without regard to race, color,
religion, disability, gender, age, national origin, ancestry, marital status or sexual relation.
13. Termination.
13.1 The City shall have the right to immediately terminate this Contract, in whole or in
part, in the event either the Products or service do not comply with the Technical Specification
or if Supplier cannot or does not meet the delivery time requirements.
13.2 In the event of any other breach by Supplier under this Contract, the City will
serve written notice of the breach on the Supplier and provide a five (5) day period to cure such
breach.
\
14. Public Records Law. The Supplier shall comply with the provisions of Chapter
119, Florida Statutes, in conjunction with this Contract.
15. Riaht to Audit. The Supplier shall maintain adequate records of the eqUipment
and materials provided under this Contract for three years following the expiration or termination
of the Contract. The City, during the Supplier's business hours and with at least 24 hours prior
notice to the Supplier, shall have the right to audit the Supplier=s books and records, at the
City=s expense, with regard to the accounts and materials provided to or on behalf of the City
hereunder to ensure that all aspects of the Contract are being met. Failure by the Supplier to
permit such audit shall be grounds for termination of this Contract by the City.
16. Conflict of Interest. The Supplier is aware of the conflict of interest laws of the
City and the State of Florida, and covenants that the Supplier will fully comply in all material
respects with the terms of said laws.
17. Waiver. No waiver of a breach of any provision of this Contract shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall
be effective unless made in writing.
18. Severabilit\(. Should any provisions, paragraphs, sentences, words or phrases
contained in this Contract be determined by a court of competent juriSdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State of Florida or the City, such provisions,
paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in
order to conform with such laws, and to the extent they cannot be so modified, then the same
shall be deemed severable, and in either event, the remaining terms and proviSions in this
Contract shall remain unmodified and in full force and effect.
19. Notices. All written notices, demands and other communications required or
provided for under this Contract shall be sent by certified mail, return receipt requested, postage
prepaid, in the case of mailing, or by overnight or same day courier, or by electronic
Liquid Chlorine / Allied Universal 4
032805
transmission producing a written record, or hand delivered to the following address and person
bearing the following title for each party hereto or such other addressee or person as shall be
designated by a party in a written notice given in the manner required hereby:
to the City: City of West Palm Beach
P.O. Box 3366
West Palm Beach, FL 33402
Attn.: Procurement Official
'\
. .
with a copy to:
to the Supplier:
Director of Public Utilities
Allied Universal Corp.
3901 NW 115 Ave.
Miami, FL 33178
Attn: Executive Administrator
20. Modification. There may be no modification of this Contract,. except in a writing
executed with the same formalities as this document.
21. AssiGnment Neither party shall assign this Contract, or any interest herein, or
delegate any of its duties hereunder.
22. Other Government AGencies. The Supplier agrees that this Contract
constitutes an offer to contract with other members of the Palm Beach County Co-op, including
the Cities of Boynton Beach, Delray Beach, Riviera Beach, South Central Regional Wastewater
Treatment Plant, the Villages of Tequesta, Wellington, Lake Worth and the Town of Lantana,
along with other government entities provided that the conditions and circumstances are the
same. This Contract in no way restricts or interferes with the right of any government entity or
the City to bid for the same or similar services.
23. GoverninG Lawl Jurisdiction I Enforcement
23.1 This Contract shall be construed and enforced according to the laws of the State
of Florida. The Uniform Commercial Code, as adopted by the State of Florida, shall supply
terms and conditions not specifically provided in the Contract.
23.2. The parties hereto agree that the state or federal courts located in the State of
Florida shall have the exclusive juriSdiction over the parties and the subject matter of any
litigation between the parties arising hereunder. For purposes of state court action, venue shall
lie in Palm Beach County, Florida, and for purposes of federal court action, venue shall lie in the
Southern District of Florida. The Supplier waives any claims of an inconvenient forum or venue.
23.3. The City is entitled to its attorneys' fees and costs in any legal action to enforce
the provisions of this Contract.
24. ControllinG Provisions. The term "Contract" shall include all the terms and
conditions set forth in the Invitation to Bid, the Bid and this Contract, all of which taken together
form the Contract. Unless the context requires otherwise, all references to Athis Contract@ and
use of the terms Aherein@, Ahereby@, Ahereof,@ Ahereto@, Ahereunder@ and the like shall be
deemed to include the Invitation to Bid, the Bid, this Contract and any addenda thereto. Except
as otherwise specifically provided herein, in the event of any conflict between the specific
provisions of this Contract and the requirements or provisions of the Invitation to Bid and/or Bid,
the provisions shall be given precedence in the following order: (1) this Contract; (2) the
Invitation to Bid and (3) the Bid. Wherever Possible, the provision or provisions of the
Liquid Chlorine I Allied Universal
032805
5
'. \ '
documents shall be construed in such manner as to avoid conflicts between provisions of the
various documents.
25. Entire Contract. This Contract, including the Invitation to Bid and the Bid, set
forth the entire understanding between the parties with respect to the subject matter hereof and
shall govern the respective duties and obligations of the parties, superseding any other written
or oral representations, statements, negotiations or Contracts to the contrary.
"\
IN WITNESS WHEREOF, the undersigned parties have executed this Contract as of the
day and year indicated below.
(CORPORATE SEAL)
ATTEST:
.~~JA~
City Clerk L
Lois J. Frankel, Mayor
Dated: .!3 (a I / ,2005.
(
181.05-02389
CITY ATTORNEY'S OFFICE
Approved as to form
and Jega sufficiency
By:
Date:
Supplier:
ALLIED UNIVERSAL CORP.
By: ~ -d:~
Print Nanre: .~~: ; .
Title: Executive Administrator
liquid Chlorine I Allied Universal
032805
6
..
~901 NW 115 Avenue
Miami, Florida 33:178
305-888-2623 o17ice
305-463-8369 fax
. .
/I
'I
AFFIDAVIT
II
This is to certify that as required, all Chlorine to be furnished to the City of West
Palm Beach will comply with all the AWWA B301 Standards, or as may be amended.
Subscribed and sworn to before me
this 2Sh day of March 2005
Notary Public of the State of Florida.
Ji1LUI1MdJY~
Notary Public
i'; 1\ TlIWMlI Houston
'~.iMyColMliMlonOO2222ea
'\; e; ",oJ ExpitM June 12. 2007
3901 NW 115 Avenue
Miami, Florida 331 78
305-888-2623
9501 Rangeline Road
Ft Pierce, Florida 34987
772-464-6195
30 Neil Gunn Drive
Ellisville, MS 39437
601-477.2550
5215 W. Tyson Avenue
Tampa, Florida 33611
813-832-4868
8350 NW 115 Avenue
Miami, Florida 33166
305-888-2623
204 SCM Road
Brunswick, GA 31525
912-267-9470
1405 Possum Hollow Roa(
Ranger, GA 30734
706-334-7377
2100 Port Road
West Memphis, AR 72301
870-732-3107
VI.-CONSENT AGENDA
ITEM 8.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
September 6, 2005 (Noon)
D October 5,2005
D October 18, 2005
D November 1, 2005
[gI November 15,2005
September 19,2005 (Noon)
D August 2, 2005
D August 16, 2005
D September 6, 2005
D September 20, 2005
July 18, 2005 (Noon.)
August 1,2005 (Noon)
October 3, 2005 (Noon)
August 15,2005 (Noon)
October 17, 2005 (Noon)
October 31, 2005 (Noon) ~, _"
'--'-'""
-....
,C)
"" C~.
.--
" 'i
NATURE OF
AGENDA ITEM
D Administrative
[gI Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
n"j.
~
:;:~
o
1..0
-;'1
"Ti c:o
-rq
(J"ho
1"""0
:::c
f'.)
RECOMMENDATION: Motion to approve the purchase of recap tires from Pride Enterprises on an "As Needed
Basis" with an annual expenditure of: $55,000.00.
EXPLANATION: Procurement Services received a request from Warehouse Division to use Pride Enterprises for the
purchase of recap tires for all Sanitation vehicles. The purpose of buying recap tires from Pride versus new tires is
that the City saves the cost of the new tire versus the recap. The new price is $296.00 compared to $73.00. Please see
attached supplemental report regarding history of recap tires.
PROGRAM IMPACT: The capability to purchase recap tires from Pride in order to maintain the Sanitation Vehicle
inventory.
FISCAL IMPACT: Warehouse Division will make purchases on an "As Needed Basis" from the inventory account.
Upon distribution of the tires it will be expensed to the Fleet division. Fleet Service has $55,000.00 allocated for recap
tires.
ACCOUNT DESCRIPTION:
WAREHOUSE INVENTORY
ACCOUNT#:
502-0000-141-01-00
AMOUNT:
$55,000.00
Procurement Services
Last Year's expenditure was: $54,000.00
/Xo1~ ~
Assista t to the Finance Director
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
C: Michael Dauta - Assistant Warehouse Manager
File
(<..T J.... (.(.' . .... . '. '.' " ...... \\
\. ....}- /i
DEPARTMENT OF PUBLIC WORKS
MEMORANDUM NO. 05-116
TO: Kurt Bressner, City Manager
THRU: Christine Roberts, Assistant Director Cf.-
Public Works
FROM: Tim Calhoun, Fleet AdministratoA
Public Works/Fleet Maintenancerr
DATE: November 7,2005
SUBJECT: Recap VS. New Tires
Fleet Maintenance has been using re-cap tires on vehicles as long as anyone can
remember (Mark Ladd has been with the City 24 years). In the year and a half I
have been here we have had two re-cap failures, both were caused by punctures.
When a tire new or recapped is low on air pressure or goes flat, the tire heats up,
this is typically the cause of a tire separating.
The Federal Motor Vehicle Safety Standard (FMVSS) No. 117 details the standards
by which retread pneumatic tire are built, Retread pneumatic tires, 49 CFR 571.117,
establishes performance, labeling, and certification requirements for retread
pneumatic tires. Among other things, the standard requires retread tires to comply
with the tubeless tire resistance to bead unseating and the tire strength
requirements of FMVSS No. 109. FMVSS No. 117 also specifies requirements for
the casings to be used for retreading, and certification and labeling requirements.
FMVSS No. 117 initially became effective in January 1972. (Source National
Highway Traffic Safety Administrative NHTSA web site).
Goodyear designs their truck tires to be re-capped 4 years and warranties the recap
process each time it is recapped by them. With this said we do not use recaps on
any of our Fire or Rescue vehicles, we also do not use recaps on the front of trucks
that drive on the highway to the land fill (Roll-off trucks). All of our slow moving
around town sanitation and dump trucks use recap tires with great success. Pride
warranties their re-caps against workmanship defects, this is done on a pro-rated
basis (based on wear).
We have never compared the wear rate between new vs. recap tires. The cost of a
recap is 33% of a new tire (11 R22.5 recap $71 vs. new tire $235).
J highly recommend that we continue using recap tires, not just because of the
favorable pricing, but it is also the right thing to do for the environment.
Cc: Jeffrey Livergood, PE Director Public Works Department
S:\pwlcorrespondence\2005 memos - interdepartmental & interoffice\05-116 bressner- recap tires doc
VI.-CONSENT AGENDA
ITEM 8.4. ~
CITY OF BOYNTON BEACH II-/-OS
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19,2005 (Noon)
D August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) [gI November 1, 2005 October 17, 2005 (Noon)
D September 20, 2005 September 6, 2005 (Noon) 0 November 15,2005 October 31, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
0 Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Motion to approve the purchase of recap tires from Pride Enterprises on an "As Needed
Basis" with an annual expenditure of: $55,000.00.
EXPLANATION: Procurement Services received a request from Warehouse Division to use Pride Enterprises for the
purchase of recap tires for all Sanitation vehicles. The purpose of buying recap tires from Pride versus new tires is
that the City saves the cost of the new tire versus the recap. The new price is $296.00 compared to $73.00.
PROGRAM IMPACT: The capability to purchase recap tires from Pride in order to maintain the Sanitation Vehicle
inventory.
FISCAL IMPACT: Warehouse Division will make purchases on an "As Needed Basis" from the inventoFy;acco~R1.
l!pon distribution of the tires it will be expensed to the Fleet division. Fleet Service has $55,000.00 allocate~or r~
breL ~~
C.":)
...:.)
ACCOUNT DESCRIPTION:
WAREHOUSE INVENTORY
ACCOUNT#:
502-0000-141-01-00
AMOUNT:
$55,000.00
:r~
>J~~
Procurement Services
co
f'-)
C)
-'-):-~
'I
....."w
~r:l
CJ");>
r'lc-,
:I:
Last Year's expenditure was: $54,000.00
~~
A sistant to the Finance Director
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
C: Michael Dauta - Assistant Warehouse Manager
File
-.
.,'
Pride Tires
. This is for the purchase of recap tires for all Sanitation vehicles. The purpose
of buying recap tires from Pride versus new tires is that the city saves the
cost of the new tire versus the recap. The new tire price is $296.00 versus
recap $73.00. Last year's expenditures were $54,000. This year's estimated
expenditures are $55,000.
cc. Bill Mummert, Director of Finance
09/29/2005 8:07 AM
.,
.
The City of
Boynton Beach
Finance Department
WAREHOUSE DIVISION
RECEIVED
oel 0 6 2005
~RV'CES
PROCU
-
-
DATE:
Mary Munro, Assistant to the Director of Finance
Dominic DeManro, Warehonse Manager r1fJ
September 29, 2005
TO:
FROM:
SUBJECT:
Please go to commission for the following blanket purchase orders for fiscal
year 2005/2006.
Data Flow Systems
This is for the purchase ofTAC II Telemetry RTU equipment and
accessories. This is electrical equipment used to operate all of the city's lift
stations. Data Flow Systems is the sole provider. (See Sole Source letter
attached). Last year's expenditures were $54,000. This year's estimated
expenditures are $55,000.
Easy Pay Tires
This is for the purchase of new tires for all city vehicles. Purchasing is
provided under Florida State Contract # 863-000-03-1. Last year's
expenditures were $100,000. This year's estimated expenditures are
$100,000.
09/29/2005 8:07 AM
VI.-CONSENT AGENDA
CITY OF BOYNTON BEACH ITEM C.l.
AGENDA ITEM REQUEST FOR1\-.
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date final Form Must be Tumed
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon)
D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17, 2005 (Noon)
D September 20,2005 September 6,2005 (Noon) October 31, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDA TION: Motion to amend Resolution R5-1 04 to correctly reflect the current agreement between the City of
Boynton Beach and Boynton JCP Associates, LTD. providing for the City to continue leasing space at the Boynton Beach
Mall for "City Hall in the Mall" and providing an effective date.
EXPLANATION: The agreement, which was signed by the City Manager and ratified by the Commission on June 21,2005,
permits the Boynton JCP Associates, LTD to host up to twelve (12) special events in their southeast and southwest parking
lots. However, mistakenly, the resolution noted that it was only for six (6) events. The Resolution should have allowed for
twelve (12) events per year.
PROGRAM IMPACT: The City of Boynton Beach considers allowing twelve (12) special events at the Boynton Beach
Mall per year an equitable exchange for the rent-free usage of the "City Hall in the Mall" location and has agreed to this
number from the previously allowed six (6) events per year.
FISCAL IMP ACT: Leasing costs for a "satellite office" at the Boynton Beach Mall are cost prohibitive for the City. The
Special Event Permit fees, generally $100 per event, are waived under this agreement.
ALTERNATIVES: Do not correct th
~
City Manager's Signature
Recreation and Parks
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2 RESOLUTION NO. R05-
3
4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, AMENDING RESOLUTION NO.
6 R05-104, TO CORRECTLY REFLECT THE NUMBER
7 OF SPECIAL EVENTS AS TWELVE (12) IN THE
8 CURRENT AGREEMENT BETWEEN THE CITY OF
9 BOYNTON BEACH AND BOYNTON JCP
1 0 ASSOCIATES, L TD; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13
14 WHEREAS, the City Commission approved Resolution No. R05-104, authorizing
15 the City of Boynton Beach to enter into an Agreement with Boynton JCP Associates, LTD.,
16 to continue to lease space at the Boynton Beach Mall for the "City Hall at the Mall"; and
17 WHEREAS, the Agreement permits the Boynton JCP Associates, LTD to host up to
18 twelve (12) special events in their southeast and southwest parking lots, however a
19 scriveners error in Resolution R05-1 04 noted that it was only six (6) special events; and
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
22
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
23 being true and correct and are hereby made a specific part of this Resolution upon adoption
24 hereof.
25
Section 2.
The City Commission of the City of Boynton Beach, Florida does
26 hereby authorize and direct the correction of Resolution R05-104 to correctly reflect that
27 Boynton JCP Associates, LTD., is allowed to host up to twelve (12) special events in their
28 southeast and southwest parking lots, pursuant to the Agreement.
29
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreemenls\Amending R05-104 - ch@THEMALL.doc
1
PASSED AND ADOPTED this _ day of November, 2005.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 ATTEST:
20
21
22
23 City Clerk
24
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Amending R05-104 - ch@THEMALL.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.12.
Requested City Commission Date Final FornI Must be Turned
Meeting Datcs in to City Clerk's Office
D April 5, 2005 March 14, 2005 (Noon.) D
D April 19,2005 April 4, 2005 (Noon) [gI
0 May 3, 2005 April] 8,2005 (Noon) D
D May 17,2005 May 2, 2005 (Noon) D
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
June 7. 2005 May 16,2005 (Noon)
June 2 I. 2005 June 6, 2005 (Noon)
July 5, 2005 June 20, 2005 (Noon)
c-;
July 19,2005
July 5, 2005 (Noon)
,---.:
(-;-,
:-:? -"f
-'.--i-(
(-
--',.....1~1
"""-
.-'j 'I
NA TURE OF
AGENDA ITEM
Consent Agenda
Public Hearing
Bids
I
i'0
(-.IJ
; ~-_.)
v
,'~
N
EXPLANATION: The current lease agreement expires on May 31, 2005. As part of the current agreement, the
City Commission approved a multi-year special event permit for up to six (6) events per year at no charge to the
Boynton Beach Mall in exchange for continual rent-free usage of the City Hall in the Mall office for a five-year
rm. These events may involve the use of their southeast/southwest parking lots for recreational vehicle,
automobile, boat, holiday tree sales and shows. The mall is requesting to increase the number of events to twelve
(12) per year. Each event will still have to be reviewed and approved as part of the special event permitting process.
As a potential future option, staff is analyzing the feasibility of merging the City Hall in the Mall office operations
with the lobby operations of the Chamber of Commerce. This arrangement would be based on pricing, location, and
compatibility of services offered.
PROGRAM IMPACT:
· The Boynton Beach Mall will be authorized to conduct up to twelve (12) special events, such as car, boat and/or
RV, holiday tree sales and shows annually. Each event will still have to be reviewed and approved as part of the
special event permitting process.
· The City will be guaranteed free usage of the City Hall in the Mall office for five years from June I, 2005,
through May 3 1,2010.
FISCAL IMPACT: Considering the annual rental rate of the space being used for the City Hall in the Mall office is
$70,000, the City is receiving a $350,000 value.
ALTERNATIVES:
Mall operatio .
e space, or eliminate the City Hall in the
City Manager's Signature
Recreation & Parks
Department Name
City Attorney I Finance I Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
27
28
29
30
31
]
2
3
4
5
6
7
8
9
]0
11
12
13
14
15
16
17
18
19
20
RESOLUTION R05- '0'-/
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MA YOR
AND CITY CLERK TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND BOYNTON JCP ASSOCIATES, LTD.
PROVIDING FOR THE CITY TO CONTINUE
LEASING THE SPACE AT THE BOYNTON BEACH
MALL FOR "CITY HALL IN THE MALL"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the current lease agreement between the City and Boynton JCP
Associates, LTD., providing space for "City Hall in the Mall" expires May 31, 2005.
WHEREAS, the City of Boynton Beach has successfully operated "City Hall
in the Mall" at the Boynton Beach Mall, bringing local government services to mall
patrons, enhancing connnunity relations, and providing other useful services to the
connnunity; and
WHEREAS, as part of the agreement, the City. Connnission approved a
multi-year Special Event Permit for up to six (6) events per year at no charge to
Boynton Beach Mall in exchange for continued rent-free usage of the "City Hall in
the Mall" location for a five (5) year period beginning June 1, 2005 and expiring on
May 31,2010.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY
21
22
23
24
25
26
33
32 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof
36
Section 2.
The City Commission of the City of Boynton Beach, Florida
does hereby authorize and direct the Mayor and City Clerk to execute the lease
2 agreement between the City of Boynton Beach and the Boynton JCP Associations,
3 LTD., providing the space for a "satellite office" at the Boynton Beach Mall, a copy
4 of said lease being attached hereto as Exhibit "A".
S Section 3. This Resolution will become effective immediately upon
6 passage.
7 PASSED AND ADOPTED this ~I day of June, 2005.
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
BEACH, FLORIDA
--...
lease 050200.do:
2
APPLICATION FOR PERMIT TO USE
(:;OMMON AREA
Form 138 (Rev. 9-OI)
I Shopping Center
Boynton Beach Mall
Instructions: Please TYPE or PRINT all information.
Name of Individual/ Organization
Cit Hall in the Mall
Street Address
Describe the nature of the activity
Information and dis fa re ardin the Cit of Bo nton Beach
satellite customer service center in room 111 at Boynton Beach Mall.
Staffed by volunteers and City workers
to rovide a variet of services for the Cit and Palm Beach
County. City of Boynton Beach agrees to allow
Boynton Beach Mall the use of their southeast/southwest
parking lots for recreational vehicle, automobile, boat,
holida tree sales and shows 12 times er ear.
KOS-lot
100 East 80 nton Beach Boulevard
City, State, Zip
Boynton Beach, Florida 33425
Telephone No.
561- 742-6236
DATE REQUESTED TIME REQUESTED NAME OF PERSON WHO WOULD BE IN CHARGE
From: DA.M. To: DA.M. Virginia Shea
6/1/05 Dp.M. Dp.M.
From: DAM. To: DAM.
Dp.M. Dp.M.
From: DA.M. To: DAM.
5/31/10 Dp.M. Dp.M.
If use of special decorations, siqns, displays, or devices is requested, explain
, .
(Please read carefully)
Applicant agrees that if a Permit is issued pursuant to this Application, Applicant will defend, indemnify and hold Management, the Owner, each
tenant of the Shopping Center, and the Merchants' Association or f;l.romotional Fund harmless from and against any and all claims for personal
injuries, death, damages, costs, and/or other expenses, including reasonable attorney's fees, arising from or in any way connected with the use of
the Common Area of the Shopping Center or any part or facility thereof by the Applicant or his agents, members, partners, associates, contractors,
servants and employees, and the undersigned does hereby release, discharge and acquit the Owners of the real estate, their lessees, the Mall
Management Company (and all their shareholders, directors, employees, customers. and invitees), Mall Tenants (and their owners, officers,
directors, employees, customers and invitees) and the Mall Merchants' Association or Promotional Fund from any and all claims, q/:lmands, and
actions for any loss, cost, expense, damage or injury either to the person or property of the Applicant and each member of the Applicant sustained
by reason of any condition of said Common Area or the Mall Shopping Center, or due to any act of any employee or agent of the Merchants'
Association or Promotional Fund, the Mall Tenants the fee Owner, its lessee, the Management Company or the aet of any other person or entity
whatsoever, all of which claims are hereb waived b A Iieant for itself and each of its members.
ACKNOWLEDGEMENT
(Please read carefully)
The undersigned hereby represents that he/she is the Applicant or an officer or other authorized agent of the Applicant named herein and that
he/she is 21 years of age or over. The undersigned further acknowledges he/she has read and is familiar with the Rules and Regulations
Goveming Use of the Common Area of the Shopping Center (see reverse side) and recognizes and agrees by his/her signature hereto that the
making of this Application, the issuance of any Permit based on this Application and the use authorized by such Permit are expressly conditional
upon Applicant's acceptance and continuing observation of said Aules and Regulations.
Name of person completing application
JerryTaylor
Title (if any)
City Mayor CITY MANAGER
Street Address (if different that above)
City, State, Zip
u
Date
Phone No.
.
. .
Authorized Signature
Date
The Individual/Organization named above has permission to use the
designated portion of the Common Area during the above stated hours
date(s), subject to the Mall policies and to the Aules and Regulations
stated on the reverse side hereof.
D Please locate the exhibit, display, or equipment in the Mall Cornman
Area as indicated on the attached map of the Mall.
For:
KURT BRESSNER
BOYNTON BEACH, FL
~(\.\~
RULES AND REGULATIONS GOVERNING THE USE OF SHOPPING CENTER COMMON AREA
A. The Management Company of the Shopping Center is pleased to permit non-commercial, promotional and community service activi(ies to be
conducted within the enclosed pedestrian arcade or on the parking lots of the Shopping Center (hereinafter called "Common Area") by interested
persons and organizations approved by Management in its sole discretion (hereinafter called "Users"). To accommodate such Users in a manner and
to an extent consonant with the primary purposes of the Shopping Center, the Management adopted the rules and regulations contained herein in
order to facilitate such use of the "Common Area:
8. The commercial activity of the Shopping Center and Mall, tenants, their owners. officers, directors, employees, customers and invitees are the
primary activities of the Shopping Center. All other Users cannot conduct any other activity within the Shopping Center without having first obtained a
permit for such activity from the Management. Such permit shall be granted only for use of that area designated as "Common Area."
C. A User may apply for a permit to use the "Common Area" within the Shopping Center at the Mall office of the Marketing Director during the hours of
9:00 a.m. to 4:00 p.m., Monday through Friday. Application shall be in the form set forth by the Management and subject to these rules and
regulations and should be made no later than 30 days prior to the day requested by the User for use of the "Common Area".
D. In making a determination as to whether a permit to use the "Common Area" within the Shopping Center shall be issued, Management shall evaluate
the following: The nature of the activity; the dates, times and duration of the activity; the risk of injury to any person or properties; the risk of
unreasonable interterence with the aforementioned commercial activities of Shopping Center tenants and their owners, officers, directors, employees,
customers and invitees. Management will consider applications on first-come, first-served basis.
E. Each User shall agree to comply with the following conditions and rules:
1. The activity shall be confined to a specific use of the "Common Area" as set forth in detail on the Application and will be limited to date and times
specified on such Application and confined to the "Common Area" as determined by Management.
2. Users shall at all times during its use of the "Common Area" provide sufficient supervision and maintain adequate control of its members, guests
or invitees. Management, in its sole discretion, shall determine if any User is not neatly dressed. Any User violating this paragraph shall be
asked to leave the Shopping Center immediately.
3. In the event there are any licenses or permits required by any govemmental agency or authority with respect to the type of activity carried on,
Users shall be responsible for obtaining such licenses, authorization or permits. No unlawful activities shall be permitted in the use of the
"Common Area" including but not limited to the use of alcoholic beverages or gambling.
4. All Users using the "Common Area" assume liability for and shall indemnify and hold harmless the owners of the real estate, their lessees, the
Management Company (and all their shareholders, directors, employees, customers and invitees), Shopping Center tenants (and their owners,
officers, directors, employees, customers and invitees) and the Merchants' Association or Promotional Fund against and from any and all
liabilities, obligations, losses, penalties, claims, action suits, damages, expenses, disbursements (including legal fees and expenses), or costs of
any kind and nature whatsoever in any way relating to or arising out of any activity of the Users (including without limitation the activities of the
User's members, officers, directors, employees, agents, contractors, servants within the Shopping Center). The Shopping Center tenants, the
Merchants' Association or Promotional Fund, fee owner, its lessee, or the Management Company shall not be liable to any User using the
"Common Area" or any other person on or about the enclosed Mall, the adjoining g~ounds and parking lot, by the User's consent, invitation or
license, express or implied, for any loss, expense or damage, either to the person or property sustained by reason of any condition of said
"Common Area" or the Shopping Center, or due to any act of any employee or agent of the Association or the Promotional Fund, the Shopping
Center tenants, the fee owner, its lessees, the Management Company or the act of any other person whatsoever.
5. If the application is for any activity which may reasonably be expected to cause public disorder or injury to any person or property or to require
substantial cleaning, repairs, or restoration in order to return any area of the Shopping Center to the condition existing immediately prior to the
commencement of the activity, the Management may, as a condition to granting a permit, require security for the performance of the Applicant's
obligation as licensee under such permit and these rules and regulations. Slich security shall be in a form satisfactory to the Management and
may be a cash deposit, a bond, insurance policy, or other adequate assurance of the applicant's performance. Where such determination is
made and insurance is required, such insurance shall be in the minimum of a commercial general liability policy having limit of $2,000,000.00 per
occurrence with a $2,000,000.00 aggregate, naming Landlord, Property Manager, and Simon Property Group, Inc. as additional insured.
6. Unless othelWise permitted by Management the User shall not vend Of peddle, or solicit orders for sale or distribution of merchandise, devices,
services, periodicals, books, pamphlets, tickets or other material whatsoever. User shall not exhibit any sign, plaque or banner, notice or any
other written material in or around the Shopping Center without prior written approval by Management.
7. The User shall not use any vehicle, motor, camera, lighting device or projector on the "Common Area" without prior approval of Management.
The User shall not engage in any fighting or direct use of any physical force, abusive or obscene language or threats toward any other person or
engage in any other form of unreasonable behavior such as the making of unreasonable noise or coarse or offensive utterance, gesture or display
which causes or is likely to cause significant public inconvenience, annoyance or alarm. In addition, the User shall not permit the emission of
noise or odors or use any device or paraphernalia, which may constitute a nuisance such as loudspeakers, sound amplifiers, radios, televisions or
phonographs without prior written approval by Management. If use of vehicles is approved, evidence of auto liability in the amount of
$1,000,000.00 combined single limit must be provided.
8. Any interested person or organization using the "Common Area" shall not engage in any conduct which might intertere with or impede the use of
any other facilities of the Shopping Center by any customer, business invitee or employee, employer, or tenant or create a disturbance, aUract
attention or harass, annoy, disparage or be detrimental to any of the retail establishments of the Shopping Center. Management, in its sole
discretion, shall determine whether such objectionable conduct has occurred.
9. The "Common Area" shall be surrendered in the same condition as it was upon commencement of its use. All expenses incurred to maintain
order and to keep the "Common Area" free from rubbish will be borne by the User.
10. If the Management shall deem the use of the "Common Area" objectionable, at its sole discretion, it may, without any notice whatsoever,
terminate the rights of the User to use the "Common Area." All such persons shall immediately remove themselves from the Shopping Center,
the enclosed pedestrian arcade, and the adjoining grounds and parking lots.
11. All users of the "Common Area" shall, prior to occupying the "Area" for use, notify the Marketing Director or the Manager of the Shopping Center
at least 30 minutes before such use.
12. The User shall not obstruct the free flow of pedestrian or vehicular traffic on walkways, sidewalks, stailWays, escalators, roads, driveways, parking
lots or any other area regularly used for such traffic within the Shopping Center.
13. Notwithstanding anything herein to the contrary, management may in its sole discretion permit or not permit any person or organization to use the
common area or require a User to leave the common area or forcibly remove a person and/or other material, all without any liability whatsoever
for any damages, claims, losses, actions, suits arising from such removal.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.2.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon)
D August 16, 2005 August 1,2005 (Noon) D October 18, 2005 October 3,2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17,2005 (Noon)
D September 20, 2005 September 6, 2005 (Noon) October 31, 2005 (Noon)
NATURE OF
AGENDA ITEM
D
[gI
D
D
D
D
Administrative D Development Plans
Consent Agenda D New Business C)
Public Hearing D Legal (~)
-,
Bids D Unfmished Business 1',)
0
Announcement D Presentation -0
"'; --I
~<
.'1
) -~~~~:
'---,'
~:.{::
q
"'lCD
---f'l
(,..) CJ"'r-.,.
..r;"' P.l........
RECOMMENDATION: Approval of the Traffic Enforcement Agreement between the City of Boynton ()
Beach and the Nautica Horne Owners' Association
City Manager's Report
_.4...
EXPLANATION: The agreement facilitates the enforcement of traffic infractions within the Nautica community
and on those private roadways located therein. The agreement does not create a specific duty to engage in traffic
enforcement activities.
PROGRAM IMP ACT: This agreement will not adversely effect departmental operations,
FISCAL IMPACT:
None.
ALTERNATIVES: None.
~~
rtment Head's Signature
hew Immler, Chief of Police
JlaC' ~M 'S'
Ity anager signature
Kurt Bressner
Department Name
City Attorney / Finance / Human Resources
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1
2
3
4 RESOLUTION ROS-
5
6
7 A RESOLUTION OF THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA,
9 AUTHORIZING AND DIRECTING THE MAYOR
10 AND CITY CLERK TO EXECUTE AN AGREEMENT
11 FOR TRAFFIC ENFORCEMENT BETWEEN THE
12 CITY OF BOYNTON BEACH, FLORIDA AND
13 NAUTICA HOMEOWNER'S ASSOCIATION, INC.;
14 AND PROVIDING AN EFFECTIVE DATE.
15
16 WHEREAS, Nautica Homeowner's Association, Inc., (hereinafter referred to as
17 "Association") owns or controls certain private roads lying and being in the City of Boynton
18 Beach, Florida; and
19 WHEREAS, Association does not have the power to enact or enforce traffic laws
20 within the Association, nor can it hire others with police power to do so; and
21 WHEREAS, pursuant to Chapter 316,006(b), Florida Statutes, the Association hereby
22 grants to the City of Boynton Beach, municipal traffic control jurisdiction over all those
23 certain private roads in said Association.
24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
26
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof
29
Section 2.
The City Commission of the City of Boynton Beach, Florida does
30 hereby authorize and direct the Mayor and City Clerk to execute the Agreement for Traffic
31 Enforcement between the City of Boynton Beach, Florida and Nautica Homeowner's
Association, Inc., attached hereto as Exhibit "A".
2
Section 3.
This Resolution will become effective immediately upon
3 passage.
4 PASSED AND ADOPTED this _ day of November, 2005.
5
6
7 CITY OF BOYNTON BEACH, FLORIDA
8
9
] 0 Mayor
]]
]2
13 Vice Mayor
]4
]5
] 6 Commissioner
]7
]8
] 9 Commissioner
20
2]
22 Commissioner
23 ATTEST:
24
25 City Clerk
26
27 (Corporate Seal)
28
29
30
3]
2
CITY OF BOYNTON BEACH
MEMORANDUM
TO:
G. Matthew Immler, Chief of Police
Lynn Swanson, Legal Assistant i,ffrr.S
I)
!~
October 18, 2005
FROM:
DATE:
RE:
Nautica Homeowner's Association
Attached please find an original Traffic Enforcement Agreement from Nautica. This item
can now be placed on the next available City Commission Agenda.
Should you require additional information, please do not hesitate to contact me,
S:\CA\MEMORANDUM\Immler (Nautica TEA).doc
AGREEMENT
THIS AGREEMENT is entered into, this _ day of August, 2005, by and between:
CITY OF BOYNTON BEACH, FLORIDA, a municipal
corporation organized and existing under the laws of the State of
Florida, with a business address of 100 East Boynton Beach,
Florida 33425, hereinafter referred to "CITY,"
and
NAUTICA HOMEOWNER'S ASSOCIATION, INC., a
condominium aStOCiaiion of.he uI;;Ve!oplllt;nt known as Nauti(;a
("Development"), having a business address of 18000 N autica
Boulevard Boynton Beach, FL 33436, hereinafter called
"ASSOCIATION. "
WHEREAS, CITY recognizes that it has full power and jurisdiction to patrol on private
property to enforce all of the laws of the nation, state, county and city, duly enacted, excluding
those of traffic control and enforcement; and
WHEREAS, ASSOCIATION specifically recognizes the above; and
WHEREAS, ASSOCIATION wishes to grant CITY the authority to exercise jurisdiction
for traffic regulation purposes over any private or limited access road or roads of specified
private segments of the ASSOCIATION, pursuant to 9316.006(b) Florida Statutes;
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants and
undertakings of the parties hereto, and other good and valuable considerations, the parties hereto
covenant and agree, each with the other as follows:
1.0 Ratification. The foregoing preamble is hereby ratified and confirmed as true
and correct and incorporated herein.
2.0 Recognition of Jurisdiction. The ASSOCIATION hereby recognizes the
jurisdiction of CITY over any private or limited access road or roads within the property
indicated on the map attached hereto as Exhibit "A," for traffic control purposes.
3,0 The ASSOCIATION shall provide CITY with a Resolution of the
ASSOCIATION attached as Exhibit "B", evidencing the ASSOCIATION's desire for CITY's
services hereunder and authorizing the ASSOCIATION to enter into this Agreement.
4.0 Exercise of Jurisdiction. The CITY hereby agrees to exercise jurisdiction for
Traffic Enforcement -- Sandalwood
Rev. 08/09/05
traffic control purposes over any private or limited access road or roads within the property
within the Development listed on attached Exhibit "A."
4. 1. The City of Boynton Beach Police Department agrees to provide a minimum
base level of traffic enforcement service on all those certain private roads in the Development
identified in Exhibit "A."
4.2.The level of service provided the CITY shall be determined solely by the
Boynton Beach Chief of Police and shall be based upon the availability of police personnel.
4.3,The Police Department shall choose the hours and days of operation, but
these choices shall be based upon information from ASSOCIATION and the observations of the
Boynton Beach Police Department and Public Works Department.
5.0 Signs :'lnd Markings. In order to permit CITY to perform pursuant to the terms
of this Agreement, and to ensure appropriate jurisdictional and enforcement authority:
5.1. All traffic control devices on and along the private or limited access roads
within the Development identified in Exhibit" A" must conform to the requirements contained
in the United States Department of Transportation Manual on Uniform Traffic Control Devices
for Streets and Highways (the "MUTCD") and CITY Engineering Standards. The determination
as to whether signs or other traffic control devices meet the installation requirements and/or
conform to the MUTCD and CITY Engineering Standards, shall be made solely by CITY. The
CITY may conduct any necessary traffic engineering studies to determine appropriate regulatory
traffic control within the ASSOCIATION.
5.2 In the event ASSOCIATION has installed traffic calming devices that do
not conform with existing CITY and MUTCD standards, on or along the private or limited
access roads within the Development identified in Exhibit "A," such as speed humps and/or
speed bumps, ASSOCIATION shall, at its sole expense, cause such devices to be removed
within thirty (30) days of execution of this Agreement if CITY so requests or a traffic
engineering study determines that the existing traffic calming devices are not warranted.
Further, ASSOCIATION shall not install any traffic calming devices on or along its private or
limited access roads during the term of this Agreement without the express written consent ofthe
City of Boynton Beach Public 'Works Department.
5,3 ASSOCIATION shall purchase and install all signs, signage, posts,
pavement markings, and other necessary traffic control, as prescribed by the CITY, as necessary
for traffic control purposes. Should CITY determine that traffic-calming measures are
appropriate, ASSOCIATION shall incur all costs of designing and installing such measures.
ASSOCIATION shall be responsible for maintenance of any traffic control devices and traffic
calming measures necessary or desirable for the enforcement oftraffic laws.
6.0 Insurance. The ASSOCIATION agrees to maintain insurance under its general
liability policy for all actions arising out of or in any way connected to this Agreement under
minimum policy limits of $1,000,000, Proof of insurance shall be provided to the City Risk
Manager upon execution of this Agreement.
Traffic Enforcement -- Sandalwood
Rev. 08/09/05
7.0 Gated Entrances. In the event access to any portion of the ASSOCIATION's
private or limited access roads is through a gate, ASSOCIATION shall take steps to ensure
access by means other than gate codes, such as siren activated gates, Knox Box, or by bar-coding
of vehicles, so as to permit uninhibited access by authorized police vehicles and prevent any
delay in access to ASSOCIATION property, ASSOCIATION shall provide gate access codes to
the Public Works Department for purposes of conducting traffic engineering analyses.
8.0 Term. The term of this Agreement shall be five (5) years, effective on the date of
execution, provided that either party may terminate this Agreement without penalty upon sixty
(60) days notice by notifying the opposite party in writing of its intention to do same.
9.0 General Law Enforcement Jurisdiction. ASSOCIATION recognizes the
authority of CITY to patrol on private property, including ASSOCIATION's property, to enforce
all laws of the nation, state, county and city other than for traffic control purposes, and same is
dOlle b,y BOj'ntoi1 "f3e~;.ch Police D~rUi~meDt and ,~ther :~ppropriate 1,p.'K1 en.forcenJen". agencies
pursuant to law, and not through this or any other Agreement.
10.0 Notices. All notices which shall or may be given pursuant to this Agreement
shall be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service;
or (c) by facsimile or emai1 transmission, if a hard copy of the same is followed by delivery
through the U.S. mail or by overnight delivery service as just described, addressed as follows:
To CITY: Kurt Bressner, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425
Telephone No. (561) 742-6010
Facsimile No. (561) 742-6011
with a copy to: Chief of Police
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Telephone No. (561) 742-6100
Facsimile No. (561) 742-6185
To ASSOCIA nON: John Lynch
Attn: President
NAUTICA Homeowner's Association, Inc.
8000 Nautica Boulevard
Boynton Beach, FL 33436
Telephone No. (561) 912-6213
Facsimile No. (561) 912-6901
Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after
deposit in the mail, or the next business day in the case of facsimile, emai1, or overnight delivery.
Either party may from time to time designate any other address for this purpose by written notice
to the other party delivered in the manner set forth above.
Traffic Enforcement - Sandalwood
Rev. 08/09/05
11,0 Severability, If any provision of this Agreement or application thereof to any
person or situation shall to any extent, be held invalid or unenforceable, the remainder of this
Agreement, and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable shall not be affected thereby, and shall
continue in full force and effect, and be enforced to the fullest extent permitted by law,
12.0 Modification of Agreement. This Agreement may be modified upon mutual
consent of the parties only in writing, and executed with the same dignity herewith.
13.0 Legal Representation. It is acknowledged that each party to this Agreement had
the opportunity to be represented by counsel in the preparation of this Agreement and,
accordingly, the rule that a contract shall be interpreted strictly against the party preparing same
shall not apply due to the joint contribution of both parties.
14.0 Bindin~~ Authority Each person signing this Agreement on behalf of either
party individually walTants that he or she has full legal power to execute this Agreement on
behalf of the party for whom he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Agreement.
15.0 Governing Law. This Agreement shall be governed by the laws of the State of
Florida. with venue lying in Palm Beach County, Florida.
16.0 Additional Terms upon Modification or New Agreement. Nothing herein shall
preclude the parties from modifying this Agreement during the term of such, or, upon completion
of the term, entering into another Agreement, to provide for additional or revised terms.
IN WITNESS WHEREOF, CITY and ASSOCIA nON have executed this Agreement
by their duly authorized officers, this _ day of , 2005.
CITY OF BOYNTON BEACH
BY:
ATTEST:
MAYOR
BY:
CITY CLERK.
APPROVED AS TO FORM:
BY:
OFFICE OF THE CITY ATTORNEY
Traffic Enforcement - Sandalwood
Rev. 08/09/05
NAUTICA
HOMEOWNER'S ASSOCIATION, INC.
BY. rL-t- or. ~
~T
PRINT NAME: :J DI4W L. L y ^' C 1/
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments,
personallyappearedJo),1J LY'/voh. as President of NAUTICA HOMEOWNER'S
ASSOCIATION, INC., on behalf of and duly authorized to execute the same, and acknowledged
he executed the foregoing Agreement for the use and purposes mentioned in it, and who is
personally known to me or has produced as identification.
IN WITNESS OF THE FOREGOING, I have ~t
the State and County aforesaid on this ri day of a c,) .
and official seal at in
TARY PUBLIC
Y Commission Expires:
#I' "I4t. Jerome H. Schmitt
t~~ My CommiISion 00291357
'\'1;.'/ Expires March 07 2001
Traffic Enforcement - Sandalwood
Rev. 08/09/05
Traffic Enforcement- Sandalwood
Rev. 08/09/05
EXHIBIT "B"
ASSOCIATION'S AUTHORIZATION TO
ENTER INTO THIS AGREEMENT
Nautica HOA Monthly Board Meeting
Tuesday September 20, 2005 7:30 PM
Nautica has a new community website.
www.NauticaNews.com.
There are many great features and new ideas will be added. Check the site frequently for updates.
1. Jack Lynch calls the meeting to order
2. First order of business - Read the minutes from the August 2005 meeting
A. A motion was made to postpone the reading of the minutes as they are posted on the bulletin boards
at the clubhouse. Motion seconded.
B. Fred Roselman is very sick and the attorneys have agreed that we can temporarily replace Fred until
he is well enough to resume his position.
1. Joe Franz has been temporarily appointed to Fred's position.
3. Second order of business - Open Forum Questions From Homeowners
Q. A homeowner was very upset because his son parks his car in the clubhouse parking lot and it has
been towed three times.
A. The clubhouse parking is for guests only. It is not to be used as a permanent parking place.
Q. A homeowner is putting a pool in his backyard and wants to move a few trees.
A. The trees can be removed but they must be replaced.
Q. Is there anything that can be done to make people take better care of their homes?
A. Notices will be sent out and it will also be addressed in next month's newsletter.
Q. People put up their hurricane panels and have left them up all summer.
A. The panels must be removed and stored after a storm passes.
Q. The property manager should be taking digital pictures of violations.
A. The property manager claims it's not his responsibility to take pictures. The HOA board disagrees.
Q. Where can satellite dishes be located on the roof of the house?
A. They can be located anywhere on the roof ofthe house.
4. Third order of business is the report from Phoenix Management - Jerry Schmitt
A. The clubhouse roof and pool furniture has been cleaned.
B. The sidewalk on the east side ofNautica Blvd. has been cleaned. Approx. 3000 ft.
B. The swails on the streets and the sidewalks are pretty dirty and need to be pressure cleaned.
C. There has been extensive planting and tree work done.
D. People are careless with putting away garbage cans and cleaning their driveways.
E. There are too many cars parked overnight in the clubhouse parking lot. This is not a permanent
parking space. Moving vans and/or trailers are allowed for people moving in and out of the
community.
F. Palm Beach Auto Disposal has been hired. Their phone number is 561-641-9999. If a car is in
the lot and it doesn't have a decal or guest pass it will be towed.
5. The Treasurer's Report
The report is too long to list here. Homeowners with questions should contact a board member.
6. The Delinquency Report
Last month we had 3 homeowners in legal proceedings. This month there are 2 people in legal. They
owe $1311. Last month 6 people went to legal. This month 4 more homeowners are going into legal.
They owe $1700.09. There are 26 people who owe various fees and/or fines. DO NOT LET THIS
HAPPEN TO YOU. PAY YOUR OBLIGATIONS ON TIME! Total homeowner debt is $6,859.27.
Many people probably overlooked the July maintenance payment. Last month the total debt was
$11,381. Two months ago the debt was $20,416.62.
7. The President's Report
A. A tragedy happened in our community. Baby Anthony has passed away from a rare form of cancer.
Many people have donated their time and money to help out the family. Weare having a raffle for a
27" TV to help the family offset their medical bills.
B. A couple of cars have been broken into recently. Please make sure your cars are locked, Jack met
with the new chief of police to help us solve these problems. We are a private community but we need
regular police patrols. People are also not paying attention the speed limit and stop signs in the
community. The police are allowed to ticket for violations.
C. The lady who settled the fines for not picking up after her dog has decided not to pay under the
agreement. It is now in the hands of the attorneys.
D. Homeowners must fill out an ACC application before doing ANY WORK on the exterior of their
home. Before a home is painted is must be approved by the ACC.
E. Homeowners please remember to inform the board of your intention to sell your home. This rule
has been in effect since September 1,2004. Failure to do so will result in a $100 fine.
F. We still have a problem with speeders and people who run the stop signs. SLOW DOWN!!!
8. Fourth order of business - Reports from Committee Chairpersons
A. ACC Committee - Many homeowners applied to paint their homes and put up storm shutters. The
lady who wants to put in the pool has her city permits but never got ACC approval. Homeowners take
note: Have your applications ready when going to the meeting and you will be better prepared to get
approval. Painting your house a different color than approved is a violation of ACC rules and
regulations. A homeowner can't use their own discretion when painting their home. The colors
have to be approved! A motion was made to institute a $100 fine for non-compliant homeowners and
force them to repaint their home within 60 days. The motion passed unanimously.
B. Social Committee - Five rentals this month for $250. Newsletter ads totaled $84 for a total of
$334. Please keep in mind tables and chairs can be rented for $.50 per chair and $3 per table for
parties. Animal waste should not be put in the garbage cans inside or near the clubhouse. The
committee purchased a new big screen TV. There will be another movie night for children 11-15.
Movie turnout has been very good. Barbecue grills are not allowed outside the clubhouse. It is a safety
and fire hazard to have grills close to the building.
C. Welcoming and Screening Committee - No new welcome meetings this past month. If a new
homeowner does not get keys or documents they must talk to Phoenix Management. When a
homeowner buys a home they receive a packet of information. Some extra copies of the newsletter are
needed for when new homeowners move into the community. New homeowners will receive a special
packet of new fines and things the board has approved in the last year.
D. Landscaping Committee - Flowers have been planted in the front of the community. Onofre
realizes he has to replace some trees. Landpro has been working on the sprinklers. Weare still waiting
for the sod to be planted on the Lawrence Road lakes. The timer on the sprinkler system was off but
has been fixed. The trees hanging over the sidewalk on Lawrence Road are covering the street signs.
They must be trimmed or else the city could issue a citation.
E. Covenants Committee - Fourteen homeowners are coming before the committee. There are only
four people on the committee and they need two more volunteers. The people on the committee can not
have any relation to the people on the HOA board. You are the judge and jury for your fellow
homeowners.
F. Gate and Safety Committee
1. We are on track to start gate construction very soon. If you haven't already done so, please
hand in your access forms. A mailing went out last month and people will be notified when
registration will take place.
G. Camera and Computer Committee - No meeting this month. There will four cameras at each
gate, two for entry and two for exit. Weare planning for having additional cameras in the clubhouse
and recreation areas in the future. We have a company that will run the underground lines for the
cameras for FREE. The city needs more information about the lights that will be installed.
9. New Items to Be Covered
A. We still have lights out all over the community.
B. There are lights out at both entrances.
C. The drawing for baby Anthony has been going very well. We have collected over $2800 so far.
D. Fred is very sick so please send the family your best wishes.
E. The HOA board wants to thank: Jiffy Print, Brandsmart of Deer field Beach, Hudson Realty of the
Palm Beaches, and Mr. & Mrs. Lynch for their generosity in helping put the raffle together for the
Hruska family. We also want to thank: everyone who bought raffle tickets. Your money and efforts are
greatly appreciated. THANK. YOU!
F. The Boynton Beach police will start patrolling the community soon.
G. Jack, Charlie and the attorneys had a meeting about the homeowner who didn't pick up after her
dogs but the situation can't be discussed until it's resolved.
H. No news on the never ending saga of the "anti-gate" group.
I. Homeowners please remember to fill out paperwork and get approval before doing any work to your
home. If you do work without approval you will be fined $100.
J. The HOA board had a vote on whether to all ow the police to patrol and write tickets in our
community. The vote was unanimous (5-0) in favor of aIlowing the police to patrol in Nautica.
K. We have a new treadmill in the gym on loan from the store until ours gets delivered.
L. Homeowners CANNOT park in their driveway and block the sidewalk at any time. The sidewalks
must always be clear.
M. Nautica has a new community website - www.NauticaNews.com. It has many great features and
new ideas will be implemented over time. Check the site frequently for updates.
N. People should not be withholding their maintenance fees because of some issue they have with the
board. They will just incur late charges and/or fines.
10. Problems with Homeowners
A. People selling by-owner are selling too cheap. CALL A REALTOR. IT IS WORTH IT.
B. People are still painting their houses without ACC approval.
C. People are parking in the street overnight.
D. People on Bermuda Sound Way have a problem with barking dogs in the community behind them.
11. Motion to adjourn - Seconded
OLD BUSINESS FROM PAST MEETINGS - STILL RELEVANT
** PLEASE DO NOT CALL BOARD MEMBERS BEFORE 9:00 AM OR AFfER 9:00 PM. **
A. Not picking up after your dog is one ofthe biggest problems we have in Nautica. It has gotten out
of control and the neighborhood needs to be cleaned up. Help the HOA Board help you! If you see
someone not picking up after their animal then REPORT THEM!
B. Motorized scooters/mini-bikes are not allowed in Nautica! If you get caught using a motorized
scooter/mini-bike you will be issued a notice and if you don't comply then you will be fined!
C. Children need to stop playing in the street. It is dangerous.
D. Please remember to pick up after your animal. If you do not clean up after your animal you will be
fined.
F. DO NOT CONTACT THE CITY OF BOYNTON BEACH WITH A PROBLEM. TALK TO THE
HOA BOARD FIRST!
EXHIBIT" A"
PROPERTY MAP
Traffic Enforcement - Sandalwood
Rev. 08/09/05
@ (~!.->.~.)5.),O
_,e",,-:-- ""~'_ =-~~~.'" 'C' .....~.~' .' ....
f.~Ci~M~~~ ~ ~"f,''''2' r -- ~~, ..::~. ,
l-ilO_',,' ",,,,'-' 'l ~~
;~l. ~I'~~ ~Ie ~';" ;~ 'I':!' I ':--~
~ 71 '" f"', ~~,- ." ,,'~
:~ 245 Q.) 5 ~i '~:I').'::\":-,
'/-'/119H~ ~11191~_:> > ,O~~
~~~~ ~;.cu/~~~:::.~" ";~,;~:~;::.) j.
--0.,," r. . "<'~ 295,.. / '~@!
t .N~ C ,~,;';.,.c:9/ \~:.,
~~1- -- . ISi~{.. ~~ /l,
~I~ I ~I~ ,. // ~ ~\W
. ," \1 ~.. i0~, ~ 0 g :\\\
~:. ,~~ ~I'_--:III
~ 'I' IJo --0--
I ~ _~~;~ --~_ - I~I ~'I
ilir * ~ '~:~ l :!r'.;s1
H,e' .'tt~ -~ '.:c.,.
,.." ~'F\:'-/" ,:1::: t Ii !!;r' 1 ;:
". .~ M 'j --<--, f ;;"';'. "4/./ '. '"I' ';
. 0 J~ r ',,' -, __;''j_' '//' _P/_
.~: ~ .:~,~[~-=_..:;.~~~~~., ~III,;
~. 'H' "'"",,. ',-,." .~! i3
. ~,. I ; I' ~l;~~~!\" ~~ l" II~
~I" ~!" t' ~ , . ---.I~I_ . ,
e I~~rl I~;
--..-------4, .,'5s.
'I '.'
';;'.----rfl.', .,
~,.., 'r-I
S ~II!
,:~I'
"III~
~ ~:
- "il~
"4ft' ,.) /.
'" /"!'." - "" ,>--
---- / .~---
" " " -
'" '" ""
, , ,
'I ~ I ::
T Iii:
~ a ~ ~' :
1 ,n t~ 7
~ ;>, ~
66~
2': 8:J
Pl~)"'~ r f
un
~ ::>
ji ~
o
5 Cl::>
8
:: H
~ : :i -
8
~ ~
66
8"
~~~
oj
o
,
,
66
>!2':
rncocorn I~
'" ~~g~
1 :b~
~. ~ ~~ ,;U
I~
~ I'"
10
3 I~
z
p
S
()
p
~
01 F' >
~
':~D NAML II \n;\,I:ofIAG(\606R255 U[C'E"PN :llll
" I 0
"i\
~ \
~\; ----
~\' 0>>
.,;, to 'Co
0. co.
'.
r
.
n
I
~f
W'
; I
___'.L....
r
n
oj
b.
~
"'
LAURe-Net RD.
-------------------
l
17
r,
i2i
:2
;3
-ii
"
:;;
"
~
"
~"
~~
0-,>
no
o.
;gsz
~~Q
;~
00'
"n
m.
,~
~'------,/
,-
E
!f
--...
[j
1>9
Q"=---<
C
IS
'n
!~
z'-
'0
'-l,Z
~/1 ~
~
C>
I
I=-
LJ
-<7
p, - i
~I
~ " ~,I
<
~
:, ",~
i I; ~
~ I ~
.' ~;l' ' ~
11 ~~; ) ~
~., .8,
: II! II! i
~~ ~H.
OH i ~ ~
~
,
a 6 ~
, ,
0 ~ G
PE~I --< <::1
f>€a D ~ ::
~3~1_
~ .~ ~
c
~
" <
~ q l
~ ~ ;- '"
~ : ;i
6
~
'liil~~,
UU _ ~
'@] '~j
[F/
J
I: ",
o ,
~-
'i)l>
~a:J ~~
......O(;;.~
~~;'~
~N~~
~ ~8~
"'po
~
<.n
~ r
. ,
66
~~
;:, ,\
DO
~~
~~ ~
C::J
~i
:lJOJIDQJCO
~gg;;g
:b:b:b~~
~:.,~;,~
~g::~~t;:
n
~
'"
':AD NA"E C. \TIS\8Q5R2'P - U~DH[r _ l;)
r~.,~I~ T-~r~!j ~51=T[ --Tf~-Jr ;J~~:f J-~-~ L--~"_u/_u______ i I,
.~j_~I,~,JI)[LI ~ .~I ~ ~"IJI ~!>~/ ~ ~
. J' "i~ -) ~ ", , , /" /;
: ,I' L'C43D 1 ~,' ~\ ( IA520'J ~(@" ,I I L~ / ~ ~: I
f f I fl 1 J-40 f, ~ I ~O' t t. I " If 4-58 ~/ J-4~ 'I 2.;0 f ~ / g: ,
-'-"-')-' 'c. ,J .'~-"- ",~,,~ '''L-''~-'-~'-~cffi--'i:::f:::-- --1-- __ _, '!: '
-=.:;:':::t;.=)..-)C~' --" ---, '-" ~ ) _ ~':"~~~:":,,,, -~ -iPe,,' ~ ~,~'::;:::"'f~- :~s / \{;, < : '
STIRRUP CAY CT I. ~ \'60 , : ,0' _ "',;) : ft ~,0;//\ : j
n"n_~~~J=----::~".);;j__" __ ,e,- }-'"-~~:~---.';:, iC)~fs/ \~--:;T,
---r,'r~'".;7_"lr- 'Jr~,~,~;~~,'- 'r- r---"r- "--:"1! ---7r~~~"7jT--~; 2) <> ,,~ \\_ ~: I
J . 3I['-{"Q, " ~,~~, \ 0<;'0 /I:N' ~ :1
; i ;'> j -;'> I' ~ : I ;'> '0 "r ~ ~ I ~ ~ ( - ;,>i' ;'> 2 ~-!~._~-w "'o'~" ~ i ,
c; I ;: ~ g N I:: ,~ I ~1 ~ ~ J ; _ : , ,~I:o ~----::'
------~ _l-__...L....--1_ ~ -- ~ & :, ~ ,e ~: I
-----------------------___n_~ :-4-"'-'~-~ ,- ~>~::'
. ~ ~ ~",~:~L;:~,)~'-, ,-~~J~ !:
I~_ 3 or'o~::o, :1_~ ."', :II~I ~~ ~i
:-~~-~=ft-"': -~...... b '
~ ,; ~:~I ~ 6~rl-_ ~: !
'" '" ;~ : ~ 'II~ ~ (Ill
-;-"~~--~~I ,~ ~': - ~ ~ ~ !
-~-;-----r'-----~ - - - , , '<) ~,j' '" 00 ,
~ ! ~! ~ / ---!--~ 1 -=---~~ f~ .If-~ , ~ ~ :
1 ~~ '->- I "" ~I '"-f II ~!
/ 00 / '-"' I 0 / ~-,~ ~ ;:~.1 . ~IJ~I ~ g:
1 N /. i ' I'--~---,t' g g =if'" "'0 ~o :;:,
I '" / I i /' '" i "" :-;-~- ---',1 ---=- : -_ '-------_~
; - - ~ --;;- -c / ;/ ~ ! ~J' ~: !~" , ''"~~ ,~~ ~ ~: I
! ,:;Sss t" ,~-'---.,h-----_:_~~:f:.~-.__..' ~- / o~1 - ':;--~~>5~~ ': '1 ~::--! '-"~,
.,\- ') c:,lo,J ':!! -" , ---_ (.?<- / r' -.' ~ I I __J \... l""r J'~ I '"
-::-~' 0",;04>1r~, ~~:i_ ;~ ;~"y~- '_ /'~ i ~ < ':-')".' ~~:'~ - ~ ~-'= ~: I
'~_o=iF,,, '''~ V1;""I".' 'o,'~ ','17------. 1-- - '___L
r" I,~ I' I' 1 '-, :z:-:.~~' ,~ o'oy ~--++-____L__~._ / ';," ~ ~'I
; J J.3 I ! A539' "" i!~-c '1~ t..lr-" '0 -' I ~l; '" I" E
1; '" ;; '"' ~ I 4): )::,..~ ~;2 "',' RED R~~F L~/... ~ 1. ~ T '-":
~ t ~ . > :; 1 ~ "~ g . -c_.~~~ :" ~ ,-4-, ----, ----,-j
\ g g . '" --g, I :l ----- I~!/ ~ - --J''Y:~''-'''''=-r___~ ~""c-=- _,.\1,"_\ 0 .II~- "" ~: I
- N I ~ I . ~ 0 ;'>" "f I, <', - ~ ~ -', , ~, " ::;, I
~--- ---1-----'- c'/ 0 / itS1: IV=-~' ~ :
~I'II :"" 2 :
MArCH fO 806 R-", ~ "'_:: _'I 0, ~ _ 1 I
~ I _ )> ~~I: t ; ,/:1_ ----~, I
1- i /-----r';1 'is ~ ~
''''</'', on '~~ .~~~~ ~ :~___ ~ 0
'.,<) N '-:;yf/ ~.- 1:~_
~~--- ~~"'- ~ -= -'~':0 <~
';\ ~ J . , ~ & < ~
'~~~. ..~..~%::~
/',,- / ' ':;";.::;;;,"",'7=~_ ~,,-' ;-~~S, ~"
/-./'/ ~ ,:;./. , r-~__O, '.......,
--'.
C?r~\
I
'0
I",
I:;
<
~
;3
-~l
, I
I
. ~..:-, I
'~
Ii~
;.:~'<
s'.
.~~
115
,
~:
~ ,
~,
,
: 10
, i
.......,1 !
I"i
:J2;~; In
J'~ g z ~<
~~~~ ~
~;;;: [,i
~~f;;j ;S
~8~~ ~
i
~
F
jZ
,0
P
i8
~
i;;
p
!~
i~
:1'i
o
C/l'-~<
c
g ';;:;e'r---
~
~,~
~1i~
i~
-~
"
I .
- " ,
n , ~ ~
S I Z
~ ol'Jar
~ ~ ~ ~!
.fl
li;J~ ~
~ ~.., ~I <;;>
~ !~ ~ Jr
;~ : ~ ~ c;
H !!~!
dl1 'j; I
~
, ,
0 0 0
c 0 0
. PRfpo-b ,
g 2 > ,
-
~ li
~ "
0 ,
5 :5
0
[J C 0
0 " , ~i
, f ~>
< n - ~~
~ !i
[] ~~ [0
0 0 :~
0 , ,
0 0 '::>,Z
lID ~i;J f~
<;;',,, ,\ "
'@ ,~
[j \:1'1 "
0
J ;;
-
O[ ~
OJ -
l>o
U1
l>o
.;~
-Ji
z
,..
S
n
,..
P~OT l1'-1E. Q7' 09, 10
:"0 N"~E C \TlS\S'J6R25B _ Um[R,:>t, _
,0
~~
It'~
~~ f~1'
ti:~ ~;~
, ~ i~ f;~ J--~ - jl 1,=-X:-,ij;iJTn,I.,! }~ :-'rl ~~I=-r-
~,~\ ,~ ~ '~I B~I~< ~I~ ~I ~~I~ <c:" ~I t~ j "~I "
~ ~ // I * I? _ J ) '-' I J j
~ ~ ~ ~ ,\~~~~:~~}-~~,>~~~r~v-J}k_~~jf/,_~"j,_':~_~:~_::JA,::;l,__o-J,-,~_,I-,:'..~-_:).':,,_ '~~
\\\~~ ~\:;:-;.//( ,~-:t""- ~tar .=-!:"- ~f~J:"C~ ==--=-~~ _.., -<::
~ \ / ;-y/ J' \."..' / \\ T - -- - - - - 2PN~
I! \ ,1;-/ v/ \& ~ ~ (; So "<0 \ ~ /'<
\\' ~ 0 '1 \ --:--=l "~'f 0/1} STIRRUP CAr cr ,,- /,,'
"" <\ ~ "~;~ I Ot;rt-<c'"l~-';;--~I';~;~;~;-- ~ '--.~-~'~_ ,;";:~~*1~1t--;c-FI'~~~ r--
?> .'h---" I" I' I' , 'II:' >, /1! ,- I ,e] ,,/',< ---
~l\\ - ,,,",,,:,"~ b,'~ J Al90' ~ - I JA470 I ~_IPNJC-h( _ ~
'i:. \, " , <~,~, "'::Jf ~1" " ( " I;; ,;0 / ' I 0, I,' >
'6 I'~" ~ O/l~:C,~~f~-:;--~-: I ".b I" ::-;1 f~ I j:; 1/ !~I-' \f!I:~ - ;
c ,\\ I 35 I' c,,--? IT cg I I ~I~~-~
\ / ,r I'~ ~ I ~ (~: c~ JI 0 11_ 1"0
\" \ ~~y/~ , f,)r'! I I ~ L. J ~ ~ ~ ~ ~) ~ s i\, "~:~ ~~:
\\ I ~ ~ ~O~O" I - I / - -- I - ----"'- I ~ ~ I' it" 17" .
\\~~., / 11 9 ~.J // ~~-~-- :::~:e:"c; i:~ = - ;:
, '" I 00 / I i~ : ~, - :;: _'
~o .'~ '~-1_____~_~ __1,/" ' ~ ;~ . h' \~. ' ". ;'
'"' \'i\ -- - 0 '~I' 0 \
'0 '\\ ~ . '--;:-~I . -,----
\~\,v L ~ .~ ~ ~il: ~ r-';o,;-_---~-
\<:~*,0 ,~ I ~'--~ .." h--'" c) co
,; ~ ~ I~' (- 'n I ii i ',; ~
.~ ~ > n ~ .~f~: ~i I-"-;-
\~t~ ~8 I " "~nl Ii' '"
\i) " ' +" l-,c f~---
\, " ~, ~.. ;-~ . ',._ l
\\ I'~ ~ 7ro ~ ~
'.\\", 1':- -~--JII b
_~ · ~ . d~
,0' \~~\ /::' : ~__:till;
\", /' g,~- , ';.- i ~ "'-~~tri
" 00 ABOO '" I 0 .' II!
Sf~,;;c ;~,,_~610--'-L_ >'o,J~ . ~j
//~,~~-- ""::~-=F~-'..-"W7~
. '~~o'\'b.~
,0
~~
n
mO
~~
Z~
~o
~z
I
-ir---i
o v 0
~ 0 ~
on~
~~,~ '~
~6 ~ ~
'0,
~
~
~
~
I
;
~1
"' ~~ ~
.. .;~ i~.'''.'
.~.~~ ~
:0 ~~ ~
-~
o
p
o
.J
COI:OOJaJaJ
00000
mO'lcnmm
I I I I I
;u;u;u;u;o
I I I i I
NNNNN
~~~~i:;;
-<>-
~
'"
I:
,:€
I~
o ~< .J
n
2
.3
i'l
~I
I I I J
~ (.Q ~ 0
?x: ~ LN '..-.
~1~:::~:::O)raJ~~
8~ ~?~~?~~?~::?=
lITI ~~~"".n",i);o"'~,^w
lID~ ': ,,~~ J ~p!J~z=-
[J~~ ~(/r--I~) to_-
10 ~ ~ ~ 2 ~JJ I ~ -
is !;: >,l, I
:;!;l '=' _I II lr<
-< ~ ,:; I ' , --..j
;: ~ < g; 1'1
~ ~ cb I I
~ 0 CD1 I ~
:> OJ -I j I ,: ~
~ ~~ ~ I \ :;- ? V
~ is ~::; " ::::::T,~ 'L- - - -=Y
';" ;v,- JJ '--... BCRMUDA SOUND W
o .~~C:! ii -rn.~",-~
~CDl>~~ ~ ~ ,;0 ,;(~( ~'----'~Q) --j
O)~'z~~Z-3~ f !~,- ~~~ I
';; , R" JJ -;P- I '" .; -Po '.0 ~ co J1 ~
O:;O~::JoS?2i 0:::: :~~:::
""'-J.....;22": _;:;: Z ~ ,~ I
I~~' p-~J r .~
~_ ~~~~P- 9 '2)
p CJ P I
~ ~ ?
PLOT DATE 12/20/95
>
~
m
r;
> 0 ~
~ ~ '"
0 w
, ,
fo , , ,
~ ~ ~
z . .
0 N
0 ~ ? 0
> '. "-
,~ "- ~
~
G ~
~ vi
l ~;l ;~ ~
1 it! ~! ~ ~
; ~;; ~ ~~
i; 11~!
~; ~ff ~ ~
'?:~ lilt, ~
~[J ~ ~ i
~~ l i 1 ~
"
C{
g >;: f
~
"
M ~ r;
~[][]
6~~
PREfol.!b ~ :i'
f. ~ ~
, n ~ f "-
]J 1 ), .
J ~
~ '~ r
~ ~ '2
2'; ~
CJ
~ ~ ~
I'! I'!
n n
g ?
~ ~ ~
~ ~ [ -2
~ ~ Ii'
]J ~ 'f ! ~
Vl;;l.. iC: <:;
<:; e: ~ 5; 0
.
[]
66
3
I'!
l>o
OJ
l>o
I
,'0
CD "
'" '" I
U1 ()I ~J
? ~ ~ ~?= - ~
o ! V ! IS) ~ '-J,~ ~ ? ::::
~ ',' -, ~
r~ r=- _ = = = ~v -=::::;>-. ':;~) ~ ,'" !
I STIRRUP CA~ ~ - r-=T= -
t II . I r'" ~I '
'" ~ , ' I (I
~ Ii, I'
J1: I ,I: I
~ "", " III
--.J I' :-l
~, "III ~ ~ I I
I " .., I, I
CD I' C) " 'I
g: ,.i I' ~ . ,I
I' 6, II' C) II
; cJ1~ '
i"l
III
II
III'
~ I ! ~ ~
I'~jll ~~~ y~
c; ~jll !T~ T 'II ~
[), I . -c; ]11':'
Ol----~ \-
~ I , ,T- - --t!'BTlJGA L~~
i'lljlr:-. '--==r-~
~! I i I ~ ~ ~
~,
I'
2S~
PLOT TIME: 09: 11: 04
CAD NAME S: \TIS\STORAGE\B06R261
UEDECMB 362
~
I
OlO---l
'" I
--.J(}1 ~
'" ~
.',
,.
::;
'"
'"
I
T
'"
"'""
O:t:
'f'Ui
""
::;~
I"
<oC:
<0:::;
",<
:>.0
~~
f~
",,,
Iv,
~i5
~
v,
8
r.,
v,
l> U",
zcl>
roO
;p.';;,c
(/)0--<
l-lr;:j
ro (/)
c~
;=OV)
-!o6
""U~::f
",..,Z
Z;of'Tl
~"'x
l>-
::!~
0-
ZZ
Gl
rol>
-<~
~
I
~
I
en
~
rn
~
cb
z
o
m
u>
'"
o
~~~~~~ ;
! I I I I I
Z8ZZ~Z
~~.~~g:~
N
"'
~
~
~
I
o
'"
'J"'
I
Y
"'OJ~
'" I
"u> '"
'0 '"
010) -I
)" I
"u> '"
'E '"
"'J> ~
I" I
"u> tA
'j (1)
T ^,ti' /
~./~ /
- ~~~. /115-/
1
I -rl
~,
.,
'fi
cn
I
T
'"
'...
~ ,',
I -
=r;~
-""J
co,
I ,~
D ,
kl~,
_ .J
-~~
~
I
'0
'0'
,.
'~
I
~
~ ~ .:;
~ * g
~ ~ ~ ~
o
o 0 ~ '
~,
o ~ to:
'/~
~ ~ ~~
~ ~ .
t;; tr: g
~ ~ ~
V' 0 ..... ~
\ ',-
'f!>'r'
~:~
'0<
~"'~
~~
,
i^:
'" y~
\' ? ..-
? ?9
~ ",,'
.p / '"
0::: -lo:, 7\ '>
I I \?
i):~ -'
NAUrtCA
BLVD.
CITIlUS
GLEN RD.
........::. ~...:-==-= - - -
/;./~~~~ ~,
/.~/~....... ,,~i.,'---/\ 0./
,> //' .--~ ..... '" g;
I '. // ~....- ~ "'. ~
~ I ,/' .....;......;.~---~I <;;
rn ~.!!>. /~~./ ,,~y~~~)
,r 11.~ ! /. ~~~.p ~->'f' "'I
~ l rry',// /_ ,_.--.....-~ "p'%,,%> OiWo l..4
~ I / I y/J,f I / /~ '" ~~ '..., =R-'; 6-
~ I I I I /1/ I / / '. \ ...>""> J..~~ I
~ I Ii!,' m ; ! . \ 6, CD ~8: z ,
'ill,III/'i ~;11'1' ~\lr~Z:^'
I I I~) 1-1 Vlj ~ "-l ---
II I III; " ~: ~i'
--=-~I ll, ~
~ -f+(- --j <)
_I ' r;=-..J , (- --- t-- Oii
IIIII-j ,I
I I' ,I
,I I' '
11,1 I I , I
i! I
, I'
lfi
r+t
i I I~~
I I, ..
,
Ii
'"
i:
r~rt
--< cbl i
~ I,
i I
J
/ !
\" / /
".. '--..-1.-'/ I
"-____ I I
I ~. 0
:,I ~!~ ~;~I'
" '-:::~ .~ c,n T'^:
~ ~ ~rJCA -i 8 ~. I
" ~ ==::~ _ ==-~:;- ~ -J
, '.. ---=- - - - ) ~ I
~~- ~ ....-
c .. - - --=-- ~~ ~
"I .. f Co ~~ g~~ I ~ ~
1 ~ olrn~ f:?rr :
o ~~~ ~~;o:;oo v.
OJ "J b ^, ..........z~,
I ~
~'
"
o
I
o
I
N
o
~
~
o
N 0
~Q
I'':;
~: .~
o
=:
-'
5>
o
o~
,0
G~
~
roO
!~
,.
~~
:;
~ ~ ~
~ ~ ~
,
9 ,., 8
8h
f ;;~f ~
rororo I~
000
mmm
, I I
~~~ '"
zi; , I , '"
NNN
'C'lrntn Z
~~oo ()
0 '"
g 0
.3 ::E
C!
~
(~
~)
~
~
o~~OOI ~~ 5
~;q ~ : - ~ i Ci
;!!}, q
"I^ ~
I
~ r- i 'i,
~ i ~
; ~~ ~
~~
~
~ I
-:;:' 3 ,-< ~;""'
~
z
i
~ :~
~ ~~
~,
'':If :;;::
c ~~ :
.;
,- '-~ ~
~ ~~
~ ,~
~
~~s
c~~ L:
~
<
~
~
i:
18
n
I
N I
~ .
I
--I
o
o
o
---------'<:
PLOTOATE 1.)/19/95
a i ~ ~
i5 u ..
'" "" 0 ::>
'" '::; ':::: I I
~ I ~ ~ r .;, "'
:1
~ ~ I
o n ~
'Ii ~'
~I ~
I
II
, 1
l f!11!~1' :
~" "''', I
:: ;:: ~
~R-S: ~I S
d~~ ~~ i
, 6
g g
" ,
0 " 0
~.~ ?"Eto"'-b f ?
, : ~ ~ h
< 0
~ ~
6
"
~ ~ ! ?
< it ':.l ~ ~
~ ~ i ~
:c 3 - ::.,
:5
"
lID'@] ~,,~..,
\\'~y'
[j ,~
,.,~.
. 0
;;;:1
'I~ 0 0
~ ~ ~
: ~,t
h
o s~
~~.~~
~c;n~': ~
o:;o~: s
i~ ~(~: i:
';-0'>'--''9
;c,
~~
~
U1
~
ii.:3
PLO.TI"E: 0"05:12
,,:,;;/
'i
r/))
'-..~/
'" ,;\
66
011 ~:
~~ t~ ~~~
~ 1/1 'i~
t'!
@~hc.
!~ ~
(~I"
: I
ill
AI
:1'
: I
@ J(~
3'1~
r~
-.. >
/1;;'
u
I
""
8
o
~
:'
ro ro I~
0 0
m m
j, j,
.!., ~
I~
~ ,C'l
10
~ I",
I~
CAD NAME: C \T1S\806R256 UEDERPN 381
('~ -:.
~~'%-
MATCH TO B06-R-258
\/
--";O~:,
. 0\ ~ '0 ' < .
~ ~ '"l \
"~f~-: ::~\~'---~1~- ---~;"-l- BI~%-'4" "":~~f-,h,;-\:c-~:,>' ,0",'_
k .~( " \, ~< ~I~ :':': r
/ .~'\,' ~,~;~ \ "~I " "11; Sl ,-; ~
/, .... 01 "~ I ,,0 I ,0 " ":))
/ ........ .' , '/ -- d~~-':Tj--- - --'tr-----~
;<' ~I~ \ ~~;~('-.- --,~"~~- ~'j~:=----L--c~r_-' - .:.
/ ,. I" "~~~;~~ -~'~.~\ -~c~':"f~~ -.,",':.~;.Jc~~~'--~___~____
/ i ~I' ," ;1/''0, HO '; I-'~;;~;'; ,;e 7f.,~:;;--71 l-,~;;--
/. ..~,,j ~m~,1 I I I
,r-!_- --- ~.: /' : : : ~ ~y I ~ ; ;', ~I< I :;; I ~ -
I ' : ~ t ~/ I,' ~I~ ~ l ,I. I 0 i "I~ ~I~
H. ---- fro 1 r+r-l ~T - - r-~ -~-~ --Ll ;
~ I' ~., ,w l'lre:';<
; :?15 "'~ I.~ I I I I I I ~~;:.". I
J:' ! ' 01 ,~UI : " ~ _1_ I I :;I~ I ,< I :;I~ :;I~
'" +---~- ;,,~,! ; 1 i" I I ~~ I" 1 ;1' II~ :;10"" O'
b -:-I' t , ,\ \ ;-p" ~~ ~' 1 I ~ ~" ,
----( J!','lJ. ~ ~ \~;~~'C '>"-k~',,: ),"'__ L_: ';:__~ --':C'~---:-If_"':;:'_"__' m',':_ V '"
I i~I'" - /~ ~ :r;:=-~-=-~-;rl';::-~_~_ ~__=p-~_____
I ,,/ \\"? f J! -q 11, 4 ~ IQ'43 \ ....,- 1
I / "'0 "Z'~ .... : I . "'~f\ I ("' J f
1<. /2{:"-f:7'~f;~:rl~;~;i~-~C'i;fo n':rc~ '
. il ~i .' I i I_~I'
, ", !
~I'';I' 1 W~i > I I ~':
-, ---- _J.._':'~ -jJ J _~I= _~_ _ _ : 0 _.J_J +
I;
I:"~
i
Ii
,
-1"'-;-
Ii
! :
I,
I'
! ~
;
~2~_~~::...==::..::= :~';'~~_:.::.::.=-::..:..< _ _.
------------~- ~- ~-- -----------
L4 WR[Ne, RD
r---
o
(
!:
.;
i
~ I~ 'I'~
fl: I:
~ ~ I~
:8
II
I~
c
- ij
:~
:.~
c
(jl-.--<
i~
1-'-
2
I~::
i~
o
j
L,
~
CZ(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM C.3.
.. ~ 1 - I:} ._:]
~~-1 F: S~l
(',.! -- --
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon)
D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3,2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October] 7,2005 (Noon)
D September 20, 2005 September 6,2005 (Noon) [gI November] 5,2005 October 31, 2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
[gI Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
RECOMMENDATION:
Motion to approve and authorize execution of a Mutual Aid Agreement for W ater/W astewater
coordinated by Florida's Water/Wastewater Agency Response Network (FlaWARN).
EXPLANATION:
This Mutual Aid Agreement for W ater/W astewater, once executed, will enable the City of Boynton
Beach Utilities Department to participate in mutual aid requests with all participating agencies in the
State of Florida. During the recent hurricane Department staff was made aware FlaW ARN and the
cooperative utilities involved. A Mutual Aid Agreement is necessary for participation. Since registering
the Utilities Department we have been able to see the activity and assistance that is being provided. The
Mutual Aid Agreement will allow for the Utilities Department to become fully involved and be able to
access the necessary equipment, manpower, etc. to keep the utility operational. FlaW ARN is made up of
water and wastewater utilities across Florida, assisted by regulatory, technical and law enforcement
agencIes,
PROGRAM IMPACT:
The Mutual Aid Agreement will assist the utility in being prepared for emergency response and gives a
wide area network access for any equipment, manpower and other utility needs necessary to keep the
utility functioning. The Mutual Aid Agreement also allows the City of Boynton Beach Utilities
Department to assist any agency in the State of Florida with any needs that may arise.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CC(
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
There is no immediate fiscal impact, the agreement calls for reimbursement of expenses at the time of
use and they are based on a schedule of rates established by FEMA and personnel rates are based on
actual costs plus benefits incurred.
ALTERNATIVES:
Alternative would be to not participate and rely on FEMA, the County Emergency Operations Center _
resource requests, and vendor availability.
/~~(
~jJ,/ Kofi Boateng, Director
~
City Manager's Signature
Utilities Department
City Attorney / Finance / Human Resources
cc: Barb Conboy
Pete Mazzella
File
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.OOC
31
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
RESOLUTION NO. R05-
A RESOLUTION OF THE CITY OF BOYNTON
BEACH, FLORIDA, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK
TO EXECUTE A MUTUAL AID AGREEMENT
FOR W A TERIW ASTEW A TER COORDINA TED
BY FLORIDA'S WATERlWASTEWATER
AGENCY RESPONSE NETWORK (FLAW ARN);
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, FlaW ARN is made up of water and wastewater utilities across
Florida, assisted by regulatory, technical and law enforcement agencies; and
WHEREAS, during the recent hurricane the Utilities Department staff was made
aware of FlaW ARN and have been able to see the activity and assistance that is being
provided; and
WHEREAS, the Mutual Aid Agreement will enable the City of Boynton Beach
Utilities Department to become fully involved and be able to access the necessary
equipment, manpower, etc., to keep the utilities operational.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE 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.
Section 2.
The City Commission of the City of Boynton Beach, Florida
hereby authorizes and directs the Mayor and City Clerk to execute a Mutual Aid
Agreement for Water/Wastewater coordinated by Florida's Water/Wastewater Agency
Response Network (FlaW ARN), which Agreement is attached hereto as Exhibit "A".
S:ICAIRESOlAgreementslMutual Aid Agreement Water Wastewater. doc
Section3.
This Resolution shall take effect immediately upon passage.
2
PASSED AND ADOPTED this _ day of November, 2005.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
S:ICAIRESOlAgreementslMutual Aid Agreement Water Wastewater.doc
MUTUAL AID AGREEMENT FOR WATERlWASTEWATER
ARTICLE I. PURPOSE
The Water/Wastewater Mutual Aid Program was established to provide a method
whereby water/wastewater utilities sustaining physical damage from natural or man
made disasters could obtain emergency assistance, in the form of personnel,
equipment, and materials and other associated services necessary, from other
water/wastewater utilities. The purpose of this Agreement is to formally document such
program.
ARTICLE II. DEFINITIONS
A. AGREEMENT - The Water/Wastewater Mutual Aid Agreement. The original
agreement and all signatory pages shall be kept at TREEO Center 3900 SW
63rd Blvd., Gainesville, FL 32608
B, PARTICIPATING UTILITY - Any Water/Wastewater utility which executes
this Mutual Aid Agreement.
C. DAMAGED UTILITY - Any Participating Utility which sustains physical
damage to its water/ wastewater system due to a natural or manmade
disaster and seeks assistance pursuant to this Agreement.
D. ASSISTING UTILITY - Any Participating Utility which agrees to provide
assistance to a Damaged Utility pursuant to this Agreement.
E. AUTHORIZED REPRESENTATIVE - An employee of a Participating Utility
authorized by that utility's governing board to request or offer assistance
under the terms of this Agreement. (A list of the Authorized Representatives
for each Participating Utility shall be attached to this Agreement as Appendix
A)
F. PERIOD OF ASSISTANCE - The period of time beginning with the
departure of any personnel of the Assisting Utility from any point for the
purpose of travelling to the Damaged Utility in order to provide assistance
and ending upon the return of all personnel of the Assisting Utility, after
providing the assistance requested, to their residence or place of Work,
whichever is first to occur,
G. SCHEDULE OF EQUIPMENT RATES - The latest rates published by
Federal Emergency Management Agency under the response and recovery
directorate applicable to major disasters and emergencies.
H. WORK OR WORK-RELATED PERIOD - Any period of time in which either
the personnel or equipment of the Assisting Utility are being used by the
Damaged Utility to provide assistance. Specifically included within such
period of time are rest breaks when the personnel of the Assisting Utility will
return to active Work within a reasonable time. Also, included is mutually
agreed upon rotation of personnel and equipment.
ARTICLE III. PROCEDURE
In the event that a particular utility becomes a Damaged Utility, the following
procedure shall be followed:
A. The Damaged Utility shall contact the Authorized Representative of one or
more of the participating utilities and provide them with the following
information:
1. a general description of the damage sustained;
2. the part of the water/wastewater system for which assistance is needed;
3. the amount and type of personnel, equipment, materials and supplies
needed and a reasonable estimate of the length of time they will be
needed;
4. the present weather conditions and the forecast for the next twenty-four
hours; and
5. a specific time and place for a representative of the Damaged Utility to
meet the personnel and equipment of the Assisting Utility.
6. The identification of Work conditions and special constraints such as
availability of fuel supplies, lodging/meal support, medical facilities,
security, communications, etc.
B. When contacted by a Damaged Utility, the Authorized Representative of a
Participating Utility shall assess his utility's situation to determine whether it
is capable of providing assistance. No Participating Utility shall be under any
obligation to provide assistance to a Damaged Utility. If the Authorized
Representative determines that the Assisting Utility is capable of and willing
to provide assistance, the Assisting Utility shall so notify the Authorized
Representative of the Damaged Utility and providing the following
information:
1. a complete description of the personnel, equipment and materials to be
furnished to the Damaged Utility,
2. the estimated length of time the personnel, equipment and materials will
be available;
3. the work experience and ability of the personnel and the capability of the
equipment to be furnished;
4. the name of the person or persons to be designated as supervisory
personnel; and
5. the estimated time when the assistance provided will arrive at the
location designated by the Authorized Representative of the Damaged
Utility.
C. The personnel and equipment of the Assisting Utility shall remain, at all
times, under the direct supervision and control of the designated supervisory
personnel of the Assisting Utility. In instances where only equipment is
provided by the Assisting Utility, the ownership of said equipment shall
remain with the Assisting Utility and said equipment shall be returned to the
Assisting Utility immediately upon request. Representatives of the Damaged
Utility shall suggest Work assignments and schedules for the personnel of
the Assisting Utility; however, the designated supervisory personnel of the
Assisting Utility shall have the exclusive responsibility and authority for
assigning Work and establishing Work schedules for the personnel of the
Assisting Utility. The designated supervisory personnel shall maintain daily
personnel time records and a log of equipment hours, be responsible for the
operation and maintenance of the equipment furnished by the Assisting
Utility, and report Work progress to the Damaged Utility.
D. The Damaged Utility shall have the responsibility of providing food and
housing for the personnel of the Assisting Utility from the time of departure
from their regularly scheduled Work location until the time of return to their
regularly scheduled Work location. The food and shelter provided shall be
subject to the approval of the supervisory personnel of the Assisting Utility. If
not agreeable, food and shelter shall be provided and paid for as determined
by mutual agreement.
E. The Damaged Utility shall have the responsibility of providing
communications between the personnel of the Assisting Utility and the
Damaged Utility.
ARTICLE IV. REIMBURSABLE EXPENSES
The terms and conditions governing reimbursement for any assistance provided
under this Agreement shall be agreed to prior to the providing of such assistance
and shall be in accordance with the following provisions:
A. PERSONNEL - During the Period of Assistance, the Assisting Utility shall
continue to pay its employees according to its then prevailing rules and
regulations. The Damaged Utility shall reimburse the Assisting Utility for all
direct and indirect payroll costs and expenses incurred during the Period of
Assistance, including, but not limited to, employee pensions and benefits,
B. EQUIPMENT - The Assisting Utility shall be reimbursed for the use of its
equipment during the Period of Assistance according to the SCHEDULE OF
EQUIPMENT RATES established and published by FEMA. If an Assisting
Utility uses an alternate basis of rates for equipment listed on the FEMA
Schedule of Equipment Rates it shall provide such rates to the Damaged
Utility prior to providing assistance. Rates for equipment not referenced on
the FEMA Schedule of Equipment Rates shall be developed based on actual
recovery of costs.
C. MATERIALS AND SUPPLIES - The Assisting Utility shall be reimbursed
for all materials and supplies furnished by it and used or damaged during
the Period of Assistance, unless such damage is caused by negligence of
the Assisting Utility's personnel. The measure of reimbursement shall be
the replacement cost of the materials and supplies used or damaged, plus
ten (10) percent of such cost. In the alternative, the parties may agree
that the Damaged Utility will replace, with a like kind and quality as
determined by the Assisting Utility, the materials and supplies used or
damaged,
D. PAYMENT - Unless mutually agreed otherwise, the Assisting Utility
should bill the requesting utility for all expenses not later than ninety (90)
days following the Period of Assistance. The requesting utility shall pay
the bill in full not later than forty-five (45) days following the billing date.
Unpaid bills shall become delinquent upon the forty-fifth (45th) day
following the billing date, and once delinquent shall accrue interest at the
rate of prime plus two percent (2%) per annum as reported by the Wall
Street Journal.
E. DISPUTED BILLINGS - Those undisputed portions of a billing should be
paid under this payment plan. Only the disputed portions should be sent
to arbitration under Article VI.
ARTICLE V. INSURANCE
Each Participating Utility shall bear the risk of its own actions, as it does
with its day-to-day operations, and determine for itself what kinds of insurance,
and in what amounts, it should carry, Nothing herein shall act or be construed as
a waiver of any sovereign immunity or other exemption or limitation on liability
that a Participating Utility may enjoy.
ARTICLE VI. ARBITRATION
All disputes between two or more participating utilities arising from
participation in this Agreement, which cannot be settled through negotiation, shall
be submitted to binding arbitration before a panel of three persons chosen from
the members of this Mutual Aid Agreement which are participating utilities,
excluding those members that are parties to the dispute.
Each party to the dispute shall choose one panel member and those panel
members shall agree on one additional panel member.
The panel shall adopt rules of procedure and evidence, shall determine all
issues in dispute by majority vote and shall assess damages. The decision of the
panel shall be final and binding upon the parties to the dispute.
NOW, THEREFORE, in consideration of the covenants and obligations
contained herein, the participating utility listed here, as a Participating Utility duly
executes this Water/ Wastewater Mutual Aid Agreement this day of
,2005.
W ater/W astewater Utility
By:
Title:
By:
Title:
Please Print Name
Please Print Name
Approved as to form and legality.
By:
Utilities Attorney
Please Print Name
(Please note: Attach a copy of your FlaWARN registration form to this document when you
submit it. Thank you.)
Conboy. Barb
From:
Sent:
To:
Cc:
Subject:
FlaWARN Administration [info@flawarn.org]
Friday, October 28,2005 11 :34 AM
Barbara Conboy
info@flawarn.org; webmaster@flawarn.org
FlaWARN Application Received
This is a copy of your FlaWARN application form for your records. Please print out and
attach a copy of this application form when you submit the signed Mutual Aid Agreement.
Thank you for applying to FlaWARN.
Utility 10:
Utility Type:
Utility Name:
County:
Water Connections:
Water Population:
Wastewater Connections:
Wastewater Population:
169
Water and Wastewater
City of Boynton Beach
Palm Beach
49000
95000
49000
95000
Manager / Primary Contact
Name:
Phone:
EMail:
Barbara Conboy
(561) 742-6406
conboyb@ci.boynton-beach.fl.us
1
- FlaW ARN: Florida's Water/Wasterwater Agency Response Network
Page 1 of2
FlaWARN "1' ,-' >,,:--
Home I Mutual Aid Agreement I Member List I Committees I Membership Application I Resources I Member Login I
Accelerated Deployment
We are accelerating the implementation of FlaWARN functionality to help member utilities manage the effects of the current
hurricane season. The secure members-only area of FlaWARN, including emergency contact numbers for all member water age
is now available to all approved members. If your utility has already filled out the membership application and you have a pass~
log into the Members Site, If your utility hasn't filled out the membership application, click on mem~rship application to registe
your utility as a member.
For more information please contact info@f1awqrn.org.
Tutorial:Hq~tQ_JJ~eElaW_.~R~ (63KB PDF)
last site update: Saturday 9/24/05
Welcome
Recent News: Texas water_utility shows appreciation to FlaWARN members (88KB PDF)
Florida's Water-Wastewater Agency Response Network, referred to as FlaWARN is the formalized system
of "utilities helping utilities" to address mutual aid during emergency situations. The project's
infrastructure will consist of a secure web-based data bank of available resources and a practical mutual
aid agreement designed to reduce bureaucratic red tape in times of emergency.
FlaWARN will work with various industry groups and public agencies linking the Florida Water community including:
· The latest interactive models for security protocols to aid in continual risk assessment and updating ERPs.
· A series of continually updated boiler-plate public information and press release templates tailored to meet the latest
developments and provide immediate public response.
· Quarterly regional and annual statewide meetings to bring together both significant State authorities and national interes
providing the best and latest insights to power the agencies ongoing preparedness process. These meetings will include
workshops in utilizing FlaWARN to the agencies best advantage.
· Technologies to facilitate sharing of information between members.
· Outreach - Through the existing UFfTREEO network, and other cooperating entities, FlaWARN will offer onsite emergenc
preparedness and related regulatory liaison services to requesting agencies.
Members & Partners
FlaWARN is made up of Water and Wastewater Utilities across Florida, assisted by regulatory, technical, and law enforcement
agencies. Currently, in addition to regional utilities, FlaWARN collaborates with the partners listed below.
http://www. flawarn.org/
11/1/2005
- FlaWARN: Florida's Water/Wasterwater Agency Response Network
Page 2 of2
FlaWARN currently includes
11LmembeL!Jtil ities,
44 of which have signed the
MM.
srREEO
-- ._1. CENTER
" ,
. ..".'~. :f ""f"
''''',1 'a',,":... "f'
'" ." ~ ,.. J .... i
'.~l ~_"'~':I...j.'t::~~
Il':.:; :~,l~t ::-:~:~ ...~ 1 ~
..~(. "d"'11I"'", '4-
cs~'" r..,<\.
4...... ~
? .' 0
JE ..... ~
\ , 1)1\11
For more information, contact FlaWARN at info@f1awarn,org
http://www.flawam.org/
11/1/2005
Conboy. Barb
From:
Sent:
To:
Subject:
Ray Hanson via FlaWARN [Ray.Hanson@OCFL.net]
Tuesday, November 01, 2005 11 :28 AM
Barbara Conboy
FlaWARN Assistance Request - Orange County Utilities relief crew for Broward and Pompano
Beach
The following FlaWARN emergency assistance notice has been submitted:
- FROM -----------------------------------_______________
Contact: Ray Hanson, Ray.Hanson@OCFL.net
Utility: Orange County Utilities
Title:
Orange County Utilities relief crew for Broward and Pompano Beach
- REQUEST ------------------------------_________________
Orange County Utilities Operations relieved our original crew of 9 with a crew of 9 on
Sunday. Orange County team leader is David Brewton at 321-239-4983.
Broward County staging site
2555 West Copans Road
Pompano Beach
Response Team: 8 gen sets, 9 utility service trucks, 1 supervisor, 4 electricians, and 4
technicians.
Team members:
David Brewton - Sr Utility Maintenance Coordinator, Team Supervisor and Leader Bill
Salyers - Utility Maintenance Coordinator (Master Elect.) Keith Mackey - Field Specialist
Kevin Begy - Industrial Electrican II Melvin Black - Industrial Mechanic II Chip Earehart
- Utility Maintenance Coordinator (Master Elect,) Josh Goenner - Field Specialist Joe
Johnson - Industrial Electrican II Jeremy Tucker - Field Specialist
Thanks,
Jim Broome
---------------------------------------------------------
Log on at http://www.flawarn.org/members/ to view and respond to this notice.
submitted on: 11/1/2005 11:28:12 AM
1
Conboy. Barb
From:
Sent:
To:
Subject:
Pat MacGregor via FlaWARN [pamacgregor@broward.org]
Monday, October 31, 2005 3:57 PM
Barbara Conboy
FlaWARN Assistance Request - Broward County needs lift station mechanics....
The following FlaWARN emergency assistance notice has been submitted:
- FROM --------------------------------------------------
Contact: Pat MacGregor, pamacgregor@broward.org
Utility: Broward County Water/Wastewater Services
Title:
Broward County needs lift station mechanics....
- REQUEST -----------------------------------------------
A crew of 3-4 lift station mechanics is still needed in Broward County to help maintain
the lift station pumps which are clogging on a regular basis. Please contact Clive Haynes
at 954-553-0183 or Daniel Menendez at 954-831-0963.. .954-553-5597.
Log on at http://www.flawarn.org/members/ to view and respond to this notice.
submitted on: 10/31/2005 3:55:53 PM
1
Requested City Commission
Meeting Dates
D August 2, 2005
D August 16,2005
D September 6, 2005
D September 20, 2005
NATURE OF
AGENDA ITEM
RECOMMENDATION:
VI.-CONSENT AGENDA
ITEM C.4
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
\..' j",
,.' ..).J
Date Final Form Must be Tumed Requested City Commission
in to Citv Clerk's Oftlce Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
July 18,2005 (Noon.) D October 5, 2005
August 1,2005 (Noon) D October 18,2005
August 15,2005 (Noon) D November 1,2005
September 6,2005 (Noon) [gI November 15,2005
September 19,2005 (Noon)
October 3, 2005 (Noon)
October 17,2005 (Noon)
October 31,2005 (Noon)
D Administrative
[gI Consent Agenda
D Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D Unfinished Business
D Presentation
Motion to authorize execution of an agreement, by resolution, with the South Florida Water
Management District (SFWMD) to accept a $222,800 grant for the construction of Aquifer
Storage and Recovery Well #2 (ASR-2).
EXPLANATION:
On April 6, 2004, City Commission approved and executed a grant agreement with the SFWMD
for $300,000 for costs associated to the City's ASR-2 project. The SFWMD again offered funding
for the 2006 fiscal year under the Alternative Water Supply Funding Program (A WS). The
Utilities Department submitted a grant application under this program and was approved for
$222, 800 on October 20, 2005.
PROGRAM IMPACT:
The construction of the City's ASR-2 well is in progress. The impact of this program is that a
larger portion of the A WS costs will now be paid be paid by the SFWMD.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
FISCAL IMPACT:
The construction contract for the ASR-2 was approved by City Commission on April 5, 2005 and
awarded to Southeast Drilling Services, Inc. for $2,766,055. The combined SFWMD grant
funding for the ASR #2 project is $ 522,800 or 18.90% of the construction cost.
Funds are available in Utilities account #403-5000-590-96-10 WTR093.
ALTERNATIVES:
The only alternative would be for the City to pay 100% of the project costs from Utilities
Department funding.
/;1'1...("0 i-
Kofi Boateng,
Director of Utilities
Kurt Bressner,
City Manager
Utilities
Department Name
City Attorney I Finance I Human Resources
Attachment - Exhibit' A'
bc: Kofi Boateng, Director of Utilities
.wpete Mazzella, Deputy Utilities Director
-, "V Paul Fleming, Senior Project Manager
Barb Conboy, Manager, Utilities Administration
PMT IFile
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION R 05-
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, PALM BEACH COUNTY,
5 FLORIDA, AUTHORIZING THE MAYOR AND CITY
6 CLERK TO EXECUTE AN AGREEMENT WITH THE
7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
8 TO ACCEPT A $222,800.00 GRANT FOR THE
9 CONSTRUCTION OF AQUIFER STORAGE AND
10 RECOVERY (ASR-2) WELL #2; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, On October 20, 2005, the City of Boynton Beach was approved for a
14 grant from the South Florida Water Management District in the amount of $222,800.00
15 under their Alternative Water Supply Funding Program, to assist in funding costs associated
16 with the construction ofthe City's ASR-2 Well; and
17 WHEREAS, the City Commission of the City of Boynton Beach upon
18 recommendation of staff, deems it to be in the best interest of the citizens of the City of
19 Boynton Beach to accept the Grant from the South Florida Water Management District and
20 authorizes the Mayor and City Clerk to execute the Grant Agreement;
21 NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH OF PALM BEACH COUNTY, FLORIDA,
23 THAT:
24
Section 1:
The foregoing "Whereas" clauses are hereby ratified and confirmed as
25 being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27
Section 2.
The City Commission of the City of Boynton Beach, Florida hereby
28 accepts the South Florida Water Management District Grant in the amount of $222,800.00,
29 for the construction of Aquifer Storage and Recovery Well #2 (ASR-2).
S:\CA\RESO\Grants\SFWMD - ASR Wells #2.doc
1
Section 3:
This Resolution shall take effect immediately upon adoption.
2
PASSED AND ADOPTED THIS _ DAY OF November, 2005.
3
4
5
6
7
8
9
10
11
12
13
14
15
16 ATTEST:
17
18
19 City Clerk
20
21
22
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:ICA lRESOIGrantslSFWMD - ASR Wells #2.doc
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2005 - 2006 ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM
Fax No:
(561) 742-6298
Recipient:
City of Boynton Beach
Recipient's Project Manager:
Paul Fleming
Address:
124 East Woolbright Road
Boynton Beach, FL 33435
Telephone No: (561) 742-6487
SFWMD Project Manager:
Rick Nevulis
Telephone No.: (561) 682-6242
Fax No.:
(561) 681-6264
Contract Specialist:
Bernadette Harrison
Telephone No.: (561) 682-6378
Fax No.:
(561) 682-5587
Address:
P,O. Box 24680
3301 Gun Club Road
West Palm Beach, FL 33416-4680
Insurance: Not A licable
Federal Employer Identification Number:
59-60000282
Project Title: City of Boynton Beach - AWS FY2006
Descri tion: A uifer Storage and Recovery Well No.2 (ASR-2)
Agreement No. DG061149, Page 10f9
This Agreement is entered into between "the Parties," the South Florida Water Management
District, the "District", and the undersigned party, hereinafter referred to as the "Recipient."
The Recipient warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by all
legal, financial and reporting requirements, such as matching funds and final reports for all
funding received by the Recipient from the District.
ARTICLE I-PROJECT
1,1 The Recipient shall, to the satisfaction of the District, fully and timely construct and
perform all work items described in the "Statement of Work," attached hereto as Exhibit
"A", hereinafter referred to as the "Project", and made a part of this Agreement.
1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District, any
supporting documentation utilized as a basis for payment by the District. This paragraph
shall survive the expiration or termination of this Agreement.
1.3 Attached to this Agreement are the following exhibits which are incorporated herein:
Exhibit A
Exhibit B
Exhibit C
Statement of Work
Schedule of Deliver abies
Reporting Form
ARTICLE 2 - TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall commence on the last date of execution
of this Agreement, and shall terminate on the date noted on the first page of this
Agreement.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 - COMPENSATION I CONSIDERATION
3.1 As consideration for the Project required by this Agreement, the District shall pay the
Recipient the funding amount as specified on page one of this Agreement. Such amount
is not to exceed the specified amount and therefore, no additional consideration shall be
authorized. The Recipient shall provide at least sixty percent (60%) of the Project's
construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e),
Florida Statutes.
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A". By providing funding hereunder, the District does not make any warranty,
guaranty or any representation whatsoever regarding any of the work performed hereunder,
Agreement No. DG061149, Page 2 of9
including but not limited to, the adequacy or sufficiency of all or any part of work
described in Exhibit "A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
research, design and permitting aspects of the project. District funds shall only be used for
the construction activities described in Exhibit "A".
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion and acceptance of the
final deliverable(s) as described in the "Schedule of Deliverables", attached hereto as
Exhibit "B". On or before August 1, 2006, the Recipient shall provide a completed
Reporting Form, attached hereto as Exhibit "C". Concurrent with delivery of the final
deliverable, the Recipient shall provide certification that all construction has been
completed in accordance with Exhibit "A" of this Agreement.
4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent
to the Contract Specialist at the address stated on the first page of this Agreement. The
Recipient shall not submit an invoice to any other address at the District.
4.3. Upon completion of the project, any data that was generated during the performance of the
project shall be submitted to the District upon request.
New Well Construction Proiects: For projects involving construction of new wells, the
Recipient shall:
1. Submit design of well construction and testing programs to the District for review and
comment prior to implementation. The Recipient shall integrate the District's
comments into the final testing plan where feasible.
2. Submit all pertinent well information collected during well construction and testing
(i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc,), as available.
Submissions shall be provided electronically as specified by the District.
The data will be archived in the District's permanent database and available to the public.
Please contact Anthony Larenas at (561) 682-2643, alarenas@sfwmd.gov or Emily
Richardson (561) 682-6824, for instructions on submitting data.
4.4 The Recipient shall provide to the District regular project update/status reports by
December 1,2005; February 1, 2006; April 1, 2006 and June 1,2006. Reports will provide
detail on progress of the project and outline any potential issues affecting project
completion or overall schedule. Status reports may be submitted in any form agreed to by
District project manager and the Recipient, and may include emails, memos, and letters.
4,5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall
provide an annual status update to the District detailing the progress of the project.
Agreement No. DG061149, Page 3 of9
ARTICLE 5 - CONTRACT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the Project Manager for attempted resolution or action, The
Project Manager shall be responsible for overall coordination and oversight relating to the
performance of this Agreement.
5.2 All notices, demands or other communications regarding this Agreement, other than those
set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both
the Project Manager and the Contract Specialist noted on the first page of this Agreement
by certified mail, return receipt requested.
5.3 Should either Party change its address, written notice of such new address shall promptly
be sent to the other Party.
5.4 All correspondence to the District under this Agreement shall reference the District's
Agreement Number,
ARTICLE 6 - TERMINATION / REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring recipients
to materially perform in accordance with the terms and conditions of the Agreement. In
accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material
Breach" is defined as any substantial, unexcused non-performance by failing to perform an
act that is an important part of the transaction or performing an act inconsistent with the
terms and conditions of the Agreement.
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwarding a Cure Notice citing the specific
nature of the material breach. The Recipient shall have thirty (30) days to cure the breach.
If the Recipient fails to cure the breach within the thirty (30) day period, the District shall
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of
the Florida Administrative Code in making a determination as to whether a Recipient
should be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District shall be entitled to recover
procurement costs in addition to all other remedies under law and/or equity,
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District shall determine that such termination is in
Agreement No. DG061149, Page 4 of9
the best interest of the District. Any such termination shall be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties. The mediation process shall be confidential
to the extent permitted by law.
6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right
to terminate this Agreement immediately without notice in the event any of the
representations contained in the Project Proposal are found to be false or if the Recipient
fails to complete the construction and performance of all work items described in Exhibit
A, Statement of Work.
ARTICLE 7 - RECORDS RETENTION
7,1 The Recipient shall maintain records and the District shall have inspection and audit rights
as follows:
(a) Maintenance of Records. The Recipient shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of
this Agreement, including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for
inspection for a period of five (5) years from completing performance and receiving
final payment under this Agreement.
(b) Examination of Records. The District or its designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) years from the date of final payment under this Agreement
and upon reasonable notice, time and place.
(c) Extended Availability of Records for Legal Disputes. In the event the District should
become involved in a legal dispute with a third party arising from performance under
this Agreement, the Recipient shall extend the period of maintenance for all records
relating to this Agreement until the final disposition of the legal dispute, and all such
records shall be made readily available to the District,
(d) Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
Agreement No. DG061149, Page 5 of9
ARTICLE 8 - STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this Agreement.
The District undertakes no duty to ensure such compliance, but will attempt to advise the
Recipient, upon request, as to any such laws of which it has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall
be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of
Florida for any claims, which are justifiable in federal court.
8.3 The Recipient shall allow public access to all Project documents and materials in
accordance with the provisions of Chapter 119 of the Florida Statutes. Should the
Recipient assert any exemptions to the requirements of Chapter 119 and related Statutes,
the burden of establishing such exemption, by way of injunctive or other relief as provided
by law, shall be upon the Recipient.
8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch or another state agency.
8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private party or federal, state, municipal or local agency, and
other governmental approvals, prior to commencing performance of this Agreement. The
Recipient agrees to comply with the terms and conditions of all permits.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age or sex, from participation in, denied the benefits
of, or is otherwise subjected to discrimination in any activity under this Agreement. The
Recipient shall take all measures necessary to effectuate these assurances.
8,7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to
provide any goods or services related to the construction of the Project contemplated
herein. Recipient also assures that it is not on the District's Suspension of Contractors
List. Recipient agrees to include a provision to this effect in all requests for proposals and
subcontracts related to construction ofthis project.
8.8 A Recipient who operates a public water supply utility shall, by June 1,2006 adopt a rate
structure that will promote the conservation of water and promote the use of water from
alternative water supplies and shall provide the District with a copy of such adopted rate
structure on or before August 1, 2006.
8.9 Recipient of funds for a reuse project shall provide a status report by August 1, 2006
addressing the following issues: (1) accounting of reclaimed water usage and method used
Agreement No. DG061149, Page 6 of9
(meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing
public education programs to inform the public about water issues, water conservation and
the importance and proper use of reclaimed water; and (4) providing the District with the
location of each reuse facility owned by the Recipient.
8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of
contract execution. After construction is completed on the project, the Recipient shall
continuously operate the project as described in the project proposal and consistent with the
applicable water use permit(s). In the event the project is not operated in accordance with
these requirements, the District may cease funding for this project and any future projects
proposed by the Recipient. All other provisions of this contract shall terminate on
September 30, 2006.
8.11 Recipient shall implement a public education program to inform the public about the
environmental and other public benefits of the Alternative Water Supply project, and shall
provide the District with a copy of such public education program on or before August 1,
2006.
ARTICLE 9 - INDEMNIFICATION AND INSURANCE
9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify,
save, and hold the District, its officers, directors, board members, agents, assigns, and
employees harmless from liabilities, damages, losses, and costs, including but not limited
to reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of the Recipient and other persons employed or utilized by
the Recipient in the performance of the Agreement. The District shall have the right to
approve counsel selected by the Recipient to defend the District in the event the District is
named in any legal action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees
and employees with the terms of this Agreement. This paragraph shall survive the
expiration or termination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall be
considered an employee or agent of the other party, Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor
between the parties and their respective employees, agents, subcontractors, or assigns
during or after the performance of this Agreement. Both parties are free to enter into
contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as
set forth in this Agreement without the prior written consent of the District. Any attempted
assignment in violation ofthis provision shall be null and void.
Agreement No. DG061149, Page 7 of9
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit
of the Recipient and the District. No person or entity other than the Recipient or the
District shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as third party beneficiary or otherwise,
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be
held liable for any failure or delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather,
outbreak: of war, restraint of government, riots, civil commotion, force majeure, act of God
or for any other cause of the same character, which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance of such circumstances, but this Agreement shall otherwise remain in
effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this
Agreement specifies that performance by the Recipient is specifically required during the
occurrence of any of the events herein mentioned.
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence III the
following order:
(a) Terms and Conditions outlined in Articles 1-11
(b) Exhibit "A" Statement of Work
(c) All other exhibits, attachments and documents specifically incorporated herein by
reference
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver
of any of its rights or remedies, nor shall it relieve the other Party from performing any
subsequent obligations strictly in accordance with the terms of this Agreement. No waiver
shall be effective unless in writing and signed by the Party against whom enforcement is
sought. Such waiver shall be limited to provisions of this Agreement specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute, law or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this Agreement, to the extent the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/public awareness media will be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements arising
out of this award will require prior District approval.
Agreement No. DG061149, Page 8 of9
11,7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement. The Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative. This Agreement shall insure to the benefit of and shall
be binding upon the parties, their respective assigns, and successors in interest.
11.8 This Agreement is subject to and governed by the provisions applicable to it contained in
sections and 373,0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No.
2005-291 (SB 444, Laws of Florida).
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
(Project shall start upon execution date ofthis Agreement.)
S Procurement Approved:
B. /~ 1CILdtitc 4(( tt {..ic ^- Date: / {" / /7 J 0.(
I I
SFWMD Office of Counsel Approved:
By:
Date:
Recipient's Legal Name:
By Authorized Official:
Title:
Date:
Agreement No. DG061149, Page 9 of9
EXHIBIT" A"
STATEMENT OF WORK
City of Boynton Beach - Aquifer Storage and Recovery Well No.2 (ASR-2)
BriefProiect Description:
The project involves construction of an additional Aquifer Storage and Recovery (ASR) well at
the City's East Water Treatment Plant site on Woolbright Road in Boynton Beach. The City
already operates an ASR well at the same site and that well has the capability of storing 230
million gallons a year of treated drinking water.
The City's second ASR well, which is the project described in this application, consists of two
casings to be installed. A 34-inch outside diameter steel surface casing to approximately 400 feet
and a final 24-inch outside diameter fiberglass FRP casing to approximately 800 feet. Upon
completion, the well will be capped. The total depth of the well is anticipated to be at 900 feet.
This well will be operated in the same fashion as the existing ASR well.
The City of Boynton Beach (City) operates two surficial aquifer well fields (East and West), and
two corresponding water treatment plants (WTPs), to generate its drinking water supply. The
South Florida Water Management District (District) issued Water Use Permit (WUP) No. 50-
0049- W for groundwater production from these two wellfields. The permit allows the City to
withdraw groundwater from the surficial aquifer at an average rate of 14.6 million gallons per
day (mgd), with maximum withdrawals peaking at a rate of20.4 mgd. The East WTP treats
groundwater from the East Wellfield using lime softening, sedimentation, filtration, and
chlorination. The West WTP provides filtration, membrane treatment, degasification, and
disinfection.
The City's East Wellfield contains 20 active wells installed in the surficial aquifer. These wells
range in depth from 50 to 175 feet below land surface (bls) and provide high-quality water.
However, the East Well field is susceptible to saltwater intrusion because of its proximity to the
Intracoastal Waterway. The East WTP has a capacity to treat more than 19 mgd, but pumping in
the East Wellfield is restricted to only 5 mgd to prevent saltwater intrusion.
In 1994, the City constructed their first ASR well at the east WTP to meet drinking water needs
during periods of high demands, including drought conditions. The ASR well has proved to be a
valuable resource to balance water demand and supply. The well stores up to 230 million gallons
of treated drinking water on an annual basis during periods of low demand and high water
availability. Currently, the City is recovering up to 2MGD during periods of high demands. This
operation enables the City to reduce groundwater pumpage from the East wellfield which in turn
reduces the potential for increased salt water intrusion.
The decision to construct additional ASR capacity at the East Water Treatment Plant is driven by
the City's desire to further protect the surficial East Well field from salt water intrusion by
reducing pumpage from the well field during periods of high demand and/or draught conditions.
Wellfields located in the extreme eastern portion of Palm Beach County are susceptible to salt
water intrusion when the water table is lowered through high demand and high rate pumping or
through natural conditions such as draught. Salt water intrusion into the East Wellfield could
potentially lower the quality of water produced from the wells to the point that the existing lime
softening treatment at the East Water Treatment Plant would no longer be adequate to treat the
Exhibit "A" to Agreement No. DG061149, Page 1 of 2
water. Should this happen, the East Wellfield would potentially have to be abandoned or the
East Water Treatment Plant would have to be converted to membrane treatment processes, both
of which would result in a significant financial output from the City. While the City may
ultimately go to membrane treatment at the East Water Treatment Plant in the future, converting
the plant would be very expensive. Should the City eventually convert the East Water Treatment
Plant to membrane treatment, the ASR wells could potentially be converted to Floridan Aquifer
supply wells, thus, eliminating or significantly reducing the City's dependency on the Surficial
Aquifer for water supply.
Activities, projects or studies that were completed indicating the need for this project:
The feasibility of this project has been confirmed by the CH2M HILL August 1999 report
Evaluation of Water Supply and Water Treatment Options Aquifer Dependability Study, 2001.
Exhibit "A" to Agreement No. DG061149, Page 2 of2
EXHIBIT "B"
SCHEDULE OF DELIVERABLES
Total payment by the District to City of Boynton Beach shall not exceed the amount of
$222,800.00. Payment shall be made following receipt and acceptance by the District of project
deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to
provide the District all deliverables, data and information described in the Statement of Work.
Invoices for completed deliverables shall be submitted to the District for payment by April 1,
2006 and/or August 1, 2006. However, the Recipient is encouraged to arrange for deliverable
inspection and invoice as soon as a deliverable has been completed.
Reporting requirements are also part of this exhibit. The Recipient shall provide regular project
update/status reports by December 1, 2005; February 1, 2006; April 1, 2006 and June 1, 2006.
Reports will provide detail on progress of the project and outline any potential issues affecting
project completion or overall schedule. Status reports may be submitted in any form agreed to by
the District project manager and the Recipient, and could include emails, memos, and letters.
Invoice
Date
1 Status Report N/A December 1, 2005 N/A
2 Status Report N/A February 1,2006 N/A
3 Status Report N/A April 1, 2006 N/A
4 Status Report N/A June 1,2006 N/A
5 Construction of ASR Well No.2 August 1,2006 N/A $222,800.00
6
Annual Status Report
N/A
September 30, 2006 N/ A
TOTAL SFWMD PAYMENT
$222,800.00
Exhibit "8" to Agreement No. DG061149, Page 1 of 1
EXHIBIT "C"
REPORTING FORM
Project Summary Final Report - FY 2006
Project Name
Project Manager
SFWMD Contract Number
Project Owner
Describe Project constructed:
.... ...<<.
Type of Quantity of Water Made Available
Alternative Water (MGD) Upon Completion of This Phase Construction Duration
Supply Proposed Actual Start Finish
District fundin this phase
$
$
Local funds
Other funding source
$
$
From:
$
$
TOTAL
Attach map and photo(s) of project on CD, if available
To the best of my knowledge, the above information is correct
Project Manager
Exhibit "e" to Agreement No. DG061149, Page 1 of 1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The City of Boynton Beach
EJch", bIt
'A ·
(('(
'\',
(-
Utilities Department
124 East Woolbright Road
Boynton Besch, Florida 33435
TeJephO.1le (561) 742-6400
Facsimile (561) 742-6298
September 2,2005
Ms. Jane Bucca
Alternative Water Supply Program
Water Supply Department (Mail Stop 4360)
South Florida Water Management D!strict
3301 Gun Club Road
West Palm Beach, FL 33406
Subject:
Alternative Water Supply Funding Application
City of Boynton Beach - Aquifer Storage and Recovery Well No.2
Dear Ms. Bucca:
The City of Boynton .Beach (City) is pleased to submit the Alternative Water Supply Funding
Application for the Fiscal Year 2006 as it relates to Senate Bill 444 passing during the 2005
legislative session. The enclosed original application and nine (9) copies, pJus one electronic file on
CD, describe the construction of a second Aquifer Storage and Recovery (ASR) well into the
Floridan Aquifer at the City's East WTP facility.
The City is currently dependent upon surficial water to supply its 33,466 water accounts. The City's
service area basically covers the geographic area from Hypoluxo Road south to the L-30 Canal and
from the E-3 Canal east to the Atlantic Ocean. In addition, the City maintains system
interconnections with the Village of Golf, Delray Beach, Lantana, and Palm Beach County to
provide or receive potable water during periods of emergency. Potable water is supplied to Boynton
Beach through two wellfields. The City's western wellfield is located west of 1-95 and supplies water
to the West Water Treatment Plant (WWTP). The City's Eastern Wellfield is located primarily east
of 1-95 along Woolbright Road. The East Wellfield consists of 20 wells with the center of pumping'
activities located less than one-mile from the Intracoastal Water Way. The City has currently
restricted the use of its East Wellfield; temporarily discontinuing use of 9 of the eastem wells due to
salt water intrusion. In addition, the capacity of the East Wellfield has been reduced through the
consumptive use permit issued by SFWMD to 5 million gallons per day.
The City is currently observing declining groundwater elevations and has for the past several
months observed increasing chloride concentrations in the East Wellfield monitoring well network.
Based on the City's projected water needs and the limitations of the East Wellfield, it has become
apparent that supplemental water resources are needed. In 1992, the City started their first ASR
well project at the East WTP facility and it became fully operational in 1994. The well has been fully
integrated into the water supply system since 1994 and has proved to be a valuable resource to
balance water demand with water supply. The well currently stores approximately 230million
gallons of treated drinking water on an annual basis, Two million gallons per day (MGD) can be
recovered when required to help off-set the reduced pumping at the East Wellfield.
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jane Bucca
Alternative Water Supply Program
Page 2
With the success of the existing ASR system, it is the City's is currently constructing an additional
ASR well at the East Water Treatment Plant. In this manner, groundwater that would be lost to
regional flow can be captured and stored during the wet season and recovered during dry periods
or to reduce peak flow pumpage. We believe this system will reduce demand on the surlicial aquifer
and reduce or eliminate the effects of salt water intrusion that we are currently observing.
In addition, the City is currently planning the conversion of the East Water Treatment Plant facility
from lime softening to a 20 MGD finished water low pressure reverse osmosis WTP facility, as part
of the 2009 East WTP build out plan. When the conversion occurs, the ASR wells currently being
installed could be converted to Floridan Aquifer supply wells at little additional cost.
In summary, we believe the City is unable to meet the projected demand growth relying exclusively
on surlicial aquifer water. In order to reduce dry period pumpage from the surlicial aquifer, the City
of Boynton Beach proposes to install the second additional ASR well at the East Water Treatment
Plant. The addition of thisASR well will provide the following benefits:
· Capture additional groundwater flow during the wet season that would be lost to regional
groundwater flow.
· Reduce peak pumpage rates from the surlicial aquifer during periods of peak demand.
· Reduce potential for saltwater intrusion by maintaining groundwater elevations.
· Provide emergency storage.
When the City converts the East Water Treatment Plant to low pressure reverse osmosis treatment
(ultimate completion in 2012) and the new ASR well will be convertible (if needed) to a Floridan
Aquifer supply well. Additionally, the following benefits are also experienced:
· The potential for surlace-initiated contamination is lower for the Floridan Aquifer.
· Eliminates the concern over saltwater intrusion in the existing surlicial aquifer wells and
surrounding areas,
· Development of the Floridan Aquifer complies with the SFWMD statement that "The
Floridan Aquifer appears to be a promising source for additional potable water...".
Construction of the second ASR well provides many benefits to the utility, to the City's customers, .
and is fully consistent with the SFWMD's mission, responsibilities, and goals. Construction of the
second Floridan Aquifer ASR well follows the SFWMD's own comments regarding the 2000 Lower
East Coast Water Supply Plan: "The Floridan Aquifer appears to be a promising source for
additional water needs". This project is also consistent with the City of Boynton Beach's
Comprehensive Plan.
On behalf of the City, CH2M HILL has provided engineering services for the design, permitting, bid
and award phase services, and are currently providing services during construction for the ASR No.
2 project. Construction started in May 2005 with the construction contract awarded to the most
responsible, lowest bidder Southeast Drilling, Inc.
Am~~s~ro~yw~e~~~~m
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Ms. Jane Bucca
Alternative Water Supply Program
Page 3
This proposal was prepared by, and on behalf of, the City of Boynton Beach, without collusion with
any other person or entity submitting an application pursuant to the Funding Program.
The following individuals are authorized to make representations on behalf of the City of Boynton
Beach:
Kofi Boateng
Utilities Director
124 East Woolbright Road
Boynton Beach, FL 33435
(561) 742-6401
The City of Boynton Beach is committed to meeting the needs of both current and future customers,
and looks forward to entering into a cooperative agreement with the District for Construction of the
second Aquifer Storage and Recovery Well at the East WTP Facility.
Please do not hesitate to give me a call if you have any questions, or if we can be of further
assistance,
Sincerely,
CITY OF BOYNTON BEACH
Koi" ~~o-::-
Kofl Boateng . .~
Utilities Director
C: Kurt Bressner, City Manager
Paul Fleming, Senior Project Manager
Grethe McLaughlin, CH2M HILL
America s Gateway to the Gulfstream
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION 2
Alternative Water Supply Funding Forms
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Alternative Water Supply Funding for FY2006
Instructions for Providing Information
The attached forms must be completely filled out with responsive statements. This
information request is a Microso:ft@Wordfile. Type responses below the
appropriate number. Please include all requested documents, arid provide complete
answers to all questions.
The items requested must appear in the order that they are requested. The
Acknowledgement Form must be signed by a responsible party representing the
entity responding.
Failure to properly complete the forms or answer questions may result in a project
not being considered for funding. If a question is not applicable to your facility or
project, please say so, rather than just skipping the question.
While complete responses are important, please be brief and concise. Although it is
not required, if you so desire you may include a separate one or two page
supplement further explaining the project.
Please provide an electronic copy in Microsoft@Omee Word format ofthe responses to this
information request, as well as 10 paper copies. Excerpts from existing documents, such as
permits, can be in hard copy only.
The completed form must be received on or before 3:00 pm on September 2, 2005
and should be addressed to:
Alternative Water Supply Program
Attention: Ms. Jane Bucca
Water Supply Department (Mailstop 4360)
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
(561) 682-6791
(800) 432-2045, ext 6791
..
CVO\052440018
Page 1 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Project Summary
Aauifer Storaee and Recoverv Well No.2 (ASR-2)
Project Name
Paul Flemine
Project Manager
City ofBovnton Beach
Project Owner
124 East Woolbrieht Road. BOYnton Beach. FL 33435
Address
Palm Beach County
County where project is located
(56!) 742-6487
Telephone
(56!) 742-6298
Fax
Flemine:P@ci.bovnton-beach.fl.us
Email
Lower East Coast
Water Supply Planning Region
Alternative Water Source:
(check the applicable boxes)
o Seawater
o Brackish water from _ aquifer
~ Sources made available through new storage capacity:
~ Aquifer Storage & Recovery (ASR)
o Above ground impoundment
o Reclaimed water
o Other source designated as non-traditional in a water supply plan
(List source, page # and water supply plan title where source is identified)
"~P'~"'~'(" , . , '-.: f ~..11 .~. ~3~:~' ',~ -.~? (' "
.' [;.'~ . -:1' ~ ~ ~ . : . .. . . - "~. --. '"
Quantity of Water
Made Available StartlFinish
(MGD) Date Cost
This Total This Phase Total Project Total
Phase Proiect FY06 PrQiect
3.5 MGD 3.5 MGD May05/April06 May05/April06 Planning- $0 $12,646
Desilm $0 $93,431
Ewrineering- $120,755 $221,755
.
Construction $1,307,500 $2,996,000
Total $1,428,255 $3,323,832
Brief Project Description:
The project involves construction of an additional Aquifer Storage and Recovery
(ASR) well at the City's East Water Treatment Plant site on Woolbright Road in
Boynton Beach. The City already operates an ASR well at the same site and that well
has the capability of storing 230 million gallons a year of treated drinking water.
CVO\052440018
Page 2 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The City's second ASR well, which is the project described in this application,
consists of two casings to be installed. A 34-inch outside diameter steel surface casing
to approximately 400 feet and a final 24-inch outside diameter fiberglass-reinforced
pipe (FRP) casing to approximately 800 feet. Upon completion, the well will be
capped. The total depth of the well is anticipated to be at 900 feet. This well will be
operated in the same fashion as the existing ASR well.
CVO\0524400J 8
Page 3 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
Project Background and Supporting Information
Please clearly and briefly answer the following questions and provide supporting
information.
1. Project Background: Please describe the reason the project is being
undertaken, and what activities, projects or studies were completed indicating the
need for this project.
Reason For This Proiect:
The City of Boynton Beach (City) operates two surficial aquifer well fields (East and
West), and two corresponding water treatment plants (WTPs), to generate its
drinking water supply. The South Florida Water Management District (District)
issued Water Use Permit (WUP) No. 50-0049- W for groundwater production from
these two well fields. The permit allows the City to withdraw groundwater from the
surficial aquifer at an average rate of 14.6 million gallons per day (mgd), with
maximum withdrawals peaking at a rate of 20.4 mgd. The East WTP treats
groundwater from the East Wellfield using lime softening, sedimentation, filtration,
and chlorination. The West WTP provides filtration,. membrane treatment,
degasification, and disinfection.
The City's East Wellfield contains 20 active wells installed in the surficial aquifer.
These wells range in depth from 50 to 175 feet below land surface (bls) and provide
high-quality water. However, the East Wellfield is susceptible to saltwater intrusion
because of its proximity to the Intracoastal Waterway. The East WTP has a capacity
to treat more than 19 mgd, but pumping in the East Wellfield is restricted to only
5 mgd to prevent saltwater intrusion.
In 1994, the City constructed their first ASR well at the East WTP to meet drinking
water needs during periods of high demands, including drought conditions. The
ASR well has proved to be a valuable resource to balance water demand and supply.
The well stores up to 230 million gallons of treated drinking water on an annual
basis during periods of low demand and high water availability. Currently, the City
is recovering up to 2 mgd during periods of high demands. This operation enables
the City to reduce groundwater pumpage from the East Wellfield, which in turn
reduces the potential for increased salt water intrusion.
The decision to construct additional ASR capacity at the East WTP is driven by the
City's desire to further protect the surficial East Wellfield from salt water intrusion
by reducing pumpage from the well field during periods of high demand and / or
drought conditions, Wellfields located in the extreme eastern portion of Palm Beach
County are susceptible to salt water intrusion when the water table is lowered
through high demand and high rate pumping or through natural conditions, such as
CYO\052440018
Page 4 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
drought. Salt water intrusion into the East Wellfield could potentially lower the
quality of water produced from the wells to the point that the existing lime softening
treatment at the East WTP wouldno longer be adequate to treat the water. Should
this happen, the East Wellfield would potentially have to be abandoned or the East
WTP would have to be converted to membrane treatment processes, both of which
would result in a significant financial output from the City. While the City may
ultimately go to membrane treatment at the East WTP in the future, converting the
plant would be very expensive. Should the City eventually convert the East WTP to
membrane treatment, the ASR wells could potentially be converted to Floridan
Aquifer supply wells, thus eliminating or significantly reducing the City's
dependency on the surficial aquifer for water supply.
Activities. Droiects or studies that were comDleted indicati1Ul the need for this Droiect:
The feasibility of this project has been confirmed by:
· Evaluation of Water Supply and Treatment Options, CH2M HILL 1999
· Aquifer Dependability Study, CH2M HILL 2001
· Population Projection and Growth Development, City of Boynton Beach, 2005
2. This program for fiscal year 2006 is for uroiects or proiect phase which
CAN FINISH construction by Au~st 1. 2006. List all permits required to begin
. construction. Does this project have the necessary permits to begin construction by
October 1, 2005? Please provide a copy of the cover letter, the first 5 pages and
signature page of all permits that are required to begin construction.
All required permits for this phase of the project have been obtained. Permits are as
follows:
· Palm Beach County Health Department
· Florida Department of Environmental Protection (FDEPJ Underground
Injection Control MC) permit
Copies of all obtained permits are provided in Attachment A
3. Has the construction contractor been selected? If so, please identify the
construction contractor. If not, when will the contractor be selected?
The construction contractor has been selected and the most responsive, lowest bidder
was Southeast Drilling, Inc. This project is being constructed using the same
contract as for the East Plant Expansion (EPX) wellfield test wells (i.e., the two
CVO\052440018
Page 5 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
projects have been combined to provide cost efficiencies for CM services). A copy of the
Notice to Proceed is provided in Attachment B.
4. Please provide the first 5 pages and the signature page of any agreements
that are required for this project including agreements for the use or access to real
property and any agreements with reclaimed water recipients.
The City of Boynton Beach owns the property proposed for the project site. Therefore,
this project will not require agreements to access property.
Agreements with reclaim water recipients will be in place after October 1, 2005. At
that time the City of Boynton Beach will be assuming ownership and operating
responsibility for the reclaimed water transmission system from the South Central
Regional Wastewater Treatment and Disposal Board. The transfer of ownership will
include assignments of the agreements with:
· Village of Golf
· Delray Dunes
· Pine Tree Country Club
· Quail Ridge Country Club
· Quail Ridge Homeowners Association
5. Please identify other items required before this project can begin
construction.
This project is in construction and no other items are required for this project to
continue construction.
6. Is this project or type of project recommended in an existing regional water
supply plan? Please identify the recommendation number and any statements from
the plan and page numbers which support the implementation of this project.
This project is consistent with the 2000 Lower East Coast (LEC) Water Supply Plan
recommendation number 46, titled '"Water Supply Development" page 328, which
supports the implementation of the project proposed under this application. Page 328
includes the following statement:
"The recommendation of this plan is that individual water users evaluate alternative
water supply sources and select the alternative, or combination of alternatives, which
best suits local conditions."
CYO\052440018
Page 6 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The proposed project under this application includes the evaluation, development,
and optimization / augmentation of alternative water supply from the Floridan
Aquifer System (FAS). This project involves construction of one additional ASR well
at the City's East WTP site. The ASR well construction consists of two casings to be
installed. A 34-inch outside diameter steel surface casing to approximately 400 feet
and a final 24-inch outside diameter FRP casing to approximately 800 feet. Upon
completion, the well will be outfitted with wellhead piping, pumps, wellhouse and
instrumentation. The total depth of the well is anticipated to be at 900 feet.
Consequently, the proposed project supports the LEC Water Supply Plan
recommendation number 46.
This project also meets the LEC Water Supply Plan requirements as discussed in the
2000 LEC Water Supply Plan, Chapter 5, where the plan "describes a number of
water source options that can form a basis for water supply development projects. These
options are available to water users to help meet their existing and future water supply
needs." Specifically, Chapter 5, page 263, Treated Water ASR which includes the
following statement:
"Treated water ASR fnvolves using potable water as injection water. Since potable water
meets the drinking water standards, this type of ASR application is more easily
permitted. There are many examples in Florida, including several in the LEe Planning
Area, of utilities using treated water ASR. These include the city of Boynton Beach ASR
facility which has been in successful operation for approximately 12 years."
Additionally, this project is consistent with the 2000 LEC Water Supply Plan
recommendation number 2, titled "Floridan Aquifer System Ground Water Model"
page 274, which supports the implementation of the project proposed under this
application. Page 274 includes the following statements:
"This recommendation is to refine the existing FAS ground water flow model using data
collected from the construction of ASR.projects associated with CERP, as well as
individual utilities with deep well injection facilities. This data would be used to reduce
data gaps, support the development and calibration of the proposed model, and evaluate
competing uses of the FAS as a water supply source."
This project supports the District goal of obtaining data to support the development
and calibration of a ground water model of the F AS. To that end, the City of Boynton
Beach has arranged collaborative meetings with the District and FDEP at the
beginning of the project to discuss the collection of data that will mutually benefit the
interests of each of the agencies with respect to the operation of the 'Boynton Beach
ASR system. Regular discussions have continued between field staff (overseeing the
construction of the second ASR and F AS wells test) and the aforementioned agencies,
ensuring that data collection needs are supported throughout the project.
CVO\052440018
Page 7 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
In addition to the 2000 LEC Water Supply Plan~ this project is also consistent with
the Gity of Boynton Beach adopted Comprehensive Plan. The construction of this
project will assist the City in achieving Objective 3C.3 Water Conservation~ which
reads:
"The City of Boynton Beach will continue to consider options to implement water
conservation such as rate structures, aquifer storage and recovery, education and reuse."
7. Please address each of the factors as provided in Section 373.1961, Florida
Statutes:
a. How does the project provide substantial environmental benefits by
preventing or limiting adverse water resource impacts?
This project will provide substantial environmental benefits by augmenting
and optimizing a portion of the City~s use of the surficial aquifer with the use
of an ASR well in the FAS as an alternative water supply. The City~s East
Wellfield has 20 surficial aquifer wells that have the capability to produce
19 mgd of very high quality raw water. However~this well field is highly
susceptible to saltwater intrusion~ during the dry season~ because of its
proximity to the Atlantic Ocean. By utilizing an additional ASR well this
project will reduce the impact on the surficial aquifer~ the Everglades~ and
the threat of saltwater intrusion. Specific benefits include:
· Reduced pumping from the East Wellfield during high derrumd and/or drought
periods will reduce the possibility oJ salt water intrusion into the wellfield.
· Storage of large volumes of treated water during the rainy season reduce the need for
well field expansions to meet peak demands.
· Groundwater that would otherwise be lost to regional groundwater flow will be
captured, treated, and stored to meet peak demands and reduce pumpage from the
East Wellfield during high demand and/or draught conditions.
· Recovery oJ stored water will allow operation oJ the East WTP to be "flatlined" even
during peak demand periods.
b. How does the project reduce competition for water supplies?
This project reduces the competition for water supplies from a currently
limited, coastal area surficial aquifer by optimizing a portion of the City~s use
of the surficial aquifer with the use of an ASR well in the F AS as an
alternative water supply.
c. Does the project bring about replacement of traditional sources in order to
help implement a minimum flow or level or a reservation? Identify the
CVO\052440018
Page 8 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
traditional source being replaced and any minimum flow or level or
reservation the alternative source is helping to implement. Explain.
This project brings about replacement of portions of the City's use of the
traditional surficial aquifer by utilizing the FAS. As a result, the use of an
alternative water source supports the implementation of the surficial aquifer
and the Everglades minimum flow or level by reducing the needs for regional
surface water deliveries. The project further maximizes a traditional source
(the surficial aquifer) during the rainy season so that the same source will be
used on a minimal basis during the dry season. Thus, preventing overuse of
the resource during the dry season and protecting against salt water
intrusion and degradation of the surficial aquifer.
d. Is the project going to be implemented by a consumptive use permittee
that has achieved the targets contained in a goal-based water conservation
program approved pursuant to s. 373.227 Describe.
Yes, the City has implemented several water conservation programs that have
greatly contributed to reduction of per capita water use. The.water
conservation programs are as follows:
· Irrigation ordinance
. Xeriscape
· Low Flow Plumbing
· Conservation Based Rate Structure
· Unaccounted for Water Detection Program
· Sprinkler System Rain Sensors
· Public Education Program
· Potable Water Interconnects
· WTP Filter Backwash Recycling System (at the East WTP)
· Reclaimed Water Program (to be implemented in October 2005)
e. Describe the quantity of water supplied by the project as compared to its
cost. Provide a calculation showing the average annual daily quantity of
water supplied by the project divided by the cost of the project.
The quantity of water to be supplied from the FAS ASR well at project
completion, which includes the construction and operation of one additional
ASR well in the FAS, is 5.5 mgd (average annual day over 5 months). Supply
will be from two ASR wells. Estimated project construction costs as outlined
is $3.323M (i.e., equivalent to $0.60/ gal). Based on a life expectancy of at
least 20 years for the wells, the annualized costs are estimated to be $.03/ gal.
CYO\052440018
Page 9 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
f. Is the construction and delivery to end users of reuse water a major
component?
This project does not include delivery to end users of reuse water.
g. Is the project going to be implemented by a multi jurisdictional water
supply entity or regional water supply authority? Show documentation
creating the entity.
This project will be implemented by the City of Boynton Beach. There are no
multijunsdictonal entities involved as of today.
h. Is the project part of a plan to implement two or more alternative water
supply projects, all of which will be operated to produce water at a uniform
rate for the participants in a multi jurisdictional water supply entity or
regional water supply authority? Describe.
This project is part of a plan to implement two alternative water supply
projects, all of which will be operated to produce at an uniform rate for the
City of Boynton Beach customers.
In addition to ASR-2, the City is planning on developing an FAS well field
located further west (west of 1-95 parallel to Congress Avenue). This proposed
wellfield will withdraw approximately 26 mgd of brackish groundwater
pumped via new raw water piping to a new RO treatment plant located on
the East WTP. The first phase of this project is the construction of two test
sites located at the northern and southern extremes of the wellfield to
determine aquifer properties so.that detailed design for the well field and RO
plant may be completed. (This project is currently in construction.)
i. Identify the percentage of project costs to be funded by the water supplier
or water user.
The City of Boynton Beach will fund 100 percent of their portion under this
grant application guidelines. The City's funds are already allocated through
an existing bond program and identified in the City's Capital Improvements
Program.
j. Provide sufficient information to demonstrate that the project or phase can
be completed on or before August 1, 2006.
CVO\052440018
Page 10 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
The construction phase of this project will be completed prior to August 1,
2006. A detailed schedule is provided in Attachment C. The following
highlights the major mile stones:
Design
Permitting
Bid / Award
Construction
completed
completed
May 10, 2005
May 2005 through April 01,2006
k. Is the project a subsequent phase of an alternative water supply project
that is underway? Describe. Has this project received funding from
SFWMD in prior years? If so, please provide the contract number for
funding.
The first well was constructed and put in operation in 1994. This project will
become the second ASR well installation at the East WTP site. The project
received approval for funding at project completion from the SFWMD in April
of 2004 in the amount of $300,000 under the District's former alternative
water supply grant program (Contract Number DG040186).
1. For local government utilities: Describe whether and in what percentage
the utility is transferring water supply system revenues to the local
government general fund in excess of reimbursements for services received
from the general fund, including direct and indirect costs and legitimate
payments in lieu of taxes. Provide a copy of the utility's annual report or
other document and indicate where in the report or document it shows the
disposition of utility water system revenues.
A portion of the 2004-05 Utility budget is provided in Attachment D. The
transfer of operating funds from the Utility Fund to the General Fund, for
other than direct operating costs (such as vehicle maintenance, fuel,
insurance, etc.), is shown on page 248. This fee amounts to less than
10 percent of water, wastewater, and storm water revenues.
8. For utilities: Please provide a copy of your rates for wholesale and retail
utility customers. Explain how your rates promote water conservation
and the use of alternative water supplies in accordance with Section
373.1961(3)(j), Florida Statutes. Are certain customer groups provided
water from distinctly different water sources? If so, do customers using
alternative water sources pay a different rate from those customers using
traditional sources?
A copy of the rate structure is provided in Attachment E, illustrating the
three escalating rate blocks for potable water users. At this time, reclaimed
CVo\052440018
Page 11 of 14
-'-"0_'___.. .__"'__'__n.___.. ____._u___ _~_____
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
water is not part of the rate structure, but we anticipate that a formal rate will
be adopted subsequent to the ownership of the existing reclaimed water system
from the Regional Board on October 1, 2005.
FOR REUSE PROJECTS:
9. Pursuant to subsection 373.1961(4),f.s., show that reclaimed water use is
metered for all uses, and that rate structures are implemented based on actual use
of reclaimed water for all uses; and that education programs are in place to inform
the public about water issues, water conservation and the importance and proper
use of reclaimed water.
The project under this application does not have a reclaimed water component.
Therefore, this question is not applicable.
For utilities in Palm Beach. Broward. Miami-Dade counties:
10. Please provide the following information in electronic format, such as shape
files or AutoCad.
a. Existing and future wastewater service area boundary.
The City's existing wastewater service area boundary is included in
Attachment F. An electronic file also provided. The City does not anticipate
any changes to their service area.
b. Existing and proposed reclaimed water distribution lines with size.
For existing and proposed reclaimed water distribution lines please refer to
Attachment G- Existing and Proposed New Reclaimed Water End Users
(Reclaimed Water Master Plan, Mathews Consulting, 2005).
c.Existing and proposed reclaimed water end users.
Existing reclaimed water end users:
· Village of Golf
· Delray Dunes
. Pine Tree Country Club
· Quail Ridge Country Club
· Quail Ridge Homeowners Association
Provosed Reclaimed Water End Users:
CVO\052440018
Page 12 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
With the newly developed Reclaimed Water Master Plan (Mathews
Consulting, 2005), potential reclaimed water end users are being evaluated
and finalized.
11. Please provide a list and brief description of any other alternative water
supply projects you anticipate you may undertake within the next five (5)
years_ This information is for District planning purposes only.
No other alternative water supply projects are proposed relating to the ASR
facility, but projects will be ongoing for the East Plant Expansion (EPX) project.
The EPX project summary is provided in Attachment H.
CVO\052440018
Page 13 of 14
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
South Florida Water Management District
FY 2006 Alternative Water Supply Funding Program
ACKNOWLEDGEMENT
Before me, the undersigned authority, personally appeared,
_Kofi Boateng , ("Authorized Representative of the project owner) this
_second day of _September , 2005, who, first being duly sworn, as required by law,
hereby acknowledges:
1) The statements contained in this project information package are true, correct and complete to the best
of hislher knowledge and that the undersigned has the authority from the project owner to make the
representations contained herein.
2) The undersigned represents that the described phase of this construction project will be completed on
or before August 1, 2006.
3) The undersigned represents t~the project Nf..ner intends to begin construction of the alternative
water supply project by this ~ day of q I ,in the year ~S--:
4) The undersigned represents that the project owner understands the alternative water supply project
must be completed and invoiced by August 1, 2006 and further understands that if construction is not
completed by August 1, 2006, the South Florida Water Management District reserves the right to
rescind alternative water supply funding for fiscal year 2006.
STATE OF _Florida
COUNTY OF Palm Beach
~~-
Kofi Boateng
rint Name
By: Project Owner's Representative
SWORN T and subscribed before me _second_ day of _September
,2005.
Suc erson{s) (Notary Public must check applicable box):
slare personally known to me.
1 produced a current driver Iicense(s).
[l produced as identification:
(NOTARY PUBLIC SEAL)
~1\ I<aren TRlMIey
. ~j My Comm/SSIOn ODQ81OS2
~ Of r-;/ expires May 13, 2006
CYo\0524400 19
Page 14.of14
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\tl
VI.-CONSENT AGENDA
ITEM C.5.
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November 1, 2005 October 17, 2005 (Noon)
D September 20, 2005 September 6, 2005 (Noon) [gI November 15, 2005 October 31, 2005 (Noon)
D Administrative 0 Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unftnished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: A motion to ratify an emergency contract for debris removal services after Hurricane
"Wilma" at the Municipal Golf Course. The total expenditure is: $145,000.00 to Justin Industries.
EXPLANATION: The Municipal Golf Course obtained (6) written quotes for Hurricane debris cleanup and Justin
Industries was the lowest quote at $145,000.00. This service includes the removal of any and all downed trees and > :~:.-,
stumps grinding into mulch and removal from our facility. In addition it includes removing any broken or f!!l...nging! _~f
branches that could potentially become a hazard. (_;~ '
K,:'-"_
I
PROGRAM IMPACT: Each day the golf course remains closed cost $5,000.00 - $7,000.00 per day in lost rev.e:nue.
FISCAL IMP ACT: This cost is eligible for reimbursement from FEMA per attached e-mail from Freda DeFQsse,
~'i'ta:;:~ ia,~ '~'
Assista t to the Finance Director City Manager's Signatur
.. _.~-<
r'" .'_"'
.,;0:'
,.- I"'"
c")~
.,.'.~ ,.,..,..
i'ICJ
:x:
Procurement Services
S:\BULLETIN\FORMSIAGENDA ITEM REQUEST FORM.DOC
C: Freda De Fosse - Assistant Golf Course Manager
File
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
RESOLUTION NO. R 05-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AWARD AND EXECUTION OF AN
EMERGENCY CONTRACT TO JUSTIN INDUSTRIES,
INC., IN THE AMOUNT OF $145,000.00, TO PERFORM
DEBRIS CLEANUP AT THE MUNICIPAL GOLF
COURSE CAUSED BY HURRICANE WILMA; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Municipal Golf Course obtained SIX (6) written quotes for
hurricane debris cleanup; and
WHEREAS, Justin Industries, Inc., was the lowest quote at $145,000.00, which will
include removal of any and all downed trees, stumps ground into mulch, removal from the
facility and removal of any broken or hanging branches that could potentially become a
hazard; and
WHEREAS, upon recommendation of staff, the City Commission has determined
that it is in the best interests of the residents of the City to award to and execute a Contract
with Justin Industries, Inc., in the amount of $145,000.00 to perform debris cleanup on golf
course caused by Hurricane Wilma.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE 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 award and authorize execution of the Contract with Justin Industries, Inc., in the
amount of $145,000.00 to perform debris cleanup on the golf course caused by Hurricane
Wilma, which is attached hereto as Exhibit "A".
Section3.
This Resolution shall take effect immediately upon passage.
41
42
S:\CA\RESO\Agreements\Justin Industries Golf Course Cleanup.doc
1 PASSED AND ADOPTED this _ day of November, 2005.
2
3 CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7 Ma~r
8
9
10
11 Vice Mayor
12
13
14
15 Commissioner
16
17
18
19 Commissioner
20
21
22
23 Commissioner
24 ATTEST:
25
26
27
28 City Clerk
~8
31
S:\CA\RESO\Agreements\Justin Industries Golf Course Cleanup.doc
Mummert, Bill
From:
Sent:
To:
Cc:
Subject:
De Fosse, Freda
Thursday, November 03,20058:15 AM
Mummert, Bill
Wahlin, Scott; Hager, Dan; Hawkins, Wilfred; LeJeune, Carisse
Hurricane Debris Removal Proposals
The golf course has obtained six written quotes (listed below, with copies being sent to you immediately via fax) to do the
hurricane debris clean-up on the golf course. The lowest quote, which we are recommending awarding the project to, is
from Justin Industries, Inc. in the amount of $145,000.00. This includes the removal of any and all downed trees and
stumps, grinding into mulch and removal from our facility. In addition, it includes removing any broken or hanging
branches that could potentially become a hazard.
Each day that the golf course remains closed costs $5,000-$7,000 per day in lost revenue.
When the FEMA representative met with Scott Wahlin last week he indicated that because our claim is not considered "an
emergency" but does qualify for reimbursement they would only approve a lump sum figure for the entire debris clean-up.
They have been advised of the lowest figure and have accepted that this amount is reasonable and will qualify for their
reimbursement program.
Justin Industries $145,000
United Contracting $146,500
Arbor Tree $170,000
Atlantic Tree $185,000
Lindell $287,250
Aries Services $321,000
ffuda
1
GOLF COURSE DEBRIS REMOVAL PROPOSALS. updated 11/02/05
.lime to Start Time to Complete
Justn Industries $145,000 2 weeks 14-30 days
United Contracting $146,500 1 week 2 weeks max.
Arbor Tree $170,000 1 week 2 weeks
Atlantic Tree $185,000
Lindell $287,250
Aries Services $321 ,COO
c::.d
00LT-S9G (ISS)
~O&~a uo~u~oa ~& ~~u~l
&9E=eo so EO ^o~
NO'.' 02 05 12:19p
JUSTIN INDUSTRIES INC
p.2
JUSTIN INDUSTRIES. INC.
P.O. Box 33401
Pal.. Beaell Garden~ FL 33420
561-790-0313 Fax 561-790-5313
Proposal
Da. Estimate .
1013112005 1914
Name J Address
Links Golf Course of Boyntea Beach
8020 Jog Road
Boyntoll Beach, Ft
742-6543
966.1700 Fax
- P.O. No. Terms JOB NAME JOB ADDRESS
TBD 2-Golf Course Jog Road
ltern Description Qty Rate Total
Scope ofWo... 2 Golf courses- 9 .oles-I'a.ily Golf 135,000.00 135,000.00
18 holet-ChampiOD Golf
Remove anyaad all downed trees and 1
stumps. grind into JIlaldl and remove
from site.
HaDd Cat BrokeIl Bnaehes /Huards 5 2,000.00 10,000.00
i
I
I
,
If lot bas standing wllter G" mum daere eoukl be additional I Total Sl"~O.OI
charges..... If aeeepting . please sip ;
UpOD sip_proposal becomes. a leplu.cI bill ding eoIItrac:tADy fees iDaarred,indudiDg domeys rees
and court costs 'Will be the responsibility .f the noa-prevailiag parly.Any iDfrastructure 011 site Jlullt lie
staked with 3'stakes & ribbooed.Halld a.UbIg lIot lodadeduDlea. specified ill eGDtraet.J'USti. Ind. is
Rot responsible for Any permits or fees.ADy eltlUlget will void this proposaLJ_tiD. Ind. IDe. as'lIlBes DO
responsibility for site work Jt~ .'~ (
\ \ . ~ ~5
E.c/
OOL.I-S96 [ISS)
~oeaB uo~u~OB ~e S~U~I
&L.E:80 SO EO ^o~
, Nov 01 05 12:28p
Perry "JIM" Dic.~
561-630-1580
p.2
UNITED CONTRACTING, LLC
8854 LAKES BL VB.
WEST PALM BEACH FL. 33412
PHONE 5'1-638-5008 FAX ~1-63f-15se
PROPOSAL
TO: The Links at Boynton Bea<;h
8020 Jog Rd,
Boynton Beach Fl. 33437
A ITN: Scott Wahlin,C.G.C.S,
Manager Golf Main1.
November I, 2005
REF: Hunicane debris clean up
We here by propose to provide 8ll1abor, equipn:ent~ disposal fees oecess:ary to ciean
up burc.ic:anc: debris from The Links at Boynton Beach Golf Course as follows;
1) Load and haul vegetative debris to staging area in main parking Lot.
2) Grind vegetative debris and reduce for loading and hauling,
3) Load and haul reduced debris to proper disposal site.
4) Provide proper disposal, including fees
1) Lump Sum
$146,500.00
NOTES:
1) All care will be taken to minimize impact from equipment on golf course.
2) Contractor not responsible for damage to golf course from clearing activities.
3) Filling of voids from stump I tree removals n~ included.
4) References and Insurance upon request
The Links at Boynton Beach
United contra~> LL. C
<t;?f J ~
~ed Title
Accepted Title
v'd
DOL.l-99G [[9SJ
~oe~a uo~u~oa ~R 5~U~l
eLE=eD so EO ^C~
Arbor Tree & Land, Inc
P.O. Box 1387
56] -965-2198
Boynton Beach, FL 33425
Proposal
DATE
NUMBER
11/112005
P-476
PROPOSAl SUBMllTED TO
Boynton Beach Golf Coorse
8020 Jog Road
Boynton Beach. Florida 33437
,.
- JOB LOCATION REP PHONE # FAX #
WH S61-459-OO15
DESCRIPTION TOTAL
GOLF COURSE CLEAN UP AND HAUL A WA Y
I
GOLF COURSE CLEANED UP AS PER FEMA REGULATIONS,
EXPOSED ROOT BALLS REMOVED.
DANGEROUS HANGfNG BRANCHES cur FROM TREES.
TREES W ANTEO TO SAVE. TO BE TAGGED BY OWNER.
ALL TREE DEBR1S HAULED TO DEP PERMrITF.D WASTE FACnJTY. 170,000.00
Sales Tax 0.00
-
"
Payments to be made as follows: Invoices reeeived by the 25th of each month an: to be paid
by the 15th of the following month. There will be a 1-1/2% service charge on past due
accounts. Any a1terlJtions or deviation from the above specifiCations involving extra costs TOTAL
will be executed only upon written orders aDd will become IUl extra dlarge over and above SI70.000.00
this proposal. This proposal is subject to acceptance within 30 days and is void thereafter at
the option ofthe undersigned. No retainage to be held by party listed above. Attorney's Fees
and Costs: For all disputes. involving this proposal whether or not litigation is commenced.
the prevailing party shall receive its attorney's fees and all cost and ClCpeD5es.
IMPORTANT NOTE: NOT RESPONSIBLE FOR DAMAGE TO UNMARKED SIGNATURE
L'NDF.RGROUN~ABLE, ETC.
f:'c,irn-o.-"""" l",if,., ""
S'd
DOLt-9SG (ISS)
~oeaa uo~u~oa ~e s~u~l
eLE=eD SO ED ^o~
)nunitt
IOffice: (561) 966-8475
I Phone: (561) 333-4606
LICENSED
.
Atlantic Tree Experts
5891 South Military Trail
Ste SA Lake Worth, Fla. 33463 _
INVOICE SUBMITTED TO
UAI~
Oc./. ;)$1> :;UJtJ ~
PHONE
.a
DATE OF PLANS
J09 NAME AND LOCATION
/:), ..4~f.J ~3eAGh
bpi F C oW'se
AS . P.
ARCHllECT
JOB PHONE
We hereby submit specifications and estimates, subject to all terms and conditions as set Iott1 on both sides, as follows
, MP/~'~
w-ill Be
GolF Cou.rse C~#J-tltP t>F A-lt Dowl--' ~s &- S-ka.Mft
H~l~ Froi'\ Pro9sr/..(_
~I ' - l. l -VA A. _
f"lR'T IVt c;;# Bro~ jiMJ35-wftl P' C-ilJ-f oPF=- M Tn..,r;k:
~
III Ii &..1.. over will -h'J ~ stA.- J A/b4i!J
___LJ 50 ree$ --~ - ~ --~ --r--
All ~...:[_ i~~ '
lie 'rnp05f hereby to furnish material and labor - complete in accordance with above specifications,
for the sum of: 0 J.J"6. hlA,.,d 1~ ~+y -h \Ie f~ _ dollars ($ ~~~ ~
Note: This proposal may be withdrawn by us if
not accepted within days.
Authorized
Signature
.!\cctpttb: The above prices, specifications and
conditions are satisfactory and are hereby accepted. You
are authorized to do the work as specified. Payment
will be made as outlined above.
Date .__
Signature
"
Signature
CONDITIONS
All material is guaranteed to be as specified. All work is to be completed in a workmanlike
manner ac:cording to standard practices. Any alteration or deviation from S{)eclications
inllOlving extra costs will be executed only upon written ord$rs, and will beeome an extra
charge over ana above the estimate. All agreements contingent upon strikes. accidents or
delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our
workers are fully covered by WOrkmen's Compensatlon Insurance.
S'd
OOLl-SS6 r r ssn
~ORaa uo~u~oa ~R S~U~I
RLE:ao SO EO ^O~
r---.
CONTRACT
The Links at Boynton Beach
~r. Scott Wahlin or Mr, Joe Dougherty
Boynton Beach, Florida
Lindell, LLC, shall furnish equipment. insurance, labor, fuel, supervision and all other
required cost I fees to perform the task as stated herein; for a lump sum price of
$287,250.00 to clean up the <<Hurricane Wilma" tree damage at the site noted above. All
and any penn its, notices or any other governmental requirement, if any. are 1l1e
responsibility of the owner. All trees, blown down or leaning and vegetation debris
within the limits of the subject property shall be processed and removed as described
below:
Scope 9fWork
1. Trees blown down or leaning shall be cut up, loaded and removed from site by
truck to an approved site including their stumps and roots. The stump hole shall
be filled with soil tom the area around the hole, leveled 10 match the ex;stillg
gmde, raked and dressed. Large stump holes that require imported fill shall be
furnished by the contractor.
2. PaJm trees blown over or leaning that appear to have a high survival rate shall be
replanted and braced. Those damaged to badly will be removed as described in
number one.
3. All equipment, including a track excavator, shall be mobilized on site in the rough
areas with extreme care, When required to cross any fairways cribbing and plates
will be utilized to minimize any damage to the grass or deformation of the grade
and hel p prevent rutting.
4. All debris located in fairway shall be hand carried to the rough, No equipment or
persOllal shall be allowed on greens a" in traps, Inigatim heads and distribution
lines to be crossed by heavy equipment shall be marked by an owners
representative prior to any equipment be utilized. Distribution lines shall be
covered with cribbing and plates when crossed by heavy equi pment.
5. Any 1rees or debris located in water shaH be removed jf accessible at shore line.
Trees and debris in boundary line canals shall only be removed from the interior
property side.
6. Trees that ha.ve substantial damage shall be cut s close to ground level as possible,
all wood removed and left for the owner to stump grind at his expense, Any trees
with minimal damage shall be trimmed to remove hanging or broken limbs.
~
Cd
DOl.t-SSG rrss)
~o~a8 UO~U~08 ~~ S~U~l
~BE:BD SO EO ^O~
~
Sod
Terms and Conditions
It is understood Utat the owner desires that the above work be done as carefully and
quickJy s possible. The schedule shall be daylight hours seven days a week or as alloWed
by local regulatiOlJ lIOtil complete. The <:OJ11ra<:tor can commence work upon acceptance
of tbi Ii contract
.'
Payment shall be as follows: l()D/o upon the signing of this <:oDh1N:t and 300A. upon
completion of course one, 300" upon completion of course two and the balance of 30%
upon completion of course three. Owner shan direct the order of courses.
An tl/te1"tlliw lI0Ip $U1N prke ofS191,S$O.OO for the above stated SCXlpe of work, should
the owner designate an ODsite location for the stockpiliog of aU the ma:t:eriaJ generated
from the cleanup to be gromd at a later date. The cost-of the grinding and disposal ofllle
mulch to be deteonined at a later date due to the demand and availability of the
equipment required to perform the grinding. In the event Ihat the owner elect this
alterative price the payment of the contract sltaD be in full upon completion ILlld gives the
o\.\ner the option to negotiate the grinding and disposal of tile muJch.
The above COIllract and its terms are hereby agreed . upon by both parties on lhis day
--_ ofNovembet, 200S.
The Links at Boynton Beach
8020 Jog Road
Boynton Beach, FI.33437
Lindell, LLC
520 Lindell Blvd
DeITll}' Beach., Fl. 33444
Owner's Representative
DaVid L. Owens or Mike Grieco
Thank you for the opportunity to offer you this contract. Please contact David Owens @
561-436-3J95 wi1b any questions or for any additional information that may be required.
..
2
DOl.t-9SB [I9!;)
~oe~8 uo~u~o8 ~e S~U~I
eBE:8D SO EO ^O~
ARIE!:i~
SERVICES \:J
Rzo{Jo$At.
'/0: ~1iiE. C:nY Or 6,}J/-lTON B.tfk:1I
JJ1Tj{.. IJ1r. 5cc>7f W'1MiAA/
Ice -' ~o)l'I'/ rotJ !..:IN /.!-S C; oLF c <> u'<:-$'" I H u ;liLT CI/N I. W:rc. ""'II
CL~laJv(J.
,AflNE.S ~~
1J./:I'tA... plf.)~ {3.Q..J.:t:.P(1'1eNr v LAf.JfttL.
Co (lI1 ~~4S TIJ.tG~ FcJ...t.o VI.:!"/v {, 'f~.
to
(9 Cv'l ..j.. ~~ ALL ,Jv(Ulrt.t'J~ iYM'146W ~s.
4;-m6~.:::cf...J PA\ttlJ'{J ~ '-<ff 70 ~ CtJ4:fJI'4E./J 4/..)(.) 0 IZ
~uUMJ .
00<;' r
__I ~,,_~ ,I NOAA"" --t.. "L. n-V AlAI/.. .0/
"'._~ w,-- """"Nt. U'Vl:' 0wvSAWO dof/!Wl-f.j- '11'0
,4.t.c.-~rnwv<c. .
L::rTY o~ 6oytJit)W ~(.I
j)fif1C:
Ai~~ ~7E.. ~.r~s-. ~ -
Old;:: .'
-
I
-+ AiJtITU:1W6 tJl$f' hl<f,lJT-I:.:>~(j ::pJ 7/t1''{ ~OSIl1-. 114M- ~ · I
&--t<f(Ul ~ ~ l\)v""-~ 4 ~ 64J/M CtJt/lJU CXI-nd-. I
1- /J (Yto6a:.-nZ-/Ir=W Q<!.Po<<;:P) Of= {'5 % v'111r fk t2t&u:f1l4IJ I
. I
5144 3M Road. Lake W_h, FL 33467' Phone: 561_4-2117' F' ~
ax. 561-434-2969
S'd
DOl.I-SSS (ISS)
~o~aa uo~u~o8 ~~ S~U~l
~SE:8D SO EO ^O~
Sl\..:~o""
! "
{ \
\il\ }x
0\ /V
J...~ . /'i(
"'r-o~~
VI.-CONSENT AGENDA
ITEM C.6.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Tumed Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18, 2005 (Noon.) D October 5, 2005 September 19,2005 (Noon)
D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3,2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November 1,2005 October 17,2005 (Noon)
D September 20, 2005 September 6,2005 (Noon) [gI November 15, 2005 October 31, 2005 (Noon)
D Administrative D Development Plans
NATURE OF [gI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D Unfinished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDA nON: Staff recommends Adoption of Resolution R granting the Commission to
authorize the execution and payment of the annual service agreement between Motorola and the City of Boynton
Beach.
EXPLANA nON: The service agreement with Motorola is to provide 24 hours of repairs for dispatch service,
technical support service, network monitoring service, infrastructure repair with advanced replacement service,
onsite response service- Premier Option, and microwave Services.
PROGRAM IMPACT: To maintain repairs and services for City of Boynton Beaches Emergency Radio System
FISCAL IMPACT: Budgeted item #001-1810-519-46-24, amount 124,785.96
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 RESOLUTION NO. R 05-
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA,
6 AUTHORIZING THE CITY MANAGER TO EXECUTE
7 A SERVICE AGREEMENT BETWEEN THE CITY OF
8 BOYNTON BEACH AND MOTOROLA, INC.,
9 PROVIDING FOR THE MAINTENANCE OF THE
10 RADIO SYSTEM FOR A TWELVE (12) MONTH
11 PERIOD, IN AN AMOUNT NOT TO EXCEED
12 $124,785.96; AND PROVIDING AN EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
16 recommendation of staff, deems it to be in the best interests of the City residents to enter
17 into a Service Agreement with Motorola, Inc., for the maintenance of the radio system for a
18 twelve (12) month period;
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
21
Section 1.
The foregoing "Whereas" clauses are hereby ratified and confirmed as
22 being true and correct and are hereby made a specific part of this Resolution upon adoption
23 hereof
24
Section 2.
The City Commission of the City of Boynton Beach, Florida does
25 hereby authorize and direct the City Manager to execute a Service Agreement between the
26 City of Boynton Beach and Motorola, Inc., a copy of said agreement is attached hereto as
27 Exhibit "A."
28
Section 3.
This Resolution shall become effective immediately upon passage.
S:\CA\RESO\Agreements\Motorola Service Agr 111505.doc
1
2
PASSED AND ADOPTED this _ day of November, 2005.
3
CITY OF BOYNTON BEACH, FLORIDA
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 ATTEST:
19
20
21 City Clerk
22 (Corporate Seal)
23
24
25
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
S:\CA\RESO\Agreements\Motorola Service Agr 111505.doc
@ MOTOROLA
Attn: National Service Support
1307 East Algonquin Road
Schaumburg, IL 60196
(800) 247-2346
VeL 4 9 Build 1000
SERVICE AGREEMENT
Agreement Order # :Q~5501~~5Q~~~
Supersedes Agreement #(s) : 3~5004l63
Date: 3/29/2005
Required P.O.:f'J~________
Customer #: 1000303040
~---_._---- - - -----------~--_. ~
Bill to Tag # : ~____ _
Contract Start Date: 10/01/2005
--_._~--_._--
Contract End Date: 09/30/2006
Company Name: City of Boynton Beach
Attn:
Billing Address: ~QO EBoynton Beach Blvd
City, State, Zip: Boynton Beach, FL 33425
Customer Contact: Brenda Levant
Phone: 561-742-6033
--~---_..._._--~--
Fax: 561-742-6039
I
I ,
_____1 - ---~ SUBTOTAL _ RECURRING SERVIC-d-i----- 10,398~ ~=_ - 124'78~.'l~
SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE SUBTOTAL - ONE-TIME EVENT SERVICES I $ __-----=._
'ESCRIPTIONS TOTAL $ 10,398 83 , $ 124,785 96
See attached list for equipment covered. ~-- - - TAXES $000 -----l$o~oo- -- --,
-.---. GRAND TOTAL! $ 10,~' .... 124,785961
- ----- THIS SERVICE AMOUNT IS SUBJECT TO STATE & lOCAL TAXING -.- ------1
f- --. JURISDICTIONS. TO BE VERIFIED BY MO.TOROLA --. I
SUBCONTRACTOR(S)iCiTY-----~AT~---~
a;;;;:='":~O"' ,:::~: . T+'IFIIILLLL --- - _-_- -_ - -'1-!
Motorola. SSC.Network Management Schaumburg ,
' Ooerations (0067) .
Motorola - South Florida FSO (00164) Fl. Lauderdale
Motorola. Infrastructure Depot Operations I Schaumburg IL
~~:~:o '~': ._ .4;:' - - 4-= = ..1
gty
i Model/Option
SVC01SVC1102
SVC01SVC1104
SVC01SVC1103
SVC01SVC1422
SVC01SVC1101
[SVC01SVC1413
SVC02SVC0001
: SVC02SVC0003
Anniversary Date:_____.__ .._._____.
Payment Cycle: .9!:larterly . .._________
Tax Exempt: Yes
PO#:
t Description
I Dispatch Service
'Technical Support Service
Network Monitoring Service
Local Radio Combo Package
Infrastructure Repair With Advanced Replacement Service
OnSite Infrastructure Response Service - Premier Option
SP - Microwave Services
I SP - Software Subscription Agreement
I
-EXiendeil-1
- 2,55732 !
1,485.12 '
2,084.40
62,394.60
14,331.24
32,148.48
4,924.80
4,860.00
Monthly Ex~
21~.~~ I ~
123.761 $
173.70 $
5,199.55 $
1,194.27 $
2,679.04 $
410.40 $
405.00 $
$
$
$
$
$
$
$
$
V1otorola's Service Terms & Conditions, a copy of which is attached to this Service
i\greement, is incorporated herein by this reference
TITLE
DATE
Customer Support Manager
TITLE
954-723-4718
PHONE
~OLA REPRESENTATIVE (SIGNATURE)
:indee Smith
DATE
954-723-4791
FAX
IOTOROLA REPRESENTATIVE (PRINT NAME)
SPC v4.9 Build 1000
Release Date: 01/01/05
Customer: Boynton Beach, City of
Effective: 10/1/2005
~ Equipment Description
5 Quantar Repeaters
4 Centracom Gold Elite Consoles
8 Control Stations
5 RCH Digital Remote
1 Moscad (1 PC, 1 Laptop, 1 RTU)
61 Astro Spectra Mobiles
222 L TS2000
98 LCS2000
248 XTS3000
15 XTS5000
2 XTL5000
1 Microwave System
System Description
1 Prime Site
1 Dispatch Center
5 Channels
Service Terms and Conditions
Motorola, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"),
and the customer named in this Agreement ("Custome"), hereby agree as follows
Section 1 APPLICABILITY
These Service Terms and Conditions apply to service contracts whereby Motorola agrees to
provide to Customer either (1) maintenance, support and/or other services under a Motorola
Service Agreement, or (2) installation services under a Motorola Installation Agreement
Section 2 DEFINITIONS AND INTERPRETA TlON
2_1. "Agreement" means these Service Terms and Conditions; the cover page for the Service
Agreement or the Inslallation Agreement, as applicable; and any other attachments, all of which
are inccrporated herein by this rderence. In interpreting this Agreement and resolving any
ambiguities, these Service Terms and Conditions will take precedence over any cover page, and
the cover page will take precedence over any attachments, unless the cover page or attachment
specifically states otherwise.
22 MEquipmenr means the equipment that is specified in the attachments or is subsequently
added to thiS Agreement
2.3. ~Ser vices~ means those installation, maintenance, support, training, and other ser vices
described In this AgreemBlt
Section 3 ACCEPTANCE
Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in
the Agreement. This Agreement will become binding only when accepted in writing by Motorola.
The term of thiS Agreement will begin on the 'Start Date" indicated in this Agreement.
Section 4 SCOPE OF SERVICES
4.1. Motorola will provide the Services described in this Agreement or in a more detailed
statement of work or other document attached to this Agreement. At Customer's req uest,
Motorola may also provide additional services at Motorola's then-applicable rates for such
servtces.
4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality witl
be used; the Equipment will be serviced at levels set forth in the manufacturers product manuals;
and routine service procedures that are prescribed by Motorola will be followed.
4.3. If Customer purchases from Motorola additional equipment that becomes part of the same
system as the initial Equiprrent, the additional equipment may be added to this Agreement and
will be billed at the applicable rates alter the warranty for such additional equipment expires.
44. All Equipment must be in good working order on the Start Date or when additional equiprrent
is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a
complete serial and model number list of the Equipment. Customer must promptly notify Motorola
in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's
obligation to pay Se'lAce fees for such Equipment will terminate at the end of the month in which
Motorola receives such written notice.
4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in
hazardous environments.
4.6. If Equipment cannot, in Motorola's reasonable opinion, be property or economically serviced
for any reason, Motorola may modify the scope of Services related to such Equipment; remove
such Equipment from the Agreement; or increase the price to Service such Equipment
4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to
Customer's notification in a manner consistent with the level of Service purchased as indicated in
this Agreement.
Section 5 EXCLUDED SERVICES
5.1. Service excludes the repair or reptacement of Equipment that has become defective or
damaged from use in other than the normal, customary, intended, and authorized manner; use not
in compliance with applicable industry standards; excessive wear and tear; or accident, liquids,
power surges, neglect, acts of God or other force majeure events.
5.2. Urless specifically ncJuded in this Agreement, Service exdudes items that are consumed in
the normal operation of the Iquipment, such as batteries or rmgnetic tapes.; upgrading or
reprogramming Equipment; accessories, bert dips, battery chargers, custom or special products,
modified units, or software; and repair or mainenance of any transmission line, antenna,
miaowave equipment, tower or tower lighting, duptexer, combiner, or multicoupler. Motorola has
no obligations for any transmission medium, such as telephone lines, computer networks, the
internet or the worldwide web, or for Equipment malfunction caused by such tansmission
medium.
Section 6 TIME AND PLACE OF SERVICE
Service will be provided at the location specified in this Agreement 'M1en Motorola performs
service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous
work envirmment with adequate shelter. heal light. and power and with full and free access to the
Equipment Wai vers of liability from Motorola or its subcontractors will not be imposed as a site
access requirement. Customer will provide all infonnation pertaining to the hardware and
soflware elements of any system with which the Equipment is interfacing so that Motorola may
perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30
a.m. to 4:30 p.m., local time, excluding wee_ ard holidays. Unless otherwise stated in this
Agreement, the price for the Services exclude any charges or expenses associated with helicopter
or other unusual access requirements; if these charges or expenses are reasonably incurred by
Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and
expenses.
Section 7 CUSTOMER CONTACT
Customer will provide Motorola with designated points of contact (list of names and phone
numbers) that will be available twentyfour (24) hours per day, seven (7) days per week, and an
escalation procedure to enable Customer's personnel to maintain contact, as needed, with
Motorola.
Section 8 PAYMENT
Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice
Customer in advance for each payment !Bfiod. All other charges will be billed monthly, and
Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date.
Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes,
and other taxes or assessments levied as a resuh of Services rendered under this Agreement
(except income, profit, and franchise taxes of Motorola) by any govemmental entity.
Section 9 WARRANTY
Motorola warrants that its Services under this Agreement will be free of defects in materials and
workmanship for a period of ninety (90) days from the date the performance of the Services are
completed. In the event of a breach of this warranty, Cu;tomer's sole remedy is to require
Motorola to r&pertorm the non-conforming Service or to refund, on a pro.rata basis, the fees paid
for the non"conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Section 10 DEFAUL TITERMINA TION
10.1. If either party defaults in the performance of this Agreemen~ the other party will give to the
non-performing party a written and detailed notice of the defaJIt. The non. performing party will
have thirty (30) days therealter to provide a written plan to cure the default that is acceptable to
the other party and begin implementing the cure plan immediately alter plan approval. If the non-
Service Terms and Conditions.FINAL.9.1.03.doc (CSA formatted)
performing party tails to provide or implement the cure plan, then the injured party, in addition to
any other rights available to it under law, may immediately tenninate this Agreement effective
upon giving a written notice of termination to the defaulting party.
10.2. MY termination of this Agreement will not relieve either party of obligations previously
incurred pursuant to this Agreement, induding payments which may be due and owing at the time
of termination. All sums owed by Customer to Motorola will become due and payable immediately
upon termirBtion of this Agreement. Upon the effe:tive date of termination, Motorola will have no
further obligation to provide Services.
Section 11 LIMITATION OF LIABILITY
This hmitation of liability provision shall apply notwi thstanding any contrary provision in this
Agreement Except for personal injury or death, Motoroia's total liability, whether for breach of
contract, warranty, negligence, strict liability in tort, or otherwise. will be limited to the direct
damages recO\erable under law, but not to exceed the price of twelve (12) months of Service
provided under this Agreement ALTHOUGH THE PARTIES ACKNOWLEDGE THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA V\1LL NOT
BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA,
GOOD 'MLL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, IllCIDENTAL,
INDIRECT. OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM
THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO
THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the
transactions contemplated by this Agreement may be brought more than one (1) year alter the
accrual of such cause of adion, except for money due upon an open account This limitation of
liability will survive the expiration or termination of this Agreement.
Section 12 EXCLUSIVE TERMS AND CONDITIONS
12.1. This Agreement supersedes all prior and concurrent agreements and understandings
between the parties, whether written or oral, related to the Services, and there are no agreements
or representations concerning the subject matter of this Agreement except for those expressed
herein. The Agreement may not be amended or modified except by a written agreement signed
by authorized representatives of both parties.
12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance
of this Agreement, however, an omission of the reference to this Agreement. shall not affect its
applicability. In no event shall either party be bound by any terms contained in a Customer
pcrchase order, acknowledgement, or other writings unless: (i) such purchase order,
acknowledgement, or other writings specifically refer to this Agreement; (ii) clea~y indicate the
intention of both parties to override and modify this Agreement; and (iii) such purchase order,
acknowledgement. or other writings are signed by authorized representatives of both parties.
Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL
PROPERTY RIGHTS
13.1. Any information or data in the form of specmcations, drawings, reprints, technical
information or otherwise furnished to Customer under this Agreement will remain Motorola's
property, will be deemed proprietary, will be kept cOnfidentiai, and will be promptly retumed at
Molorola's request. Customer may not disclose, without Motorola's written permission or as
required by law, any such information or data to any person, or use such information or data itself
for any purpose other than performing its obligations under this Agreement. The obligations set
forth in this Section will survive the expiration or termination of this Agreement
13.2. Unless otherwise agreed in writing, no commercial, financial or technical informaion
disclosed tn any manner or at any time by Customer to Motorola will be deemed secret or
confidential. Motorola will have no obligation to provide ClStomer with access to its confidential
and proprietary information, including cost and pricing data.
13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any
ownership right or license under any Motorola patent. copyright, trade secret, or other intellectual
property including any intellectual property created as a result of or related to the Equipment sold
or Ser vices performed under this Agreement.
Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS
Customer is solely responsible for obtaining licenses or other authorizations required by the
Federal Canmunications Commission or any other federal, state, or local government agency and
for complying with all rules and regulations required by such agencies. Neither Motorola nor any
of its employees is an agent or representative of Customer in any governmental matters
Section 15 COVENANT NOT TO EMPLOY
During the term of this Agreement and continuing for a period of two (2) years therealter,
Customer will not hire. engage on contract, solicit the employment of, or recommend employment
to any third party of any employee of Motorota or its subcontractors without the prior written
authorization of Motorola. This provision applies oniy to those employees of Motorola or its
subcontractors who are responsible for rendering services under this Agreement. If this provision
is found to be ove~y broed under applicable law, it shall be modified as necessary to conform to
such law.
Section 16 MATERIALS, TOOLS AND EQUIPMENT
All tools, equipment, dies, gauges, models, drawings or other materials paid for or fumished by
Motorola for the plJ"pose of this Agreement will be and remain the sole property of Motorola.
Customer will safeguard all such property while it is in ClStomers custody or control, be liable for
any loss or damage to such property. and retum it to Motorola upon request. Such properly will
be held by Customer for Motorola's use without charge and may be removed from Customers
premises by Motorola at any time without restriction.
Section 17 GENERAL TERMS
17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will
continue in full force and effect.
17.2. This Agreement and the rights and duties of the parties will be govemed and interpreted in
accordance with the laws of the State in which the Services are performed.
17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege.
17..4. Neither party is liable tor delays or lack of performance resulting from any causes such as
strikes, material shortages, or acts of God that are beyond that party's reasonable control.
17.5. Motorola may assign its rights and obltgations, and may subcontract any portion of its
pertonnance, under this Agreement.
17.6. THIS AGREEMENT 'MLL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON
EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE
SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN
WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY
(30) DAYS OF THAT ANNIVERSARY DATE. At the ann! versary date, Motorola may adjust the
price of the Services to reflect its current rates.
17.7. If Motorola provides Services after the termiration or expiration of this Agreement, the
terms and conditions in effect at the time of the termination or expiration will ap~y to those
Services and Customer agrees to pay for such services on a time and materials basis at
Motorola's then effective hourly rates.
. MOTOROLA
Statement of Work
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Overview: Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response
services to the Customer. These services are applicable only for the following system types: SmartZone up to
release 6.2, SmartZone/OmniLink v2.0.3 and higher, SmartNet, Private Data (with a wireless network gateway)
v2.0.3 and higher, and E91 I.
I. 0 Description of Services
Network Monitoring is a service designed to electronically monitor Elements of a Communication System for
Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSe) detects
an Event, trained technologists acknowledge the Event, run remote diagnostic routines, and initiate an
appropriate response. Appropriate responses could include, but are not limited to, continue monitoring the
Event for further development, attempt remote Restoral, or transfer the Event by opening a Case for dispatch of
a Servicer. The Servicer will respond to the Customer location based on pre-defmed Severity Levels set forth in
the Severity Definitions Table and Response times set forth in the Response Time Table in order to Restore the
System.
Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site
Servicer until System Restoral occurs and Case is closed. The SSC will Continuously track and manage Case
activity from open to close through an automated Case tracking process. This Case management allows for
Motorola to provide activity and performance reports.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2. I. Recommend any needed Connectivity or monitoring equipment and coordinate installation of such
equipment upon Customer's request.
2.2. Provide dedicated Connectivity necessary for monitoring SmartZone, SmartZone/ OmniLink, and Private
Data system types.
2.3. VerifY Connectivity and Event monitoring prior to System Acceptance or Start Date.
2.4. Continuously receive service requests.
2.5. Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant
to section 3. I
2.6. Attempt remote Restoral, as appropriate.
2.7. Create a Case as necessary when service requests are received. Gather information to perform the
following:
2.7. I. Characterize the issue
2.7.2. Determine a plan of action
2.7.3. Assign and track the Case to resolution.
2.8. Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information
collected in section 2.7
2.9. Ensure the required personnel have access to Customer information as needed.
2. I O. Disable and enable System devices, as necessary, for Servicers.
2.11. Servicer will perform the following on-site:
2.1 1.1. Run diagnostics on the Infrastructure or FRU.
2. I 1.2. Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may
provide Infrastructure or FRU.
2. I 1.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and
any other requirements necessary to perform the Maintenance service.
2. I 1.4. If a third party Vendor is needed to Restore the System, the Servicer may accompany that Vendor
onto the Customer's premises.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page I of 4
. MOTOROLA
2.12. Verify with Customer that Restoration is complete or System is functional, ifrequired by Customer's
repair Verification preference in the Customer Support Plan required by section 3.4. If Verification by
Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer
will be released.
2.13. Escalate the Case to the appropriate party upon expiration of a Response time.
2.14. Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved.
2.15. Notify Customer of Case Status, as required by the Customer Support Plan at the following Case levels
2.15.1. Open and closed; or
2.] 5.2. Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed.
2.16. Provide the following reports, as applicable:
2.16.1. Case activity reports to Customer.
2.16.2. Network Monitoring Service reports for Customer System(s), excludes E91 1.
2. I 6.3. Performance/Availability Reports for SmartZone, SmartZone/ OmniLink, and Private Data
Systems only.
3.0 Customer has the following responsibilities:
3.1. Allow Motorola Continuous remote access to obtain System availability and performance data.
3.2. Purchase Connectivity, installation and monitoring equipment necessary for monitoring the System if
recommended by Motorola. Failure to purchase such equipment as recommended by Motorola may
prevent Motorola from rendering the services described in this Statement of Work.
3.3. Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET and E91 I System
types.
3.4. Provide Motorola with pre-defined Customer information and preferences prior to Start Date necessary to
complete Customer Support Plan.
3.4.1. Case notification preferences and procedure
3.4.2. Repair Verification Preference and procedure
3.4.3. Database and escalation procedure forms.
3.4.4. Submit changes in any information supplied in the Customer Support Plan to the Customer
Support Manager.
3.5. Provide the following information when initiating a service request:
3.5. I. Assigned System ID number
3.5.2. Problem description and site location
3.5.3. Other pertinent information requested by Motorola to open a Case.
3.6. Notify the System Support Center when Customer performs any activity that impacts the System.
(Activity that impacts the System may include, but is not limited to, installing software or hardware
upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.)
3.7. Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote
service is not possible.
3.8. Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in
paragraph 2. I 1.2
3.9. Maintain and store in an easy accessible location any and all Software needed to Restore the System.
3.10. Maintain and store in an easily accessible location proper System backups.
3.1 1. For E911 systems, test the secondary/backup PSAP connection to be prepared in the event ofa
catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of
switching to the backup PSAP.
3.12. Verify with the SSC that Restoration is complete or System is functional, ifrequired by the Repair
Verification Preference provided by Customer in accordance with section 3.4.
3.] 3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services.
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
page 2 of 4
. MOTOROLA
Severity Definitions Table
Severity Level Problem Types
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Response Time Table (Customer's Response Time Classification is designated in the Service Agreement).
Severity Regular Premier Limited
Level Response Time Response Time Response Time
Severity 1 Within 4 hours from receipt Within 2 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Continuously Continuously Standard Business Day
Severity 2 Within 4 hours from receipt Within 4 hours from receipt Within 4 hours from
of Notification of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Severity 3 Within 24 hours from Within 24 hours from Within 24 hours from
receipt of Notification receipt of Notification receipt of Notification
Standard Business Day Standard Business Day Standard Business Day
Network Monitoring, OnSite /rifrastructure Response and Dispatch Service
Approved by Contracts and Compliance /2-/9-03
page 3 of 4
Monitored Elements Table
(Listed by technology)
SmartZone 6.0
SmartZone 4. I
SmartZone 3.0 - 3.5
SMAR TNET Monitored by MOSCAD SiteSentry
Private Data
E911 - Centralink Classic - Monitored by SEB
E91 I - Central ink Classic- Monitored by RAC
E911 - C2000/Palladium
Network Monitoring, OnSite Infrastructure Response and Dispatch Service
Approved by Contracts and Compliance 12-19-03
. MOTOROLA
>...<~;;
Nortel; Packet Routing Network; Zone
Controllers; Database Server; FullYision
Server; Zone Statistical Server; Air Traffic
Router; System Statistics Server; User
Configuration Server; Packet Data Gateway
Server; PBX; Interconnect Server; Motorola
Gold Elite Gateway (MGEG); AEB; CEB;
ARCADACS Cross Connect Switch;
Simulcast RF Site (Site Controllers,
Comparators, Stations); Intelli Repeater RF
Site (Stations);lntelli Site Repeater RF Site
(Site Controllers, Stations);
MOSCAD Overlay (TenSr, Station,
Channel Banks, TRAK GPS, Environmental
Alarms, Microwave)
Zone Controllers; Database Server; Digital
Interface Unit (DIU); Central Electronic
Bank (CEB) Interface; AEB;
FullYision Server; Air Traffic Router;
System Statistics Server (Multi-Zone); Zone
Statistical Server; User Configuration
Server; NOY A 2000 (Interconnect); Remote
RF Sites (Site Controllers Including
Simulcast, Stations);
MOSCAD Overlay (Stations-Non Trunked,
Comparater, TenSr Channel Banks,
Environmental Alarms, Microwave)
Zone Controller; Database Server; User
Server; Digital Interface Unit (DIU); Central
Electronic Bank (CEB) Interface;
AEB; User Configuration Server (3.5);
Historical Server (User Server 16); AEB
Central Electronic Bank (CEB); MBX
(Interconnect); Remote RF Sites (Site
Controllers -Including Simulcast, Stations);
MOSCAD Overlay (Stations, TenSr
Channel Banks, Environmental Alarms,
Microwave)
Site Controllers; Stations; Environmental
Alarms; Channel Banks
Wireless Network Gateway (WNG); Radio
Network Controller (RNC); Base Station
Teltronics All
Teltronics ANI
Teltronics All
Palladium All
Teltronics ANI
page 4 of 4
" MOTOROLA
Statement of Work
Local Radio Combo Package
1.0 Description
Local Radio Combo Package provides operational check and board level repair services for mobile, portable,
two-way and mobile data. An operational check is an analysis of the Equipment to identifY external or internal
defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile
controls heads, provided that they are required for normal operation of the two-way mobile and are included at
the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement
to which this Statement of Work is attached.
Local Radio Combo Package excludes repairs to: optional accessories; iDEN accessories; iDEN mobile
microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads,
single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and
power supplies.
The following are excluded from Local Radio Combo service unless they are purchased as an option for an
additional fee. The options are OnSite, Radio Survey and Analysis, Portable Remote Speaker Microphones,
Portable Antenna Replacements Mobile Remote Control Heads.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1 Service to be performed at the Servicer facility during Standard Business Days.
2.2 Perform an operational check on the Equipment to determine the nature of the problem.
2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing.
2.4 Test and Restore the Equipment to Motorola factory specifications.
2.5 Remove any dust, and/or foreign substances from the Equipment.
2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the
template in the Equipment, if the template information can be retrieved from the Equipment, or from a
backup diskette provided by Customer containing the template information. If the Customer template is
not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS)
version for that Equipment will be used. The Equipment will require additional programming by the
Customer to Restore the original template.
2.7 NotifY Customer upon completion of repair for pickup of Equipment.
3.0 Customer has the following Responsibilities:
3.1 Deliver and pick up Equipment to/from the Servicer facility.
3.2 Inform Servicer of description of problem for Equipment brought in for service.
3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software
template or programming in order to assist in returning the Equipment to original operating parameters. If
applicable, record the current flashcode for each radio.
3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is
responsible for any programming required to Restore Equipment to desired parameters.
3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Local Radio Combo Package service to Customer.
Local Radio Combo Package
Approved by Motorola Contracts & Compliance 04/30/04
Page 1 of 1
(I MOTOROLA
Statement of Work
Local Radio Combo Package
OnSite Option - Pick up & Delivery
1.0 Description of Service
Equipment will be picked up from and delivered to the Customer's location, within a designated radius of the
Servicer facility. Schedule pickups will be mutually agreed upon and outlined in the Customer Support Plan.
This Option covers Equipment that is specifically named in the applicable Agreement to which this Statement of
Work is attached.
2.0 Motorola has the following responsibilities:
2.1 Use reasonable efforts to pickup and deliver Equipment per the mutually agreed upon Customer location,
days of week, and preferred time. If a pick up/delivery cannot occur according to the preferred schedule,
Customer will be contacted prior to the scheduled pick up/delivery, to arrange a mutually agreeable
alternative date and/or time for pick up/delivery.
2.2 Generate service receipt and leave with Customer.
3.0 Customer has the following responsibilities:
3.1 Designate mutually agreeable location for service pickup and delivery, days of week, and preferred time.
3.2 Provide problem description along with unit.
Local Radio Combo Package OnSite Option
Approved by Motorola Contracts & Compliance 04/30/04
Page I of I
. MOTOROLA
Statement of Work
Technical Support Service
1.0 Description of Services
The Technical Support service provides centralized remote telephone support for technical issues that
require a high level of communications systems expertise or troubleshooting on Equipment. The
Motorola System Support Center's (SSe) Technical Support Operation is staffed with technologists
who specialize in the diagnosis and resolution of system performance issues. Technical Support
Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does
not include Customer training (iii) is only available for those system types supported and approved by
Technical Support Operations.
Technical Support is applicable to the following system types: Astro 25 6.x, SmartZone v2.0.3 and
higher, SmartZone/OmniLink, E911, Private Data v2.0.3 and higher, SmartNet and Conventional Two-
Way.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by
this reference.
2.0 Motorola has the following responsibilities:
2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis
of operation problems in accordance with the response times set forth in the Remote
Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
2.2. Advise caller of procedure for determining any additional requirements for issue
characterization, Restoration, including providing a known fix for issue resolution when
available.
2.3. Attempt remote access to System for remote diagnostics, when possible.
2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as
needed.
2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed.
2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and
product groups, as applicable.
2.7. Escalate the Case to the appropriate party upon expiration ofa Response time.
2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in
or remote access capability.
2.9. Determine, in its sole discretion, when a Case requires more than the Technical Support
services described in this SOW and notifY Customer of an alternative course of action.
3.0 Customer has the following responsibilities:
3.1. Provide Motorola with pre-defmed information prior to Start Date necessary to complete
Customer Support Plan.
3.1.1. Complete database and escalation procedure forms.
3.1.2. Submit changes in any information supplied in the Customer Support Plan to the
Customer Support Manager.
3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller,
name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief
description of the problem.
3.3. Supply on-site presence when requested by System Support Center.
3.4. Validate issue resolution prior to close of the Case.
Technical Support Service
Approved by Motorola Contracts and Compliance 12-19-03
page 1 of2
. MOTOROLA
3.5. Allow Motorola remote access to the System by equipping the System with the necessary
Connectivity.
3.6. Acknowledge that Cases will be handled in accordance with the times and priorities as defmed in
Remote Technical Support Response Times Table and the Severity Level defined in the Severity
Definitions Table.
3.7. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola
to provide the Technical Support service to Customer.
Severity Definitions Table
Severity Level Problem Types
Severity I . Response is provided Continuously
. Major System failure
. 33% of System down
. 33% of Site channels down
. Site Environment alarms (smoke, access, temp, AC power.
. This level is meant to represent a major issue that results in an unusable
system, sub-system, Product, or critical features from the Customer's
perspective. No Work-around or immediate solution is available.
Severity 2 . Response during Standard Business Day
. Significant System Impairment not to exceed 33% of system down
. System problems presently being monitored
. This level is meant to represent a moderate issue that limits a Customer's
normal use of the system, sub-system, product, or major non-critical
features from a Customer's perspective
Severity 3 . Response during Standard Business Day
. Intermittent system issues
. Information questions
. Upgrades/preventative maintenance
. This level is meant to represent a minor issue that does not preclude use of
the system, sub-system, product, or critical features from a Customer's
perspective. It may also represent a cosmetic issue, including
documentation errors, general usage questions, recommendations for
product enhancements or modifications, and scheduled events such as
preventative maintenance or product/system upgrades.
Remote Technical Support Response Times Table
SEVERITY RESPONSE
Severity I Within I Hour from receipt of Notification, Continuously
Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day
Severity 3 Within next Business Day, Standard Business Day
Technical Support Service
Approved by Motorola Contracts and Compliance 12-19-03
page 2 of2
. MOTOROLA
Statement of Work
Infrastructure Repair with Advanced Replacement
1.0 Description of Services
Infrastructure Repair is a repair service for Motorola and select third party Infrastructure as set forth in the
applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this
reference. Customer's System type determines which exhibit is applicable (i.e. SmartZone system exhibit,
SmartNet system exhibit). Infrastructure may be repaired down to the Component level, as applicable, at the
Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may
be sent to the original equipment manufacturer or third party vendor for repair. Iflnfrastructure is no longer
supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure
with similar Infrastructure, when possible.
When available, Motorola will provide Customer with an Advanced Replacement unites) or FRU(s) in exchange
for Customer's malfunctioning FRU(s). Non-standard configurations, Customer-modified Infrastructure and
certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s)
will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. In cases
where Advanced Replacement is not available or when a Customer requires the exact serial number to be
returned, a FRU may be available on a Loaner basis.
The terms and conditions of this SOW are an integral part of Motorola's Service Terms and Conditions or other
applicable agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola has the following responsibilities:
2.1. Use commercially reasonable efforts to maintain an inventory ofFRU.
2.2. Provide, new or reconditioned units as FRU to Customer or Servicer, upon request and subject to
availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning Infrastructure.
2.3. Program FRU to original operating parameters based on templates provided by Customer as required in
Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template
will be used.
2.4. Properly package and ship Advanced Replacement FRU from IDO's FRU inventory to Customer specified
address.
2.4. I. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding
holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless
otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments
outside of the above mentioned standard business hours and/or carrier programs, such as NFO
(next flight out). In such cases, Customer will be subject to shipping and handling charges.
2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for
Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU
will become property oflDO and the Customer will own the Advanced Replacement FRU.
2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the
malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the
malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure
and will provide a return air bill for the customer to return IDO's Loaner FRU.
2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified
as an Advanced Replacement or Loaner FRU.
2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return.
2.7. Perform the following service on Motorola Infrastructure:
2.7.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.7.2. Replace malfunctioning FRU or Components.
2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable
2.7.4. Perform a Box Unit Test on all serviced Infrastructure.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04 page 1 of 3
. MOTOROLA
2.7.5. Perform a System Test on select Infrastructure.
2.8. Provide the following service on select third party Infrastructure:
2.8.1. Perform pre-diagnostic and repair services to confmn Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when
applicable.
2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor
for repair service, when applicable.
2.8.3. Track Infrastructure sent to the original equipment manufacturer or third party vendor for service.
2.8.4. Perform a post-test after repair by Motorola, original equipment manufacturer, or third party
vendor to confmn malfunctioning Infrastructure has been repaired and functions properly in a
Motorola System configuration, when applicable.
2.9. Re-program repaired Infrastructure to original operating parameters based on templates provided by
Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a
standard default template will be used. InDO determines that the malfunctioning Infrastructure is due to a
Software defect, IDa reserves the right to reload Infrastructure with a similar Software version.
Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the
Customer has a Motorola Software Subscription agreement.
2.1 O. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an
IDa FRU. Motorola will return Customer's FRU(s) to IDa's FRU inventory, upon completion of repair.
2.11. Ship repaired Infrastructure to the Customer specified address during normal operating hours set forth in
2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping,
unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier
programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling
charges.
3.0 Customer has the following responsibilities:
3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSe) and request an
Advanced Replacement, or Loaner FRU and a return authorization number (necessary for all non-
Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party
Infrastructure named in the applicable attached Exhibit.
3.1.1. Provide model description, model number, serial number, type of System and Firmware version,
symptom of problem and address of site location for FRU or Infrastructure.
3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to
physical damage or lightning damage.
3.1.3. Follow Motorola instructions regarding inclusion or removal of Firmware and Software
applications from Infrastructure being sent in for service.
3.1.4. Provide Customer purchase order number to secure payment for any costs described herein.
1.1 Pay for shipping of Advanced Replacement or Loaner FRU from IDa if Customer requested shipping
outside of standard business hours or carrier programs set forth in section 2.4.1.
1.2 Within five (5) days of receipt of the Advanced Replacement FRU from IDa's FRU inventory, properly
package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDa for
evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above
back to IDa in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a
replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third
party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the
malfunctioning FRU, at Customer's expense and risk ofloss to Motorola. Customer is responsible for
properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped
Infrastructure arrives un-damaged and in repairable condition. Clearly print the return authorization
number on the outside of the packaging.
1.3 Ifreceived, Customer must properly package and ship Loaner FRU back to IDa within five (5) days of
receipt of Customer's repaired FRU.
1.4 Maintain templates of Software/applications and Firmware for reloading of Infrastructure as set forth in
paragraph 2.3 and 2.9.
1.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide the Infrastructure Repair with Advanced Replacement services to Customer.
Infrastruclure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 2 of3
CD MOTOROLA
4.0 In addition to any exclusions named in Section 5 of the Service Terms and Conditions or in any other
underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure
Repair with Advanced Replacement:
1. All Infrastructure over seven (7) years from product cancellation date.
2. Physically damaged Infrastructure.
3. Third party Equipment not shipped by Motorola.
4. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges.
5. Test equipment.
6. Racks, furniture and cabinets.
7. Firmware and/or Software upgrades.
Infrastructure Repair with Advanced Replacement
Approved by Motorola Contract and Compliance 1-15-04
page 3 of3
. M070ROLA
SmartZone System Inclusions, Exclusions, Exceptions and Notes for Infrastructure Repair
Infrastructure Exhibit
Antenna Systems Excludes all Equipment such as bi-directional amplifiers, multicouplers, combiners,
tower top pre-amplifiers, antennas, cables, towers, tower lighting, and transmission lines.
Base Station(s) and Repeater(s) Includes: Quantar, Quantro, Digital MSF5000 and MTR2000 ONLY.
Central Electronics Bank(s) Includes Logging Recorder Interface and Network Hub
Channel Bank(s) Includes Premisys and Telco. Excludes Siemens
Comparator( s) Includes Spectratac, Digitac, and Astrotac Comparators.
Computer(s) Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including Site Lens and System watch II. Includes keyboards,
mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
panel display image retention.
Console(s) Includes consoles (Centracom II, Centracom Gold Classic, Centracom Gold Elite) as part
of complete communication System - ONLY. Includes headset jacks, dual footswitches,
and gooseneck microphones. Excludes Centracom I.
Controller(s) - Trunking Includes SmartNet II prime and remote controllers. Excludes SSMT and SCMS
controllers.
Dictaphones and Recording Excludes all types and models.
Equipment
Digital Interface Unites) Included
Digital Signaling Modem(s) Included upon modem model availability
Digital Voice Modem(s) Included upon modem model availability
Embassy Switch Includes AEB, AIMI, ZAMBI, AMB
Management Terminals Includes computers (Pentium I, II, III, IV) directly interface with or control the
communications System, including SiteLens and System watch II. Excludes laptop
computers and all 286, 386, 486 computers.
MBEX(s) or NOVA Interconnect Included
Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and
material basis. All Equipment must be shipped to IDa. Excludes anyon-site services.
Monitor(s) Includes all monitors connected to computers that directly interface with or control the
communications System. Includes flat panel displays and touch screen monitors.
Excludes defective or phosphor-burned cathode ray tubes CRT(s) and burned-in flat
panel display image retention.
Moscad Only NFM (Network Fault Management), as part of communication System only.
Standalone MOSCAD and System Control and Data Acquisition (SCADA) must be
quoted separately. Excludes Fire alarming systems.
Network Fault Management Includes Full Vision. Excludes NMC
Printer(s) Includes printers that directly interface with the communications System.
RAS(s) Excludes RAS 1100, 1101 and 1102
Receiver(s) Includes Quantar and MTR2000, ASTRO-TAC Receivers.
Simulcast Distribution Included
Amplifier(s)
Site Frequency Standard(s) Includes Rubidium, GPS and Netclocks systems sold with the Motorola System.
Universal Simulcast Controller Included
Interface( s )
UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and
material basis. All UPS Systems must be shipped to IDa for repair. Excludes anyon-site
services. Excludes all batteries.
Zone Manager Excludes HP7I5/33, HP 715/50 servers. Excludes x-terminals NDSI4C and NDSI7C
Zone Controller(s) Includes console terminals. Excludes ALL Sun/IMP hard drives except TLN3495A 0820
I GB drive. Excludes the following SUN/IMP CPUSET's: TLN3278B 0406, TLN3343A
0424 and TLN3278A 0181/0389.
. MOTOROLA
Statement of Work
Software Subscription Consoles Only
1.0 Description of Service
Motorola will provide to Customer Software Subscription services in accordance with this Statement of
Work. Motorola will provide periodic software bulletins to Customer at its address for notice purposes (or
at another address that Customer may direct in writing). These software bulletins announce and explain
Enhancement Releases and Core Releases for Motorola and Non-Motorola Software that are available to
Software Subscription Customers for use with their upgrade-capable Motorola Equipment covered by these
services. Motorola will provide applicable Enhancement Releases or Core Releases as ordered by
Customer.
Software Subscription includes design services for Enhancement Releases only. Motorola will review
System audit data (when this service is performed by Motorola) along with an equipment list to avoid
potential Software incompatibilities between equipment that is being upgraded versus equipment which is
not being upgraded with the Enhancement Release. Motorola will identify additional equipment and
engineering (if applicable) for the System that is required as a result of the upgrade and will recommend a
plan for installation of this additional equipment in addition to the core or enhancement release.
Implementation of this installation plan is not included with the Software Subscription services.
Additional Provisions for Software Subscription services that begin after December 3 L 2004. concerning
SmartZone 4.1 and Astro 25 Trunking Systems: Motorola recommends that Customer maintains continuity
in receiving Software Subscription services until Customer decides to no longer install additional
Enhancement Releases. If, contrary to this recommendation, Customer discontinues Software Subscription
services and later decides to reinstitute Software Subscription services, then Motorola will provide those
Software Subscription services retroactively to the date such services were discontinued.
Exclusions
The Software Subscription program originated from and was designed to support Motorola's radio systems
business. The Software Subscription program does not cover the software, hardware, or services provided
by Radio Service Software; ISD; Plant Equipment, Inc. ("Plant") -Motorola's E911 solution subcontractor;
or any Motorola business sector other than CGISS. Software not purchased through Motorola is not
covered.
Software Subscription services are not intended to, and do not, cover software support for virus attacks,
games or other applications that are not part of the System, or misuse of the covered Software. Motorola is
not responsible for management of anti-virus or other security applications (such as Norton).
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service
Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this
reference.
2.0 Motorola has the following responsibilities:
2. I Provide to Customer the software bulletins announcing Enhancement Releases and Core Releases.
2.2 Provide to Customer (in response to a Customer order) those Features included in an Enhancement
Release that apply to the Motorola Software in Customer's existing System components.
2.3 Perform the following Software upgrade design:
2.3.1 Review Infrastructure System audit data as needed.
2.3.2 Identify additional System equipment needed to implement an Enhancement Release, if
applicable.
2.3.3 Complete a proposal defming the Enhancement Release, Equipment requirements,
installation plan, and impact to System users that will fulfill the Customer's upgrade
requirements.
Software Subscription
Approved by Contracts & Compliance -1/21/05
10f3
. MOTOROLA
2.3.4 Advise Customer of probable impact to System users during the actual field upgrade
implementation.
2.4 Provide to Customer (in response to a Customer order) those Standard Features included in a Core
Release that apply to the Motorola Software in Customer's existing System components. Optional
Features issued with a Core Release are not included under these Software Subscription services but
are available to Customer, under a separate agreement at a discount from current list price (20% for
voice System Optional Features and 15% for data System Optional Features). Once an Optional
Feature is provided to Customer, Enhancement Releases for that Optional Feature are available at no
additional charge.
3.0 Customer has the following responsibilities:
3.1 Customer must contact its Motorola representative to order an available Enhancement Release or Core
Release as directed in the Customer Support Plan.
3.2 Contact Motorola upon receiving a bulletin to engage the appropriate Motorola resources for an
Enhancement Release.
3.3 Review Software installation plans and impact to the users with appropriate Customer personnel.
3.4 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide these services to Customer
4.0 Special provisions: the following provisions apply to the Software Subscription services:
4.1 Customer acknowledges that if its System has a Special Product Feature, additional engineering may
be required to prevent an installed Enhancement Release or Core Release from overwriting the Special
Product Feature. Upon request, Motorola will determine whether a Special Product Feature can be
incorporated into an Enhancement Release or Core Release and whether additional engineering effort
is required.
4.2 Customer is encouraged to install periodically Enhancement Releases because they may include minor
performance enhancements and will keep the System current. In addition enhancement releases may
contain updated versions of third party software enabling customers to obtain optimal support for these
products. Customer is encouraged to migrate the Motorola Software to the most current Core Release
because Enhancement Releases are available for a limited time for a given core release as defined by
Motorola's life cycle roadmap.. If Customer's System is not maintained to a currently supported
Software version, all Core Releases and Enhancement Releases may not be compatible with
Customer's existing System.
4.3 Additional hardware, software, or engineering services may be required if Customer desires to upgrade
or migrate to a particular Core Release or Enhancement Release. If the size and complexity of
Customer's System warrants, Motorola may provide consultation services to determine the
technological, operational and fmancial impact of installing a particular Core Release or Enhancement
Release on the System, pursuant to a separate agreement. Customer must pay for such consulting
services and for any other engineering services, hardware, and software that are required to upgrade or
migrate Customer's System due to each Enhancement Release or Core Release that Customer orders.
4.4 Customer may use the Software (including any Enhancement Releases and Core Releases) only in
accordance with the applicable Software License Agreement. Nothing in this Statement of Work or
caused by Motorola rendering these Software Subscription services is intended to modify the Software
License Agreement or to alter Motorola's intellectual property rights in and to its Software.
4.5 Software Subscription services do not include repair or replacement of hardware or Software caused by
defects that are not corrected by the Enhancement Releases and Core Releases, nor does it include
repair or replacement of defects resulting from any nonstandard or improper use or conditions or from
unauthorized installation of Software.
4.6 Customer may terminate Software Subscription services at any time by giving written notice of
termination to Motorola. Such termination will be effective at the next annual anniversary date
following Motorola's receipt of the notice of termination and may be partial if that is reasonably
necessary to accommodate a significant change to Customer's System configuration.
4.7 These Software Subscription services and the parties' duties described in this Statement of Work will
automatically terminate if Motorola no longer supports the Software version in Customer's System or
discontinues the Software Subscription program; in either case, Motorola will refund to Customer any
prepaid fees for Software Subscription services applicable to the terminated period.
Software Subscription
Approved by Contracts & Compliance -1/21/05
20f3
. MOTOROLA
4.8 Motorola may suspend or tenninate these Software Subscription services, if Customer fails to pay
Motorola any fees for Software Subscription services when due, Customer breaches the Software
License Agreement or the Agreement, Customer's rights to use the Software under the Software
License Agreement expires or is tenninated, or Customer replaces its Motorola System with a system
from another manufacturer.
Software Subscription
Approved by Contracts & Compliance -1/21/05
30/3
CD MOTOROLA
Statement of Work
SP-Microwave Service Repair
].0 Description of Services
Microwave Service Repair is a repair service provided by the Servicer for the Microwave equipment named on
the Customer Equipment list. At the Servicer's discretion and responsibility, Infrastructure may be sent to
Motorola, original equipment manufacturer, third party vendor, or other facility for repair.
The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms
and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference.
2.0 Motorola Servicer has the following responsibilities:
2.1. Repair or replace Infrastructure at the Servicer facility or Customer location as determined by Servicer.
Any replaced FRU will be of a similar kit and version, and will contain like boards and chips, as the
Customer's malfunctioning FRU(s). Servicer is responsible for travel costs to a Customer location to
repair Infrastructure.
2.2. Perform the following on Motorola Infrastructure:
2.2.1. Perform an operational check on the Infrastructure to determine the nature of the problem.
2.2.2. Repair or replace malfunctioning FRU, as determined by Servicer.
2.2.3. VerifY that Motorola Infrastructure is returned to Motorola manufactured specifications.
2.3. Provide the following service on select third party Infrastructure
2.3.1. Perform pre-diagnostic and repair service to confirm Infrastructure malfunction and eliminate
sending Infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable.
2.3.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third party vendor for
repair service. Servicer is responsible for all shipping and handling charges.
2.3.3. Coordinate and track Infrastructure sent to the original equipment manufacturer or third party vendor
for service.
2.4. Re-program Infrastructure to original operating parameters based on templates provided by Customer
required by Section 3.2. If the Customer template is not provided or is not reasonably usable, a standard
default template will be used. The Servicer will provide the standard template.
2.5. NotifY the Customer upon completion of repair or replacement.
2.6. Properly package, return ship or hand deliver Infrastructure to the Customer specified address. Servicer
will pay return shipping charges, if being sent via overnight carrier.
3.0 Customer has the following responsibilities:
3.1. Contact Servicer and provide the following information:
3.1.1. Provide customer name, address of site location, and symptom of problem.
3.1.2. Provide model description, model number, serial number, and type of System and Firmware version,
if known.
3.2. Maintain and/or store backups of all applicable Software applications and Firmware for reloading, if
necessary by Servicer, after repair service is completed.
3.3. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to
provide Local Infrastructure Repair services to Customer.
Local Infrastructure Repair
Approved by Motorola Contracts and Compliance 1-15-04
page 1 of 1
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM E.!.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon)
D August 16,2005 August 1,2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D D October 17, 2005 (Noon )..:~.. . ;--j
September 6, 2005 August 15,2005 (Noon) November I, 2005 -
2-5
D [gj <;Ie;:
September 20, 2005 September 6, 2005 (Noon) November 15,2005 October 3 1,2005 (Noon) !
-__1
.0
D D :J: .,
Administrative Development Plans iS5
NATURE OF [gj Consent Agenda D New Business i"j
r"r,) - t': t=I)
.~fl1
AGENDA ITEM D Public Hearing D Legal "'l.:t:>
'("")
D Bids D Unfinished Business ::r:
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the November 15,2005 City Commission Agenda under
Consent Agenda. This item was tabled, at the applicant's request, from the November 1 st meeting to the November 15th City
Commission meeting. The Community Redevelopment Agency Board recommended that the subject request be denied on
October 11,2005. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 05-186.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Majestic Gas (ZNCV 05-007)
Rajesh Patel, Raj Properties, Inc.
N/A
302 West Boynton Beach Boulevard
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 4-L, requiring a six (6) foot solid, stucco masonry wall, to
allow a six (6) foot vinyl pr wood fence in a C- 2 Neighborhood district abutting an R -1- A
Single Family Residential neighborhood.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Z-L}-L ~
Planning and Zo~ Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\302 W. Boynton Beach Blvd\ZNCV 05-007\Agenda Item Request Majestic Gas ZNCV 05-007 11-15-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
_.-..---.-----.-...-.-....-----..-..-...... .-.--.__...._.._.._.,..'.....M.'..._.......- ..."....
~m:-
wr" ~e~&tJ h. (jYJJ"enu pat)
90'). w, ,i) ~n/PA. ~ead /1.Ivd
tfJtJf)~ 1Je.pA4, /1 - 93v8S-
10;- 4 (M(1'(F~ C?7 tJ/ ~r;nliiA B~
7Y7r, kwrl ~/lVY'
~:- tJan'ttM" ~ale;;A/
tR~~at~ 0v1r. ~d- tfmUnerl
:! M:fecI.flPo ffIfth .A re e ~t..-6 ITl PiAL
~ ~~ me~?J h ~ -IUrw, ~A-
J ~ JJe ;pralLec/. Ci!YI.J F/OJR- b ~ .adl/nP
J .Am fld no."..d ~..MR -fieM-i(J Ji;~;'; -!Je~
17J~ /TIe. t!!LM-~ (f~ ~ ~4 .
rD~: II/OI(~
-
. .
-
\
a 1J ~ t.. fa-feR
;p-reJ. tRf/f?fre;bF.5 ~(I .
RECEIVED -
NOV - 1 2005
I
CITY Mi~N!~GER'S OFFICE
VI.-CONSENT AGENDA
ITEM E.3.
CITY OF BOYNTON BEACH //-o/-e)S
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 August 2, 2005
0 August 16, 2005
0 September 6, 2005
0 September 20, 2005
July 18, 2005 (Noon.)
o October 5, 2005
o October 18, 2005
IZI November I, 2005
o November 15,2005
September 19,2005 (Noon)
August 1,2005 (Noon)
October 3, 2005 (Noon)
, )
August 15,2005 (Noon)
October 17, 2005 (Noon)
c:>
c.)
October 31, 2005 (Noont-l
" --<
-.<
September 6, 2005 (Noon)
I"~)
NATURE OF
AGENDA ITEM
o Administrative
IZI Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Un[mished Business
o Presentation
r-..:,
""'1-_...
--;1
:"'..)
~_ Pl
\. .)""-"'.10
";c;
RECOMMENDATION: Please place this request on the November 1, 2005 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be denied on
October 11,2005. For further details pertaining to the request, see attached Department of Development Memorandum No.
PZ 05-186.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Majestic Gas (ZNCV 05-007)
Rajesh Patel, Raj Properties, Inc.
N/A
302 West Boynton Beach Boulevard
Request for relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 4-L, requiring a six (6) foot solid, stucco masonry wall, to
allow a six (6) foot vinyl or wood fence in a C-2 Neighborhood district abutting an R-I-A
Single Family Residential neighborhood.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
D,v~!.B1rr"ro,
~~
City Manager's Signature
}.,~cJ.~ ~
ts"lanning and Zoning ]ti ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\302 W. Boynton Beach Blvd\ZNCV 05-007\Agenda Item Request Majestic Gas ZNCV 05-007 11-1-05.dot
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
Meeting
Date:
File No:
Location:
Agentl
Owner:
Project
Name:
Variance
Request:
Property
Location:
North:
South:
East:
West:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-186
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT BOARD AND CITY COMMISSION
October 11, 2005
ZNCV 05-007 Buffer Wall
302 West Boynton Beach Boulevard, Boynton Beach, FL
Rajesh Patel, Raj Properties, Inc.
Majestic Gas
Relief from Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot
fence along the south (rear) property line in lieu of the required six (6) foot stucco
masonry buffer wall required to separate a commercial district from an abutting
residential district.
The site is located east of 1-95 on the south side of Boynton Beach Boulevard (see
Exhibit "A"-Location Map). The subject property, totaling 0.7 acre, is currently
zoned C-2 (Neighborhood Commercial) and classified Local Retail Commercial
(LRC). The subject site abuts Boynton Heights to the south, a residential
subdivision zoned RIA.
The following is a description of the land uses and zoning designation of the
properties that surround this site:
Right-of-way for Boynton Beach Boulevard, farther north property classified Local
Retail Commercial (LRC), zoned Neighborhood Commercial (C-2) and developed as
professional office uses;
Properties within Boynton Heights subdivision classified Low Density Residential
(LOR), zoned Single-Family (RIA), and developed as single-family residential;
Right-of-way for NW 2nd Street, further east property classified Local Retail
Commercial (LRC), zoned Neighborhood Commercial (C-2), and developed with
residential use; and,
Property classified Local Retail Commercial (LRC), zoned Neighborhood Commercial
(C-2), and developed as professional office use.
Page 2
Memorandum No. PZ 05-186
ZNCV 05-007
NATU~E OF ItEQUEST
Rajesh Patel of Raj Properties, Inc., owner of the subject property (Majestic Gas), is requesting a
zoning code variance to seek relief from Chapter 2, Section 4.L. of the Land Development
Regulations, the applicable part of which states as follows:
L. BUFFER WALLS. For new construction or major modification to existing developments,
where a commercial and/or industrial district abuts a residential district, a solid, stucco
masonry wall painted on both side at least six (6) feet in height shall be located within the
required side and/or rear yards except with respect to corner lots, said buffer walls shall
be required only on interior lot lines. Said buffer walls shall not abridge any easement
rights or be constructed over any existing utilities in any easement area and shall be
setback two (2) feet from adjoining property lines.
It is important to note that commercial properties, due to the intensity of their uses, are required
to provide for additional buffering to minimize land use conflicts when located adjacent to
residential neighborhoods. Landscaping elements, including dense vegetation, berms, and
buffer walls, can provide effective barriers, and mitigate the impacts of unattractive views,
vehicle headlights, and noise, without sacrificing the functional necessities of the commercial
site. Advantages of a masonry buffer wall, rather than a fence include the following:
· walls act as sound barriers and can substantially reduce noise associated with a gas
station use;
· walls can withstand high winds and are more durable and provide more stability than a
fence;
· walls help contain gasoline emissions, headlights, and store security lighting to gas station
site; and,
· walls are attractive, fire resistant barriers, and require lower maintenance than required
for fences.
BACKGROUND
The existing gas station is considered a nonconforming use due to its location and
noncompliance with current code requirements such as conditional use approval, and
buffers/landscaping. The construction of the buffer wall became a requirement in connection
with an upcoming application request from the owner for a major site plan modification. The
applicant intends to remodel the existing gas station building by closing the automotive repair
operations in the garage and using that existing space to increase the size of the convenience
store. The applicant is prohibited from adding on to the building and increasing the building
square footage on site, which would be considered an expansion of a nonconforming use.
The buffer wall is required only along the rear property line adjacent to residential, and is
required to be at least six (6) feet in height and located at least two (2) feet from the rear
property line so that it can be maintained without trespassing onto adjacent properties. The
applicant is proposing to construct a six (6) foot fence in lieu of the required minimum six (6)
foot masonry wall along the south property line that abuts Single-family residences in a
subdivision zoned RiA.
Page 3
Memorandum No. PZ 05-186
ZNCV 05-007
Previously, a concrete slat or louvered wall was located along the side interior and rear property
lines, however this wall was recently removed by the applicant after it was damaged. Aerial
photographs from approximately 2003 indicate the site was also densely buffered along the side
interior and rear property lines, but current site conditions do not include any buffers. Due to
the recent removal of the buffer wall and most of the vegetation on site, the gas station site is
now very visible from adjacent residential properties to the south and southwest. The side
interior (west) and rear (south) yards of the service station, which are the highly visible areas
from adjacent residential properties, are used for dumpster service area, tanker truck parking for
filling up underground fuel storage tanks, unscreened outdoor storage of dozens of used tires,
and propane tank storage.
Florida Power and Light has a three (3) foot wide utility easement which runs along the rear
(south) property line of the subject property. Some existing vegetation along the rear property
line is located within this easement, and has been cut back so it does not interfere with the
power lines. The majority of the vegetation along the rear property line is unhealthy, weakened
by irregular pruning and storm damage, or consists of undesired exotic species. Landscape code
requirements address landscaping within easements: buffer walls are to be located outside of
easements for access purposes, and canopy trees are required to be planted outside of
easements so that roots and branches do not impact existing utilities.
ANALYSIS
The Board has the authority to grant a variance that will not be contrary to the public interest
when, owing to special conditions, a literal enforcement of the city ordinance would result in
unnecessary and undue hardship. However, the code states that a zoning code variance cannot
be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same Zoning district
b. That the special conditions and circumstances do not result from the actions of the
applicant
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
district
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other propelties in the same zoning district under the terms
of the ordinance and would work unnecessary and undue hardship on the applicant
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
f. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter [ordinance] and that such variance will not be injurious to the area
involved or othelWise detrimental to the public welfare.
Page 4
Memorandum No. PZ 05-186
ZNCV 05-007
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "C". Staff does not concur with the applicant's justification to criteria "a"
above that there exists special conditions peculiar to the subject parcel, namely location of the
utility easement and existing trees within the easement. Utility easements are typically located
along the rear property line of lots and these easements are usually much wider than three (3)
feet. The existing foliage along the rear property line is considered marginal, most consisting of
unhealthy vegetation or undesirable exotic species. The existing foliage is in the way of the
power lines and should be removed in conjunction with future site redevelopment and replanted
with more formal landscape buffer plantings. Per the Landscape Code, buffer requirements
between commercial and residential properties require a buffer depth of five (5) feet. The
required buffer wall can be located three (3) feet or more from the rear property line outside the
FPL utility easement. Required shrubs which meet FPL guidelines can be planted within the
easement along the exterior side of the wall, and required trees and shrubs can be planted along
the interior side of the wall to provide the required buffer and additional screening from adjacent
residential properties.
With respect to criteria "b" above, the applicant states that the special conditions and
circumstances did not result from actions of the applicant. The applicant's justification states
that dense trees and shrubs were on site before he purchased the property in 2003, and the
trees caused the fence to disintegrate. The wall and much of the vegetation that was on site in
2003 has been cleared due to the applicant "trying to clean this property".
With respect to criteria "c" above, the applicant states that the situation is unique and applies
only to the applicant. The Land Development Regulations require a masonry wall between
commercially-zoned and residentially-zoned properties throughout the City. According to
Chapter 2, Zoning, Section 4.L, a solid, stucco masonry wall is required along the rear (south)
property line only, because this commercial property abuts a residential district only to the south.
In this situation, no buffer walls are required along the north, east, or west property lines. A
minimum two and one-half (2.5) foot planted landscape strip is required along the west property
line adjacent to other commercial zoning, in comparison with a five (5) foot buffer with wall
required adjacent to a residential zone.
With respect to criteria "d" above, literal interpretation would not deprive the applicant of rights
enjoyed by other property owners in the C-2 zoning district, and would not be an undue
hardship on the applicant. There is an alternative to comply with the code requirements without
the need for the requested variance. The masonry buffer wall is required to be outside of the
easement, and can be placed more than two feet from the property line. The required buffer
should include shrubs along the exterior side of the wall, and trees and shrubs along the interior
side of the wall. The side (west) property line should include a planted landscape strip of trees
and shrubs, however no wall or fence is required in this location. The applicant should
coordinate with FPL on tree removal within the FPL easement to further protect the power lines,
strive to be a good neighbor by effectively buffering the gas station from the adjacent
residences, and try to improve the property and bring the site up to code as much as possible.
With respect to criteria "e" above, the applicant purchased the property in 2003 and has since
had reasonable use of the property. Whether the condition of the fence was known at the time
or not, the new property owner assumed the existing conditions of the site improvements. If
Page 5
Memorandum No. PZ 05-186
ZNCV 05-007
the cement louver fence was aged and beyond repair, it is the responsibility of the applicant, as
owner of the property, to comply with the code requirements and replace the buffer wall outside
of the easement as required by the code, and also replace the wild undergrowth that has been
removed with more formal buffer plantings. The applicant's upcoming request for a major site
plan modification to remodel the gas station will require this nonconforming site to be brought
up to code, including landscaping.
With respect to criteria "f" above, granting the variance and allowing a fence instead of a wall
along the south property line will result in a less durable screen with more maintenance
requirements, and may not provide an effective screen for noise, emissions, and lighting.
Adjacent residential properties have been negatively impacted by the neighboring gas station,
and a fence rather than a masonry wall will not effectively mitigate the many negative impacts.
RECOMMENDATION
Staff recommends denial of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a fence in lieu
of the required minimum six (6) foot high stucco masonry buffer wall to separate a commercial
district from the abutting residential district. It is the position of staff that the applicant has not
demonstrated that this request represents an undue hardship or the minimum necessary to
make possible the reasonable use of the property. The purpose of the buffer requirement is to
provide a visual and noise barrier between the residential and commercial properties. There are
alternative solutions noted herein which comply with the code requirements without the need for
the requested variance.
Staff conditions and any other condition(s) recommended by the Community Redevelopment
Agency Board or the City Commission will be included in the Exhibit "0" - Conditions of
Approval.
S:\SHRDATA\Planning\SHARED\WP\PROJECTS\302 W Boynton Beach Blvd\ZNCV OS-007\staff report buffer wall.doc
MWR/kz
...
1 in. = 102,1 feet
EXHIBIT "A" LOCATION MAP
IO.~?.
> I.I::>l2.TH 10'
135.4-1 (M)
I
~
I....
<,
"
H
"
~Io"il
"'-J. WI Z b!9 ~ TRe. ~T
-~
EXHIBIT "B"
!I' .
I U1IUT'f
~ I &<sCrEHT
r~
, sl
~~~
I'IC201
.~
1
..tw
\5
~:
::J
':!/...
<l,
>
..u
-'.
':)
~
+---~ j
I. :f X ~ - " .'; _ 'I?? ?2.' (f>) '11:...J:..:.7'.i' (rJ)
~ IS '" " ..' , /':;) +<:>'
47.0' I "'-." :,...,.: \-.. .;,: : '. .' ." ::. . ....:_...' ~~ '4i>i.k:-Rf.T.f,- '; ~::': {':::;'
f ~:''': r~I.II! J ~.. ~ '. ;::.,'e::'; ,
~ .;'. a -5~' l~\ "''<.;< It' -~. '. ,~
d' _ ~ "'~F. ::: . '.
~ .' . = '=~-,'
~. \ h\ .: .....:..:.. '. , .
:z e '- :r.-- . I.!). .,... ~ .: Gl
~ .',. If- Y"'/" 'f( ~J>~,
O v\ t 6 ': . f-..... {1 i. ~ ..:
"? ~-~ .. ',' .....:.......... "q .' V1
~~ ~':'-.'-" -~ . p. 0 :;,~,~..k( .-~ C: ."~ m '<(
! '.' ZI.S' ,'f:! .. ........;0:--
t <!.:; IlL.S' e '. '~' : .: ;'-:,;" : '.';." .'r., . :..., ~:. >..~ . :.:
::-. .' ...' (f) I. ;.c:? . .
_:. .;....I.l.':J...~: '..
;.. ,'. ,J .; .... ~. .J.
. C'-: .: ". I '; ~., :" r "' ..' '. , " ,,'
\'lU '" .' i. L " . , . ~ .:. Q
~.. .-: "-I"~:-'-:-':"""':"'-::'-:-""'~';:':-:-'~~~
~:l- A~' · '.
2
::J.
,
2.
>-
~.
~,
l;)
J\
~ ~
~ ~d
'" '^' '~3
..~~8 ~N
'j-.tt::H" NIX
';I:'~ -' \:.- ~
!c% ~'"
'v~
'_5
11I.~
ft
. ~ ~
.~
..
o;i
:os
~
..)
\fiN
~J
~JJ
.....r-J
.;: ~
3.
~l-
~~
~~
"",r
;: ~
~!
c
-L
'J
~
lU
:0-
:.-... .'
_ f /j' ,i '.
\:\ :.: ..' '.
~ . -
& ;:'~;'.
N .;:~~ ~.jf;~~' l .: < ...
. ... '- ~.s' . ( . " ~
~ ':.,." ..;r '",
.' ~~. ~ ~ ---.:.'\ '~:j
.~ . ~.: ~l : I . ~ ~ ~
(' : :. -l ~ j:i\ll
::r': : .~.... . ~.1tl~
n'. " .t~!
.!
s
4?,~I.
". /""'
i~ 1-
:3 -".- N
't.... 0- .....
... '- \-
~~ - (:)
-' ,
.,.3 ~
1=-
..r-
~i ~
'..
;:<\
C'-l ~
'P
~ ,4'.~;
L T
...
to
\'I
-Q
. E
~~
S~
~
I-
.s
:1
-
~
r
.s
~
'%
r.:
\i
40.0'
1-'-
-d
:x-{
:P
:z
(I
~
I-
o
-'
~
\-
]
.I~. ?2.I(P) l=bl?,+l ~(M)
~
. r "1
.!~ i
I{~ ~
10'
Raj Properties Inc.
P. O. Box 248
BOYNTON BEACH, FL 33425.
(561)758-5110
(561)752-2806 FAX
August 22, 2005
Re: Majestic Gas Station's Fence. 302 w. Boynton Beach Blvd, B.B., Florida 33435.
Dear Mr. Rumph,
I am writing you in reference to Variance application for above listed property. I am going
to try to represent the situation to best of my ability.
A. That special conditions & circumstances exist which are peculiar to the land, structure or
building involved & which are not applicable to other lands, structures or buildings in the
same zoning district.
Answer: We used to have Fence wall made of cement louver pre cast right on property line.
I think that fence was installed long time ago. Now, about five trees have grown right in to
them. And by those trees being there it would be impossible to build a cement block wall
there. See Appendix "A". Also if we put the wall 2 feet from adjoining property line, then
we run in to Trees plus Electrical and Telephone poles.
B. That the special conditions & circumstances do not result from the actions of the
applicant.
Answer: We purchased that property in January'2003, and ever since than we are trying to
clean this property. The trees that caused the fence to disintegrate are much older that 30
months. Initially the fence was fully covered with dense bushes, barely visible of its
condition.
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the same
zoning district.
Answer: I think our situation is unique, and that is why it will apply to us alone.
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the tenns of
the Ordinance & would work unnecessary & undue hardship on the applicant.
Answer: For us to have six feet tall block wall there, first we need to cut down about nine
large trees. Grind all the roots out. Also there is a issue for utility poles. And then put the
wall up.
E. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure.
EXHIBIT "C"
EXHIBIT "e"
Answer: By letting us putting a six feet tall Vinyl Fencing or Wood Fencing there we do
not have to cut down any of those trees or interfere with utility poles. It will also give
privacy to the neighbors.
F. That the granting of the variance will be in harmony with the general intent & purpose of
this chapter & that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Answer: I think by allowing us to build a Vinyl or Wood Fence, we achieve two goals at
the same time, One keep all those full grown trees and second have nice looking fence for
privacy.
Thank you very much,
Sincerely,
EXHIBIT "D"
Conditions of Approval
Project name: Majestic Gas Buffer Wall
File number: ZNCV 05-007
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\PlanningISHARED\ WP\PROJECTS\302 W Boynton BeachlZNCV 05-0071COND OF APPROV AL.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME : Majestic Gas
APPLICANT'S AGENT: Mr. Rajesh Patel, Raj Properties, Inc.
APPLICANT'S ADDRESS: 5728 Descartes Circle, Boynton Beach, FL 33437
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
November 1, 2005
TYPE OF RELIEF SOUGHT: Buffer Wall ZNCV 05-007: Relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer
Walls, to allow a six (6) foot fence along the south (rear) property line
in lieu of the required six (6) foot stucco masonry buffer wall required
to separate a commercial district from an abutting residential district.
LOCATION OF PROPERTY: 302 West Boynton Beach Boulevard, Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO,
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S;\Plannlng\SHARED\WP\PROJECTS\302 W Boynton Beach\ZNCV 05-007\DO.doc
VI.-CONSENT AGENDA
ITEM F
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16,2005 August 1, 2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon)
0 September 20, 2005 September 6, 2005 (Noon) r8J November 15,2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF r8J Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
-
.. ...\
(:.:)
..~.....
r,.l
.'t::.~
RECOMMENDATION:
Return cash bond of$ 3,300.00 to Serraes Construction for the project known as St. Mark Catholic Church.
c:,
."':, -,-
.,C-J
-- \Tl
,:"} .,..",
I ~1l C;
:::r::
Ci)
EXPLANATION:
On December 10, 2004, the Building Division sent to the Finance Department a cash bond of $3,300.00 for the completion of
the permitted work for the project known as St. Mark Catholic Church located at 643 NE 4th Avenue. The work has been
completed and the CertifIcate of Completion was issued on March 15, 2005.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None
ALTERNATIVES~
i f
Quintus L. G ne, Development Director
Development Department
Department Name
S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
03-1068
~
CERTIFICATE
o F
OCCUPANCY
PER MAN E N T
Issue Date
3/15/05
Parcel Number . .
Property Address
08-43-45-22-05-000-0070
643 NE 4TH AVE
BOYNTON BEACH FL 33435
Subdivision Name
Legal Description
Property Zoning
R S MERRITS SUB
LTS 7 TO 12 INC (LESS W 8 FT
RD R/W) & ABNDED ST LYG E OF &
ADJ THERETO
CENTRAL BUSINESS DIST.
Owner . . .
O'MALLEY SEAN P DIOCESE OF
Contractor
SERRAES CONSTRUCTION GEN. CONT
561 848-6607
Application number 03-00001068 000 000
Description of Work COMMERCIAL BUILDING
Construction type . TYPE IV/UNPROTECTED
Occupancy type ASSEMBLY
Flood Zone . . . . A-7 FLOOD ZONE
Special conditions
ST MARK'S CATHOLIC & RENOVATION
Approved
Official
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT" A"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 04-282
TO:
Bill Mummert, Director of Financial Services
Don Johnson, Building Official ,[)
December 10,2004 'V
FROM:
DATE:
SUBJECT:
. CASH BOND - ST. MARK CATHOLIC CHURCH - 643 N.E. 4TH AVENUE
Attached is a Cashier's Check for $3,300.00 from Serraes Construction. This is a cash surety for St. Mark
Catholic Church and is to be held until all outstanding issues of their temporary Certificate of Occupancy
are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from James H. Anstis, F AIA and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 03-1068
EXHIBIT "B"
S:\Development\BUILDING\Memos\Cash Bonds - 2004\St Mark Catholic Church 03-1068.doc
a
ARCHITECTURE 4
AAOOO2348
225 Southern Boulevard,
West Palm Beach. Florida
Email: janstis@aol.com
Phone (561) 655-9327
AAOOO2347
Suite 101
33405-2768
Fax (561) 655.9341
JAMES H. ANSTlS, FAIA, AR0004829
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
December 10, 2004
Re: St. Mark Catholic Church
643 N.E. Fourth Avenue
Boynton Beach, Fl33435
Gentlemen:
This is to certify that the amount of money that will be required to complete
the items that remain to be completed by Serraes Construction to meet
the city requirements for final Certificate of Occupancy of St. Mark
Catholic Church is $3,000.00.
Serraes Construction will provide you with a check in that amount as a
bond which is understood to be refundable upon completion of the work
and issuance of the Certificate of Occupancy.
Should you require anything further please feel free to contact either
myself or Serraes Construction.
Respectfully Submitted:
U(ll~'
1'2..' 10 'D 'f
Ja es H. Anstis, FAIA
ARCHITECT AR0004829
fD) ~CC~U\W~ rRl
lrU DEe I 0 ~ ~
cc: FR. MARK SZANYI, PASTOR
SERRAES CONTSTRUCTION
BUILDING DIVISION
EXHIBIT "C"
Architecture · Construction Consulting · Interior Design · Forensics
MEMBERS OF THE AMERICAN INSTITUTE OF ARCHITECTS
~ ~ Th\3r.;.::,,€ck has a blue background on white paper and some of the secunty features on this document Include a Watermark MlcroPnnt signature line and a holographic fOIl stamp: absence of these features will Indicate a copy
HOLOGRAM HOLOGRAM HOLOGRAM HOLOGRAM HOLOGRAM HOLOGRAM HOLOGRAM MOLOGRAM -
kiP FOIL STRIP FOIL STRIP FOIL STRIP , FOIL STRIP fOIL STRIP FOIL STRIP FOIL STRIP fOIL STRIP
RAM HOLOGRAM HOLOGRAM HOLOGRAM ,'HOLOGRAM HOLOGRAM HOLOGRAM HOLOGRAM HOLOGRAM
, . F L tRIP , ' FOIL STRIP FOIL STRIP
SbNTRU5l'
87.275/642
Official Gheck
07.39439946
Purchaser
$ERRAES CONSTRUCTION
106127
Date Initials (type)
6074960
Center
Dec. 10,2004
I
****$3,300..00****
***cm OP BOnrroR BEACH***
$ **3,300.00**
PAY
I
L
sunT~.BankS'lnc. by its A
SunT sl' nk
,~~ "ifJr&~
~
To the
Order
of'
Payable at SunTrust Bank
M'
1110 7 :ig~ :igg~blll I:Ob~ 20 27501: 70 ~gO ~gggblll
CITY OF BOYNTON BEACH
Boynton Beach, Florida
38788
20~
DEPARTMENT
FOR {
\~
$
EXHIBIT "D"
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM G.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19, 2005 (Noon)
D August 16, 2005 August I, 2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17, 2005 (Noon)
D September 20,2005 September 6, 2005 (Noon) r;g] November IS, 2005 October 31, 2005 (Noon)
D Administrative D Development Plans
NATURE OF r;g] Consent Agenda D New Business :' ...j
"
AGENDA ITEM D Public Hearing D Legal ~
C) "..
D Bids D Unftnished Business fI4::~-":: ;1"1
C,._.,'
D Announcement D Presentation f'0 LJ
; _.<:
-.-."
D City Manager's Report :r~
_.:ili... ::~
co .;::; ::c
'1 cn
,.-. - 1"'1
RECOMMENDATION: '-:::' ':':r.-.
Return cash bond of$29,198.40 to Elder-Jones, Inc. for the project known as Nextel Communications (Store #35, t3oynt~~
Beach Mall). -
EXPLANATION:
On August 3,2005, the Building Division sent to the Finance Department a cash bond of$29,198.40 for the completion of the
permitted work for the project known as Nextel Communications (Store #35, Boynton Beach Mall) located at 801 North
Congress Avenue # 265. The work has been completed and the Certificate of Completion was issued on August 31, 2005.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
EldeNonl~S=~~Ti-
GENERAL CONTRACTeR-I_..,
October 11, 2005
1120 East 8QIh Street, 1211
BIour'..... MN 55420
Joy Predmor&Peck
Ph. (952) 345-6038
Fax (952) 854-2703
joyeous@elderjones.com
Via Fax: 511.742.6357
(Original documentation
will be oyemighted)
City of Boynton Beach - Bldg. Dept.
Attn: Mr. Timothy K. Large
100 East Boynton Beach Road
Boynton Beach, FL 33425
RE: Nextel t#35. Bovnton Beach Mall. Bovnton Beach. .EL
Permit" Q4.M20
Parcel t# 08....3-45-11-05-015..0010
Dear Mr. Large:
Elder.Jones was the General Contractor for the above referenced project.
At the beginning of this pro.ieCtt we were required to issue a Cashier's Check
to the City in the amount of $29,198.40 which was to be refunded to us upon
completion of the project.
We were given our Certifcate of Completion from the City in August and are
now requesting that this amount be refunded. I have enclosed a copy of the
Cashier's Check and the CertIfIcate of Completion for reference.
If you should have any questions, please feel free to contact Project
Manager Christian Elder at 704.489.0729.
Sincerely s n 0
,:::::: <;~
Timothy Schenk
Qualifying Agent
Elder-Jones, Inc.
TSljp
cc: Christian Elder
~Jjd-j~
l
.
L.ISA M. SUTTER ,
~OT~RY "VB~IO:MIl'JNfSOTA ..
My CO"IIIlllllOll Expires .Ian, S!. ~ 1 ~ ,.
1.~/'...>>-l.U' fJ.~,y,J.,{ ,'. .
EXHIBIT" A"
SjNOr-~jOlj ~d(;v: l SOOi: 'll 'DO
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
04. "41 I 0
C E R T I F I CAT E
o F
COMPLETION
Issue Date
Parcel Number . .
Property Address
Subdivision Name
Legal Description
Property Zoning
Owner . . .
Contractor
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
NEXTEL
Approved
PER MAN E N T
8/31/05
08-43-45-19-05-015-0010
801 N CONGRESS AVE 265
BOYNTON BEACH FL 33426
19-45-43, PB7P19 & 19-45-43,
T RS 15 THRU 21, 23 THRU 38 &
SW
1/4 OF NE 1/4 (LESS PARS K/A
COMMUNITY COMMERCIAL
BOYNTON JCP ASSOC LTD
ELDER-JONES INC
612 854-0821
04-00005420 000 000
INTERIOR RENOVATIONS
BAY #265
~
Bui di Official
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-153
TO:
Bill Mummert, Director of Finance
Don Johnson, Bnilding OffiCial~
August 3,2005
FROM:
DATE:
SUBJECT:
CASH BOND - NEXTEL COMMUNICATIONS (Store # 35, Boynton Beach Mall)
801 N. CONGRESS AVE. # 265
Attached is a Cashier's Check for $29,198.40 from Elder Jones, Inc. This is a cash surety for Nextel
Communications; Store # 35 located at the Boynton Beach Mall and is to be held until all outstanding
issues of their temporary Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from Matt Masilionis and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-5420
EXHIBIT "C"
S:\DevelopmentIBUILDING\Memos\Cash Bonds - 2005\Nextel Comm (Store 35) 04-5420.doc
III ~ ~ II b ~ bill 1:011111100 1111 ~I:
11001110 2 Sill
! --;;;;;~;~;;:~:~~- - - - n - -- _n -- - -. .-- -.--~~YkI-- --396 87-w---
i DATE ~ - t
t
I
I
t
I
t
r
let
I} FOR
I
I
~- j ~
~ $! dqJ\q~J-.\ '., . ,
~._........_;...;_._.................. ......__ _ .............._ _,.__.~_.... .;....___.........--...... _ ....._ _ __ _;- .......___...;....--. _;.....~___ _...i...-.'-. _-:-"'-',-~__....._______.............____ ........;;......-._.-.__..........._...... _-_''';'''''-''';''':';M-.___
.
EXHIBIT "D"
28 July 2005
Don Johnson
City of Boyton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425
Subject: Permit #045420 - Nextel Store #35 at Boynton Beach Mall- Phase n valuation of work
Dear Mr. Johnson,
In accordance with code section 106.1.2 Issuing Certificate of Occupancy we are issuing the following letter.
Based upon discussion with the General Contractor, Elder Jones, and photographs of the work completed to
date we fmd the following valuations of work to be equitable:
Total Contract Sum: $134,058
Value of Work completed to date in Phase I: $107,514
Value of Work to be completed in Phase II: $26,544
If you have any questions or concerns please contact us.
Sincerely,
Rees Masilionis Turley Architecture, L. L. C.
EXHIBIT "E"
REES
MASILlONIS
TURLEY
816,842.1292
816.8.42.1818'
RUS-STUDIO.COM
908 BROADWAY
6TH flOOR
l<.ANSAS CITY MO
64105
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
VI.-CONSENT AGENDA
ITEM H.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16,2005 August I, 2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15, 2005 (Noon) 0 November I, 2005 October 17,2005 (Noon)
0 September 20,2005 September 6, 2005 (Noon) ~ November 15, 2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
)....,~
-.-
4~'~...
c:)
-.-l ~-.;"
0lIli;;;:::
-:' 'i
I
r'-:l
C:"J
.:=)
,,-.(
Jb
/~ --I
;::)
-~',",:I'
--......,.
RECOMMENDATION:
Return cash bond of$ 11,000.00 to Pyramid Construction for the project known as Dunkin Donuts.
0:,
..
~.::"r~l"""--~
""r]OJ
--f1l
('''') '-
,",1 c::;
:r
a
EXPLANATION:
On August 18,2005, the Building Division sent to the Finance Department a cash bond of $11,000.00 for the completion of
the permitted work for the project known as Dunkin Donuts located at 1317 S. Federal Highway. The work has been
completed and the CertifIcate of Completion was issued on September 29,2005.
PROGRAM IMP ACT: None
FISCAL IMP ACT: None
Development Department
Department Name
Quintus L.
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
. Oct 05 2005 4:57PM HP LASERJET FAX
~-~--
I
p. 1
PYR
MID
CONST
UCTION
Dear Sirs:
OJ.t-00003~"ib
In reference t permit number , we are requesting a refund of
our bond post to obtatn a TCO for this project. On the date of
_ - c- we applied for a TCO and posted a bond of
$11,000 (elev n thousand dollarsl. We have since obtained a flnal CO on
this project fu iIIed all requirements put forth by the city. Please refund the
bond to us as oon as possible and send the check to:
Pyramid Cons ructlon
910 South Mic igan Ave, Suite 18t 9
Chicago,IL 605
Sincerely,
PYRAMID CO
~ j)~' .
OWNERS P AT 1317 S FEDERAL HWY
KG'" v ~,,\ ~'" \~c"-\
(NOTARY STA P)
~OEUA
"'.J. NoIIfY PuIlIC' SlIIII 01 FIDI*
(NOTARY STAMP i' · .}""y CommiSSiO\liexpkll0cl21.1001
~:~ ....{>~:: commiS$iOll' DO 316997
"':~ ~ f"'o.:~"
'll"..."
c.........----.---..---
L:-.
Ph neI312)935-1000-Fax(312)935-IOOI'910SMichiganAve'Sui1e 1819
c~
YNNI.pyfO ctlon.net
EXHIBIT" A"
CITY OF BOYNTON BEACH
P.O. BOX 310
BOYNTON BEACH FL 33425
C E R T I F I CAT E
o F
OCCUPANCY
PER MAN E N T
Issue Date
9/29/05
Parcel Number
Property Address
.-
08-43-45-28-01-000-0031
1317 S FEDERAL HWY
BOYNTON BEACH FL 33435
Subdivision Name
Legal Description
Property Zoning
CENTRAL PARK ADD TO BOYNTON S
15 FT OF LT 3, LTS 4 & 5 &
E 50 FT OF LTS 11 & 12
COMMUNITY COMMERCIAL
Owner . . .
RHC ASSOCIATES
Contractor
PYRAMID CONSTRUCTION
305 341-3500
Application number 04-00003846 000 000
Description of Work COMMERCIAL BUILDING
Construction type . TYPE V/UNPROTECTED
Occupancy type MERCHANTILE
Flood Zone . . . . B FLOOD ZONE/MIN FLOODING
Special conditions
DUNKIN DONUTS
FINISH FLOOR ELEVATION 9.72 LAG 8.60 FLOOD ZONE B & C
MAP/PANEL 120196-0003 C 9/30/82
Approved . . . . . . . B~~~
VOID UNLESS SIGNED BY BUILDING OFFICIAL
J
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-164
TO: Bill Mummert, Director of Finance
FROM: Don Johnson, Bnilding OffiCi.llffJ
DATE: August 18,2005
SUBJECT: CASH BOND - DUNKIN DONUTS -1317 S. FEDERAL HIGHWAY
Attached is a Cashier's Check for $11,000.00 from Miami Development, Inc. This is a cash surety for
Dunkin Donuts and is to be held until all outstanding issues of their temporary Certificate of Occupancy are
completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from James W. Wesson, P.E. and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-3846
EXHIBIT "C"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\Dunkin Donuts 04-3846.doc
-~ "~- - - ~ ~ ="- ~= ",.-------- ~ - -~
905953601
Date 08/16/2005
Ifflhols Remitter MIAMI DEVELOPMENT INC.
Pay: ELEVEN THOusAND DOLLARS AND 00 CENTS
Pay. To The CITY OF BOYNTON BEACH
Oraer Of
$ *********11,000.00 ***
~~.c;"~;~C.;'"'...'..';:Ei".:..::..::::::".......___....
~t:es'den ..... .. . .-. _ . . .-. _ Seru,;~
Issuecjby Integrlit.. ...aym~t SYStarnS Inc., Englewood, COlorl:1d~. r.:::'~ir:'oo>
. . JI;)~rg_~~.<2~~~J~~l1k,'::l.:..~~Q~\I~~<?()~_~d_o______.__._._____________"=~_. ..__
II- ~ 31 ~ ~ 0 0 II- I: ~ 0 2 0 0 0 11 ? 111: 2 5 0 0 11 0 5 11 5 31 b 0 ~ 1111-
,------------------------------------------------------------------------------------1
l CITY OF BOYNTON BEACH \ ----. --,_ {\\J"\:~ 38978
: Boynton Beach, Florida \\ \ '<'-:7 ~'
: ~a~
I -
I
I
,
,
I
I
I
I
: FOR
,
I
I
I
I
I
: $
I
~-". -' ,,' ,;,..,."....... -'-'-lIIlIii'.,i"1"IIIiM..'..a!i.k"........~-<<<.. ..jj,~--.,............ "'W' ..~,"~'''~~ ,.", ,.' '-"..:....~.:......, ," ,-~,""
,..... --~",",,~,;,-,,- -<.'-'<-<;;.:~....."h~......'~}
.
EXHIBIT "D"
ill
UJrnurn~
""" I 1 2005
, BUILDING
Design With Integrity
Sinclair Engineering Company
August 16, 2005
City of Boynton Beach
Engineering Department / Building Department
100 E. Boynton Beach Boulevard
Boynton Beach, FL 33425
Subject:
Dunkin' Donuts I Baskin Robbins Restaurant
Permit# 04-3797
To Whom It May Concern:
The parking area paving work at the subject site is incomplete. The estimated cost to
complete the paving work is $10,000.00. The estimated time to complete the paving
work is 15 days.
Please feel free to contact Sinclair Engineering Company pertaining to this project as the
need arises.
Sincerely yours; ,
y\J .~
_,,'.lill''''~
,~ .,.0 E W € ....~
{I,,# ~ ....... 8~
I ~f;;:) ..(\CEN.s~..~_
I ~ .. '.-~ "
-",: ",-0\
: -,: :m
i * ~ No. 46487 :..,
'; -0 o. STATE OF .. ^'"I
~ ~ . . ~-
'\. o~".fi.OR\t>~...~~
-~~ ~8. ........ rS-.....,
.~~.. "$/ONAl ~~ ~,<Ii
-.....II...'~~
es W. Wesspn, P. E.
08/16/05
FL Lie. No. 46487
Copy: File 03-11014
G:\susan\docs\SE03\03-11014 Dunkin Donuts, Boynton Beach 11-24'()3\Ltr City BB Bldg Dept lne Paving 08-16-0S.doc
EXHIBIT "E"
8259 North Military Trail, Suite 2, Palm Beach Gardens. FL 33418
561-630-5488 · Fax 561-630-4570 · email: sinclaireng@bellsouth.net
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORi".
VI.-CONSENT AGENDA
ITEM I.
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D August 2, 2005 July 18,2005 (Noon.) D October 5, 2005 September 19,2005 (Noon)
D August 16, 2005 August 1, 2005 (Noon) D October 18, 2005 October 3, 2005 (Noon)
D September 6, 2005 August 15,2005 (Noon) D November I, 2005 October 17,2005 (Noon)
D September 20, 2005 September 6, 2005 (Noon) ~ November 15,2005 October 31, 2005 (Noon)
_ '.l
-.-\
. -~
D Administrative D Development Plans --
je.._
~~ C!
~ D .'
NATURE OF Consent Agenda New Business - ")")
AGENDA ITEM D Public Hearing D Legal ['0 r-',
D D UnfInished Business " .-\
Bids
D Announcement D Presentation en --c1
--;1~2
D ___\' I
City Manager's Report c:::> :."J '"?
loon ""n
~
..J-
RECOMMENDATION:
Return cash bonds of$ 1,495.00 and $15,400.00 to Southern Construction & Design Group, Inc. for the project known as
Murano Bay (sales trailer).
EXPLANATION:
On December 17, 2003, the Building Division sent to the Finance Department cash bonds of $1,495.00 and $15,400.00 for
the completion of the permitted work for the project known as Murano Bay (sales trailer) located at 3103 South Federal
Highway. The cash bond of $1,495.00 was for hurricane shutters (permit # 04-4408) and the bond of $15,400.00 (permit #
03-2343) was for landscaping issues. Permit nwnber 03-2343 was [maled then renewed under permit nwnber 04-4408. All
work has been completed and both permits have received and passed all fInal inspections.
PROGRAM IMPACT: None
FISCAL IMPACT: None
ALTERNATIVES: None
I
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
I! CITY Of BOYf'410N BIACII Application Inquiry ~~~
Functions Help
Application number
Application status, date
Property
PCN
lot Number
10/1312005 i 2:20:49 PM
04 00004408
L APPROvED
3103 S FEDERAL H\lJY
08.43-48-04.17.000.0620
62
~'.
- -~~_._. .----
C3 COMMUNITY COMMERCIAL
T TRAILERITRAlLER TIE.DOWN
10114104
<::iEM;<\A1 E RENeW~,
CG
Zoning
Application type
Application date
Tenant number, name
Master plan number, reviewed by
Estimated valuation 60000
Total square footage 0
Public building NO
Work description, quantity
Pin number
Application desc
01<
E}Sit
1163GO
Cincell
Receipts I
fees
EXHIBIT" A"
13 ClfY Of BOYN ION Ell ACH . Application Incjuiry ~ <<
Functions Help
lOJ1312005 2:20:22 PM
Application number
Application status, date
Property
PCN
lot Humber
00 00002343
CfEMPORAAY FINAL
31 00 S FEDERAL H\IJY
08.43-4&04-17.000-0620
62
---
~-'
20ning
Application type
Application date
Tenant number. name
Master plan number, reviewed by
Estimated valuation 25000
T ota! square footage 0
Public building NO
Work description, quantity
Pin number
Application desc
C3
T
6119103
COMMUNITY COMMERCIAL
TRAILER/TRAILER TlE-DO'WN
TEMPORARY SALES TRAILER
JP
425334
01<
~it
CIncet :1
fees I Beceiptsl
EXHIBIT "B"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 03-272
TO: Diane Reese, Finance Director
FROM: Don Johnson, Building Official p~
DATE: December 17,2003
SUBJECT: CASH BOND - MURANO BAY (Sales Trailer) - 3103 SO. FEDERAL HWY.
Attached are checks for $1,495.00 and $15,400.00 from Southern Construction & Design Group, Inc.
These are cash sureties for the sales trailer at Murano Bay and are to be held until all outstanding issues of
their temporary Certificate of Occupancy are completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachmentslletters from Antolin Cardenas, R.A. and checks
XC: Timothy K. Large, Building Code Administrator
Permit File # 03-2343
EXHIBIT "C"
S:\Development\BUILDING\Memos\Cash Bonds - 2004\Murano Bay Sales Trailer 03-2343.doc
'DEC-16-2003 TUE 02:17 PM SOUTHERN
FAX NO, 305 971 0190
p, 01
----
12900 SW 128 Street
Suite 100
Miami, Florida 33186
AA26000572
12/16/03
City Of Boynton Beach
100 E Boynton BelK:h Blvd.
Boynton Beach, Flo:rida 33425
Ref: Bond Request jor Hurricane Shutters
(Temporary Constroction / Sales Center)
Southern Homes
Building Permit # 0300002343
To Whom it may concern:
This letter is to inform that as the architect of record~ I will like to request a bond to obtain a
temporary Certificatl~ of occupancy (T.C.D) while the hunicane shutters permit pertaining to
the Southern Hom~' Sales Center located at 3103 S. Federal Highway is obtained. The
requested bond will cover 11 ()OIG on the estimated cost for installing the hurricane shutters. I
certified that the estimated cost of the shutters are $1,359.00 and enclosed please find a
cashier check for thl;: sum of $1,495.00 which is expected to be returned once the hunicane
shutters pennit are t:lppTOved by the building department.
EXHIBIT "D"
DOLLARS
NAME Of REMiTtER
, Inc.
~",il.~1 ~::~~pill.
." .: . : . .. . ......
II
. I . .
.. . .... ... ': , ....
II
--------------~--------~-----------------------------------~-_._------~------------
CITY OF BOYNTON BEACH. I
Boynton Beach, Florida "'3J,.,. i
i!~
I rl(
EXHIBIT "D"
SIJutImrn ArI:IJb:turalGrllaInC.
12900 SW 128 Street
Suite 100
Miami, Florida 33186
AA26000572
City Of Boynton Beach
100 E Boynton Beach Blvd.
Boynton Beach, Florida 33425
Ref: Landscape Bond Request for
Temporary Construction / Sales Center
Southern Homes
Building Permit # 0300002343
To Whom it may concern:
As the architect of record this letter is to request that a bond be posted to obtain a temporary
certificate of occupancy while the revised landscape drawings for the Southern Homes Sales
Center located at 3103 S. Federal Highway are being approved. The bond will cover 110%
on the estimated cost ofthe previously approved landscaping plans by the building
department. I certify that the estimated cost per the approved plans is $14,000.00. Enclosed
please find a check for the sum of $ 15,400.00 which is expected to be returned to the Owner
once the revised landscaping plans are approved by the building department.
Your cooperation on this matter is appreciated.
tolin Cardenas RA
AROOl1360
EXHIBIT "E"
"';";L';..',' '0".'...'.<.....,. ....'..).;'" >" .". '...<,......, ...'.,..,....... ... ". i.;...'.....'... ;........<.iCi<...
'. ." ..NIM1..... .... ...... 'B.. rANItj. '. .....
" '.' ,: ).'. " ..,'....-.:.. " '-.,. '-t." .. -: "., .....:', ',.
" ..." . .....'. .,'_'_._ -'.. t..... .
. . " . .
..
. .' , '. , .
., " '- '. ,'. -,":, .. ..:':, ','
J)~ELAND' . .... .'
~PAYto
~. 'tHE ORDER OF
~ NAME OF REMITTER
~ LAIOlSCAPING PERFORMANCE BOND
~ AD~!l"~ GONSTRUCTION & DESIGN GROUP,
~ Issued py If)t~raled Payment Systems Inc. , EnglewoOd. CoIOra.qO
. B,mkOtJe, NADenver, COlorado
**CITY OF BOlNTON BFACB - BUTTDINGDTVTSTON**
(\]LtF~:f'~ :j;:~':~-~ I e:;:;: un(~(kT;'>"""'()~.^<',:
... J) < ",-,.i' ',.,j .,. ~.'.. .:;; 1...) ....r..' "",' ~r ,.,.:
I $ **15,,400 OOfr*
DOLLARS
DRAWER: COLONIAL BANK
INC.
~
/. . ...... ...... ;. '.. ..., ......... OBiZED<.UflS
b800 2. .....3?qnq.II.<...... ...
IIICPl 2 ~O :1111
I: ~O 2000 ~ ? ~I:
1I:I::a"":tr":I.:aI"ill:ll:,.:t"~Ctl:I'III~I'.":I:r...]al:11:tII.I.IIlIILT.I::::Ii'..":r.'i![C1'::t......tllJ..J:.et:r.'.II'.'........i'I......'MI.I.II:I....:::l:(.h'l.t7.':I~i:r:...Ii'I::t.........:I.II:...J=-,'~I..:I.I...lL'J.....:I...[t1:............I.J~I..I~..:I..k's1I.].].:
I
,,;, , ~
, ~ ,.'c- ( ! .1
I ~. ,-' r, f ' ~. "''i i" i./ ('--4
I $ . j \ l.. '.... . (') ) / J t.....,,< (C. .~
i._ __~_ ~ ~ .____ __ ___.. _____.___________ ____ - - __ ______ _. _.__~ - _____ -____ ..----..------ -- ________J
CITY OF BOYNTON BEACH
Boynton Beach, Florida
33933
\ ..,.
. ,
t,.,
EXHIBIT "E"
VI.-CONSENT AGENDA
ITEM J.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
September 6, 2005 (Noon)
o October 5, 2005
o October] 8,2005
o Nov~ber],2005
~ Nov~ber]5,2005
September] 9,2005 (Noon)
0 August 2, 2005
0 August] 6, 2005
0 September 6, 2005
0 September 20, 2005
Ju]y ]8,2005 (Noon.)
August], 2005 (Noon)
October 3, 2005 (Noon)
August] 5, 2005 (Noon)
October 17, 2005 (Noon)
.._-:'
') --.,
October 3], 2005 (Noon~~:
C)
., ~Tt
'.I::-',J
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
0 Development Plans f'J
0 New Business 2:';
-~~
0 Legal C)
0 Unfmished Business c:::>
Ul
0 Presentation
" -~
.. ':)
-'~,) ~::}"..
--q--
---.,C:O
--Pl
C::::J>
i 'I C")
::c
RECOMMENDATION:
Return cash bond of $ 11,000.00 to Phegley Corp. for the project known as Largo Pointe.
EXPLANATION:
On July 13,2005, the Building Division sent to the Finance Department a cash bond of $11,000.00 for the completion of the
permitted work for the project known as Largo Pointe located at I Largo Way. The work has been completed and the
Certificate of Completion was issued on July 15, 2005. The Building Division's first memo erroneously stated that the cash
bond was for townhouse units 1-6. The bond was actually for site improvement permits only (permit numbers 03-3992 and
04-2736). Permit numbers 03-3992 and 04-2736 were [maled on August 1, 2005. Certificates of Occupancy are not
required for site improvement permits.
PROGRAM IMPACT: None
FISCAL IMP ACT: None
Quintus L. G e
ALTERNATIVES: None
Development Department
Department Name
S:\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM.DOC
a CITY OF BOYN-ION BI ItClI Application Incluiry ... ~1lJ
Functions Help
1011312005 . 3:38:34 PM
Application number
Application status, date
Property
Pm
Lot Number
03 00003992
dffiAi F I) ____._._______ 8101~:-.
13 lARGO WAY
06.43-45-32.16.001.??oo
Zoning
Application type
Application date
Tenant number, name
Master plan number, reviewed by
Estimated valuation 4??oo
Total square footage 0
Public building NO
Work description, quantity
Pin number
Application dese
R3 MULTI FAMILY (10.80)
51 SITE IMPROVEMENT
1 QJ1 0103
lANDSCAPE,IRRIG.ENT WALL
JP
9723GO
01<
E~it
C.if1C81 I
fees I Receipts I
EXHIBIT "A"
11 CITY OF BOYN ION BI Actl Application Inquiry ... lWJR
Functions Help
10n 312005 3:36: 15 PM
Application number
Application status, date
Property
PCN
Lot Number
04 00002736
c:fiNALEo -.---
13 LARGO WAY
08.43-45-32.16.001-??oo
---......
~_~_.._~IO~
Zoning
Application type
Application date
Tenant number, name
Master plan number, reviewed by
Estimated valuation
Total square footage
Public building
Work description, quantity
Pin number
Application desc
R3
PO
6115104
MULTI FAMILY (10.80)
PAVING
FOR TRACKING PURPOSES
LAH
o
NO
419520
01(
~it
ClIf1C8ll
fees I Beceipts I
EXHIBIT "B"
CITY OF BOYNTON BEACH
P.O. BOX 310
-BOYNTON BEACH FL 33425
o 4 ... 0 9 6 9 --
C E R T I F I CAT E
o F
OCCUPANCY
PER MAN E N T
Issue Date
7/15/05
Parcel Number . .
Property Address
08-43-45-32-12-000-0090
1 LARGO WAY
BOYNTON BEACH FL 33426
Subdivision Name
Legal Description .
Property Zoning
LARGO POINTE
LOT 9
MULTI FAMILY (10.80)
Owner . . . .
PHEGLEY CORP
Contractor
OLD FLORIDA BUILDERS INC
954 565-8295
Application number
Description of Work
Construction type .
Occupancy type
Flood Zone . . . .
Special conditions
1 LARGO WAY
2 LARGO WAY
3 LARGO WAY
4 LARGO WAY
5 LARGO WAY
6 LARGO WAY
FINISH FLOOR ELEVATION 14.5 LAG 12.9
~P~P~L. 1~Ol96-00,Ar A30:82 b-
~cial
04-00000969 000 000
TOWNHOUSE
TYPE V/UNPROTECTED
RESIDENTIAL
A-9 FLOOD ZONE
FLOOD ZONE A9
Approved
VOID UNLESS SIGNED BY BUILDING OFFICIAL
EXHIBIT "C"
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-141
TO:
Bill Mummert, Director of Finance
Don Johnson, Bnilding Official cJ-9
July 14, 2005
FROM:
DATE:
SUBJECT:
CASH BOND ADDENDUM - LARGO POINTE - 1 LARGO WAY
Cashier's Check number 258894 for the amount of$II,OOO.OO was delivered to your office in attachment to
Building Division Memorandum No. 05-135 on Wednesday, July 13, 2005. Please be advised that this cash
surety for Largo Pointe is for site improvement permits only and not townhouse units 1-6 as originally
identified. This surety will be held until all outstanding issues of their temporary Certificate of Occupancy
are completed, This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments
XC: Timothy K. Large, Building Code Administrator
Permit File #'s 03-3992 and 04-2736
EXHIBIT "D"
S:\Development\BUILDING\Memos\Cash Bonds - 2005\Largo Pointe - Addendum.doc
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 05-135
TO: Bill Mummert, Director of Finance
FROM: Don Johnson, Building Official ~ ~
DATE: July 13, 2005
SUBJECT: CASH BOND - LARGO POINTE (Units 1-6) - 1 LARGO WAY
Attached is a check for $11,000.00 from Phegley Corp. This is a cash surety for Largo Pointe (townhouse
units 1-6) and is to be held until all outstanding issues of their temporary Certificate of Occupancy are
completed. This should occur within 30 days.
Upon completion of the deficiencies of the permit and the issuance of the final Certificate of Occupancy,
the surety will be returned.
DJ:rs
Attachments/letter from James R. Williams, AIA and check
XC: Timothy K. Large, Building Code Administrator
Permit File # 04-969
EXHIBIT "E"
S:\Development\BUlLDING\Memos\Cash Bonds - 2005\Largo Pointe 04-969.doc
DAYS AFTER ISSUE DAtE
~M)'t- 09...6)~'
. PHE-GLEYCQRP.
....... - ......
" .' '. . . '-,"
d .. _. .....
. : .., ,-' .-"..... .-. -..'--", . ,"
. ,. - -. -. ... -' --....
o .. '. '_ _ . . .. .....
", <.:: .'-c',:: ':. ,/,,-: ',"
. . .'. ,'- -.' .-, .
. . " .. '. ','-,'. ,"-' .. .
. .:" ','__. .:...'.'....," "..'.
.... -. ",'," ...
". _......___ ___.~.___'_.~___._ __n__".__.~'.._."
....._.,.'- -"'.C.-" '.
.. '.' '. .
... . ".. . . ..
.. . .
.. . _.... d. ..
.. -- . . ".
.. ,,-., .,' '.- - - ..' ," . ,,", " .
...- ..,.. .- - .- ,,,.' -,,,...
. ... . -- ., " .
. ... ..
. .' .-. ,,-,... ,
'.' .-". ' . , ,-,. -,'. . '.'
.. '-," ,. ",- ,'" -," .
. .'. "..' ."" " .-. ',. .'--. ",
. .. ,_. - . -- ..
. .-,," .... .. ",. ._, .,' ',. - ',.- -- -,'
.. .-.-.... -. .
. . . .",. ..
... ..". ..... '.-... - ... ,"
. -.. .'," .' ...
. '. C.,'. .......
'.---," __. .... ., ., ,,-.
.-- ',- - ,....... '," ",.'." .
,---- --' --,,-..' ',,' -- '..
~~ ._-~-..-- ._..,- -'-~'-_'_'.'._.._~-~-' ,---_.,._,,~~..- ,<._,,'" ,_., .. ~-,---
~:j'" ....... '. . . .... .. .
............. i.... ...... ..~~;<p~J~N~~m~!m~w\.i>..... ....
'. .... ..:-', .. .'. .... .'-".. .... -' " . .;.;. .','. '.' ....... .'.-,,' '.' '.. . . .', -".".' '-- .'. ..," ."-'.
..... .,.... ..... ,'. --....' -.... '.' .,.... '.-:"'. '-.' "". ." .....,' ...... . '.' ,.'. .....- ..',......, ......
.' .. ...... ,. . ,. -... ..,. . ... ... -. .
.;.- ..:..,'......;'..:..- ":: _.:- :-...- .... .-:.....:.. .,''','- '.:.,_.... .- .:.... .;:.... ./ '.-,.,....' .:: ::: -::-:": ..-:'
;C_;L;:~~_C:;~c.'
I: 2 b ?08 ?:l 581:000000 ~ g ~8 L. 2 Sill
. ...
Rl<MhTEf'!
III 2 5 8 8 g L. III
_':I:a"'l:lr'l:I.:aI.Jill:a:"'M~te'l:I.JII~I'.":I::r'..J=-I:r~'I'Itlllllll:ll~I.II:"'illtt::l..."'II'J"I:.C'I:""II"""'."~I'~1'j{.I.JI:I....::::I:{.llll..,.,:i~.:lI:...I~I::I-......:I.J.:.IIJ=-.'~1'.:I'J.I'JI'I.I'.I:I"'{C'I:I'::I-'1I.I'J~I"I~.I:I"l'jll.J.J'=-
i--~---~-~---~-=------~---~~---------~=------------~----~---~----~---------~---------
I
I
CITY OF BOYNTON BEACH
39660
Boynton Beach, Florida
$
\ \
... I
/
P
/'-
"
'----'
-- ..,'-,.....;,-'.;..;...,-~ ,~__,~......-._.-.".~....~:....-.i-.~.....:'---~~..:....;.~...."'"......~:....:......"-....._ .,--..--...~--'-'~'--"--_.L_"~........;..._~~,.......:.."...~.._~..~..h.-_......:.,,0....;.'--_~
EXHIBIT "E"
--
III
~...."..
QLINCY JOHNSON
JONES MYOTT WILLIAMS
ARCHITECTS
........
..
July 11, 2005
ROBERT E VAUGHN, JR. COO
RODOlFO C ACEVEDO, AlA
JAMES R. WILLIAMS, AlA
STEVEN E MYOTT. ARCHITECT
RICHARD C JONES, AlA. NCARB
Q1JINCY R. JOHNSON IlL AlA, MIRM
Don Johnson- Building Official
Building Department
City of Boynton Beach
100 East Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
AAC002193/IBOOO 1142
www.quincyjohnson.com
Dear Mr. Johnson:
Re: Largo Pointe, TempoaraylPartial occupancy
Permit Number 03-3992 2nd Review /01.(- q(pq
July 11, 2005
The following is a list of unfinished work of the above permit:
Street Signs-- $500.00
Landscaping-- $8,000.00
Paving and Drainage as Builts-- $1,500.00
Total: $10,000.00
Sincerely,
Quincy Johnson Jones Myott Williams Acevedo Vaughn Architects, Inc.
(L(l.w~
James R. Williams, AIA
EXHIBIT "E"
949 Clint Moore Road. Boca Raton, Florida 33487 . PHONE 5619979997 . FAX 561 997 1610
5560 Bee Ridge Road, Suite D5 . Sarasota, Florida 34233 . PHONE 941377 5881 . FAX 941377 5884
ARCHITECTURE
LAND PLANNING
INTERIOR DESIGN
err
VI.-CONSENT AGENDA
ITEM K.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requt-~1ed City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned in
Meeting Dates in to City Clerk's Office MC\.1.ing Dates to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 Odobt-'f 5. 2005 September 19, 2005 (Noon)
0 August 16,2005 August 1, 2005 (Noon) 0 Odober 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17, 2005 (Noon)
0 Scpt.:mlx'f 20, 2005 Septt-mbt-'f 6, 2005 (Noon) ~ November 15, 2005 (x.:tolx'f 31, 2005 (Noon)
-'I
NATURE OF
AGENDA ITEM
o Administrative
~ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
:;:::
\,.J
'('t~::
,
c..v
(:',?
, ---;. ' -~:
'J "-
'eIC:]
.'~__::; i-q
,ell>
~
.c:-
-.....-
~..
RECOMMENDATION: Approve change order #3 for the Library Expansion Project in the amount of $171,902 to
cover the cost escalations to the Contractor from the precast structural subcontractor.
EXPLANATION: This contract adjustment is to cover the unprecedented increase due to material shortages and cost
escalations in material, labor and transportation since the original bid of August 2004. The subcontractor, SPI (Structural
Prestressed Industries, Inc), is charging an additional $148,000 to cover these increases and to meet the delivery schedule
for the precast concrete portion of the job. Added to this are tbe Contractor's overhead, profit and bond costs of $23,902 for
a total change order of $171,902.
PROGRAM IMPACT: The Project has been moving very well now that the FPL and BellSouth issues have been resolved.
The pad is poured and the concrete columns and block walls will be ready for this product in early December. To avoid
further delays, the precast concrete must start to be delivered tbe week of Deeember 12. To meet this timeline, the
subcontractor needs to fit us into his production schedule immediately. Precast contractors around the state were contacted
in an attempt to provide alternative pricing. In every case, the other contractors were unwilling to even quote a priee or a
delivery date until early next year.
FISCAL IMPACT: Adds $171,902 to the Contract Sum. Funds to come from the general CIP account.
ALTERNATIVES: The only alternative would be to stop the project and look fo
precast concrete early next year. This would lead to more delay costs in addition
(/(p~
Department Head's Signature
other bidders that could supply tbe
the roduct cost escalation.
Library
Department Name
S:\BULLETIMFORMS'AUENDA ITEM REQUEST FORM.DOC
-,AlA Document G70f' - 2001
Change Order
CHANGE ORDER NUMBER: 003
DATE: November 02, 2005
OWNER: [8J
ARCHITECT: [8J
CONTRACTOR: [8J
FIELD: 0
OTHER: 0
PROJECT (Name and address):
Boynton Beach Library
208 South Seacrest Blvd.
Boynton Beach, FL 33435
TO CONTRACTOR (Name and address):
Sessoms Construction
7485 Davie Rd. Ext.
Hollywood, FL 33024
ARCHITECT'S PROJECT NUMBER: 0320802
CONTRACT DATE: May 04, 2005
CONTRACT FOR: General Construction
THE CONTRACT IS CHANGED AS FOllOWS:
(Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives)
Cost escalation price increase regarding the prestressed concrete.
The original Contract Sum was
The net change by previously authorized Change Orders
The Contract Sum prior to this Change Order was
The Contract Sum will be increased by this Change Order in the amount of
The new Contract Sum including this Change Order will be
The Contract Time will be increased by Thirty ( 30 ) days.
The date of Substantial Completion as of the date of this Change Order therefore is October 02, 2006
$
$
$
$
$
5,727,485.00
275,578.00
6,003,063.00
171,902.00
6,174,965.00
NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which
have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and
Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.
SCHENKELSHULTZ
ARCHITECT (Firm name)
1300 N. Congress Avenue, West Palm
Beach, FL 33409
ADDRESS
Sam erreri, AlA
(Typed name)
11- 02.. or
DATE
Sessoms Construction
CONTRACTOR (Firm name)
7485 Davie Rd. Ext., Hollywood, FL
33024 . C} /,
~/UC
BY (Signature)
Bob Scott
(Typed name)
/It-02-0~
DATE
City of Boynton Beach
OWNER (Firm name)
208 South Seacrest Blvd., Bounton
Beach, FL 33435
ADDRESS
BY (Signature)
Mayor Jerry Taylor
(Typed name)
DATE
AlA Document G701 ™ - 2001. Copyright @ 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This
AlA" Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AlA" Document, or 1
any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This
document was produced by AlA software at 15:04:07 on 11/0212005 under Order NO.1 000169773_2 which expires on 3/21/2006, and is not for resale.
User Notes: (1874931264)
. .' . . .
, . .
SCHENKELSHULTZ
000 ARC HIT E C T U REO 0 0
November 1, 2005
Mrs. Virginia Farace, Library Director
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: City of Boynton Beach City Library
Library Expansion / Remodel
Contractor Additional Cost for Precast Concrete
Dear Virginia,
Due to the time delay in issuance of the Notice to Proceed, the cost escalations caused by material shortages
and the hurricanes of 2004, the precast structural subcontractor, SPI, Inc is requesting an increase of
$148,000.00 in there contract amount. This cost increase is to cover the unprecedented increase due to
shortages in materials and labor that has occurred between August 2004 and October 2005. Added to this
cost is the contractor's overhead, profit and bond cost that total $ 23,902.00 for a total change order of
$171,902.00.
SCHENKELSHULTZ has worked closely with Sessoms Construction in recommending and contacting
precast contractors around the state of Florida in an attempt to provide alternative pricing to this
subcontractor. In every case, the backlog of the other contractors, made them unwilling to quote a price or
delivery date within the scheduled delivery needs of this project.
Therefore, due to the lack of other acceptable options, SCHENKELSHULTZ is presenting this
recommendation, to the City of Boynton Beach for review and approval of the additional $171,902.00 to the
project price.
Sincerely,
SCHENEKELSHUL TZ
sa'~.AlA
p~l'erren
Attachments:
SPI Letter Dated October 15,2005
SSA Letter Dated October 19,2005
Sessoms Letter Dated October 21, 2005
SPI Letter Dated October 21,2005
Cc: Lee Sessoms/Sessoms Construction
John J. Carr/SCHENKELSHUL TZ
0320802/ owner outgoing
\lss-wpbeachlwpb-projects\032000010320802 Jo~ii~~B~a~~ WI:':;;ry\b)}~Ne'i-s\b\}ogJ;";Wai(.,~~\i'ho~tl~~~~~~e) I' It I gSdoc
Pltdl1,: -; (: ] -I-j")"" - ._~ 1-" 1 FJ"; :'\{'ll -plr:.:::: ~ l n \\- \."\\\ ,"L lJellk r.: l<!uiJ I:" l...'II1'1i .-\rch it.:CfUl'..: L i\.(~ILc ",- '.. \ .--\ A _( 'i H.l()CI., _,
11/02/05 WED 1~:34 FAX 9544366789
SESSOMS CONSTRUCTION
444 SCHENKELSHULTZ
141001
. Sessoms
. CONSTRUCTION
COMPANY, INC.
.. ...::.::.::::::
7485 Davie Road Extension. Hollywood FL 33024
Broward (954) 431~7900. Fax (954) 436-6789
REQUEST FOR CHANGE ORDER CC CBO 1134
MEMORANDUM
DATE:
November 2, 2005
TO:
John Carr, SCHENKELSHUL TZ ARCHITECTURE
FROM:
Lindsey C. Nelson, Project Manager
RE:
#379 - BOYNTON BEACH CITY LIBRARY
Bid #017-261D-04/CJD
ReO # 02 Revised
Description of Proposed Change:
Cost escalation price increase regarding the prestressed concrete.
Reason for Change:
Cost escalation for price increases due to time delay.
Additional Cost:
SCCI Overhead and Profit(15%):
Subtotal:
City Permit Fee (2%):
Subtotal:
scel Bond Premium (1%):
PROPOSED CHANGE IN CONTRACT AMOUNT:
$ 148,000
$ 22,200
.$ 170,200
$ 0
$ 170,200
$ 1,702
$ 171,902
PROPOSED CHANGE IN CONTRACT TIME: Thirty (30) days
Cc: Virginia Farace, Library Director
Attachment: Supplier/Subcontractor Proposal
LCNlmb
G:\379 - Boynton Beach Ubrary\Change Ord$f'$\O:l rev
1l/01/05 TUE
.::!-2CDll
+'H SCHENKELSHULTZ l4J 002
T-915 P,DOI/DDl F-Saz
.
-~r S'rRlIC7'VRAL
I'IlHS'l7fBS8BD
INDWI7'1l1&fl, IN~
Octcber 15"', 2005
Mr. Lee Seescms
Se88Otl'l8 Construction Company, Inc.
7485 Davie Rd. extension
Hollywood, FL. 33024
Re: Boynton Beach Ubrary (S.P.I. JOb No. Q4..S$)
"Dear Mr. Seaaoms.
Pursuant to your request I ~. attached 8 l:Dpy of the bl1ilakc:lown of old vs. new prices based on our
cost escalations attaina* frOm..tlid time of Augult 2004 to October 2005:
, . .
..' .'. ",:,:'.f" <;;':~:;;:':;;;:~;:'~;~';i~~~~ ~
1) ~~ .~~o~: "$~-13~9Q5.00
" ,.,' ,'2)\Ti'ah5po~.,::': .:::- $' ',- :,7,490,00
. ::3) C~iir'::;.' ;',: .' ~"":: . $' 15,185.00
.. . ..4H~arml~h~dng: . $19.,&41.00
" " " 5 "".ld':Labor...::' " $ 94,407.DO
,>. .','... - " . , .
, : ;8)~d ~priclatiQ" $ 6;372.00
" I
. I.,.
'ToTAa..:AMO~NT!
$ 257.000,00
Octobw 2005
$ '80.745.00
$ 13t29O.00
$ 19t322.00
$ 28,342.00
S 151.201.00
$ 12.100.00
$ 405,000.00
J,~ this will satisfy all of your requIrements. Upon your acceptance we wlll start the producticn of
the precast for the nrst 11ft.
C:\wordctoc*\bcyntonbchllb.3
orM8nur.ct~ and ErfICJt0r3 of Quality Pre~eellPrecas/ Prcduot.."
11405 N.W. 138th Street. Miami. FL. 33178. Phone: (305) 5Se..ssot . Fax: (305) 556-9696
www.8tnJcturalprestraB8ed.com
10/15/0S SAT 16:18 [TX/RX NO 74661
11/01/05 TUE 14:29 FAX 9544366789 SESSOMS CONSTRUCTION
,NOV-Ol-~005 1\ ;OZAM FROM-Structuril frestr8&&Ia Ina. 3D~b~a8ij8ij
-+....+ SCHENKELSHULTZ f4J 003
1 ~~4;: r. ,IU I ruu I I"-uu~
November 1 st, 2005
Mr. Undsey NaSon
Sessoms Constructlon Company,lnc.
7485 Davie Rd. extIansion
Hollywood, FL. 33024
Re: Boynton Beach Lmry (S.P.I. Job No. 04-56)
Dear Mr. Nelson:
Pursuant to our conversation yesterday I UPI'888ed my sincere concern regarding the project
schedule. As you aN aw.rlI there ere m81'1Y 8Oft'tt beam stirrups to be manufadursd along 'NItt1 the
steel emb8ds to be prtMdecl to us prior to the fabrtcation of the perimeter beams. Let this letter serve
that If we do not I"BCBive a WI1tten approval of the new change order by the end of the -business day
tolT1OlTOW W8 will not be able to CCIITITIIt to start delivery the weak of December 1 zt' (pending weather
concIitions). Othelwl!le this project will have to be pUShed back to next yar based on our production
backlog.
Your immediate attention to this mattar will be greatly appreclated.
~~~
President
Ct\wortIdocs\boynlDnbchllb.5
'"Msnufflc:tursrs end Erectors of QUlIl1ty Pl8&tress&dlPreoaM Products-
11405 N.W. 138th Street. MiIlmi. FL. 33178 . Phone: (306) 55S-6898 . FQX: (306) 558-9898
Wlf,/\,V.structuralprestressecf .cern
11/01/05 TUB 11:03 [TX/RX NO 7628]
..... ....., -..... I ......... .& .1.'\ -l .J.. -.J . .L.. r J'1.A tJ iJ "! q III 0 0 , 0 l:I
~E~SOMS CONSTRUCTION
+H SCHENKELSHULTZ
f41001
.
.. Sessoms
. CONSTRUCTION
~ COMPANY,INC.
October 21,2005
REcEIVl<-:D I
OCT 3 1 2005
BY:
Via fax/mail (561.697.5210)
Mr.Sam Ferreri
SCHENKELSHUL TZ ARCHITECTURE
1300 North Congress Avenue
West Palm Beach, FL 33409
Re: #379 - BOYNTON BEACH CITY LIBRARY
. Bid Number: #017-2610-Q4/CJD
Dear Sam,
As we. diSCUSsed in the. OAe meeting' this week we are going to need written
documentation that the escalated cost for the precast concrete will be paid by the Owner
'before we can proceed with his contract and the fabrication of these beams.
It Is imperative that we receive this today or it ~s going to delay the process of getting us in
the schedule for production which will delay the project even further. Please forward this
ASAP so we can pfoOOed with contracts and a change order. I understand that you had
requested other hack-up and your Jetter was 'forwarded to SPI, attached is their response.
I hope this satisfies your questions. and/or concerns .so we can proceed.
Please contact me with any questions.
Very truly yours,
SESSOM~TRucnON CO., INC.
c52.L/ {J -~
Lindsey Nelson
Project Manager
CC: Virginia Farace, Library Director
Fred Jones, sce,
Bob Scott, secI
LNlmb
7485 Davie ROdd Extension · Hollywood, FL 33024
Broward (954) 43'1-7~OO · Fax (954) 436-6789 . CO <::801134
G;\379 - Boynton Beach Ubrary\Architect\08-25-05 Lett. on SPI
~
~
.L"" _.L,"",,", .......'\..1. ~~..L" rJ\..A. ~o"*"*~uu I ot'
OCT-21-Z005 Ol:oZPM FROW-Structur~1 PrsitrsiiSQ InQ.
~h~~UM~ CONSTRUCTION
30555811896
+H SCHENKELSHULTZ [4J 002
T-027 P-OOI/OOl F-QOI
October 21st, 2005
Mr. Lindsey Nelson
Se8aomII Oonstruc::tlon Company, Inc.
7486 Davie Rd. ExtensIon
HollyY.tood, FL. 33024
Re: Boynton Beach Liblllry (S.P.I. Job No. 0+58)
Dear Mr. Nelson:
I am in receipt d the fee reeaived by the archlt.ed on tOis project Unfortunately th9 5-7% labor
Increase Is 8 non T8IiiIlietic number that does not show actual labor condltlana locally today. These
figures should be used as normal pay rate im'eases pursuant to the stanc:8d of IMng Increases that
normal pay Increases ara jLldged Dn. As we are all aware th. ~ increases In pay nates
due to do labor shortages creates a very volatile mark9t that is based on sUpply and demand. TodlllY
carpenters are costing anywhere between 50-60% more than over a year ago. These figures Include
all of the burden expenses In addition to their pay nIte.
In AJgan::m to th& ~ deprec:iatJon thl. figure is dertved from a formula based on our actual
Inventoried old ecaffoId V81BUB the ClOSt to buy the same scaffold tDc:Iay minus the usage of the
equipment. Once again we are aU familiar with the mejor Increases In ateeI and 1000"" of our sc:affold
shoring 18 delr1ved from steel. Unfortunately this projcac:t hQS been alttlrJg idle for qLlIte some Ume while
the added C'OlIt8 have been accumulaUng during the C:OUl"Be of time.
t hope this will satisfy all of your requlremeni8. Upon your acceptance we will start the prodUdlon of
the precast for the first lift.
Slnceraly" ~ _
~~ ~
. President
C:\worddocs\boyntDnbct1IIb.4
"Manufsdurers and Erectots of Qu.lily Pte6~Pntcaat Produas-
, 1405 N.W. 138th Street. Miami, FL. 33178. Phone: (305) 556-8699. Fax: (305) 558-8898
www.8fttJcturaJpr..ltessed.com
10/21/05 FRI 1(:02 [TX/RX NO 7609)
SCHENKELSHULTZ
ODD ARC HIT E C T U RED 0 0
October 19, 2005
Mr. Lindsey Nelson
Sessoms Construction Company, Inc.
7485 Davie Road Extension
Hollywood, Florida 33024
RE: City of Boynton Beach City Library
Library Expansion / Remodel
RCO Prestressed Concrete
Dear Lindsey:
We are in receipt of your cost increase letter from SPI (Structural Prestressed Industries, Inc.) dated
October 15, 2005 letter for the cost escalations for the prestressed portion of this project.
Upon our review of their cost increase categories we are in need of additional information to the cost
increases, specifically items 5 and 6 (field labor and scaffold depreciation) which increased 62% and 52%
respectively. We understand the market fluctuations based on availability, fuel cost, and demand on
concrete, steel and transportation, however labor cost should have only increased about 5-7% based on the
U.S. Department of Labor statistics for the last year in the Miami area.
Please request additional backup from your subcontractor SPI, so our office can rapidly review the
additional cost and present a change order to the owner in a timely manner as to not further delay this
project.
If you have any questions, please do not hesitate to call.
Sincerel ,
KELSHUL TZ
. Ferreri, AlA
al
Cc: Wilfred Hawkins
Virginia Farace
John Carr
0320802/ contractor outgoing
SCHENKELSHUL TZ - West Palm Beach' 1300 North Congress Avenue. West Palm Beach, Florida 33409
Phone 561-697-3451 . Fax 561.697-5210 . www.schenkelshultz.com . Architectural License AA-COOO937
C\Documents and Settings\felTeri\Application Data\Microsoft\Templates\ WPB letterhead_dot
VI.-CONSENT AGENDA
ITEM L.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16, 2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17,2005 (Noon)
0 September 20, 2005 September 6,2005 (Noon) ~ November 15, 2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF ~ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of
October 2005.
EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which
states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a
purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities,
and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the
second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City
Manager" .
PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager.
FISCAL IMP ACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely procurement of
commodities, services, and personal property. Administrative controls are in place with the development of a special
processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the
Department Director, Purchasing Agent, Assistant City Manager, and City Manager.
AL TERNA TIVES: Revert back to the old bid threshold of $10,000.00.
Financial Services / Procurement
Department Name
~~
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED OCTOBER 2005
1. Vendor: Clark Waste Systems
Requesting Department: Public Works/Fleet
Purchase Amount:
Contact Person:
$ 15,000.00
Tim Calhoun
Brief Description of Purchase:
Repair and maintenance of Labrie manufactured vehicles.
Source for Purchase:
Sole Source
Fund Source: 501-5000-590-09-82
Fleet - Repairs
Purchase Amount: $ 15,000.00
Contact Person: Tim Calhoun
2. Vendor: Clark Waste Systems
Requesting Department: Public Works/Fleet
Brief Description of Purchase:
Repair and maintenance of Newway manufactured vehicles.
Source for Purchase:
Sole Source
Fund Source: 501-5000-590-09-82
Fleet - Repairs
Purchase Amount: $ 21,328.99
Contact Person: Jody Rivers
3. Vendor: Way Cool Playgrounds
Requesting Department: Parks Maintenance
Brief Description of Purchase:
Playground equipment at Boynton Beach Child Care Center.
Source for Purchase:
Piggyback - PB County
Fund Source: 302-4299-580-64-04
CIP-Head Start PlaVQround
Purchase Amount: $ 15,732.00
Contact Person: John Reynolds
4. Vendor: Electric Motors of Palm Beach
Requesting Department: Utilities
Brief Description of Purchase:
Replace 300HP motor burnt out on HSP #6; 150HP back-up motor for HSP's #1 - 4 for putting out finish water.
Source for Purchase:
Three Written Quotes
Fund Source: 403-5000-590-96-02
CIP-Water
Purchase Amount: $ 24,480.46
Contact Person: Mark Bobich
5. Vendor: ATC International Holdings, Inc.
Requesting Department: Utilities
Brief Description of Purchase:
Enhancement of East Water Plant site security system to include Radio Frequency Identification (RFID) card and tag
reading gate operating system/
Source for Purchase:
Piggyback - Miami-Dade County
Fund Source: 403-5000-590-96-10
CIP-Water
1 of 2
CITY OF BOYNTON BEACH
APPROVED REQUESTS FOR PURCHASES OVER $10,000
FOR MONTH ENDED OCTOBER 2005
6. Vendor: Avatar
Requesting Department:
Utilities
Purchase Amount:
Contact Person:
$ 10,380.00
Diena Rowe
Brief Description of Purchase:
Replacement scanner -- current scanner is seven (7) years old and utilized proprietary parts and software. Due to age
and usage, repairs are increasing and parts are no longer manufactured for this equipment.
Source for Purchase:
Three Written Quotes
Fund Source: 401-2821-536-64-15
Uti! Admin-Computer Equip
Purchase Amount: $ 10,380.00
Contact Person: Michael Munro
7. Vendor: OMS Police Supply
Requesting Department: Police
Brief Description of Purchase:
Replacement handguns for new officers and changeout program.
Source for Purchase:
Three Written Quotes
Fund Source: 001-2110-521-52-51
Police-Law Enforce Suppl
Purchase Amount: $ 24,240.00
Contact Person: Michael Munro
8. Vendor: Kustom Signals Inc.
Requesting Department: Police
Brief Description of Purchase:
Purchase of six (6) in-car digital cameras.
Source for Purchase:
Sole Source
Fund Source: 105-3419-513-64-02
Grant-Local Law Enforce
Purchase Amount: $ 19,656.00
Contact Person: Melvin Pinkney
9. Vendor: Hudson Pump & Equipment
Requesting Department: Utilities
Brief Description of Purchase:
Replace old pumps, motors and slurry lime pumps (10 years or older).
Source for Purchase:
Sole Source
Fund Source: 403-5000-590-96-02
CIP-Water
The purchases presented in this written report were approved in accordance with the provisions of Ordinance 001-66,
Chapter 2, Section 2.56.1, and are w being presented to Commission as required.
City Manager Approval:
Date:
Presented to Commission for information on November 15, 2005.
20f2
Requested City Commission
Meeting Dates
D August 2, 2005
D August 16, 2005
D September 6, 2005
D September 20, 2005
NATURE OF
AGENDA ITEM
VIII.-PUBLIC HEARING
ITEM A.
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Date Final Form Must be Turned
in to Citv Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
July 18, 2005 (Noon.)
D October 5, 2005
D October 18,2005
[8] November I, 2005
D November 15, 2005
:--.j
'- -
September 19,2005 (Noon)
August 1,2005 (Noon)
October 3, 2005 (Noon)
October 17, 2005 (Nom';)';
.::;)
C)
October 31, 2005 (NoonH
August 15,2005 (Noon)
September 6, 2005 (Noon)
c...]
:',_1
D Administrative
D Consent Agenda
[8] Public Hearing
D Bids
D Announcement
D City Manager's Report
N
D Development Plans lJ
D New Business N
..
[8] Legal i'0
01
D UnfInished Business
D Presentation
""-
..-; -".....!
o
~. ~ ~~.t'"'
..::,;: """-
-;iCJ
-fTl
0)>
i '1 (")
::r:
RECOMMENDATION: Please place this request on the November 1,2005 City Commission Agenda under
Public Hearing and Legal, Ordinance - First Reading. The Community Redevelopment Agency Board recommended that the
subject request be tabled to the November 8, 2005 meeting. IfratifIed by the Commission, the item would return to the
Commission from the CRA, at its December 6, 2005 meeting. A motion to table by the Commission should be date specifIc
(to December 6,2005), timed consistent with the ultimate review by the CRA Board. For further details pertaining to the
request, see attached Department of Development Memorandum No. PZ 05-185.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES.
Spotts Abandonment (ABAN 05-007)
805 North Federal Highway
Daniel Spotts
Daniel Spotts
805 North Federal Highway
Request for abandonment of a portion of a 20-foot right-of-way west of North Federal
Highway abutting the Federal East Coast Railway.
N/A
N/A
N/A
~
City Manager's Signature
It)~. C' /.
annmg an mng rrector lty Attorney Fmance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\ABAN 05-007\Agenda Item Request 805 N. Fed Spotts Aband. ABAN 05-007 11-1-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM. DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-185
TO:
Chair and Members
Community Redevelopment Agency
Michael W. RumPf'{\d~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler
Planner
DATE:
September 26, 2005
SUBlECT:
Abandonment Request of the Alley west of 805 North Federal Highway
ABAN 05-007 .
NATURE OF REOUEST
The applicant, Daniel Spotts, owner of Miami Aqua Culture, Inc., is requesting the City to abandon a portion of a
public alley which abuts the rear of his business property located at 805 North Federal Highway (formerly Act II
consignment shop, currently an unoccupied commercial building). This 20-foot wide unimproved public alley runs
north and south adjacent to and parallel with the Florida East Coast (FEe) railroad. The portion requested to be
abandoned is approximately 20 feet in width by 50 feet in length, and a total of 1,016.7 square feet (0.023 acre) in
area. Per the survey submitted with the application, the platted alley segment is legally described as follows:
A portion of a 25 foot right-of-way lying west of Block 1 of Lake Addition to Boynton Beach as recorded in Plat
Book 11, Page 71, of the public records of Palm Beach County, Florida, being more particularly described as
follows:
Being bound on the north and south by the westerly extension of the north and south line of Lot 17, of said
Block 1. Bounded on the west by the west line of said right-of-way, said line also being the east right of way
line of the Florida East Coast Railway, as shown on plat, and bounded on the east by the west line of said Lot
17, Block 1.
It is important to note that the legal description on the survey submitted incorrectly states that the width of the
right of way is 25 feet, when it is actually 20 feet in width. The survey submitted indicates no below ground
improvements, footers, foundations, or utilities have been located or shown on the survey.
The Location Map (see Exhibit "A") shows the general vicinity of the public alley right-of-way to be abandoned. The
Proposed Abandonment (see Exhibit "B") depicts the exact location of the subject site and its boundaries and legal
description. The following is a description of the land uses and zoning districts of all properties that surround the
subject portion of the public alley right-of-way.
North -
A portion of the 20-foot alley located to the rear of Lot 16 (a vacant 0.12 acre lot zoned
C-4);
South -
A portion of the 20-foot alley located to the rear of Lot 18 (a 0.56 acre lot zoned C-4
used for vehicle repair);
Page 2
Memorandum No. PZ 05-185
ABAN 05-007
East
805 North Federal Highway (Lot 17, Block 1 of Lake Addition to Boynton Beach Plat)
zoned C-4 (applicant's property); and,
West -
A 50-foot wide railroad right-of-way for Florida East Coast (FEe) Railway.
BACKGROUND
The subject portion of the 20 foot wide alley lies within the boundaries of Lake Addition to Boynton Beach Plat. The
approved plat was recorded in Plat Book 11, Page 71 on April 9, 1925. The plat includes a total of 190 individual
lots, a 50-foot wide railroad right-of-way owned by the Florida East Coast (F.E.C.) Railway, several 50-foot and 66-
foot wide rights-of-way, and several is-foot wide and 20-foot wide alleys. The plat also contains a reversionary
clause in the dedication, which states "does hereby dedicate to the perpetual use of the public as public highways,
the streets, avenues, boulevards, and alleys as shown hereon, reserving however unto itself, its successors and
legal representative, the reversions or reversion of same, whenever abandoned by the public or discontinued by
law". The City makes no representation regarding the impact of the reversionary language on title to the adjacent
properties. Re-development or expansion of the adjacent property following abandonment requires the property
owner to establish proof of clear title as a condition of re-development or expansion. The applicant has submitted a
copy of a report dated January 7, 2005 from Title Evidence of South Florida, Inc. which discloses that title of the
subject property is vested in the City of Boynton Beach via the dedication shown on the recorded plat, and at this
time said property is free and clear of any liens and encumbrances, and exempt from ad valorem taxes.
On July 7, 2005 staff held a pre-application meeting with the applicant. Notes of the meeting indicate that the
applicant initially informed staff that the alley was overgrown with weeds and attracted vagrants and crime, and he
wanted to abandon the property so he could maintain it. The applicant further clarified that he intended to use the
alley behind his lot for additional business parking. Staff explained that there were alternatives without the need for
abandonment, such as a revocable license agreement, whereby the applicant could lease the land from the City.
Staff also informed the applicant of the following: (1) per State law, if the property is abandoned each adjacent
property owner would get one-half of the abandoned property, (2) the presence of any live utility in the alley would
require an easement dedication, and (3) the use of the property for a parking lot will require a City approved site
plan modification which complies with all applicable Land Development Regulations.
City records indicate that portions of the publiC alley located north of the subject property have been abandoned by
the City (Resolutions 90-179, 93-79, 98-56, 98-130) subject to conditions of approval regarding easement
dedication.
ANALYSIS
When a right-of-way, such as this unimproved alley, is abandoned the abandoned land is transferred in equal
portions from the general public to the abutting property owner(s) per State law (9 336.12). Typically, two (2)
properties would be affected by an abandonment request: one-half of the right-of-way is conveyed to one (1)
abutting property owner and the other half is conveyed to the other abutting property owner. The applicant
requesting this abandonment is the owner of the abutting property to the east (at 805 North Federal Highway / Lot
17, Block 1 of Lake Addition). Public records indicate that Florida East Coast Railway is the owner of the abutting
property to the west (50-foot wide railroad right-of-way). Staff has attempted to contact a representative of the
FEC Railway and has received no comments from the FEC regarding this requested abandonment. If the
abandonment request is approved, the applicant would receive only one-half of the alley width, or ten (10) feet
total. A 10 foot strip may not be enough property to utilize for additional parking as the applicant proposes. The
applicant could try to obtain the additional property from Florida East Coast Railway.
Page 3
Memorandum No. PZ 05-185
ABAN 05-007
A summary of the responses from the city staff is noted as follows:
CITY DEPARTMENT / DIVISION
Public Works / Engineering
No objection to requested abandonment
Support Abandonment with Dedicated Easement or a
Revocable License Agreement
Development / Planning and Zoning
No objection to requested abandonment
Support Abandonment with Dedicated Easement or a
Revocable License Agreement
Recreation & Parks / Parks
No objection to requested abandonment
Per letters from utility providers submitted by the applicant, responses from the utility companies are noted as
follows:
PUBLIC UTILITY COMPANIES
Florida Power and Light
Bellsouth
Florida Public Utilities Company
Cable Company (Adelphia)
Cable Company (Comcast)
No objection to requested abandonment
No objection to requested abandonment
No objection to requested abandonment
No objection to requested abandonment
N/A
Adequate public notice was given to all affected property owners in accordance with Chapter 22, Article III, Section
4, of the Land Development Regulations. All publiC utility companies have been notified and the abandonment
request has been advertised in the local newspaper.
Comments from the City Engineer / Assistant Director of Public Works regarding the abandonment state that there
is a live utility service (sewer line) located within the 20-foot alley, and that a majority of the alley would have to be
retained as a utility easement (a minimum of 12 feet in width). The City Public Works / Utilities Department
typically oversees easement dedications. At least sixty percent (60%) of the 20-foot alley would be required to be
dedicated as a utility easement if the alley were abandoned. An alternative to abandonment, proposed by the City
Engineer is a Revocable License Agreement which allows the subject property to be leased. The Revocable License
would allow the applicant to use the entire width of the alley (20 feet), rather than one-half (10 feet) if abandoned.
RECOMMENDATION
Staff has determined that the subject portion of this alley no longer serves the public for access purposes and, with
establishment of an easement, the limited use of the alley for utility purposes would be preserved. Therefore, staff
has no objection to the request for abandonment, and supports (1) abandonment with a condition of approval that
a utility easement be dedicated, or (2) a revocable license agreement. Since the applicant desires to improve the
subject property with additional paved parking for his business, he would rather own the property, not lease it.
Staff recommends approval of the requested abandonment with the condition for an easement, and the applicant
has agreed to the stated condition. Any additional conditions recommended by the Community Redevelopment
Agency Board or by the Commission will be placed in Exhibit "C" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\805 N. Federal Hwy\Staff Report (ABAN 05-Q07).doc
...
1 in. = 127.4 feet
ct>
EXHIBIT "A" LOCATION MAP
\-
s
~
oL
tt
l1\
~
---
~:2
~ =0-
- O~
ol_ _
~ tl -
tCl. .\) ~
~ .~
~ 2.
--
~..
w1 ~ltJ~/ . 7~~
~7 .,
~Q.:..
- ~
~~
~..
LD-r IB ~ ~
f1' L.tX.-K I
c/
':J~
~~
~~
CtLX'~
y-
EXHIBIT "B" SURVE~
)
~5" ~A~T ~AIL~D
I
~C> I< lGl-IT -oF=" - I-JA r
I=LqRIDA
. I
roLJr-JP 1\2' I.~"
41" ~ f;> t IOZ.-,
~#se' ~
SUBJECT ABANDONMENT
/0/(0.1 7QUARE PEET
I
~R~t.lJ-01=-WAY Pt:R
E:XtBTfNb ~. L, F ~
90.19 ·
lPf 11 13- LOcJ(. I
. EX>YI'-fTDN
LAK6 AODI-rlotJ ,0
p~ II Pb.1\
~OIOO' ~I\J
--L- __
'Ill
~~ aJ\
- -
':r- ..
.-:T ~
i)
'\f\
-- ---
~oerH L.ltJe
~ loin
- ~ I' ) to-r I (P
CJ r ~Lo~K I
~~
.\]\
(:)
~\
L.lNt/ /
( ~nI FepE.~L
Plt\ E H ,~" WA'( t'l?
" I LAP
po\JNO IIZ I,rl,-
,. / "\..~ Z IOZ,. II
/ Na]" 20'41 E
HI~IJAY~
N-i)
EXHIBIT "e"
Conditions of Approval
Project name: Abandonment of a Portion of 20-Foot Wide Alley for 805 North Federal Highway
File number: ABAN 05-007
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments:
1. Dedication of a Utility Easement for City utilities within the right-of-way to X
be abandoned is required.
2. No structures or landscaping shall be placed within the confines of the X
required utility easement without the express written consent of the
Engineering Division of Public Works.
3. The legal description needs to be corrected to read as follows: X
"A 20-foot (not 25-foot) right-of-way lying west of Block 1 . . .
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments:
4. The dedication of the utility easement shall occur prior to the second reading X
of the ordinance.
PUBLIC UTILITY PROVIDERS
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
5. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
6. To be determined.
S:\Ptanning\SHARED\WP\PROJECTS\306 BBB, ABAN 04.005\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: 805 North Federal Highway (ABAN 05-007)
APPLICANT'S AGENT: Daniel Spotts, Owner
APPLICANT'S ADDRESS: 4606 SW 74th Avenue, Miami, FL 33155
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
November 1, 2005
TYPE OF RELIEF SOUGHT: Request abandonment of a portion of a 20 foot alley right-of-way located to
the rear of Lot 17, Block 1 of Boynton Lake Addition to Boynton Beach plat.
LOCATION OF PROPERTY: Located west of 805 North Federal Highway, which is on the west side of
North Federal Highway, between Northeast 7th Avenue and Northeast 8th
Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Community Redevelopment Agency 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, Florida on the date of hearing stated above. The City Commission having considered the relief
sought by the applicant and heard testimony from the applicant, members of city administrative staff and the
public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set forth on
Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other
DATED:
City Clerk
S:\Planning\SHARED\WP\PROJECTS\805 N Federal Hwy\ABAN 05-007\DO.doc
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORl\'.
XII. - LEGAL
ITEM 8.1
Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19,2005 (Noon)
0 August 16, 2005 August 1,2005 (Noon) r:8J October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November I, 2005 October 17, 2005 (Noon)
0 September 20. 2005 September 6,2005 (Noon) 0 November 15, 2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NA TURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing r:8J Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Consider adoption of the Ordinance.
EXPLANATION: The City Commission has discussed allowing non-residents of the City to serve on advisory boards
when they have unique qualifications to do so. The proposed Ordinance adds a provision allowing non residents to serve
even if they are not the owner or operator of a business within the City. The amendment also clarifies that statutory
qualifications apply when applicable.
PROGRAM IMPACT: This ordinance expands the pool of candidates for appointment to City Advisory Boards.
FISCAL IMPACT:
None.
ALTERNATIVES: Leave Code provision as is.
~
~.
Department Head's Signature
~
~
City Manager's Signature
City Attorney
Department Name
~
City Attorney / Finance / Human Resources
SIB! iLLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC
1
.L
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ORDINANCE NO. 05- D l1 -/
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
CHAPTER 2 ADMINISTRATION, SECTION 2-16, CITY
BOARDS AND COMMISSION; MINIMUM
QUALIFICATIONS FOR APPOINTMENT,
MEMBERSHIP; REVISING SUBSECTIONS (a) AND (b)
ALLOWING NON-RESIDENTS TO SERVE ON
ADVISORY BOARDS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the qualifications of board members is an issue of great importance to
the City Commission; and
WHEREAS, the City Commission is interested in allowing non-residents of the City
to serve on advisory boards when they have upique qualifications to do so; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, THAT:
Section I.
The foregoing whereas clauses are true and correct and are now ratified
21 and confirmed by the City Commission,
22
Section 2.
That Chapter 2. "Administration" Section 2-16. is hereby amended as
23 follows:
24 Sec. 2-16. City boards and commISSIOns; mInImUm qualifications for
25 appointments, membership.
26
27 (a) in order to qualify for appointment to and to serve as a member of any board or
28 committee of the city, an individual must be an elector of Palm Beach County,
29 Florida, and must meet all statutory Qualifications to serve, if <!!1Y~
30
31
32 (b) In selecting individuals to serve on boards and committees of the city, preference
33 shall be given to individuals who are residents of the City of Boynton Beach,
34 provided however that non-residents who own and operate business located
35 within the city may also qualify for appointment provided they possess
36 qualifications or experience uniquely suited to deal with the subject matter over
37 which the board or committee has subject matter review or power. Non-residents
38 who do not operate or own businesses in the City may also qualify to serve if
S:\CA\Ordinances\Administrative\Sec 2-16. Board Qualifications (non residents).doc
1
,
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
they have unique qualIfications to serve as determined by a 4/5ths vote of the
City Commission.
Section 3.
Each and every other proVIsIon of Chapter 2 of the Code of
Ordinances of the City of Boynton Beach not herein specifically amended shall remain in
full force and effect as previously enacted.
Section 4.
All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
Section 5.
Should any section or provision of this ordinance or portion hereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this ordinance.
Section 6.
Section 7.
Authority is hereby granted to codify said ordinance.
This ordinance shall become effective immediately upon passage.
2005.
day of
FIRST READING this
SECOND, FINAL READING AND PASSAGE this ___ day of _._____,
2005.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vice Mayor
Commissioner
Commissioner
Commissioner
ATTEST:
City Clerk
(CORPORATE SEAL)
S:\CA \Ordinanc.es\Administrative',sec 2-16 - Board Qualifications (nol1 residen15).doc
2
XII. - LEGAL
ITEM B.2
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 August 2, 2005 July 18,2005 (Noon.) 0 October 5, 2005 September 19, 2005 (Noon)
0 August 16,2005 August 1,2005 (Noon) 0 October 18, 2005 October 3, 2005 (Noon)
0 September 6, 2005 August 15,2005 (Noon) 0 November 1, 2005 October 17, 2005 (Noon)
0 September 20, 2005 September 6,2005 (Noon) [gI November 15,2005 October 31, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF . Consent Agenda 0 New Business
AGENDA ITEM "
0 Public Hearing ~ Legal --
~-'.....
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
I
0 City Manager's Report c.",
RECOMMENDATION: c.' "q
"..co
r ..).:.~ Pi
To change the percentage rate of 1.6% to 2% as written in the City of Boynton Code of Ordinances LDR, Chapt6l:..20, ~e
I, Section 4 (A). ::r.:
EXPLANATION:
The Building Division has been charging the minimum fee at 2% since the City Commission passed Resolution No. R03-057
dated April 1, 2003. This should have gone before the Commission as an Ordinance, not a Resolution and must be corrected
in the Code of Ordinances to reflect that change.
PROGRAM IMPACT: None
FISCAL IMPACT: To reflect revenues to meet expenditures of the Building Division.
ALTERNATIVES:
~
City Manager's Signature
Quintus
Development Department
Department Name
City Attorney / Finance / Human Resources
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
1 ORDINANCE NO. 05-
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
4 FLORIDA AMENDING LAND DEVELOPMENT
5 REGULA TIONS, CHAPTER 20, "BUILDINGS,
6 HOUSING AND CONSTRUCTION REGULA TIONS",
7 SECTION 4, "FEES"; TO PROVIDE FOR AN INCREASE
8 IN THE PERCENTAGE TO 2% OF THE TOTAL
9 VALUATION FOR PERMIT FEE CALCULATION
10 PURPOSES; PROVIDING FOR CONFLICTS,
11 SEVERABILITY, CODIFICATION AND AN EFFECTIVE
12 DATE.
13
14 WHEREAS, the City Commission, upon recommendation of staff, does deem it
15 appropriate and in the best interests of the citizens and residents of the City of Boynton Beach,
16 to amend the Land Development Regulations of the City of Boynton Beach to amend
17 subparagraph A, "Permit Fees".
18 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
20
Section I.
The foregoing whereas clause is true and correct and is now ratified and
21 confirmed by the City Commission.
22
Section 2.
Chapter 20, "Buildings, Housing and Construction Regulation", Section
23
4A of the Land Development Regulations of the City of Boynton Beach Code of Ordinances
is hereby amended as follows:
Sec. 4. Fees.
24
25
26
27
28
29
30
31
32
33
34
35
36
37
A. Permit Fees. A permit shall not be issued until the
minimum fee of thirty-five dollars ($35.00) or ~2% ofthe total
valuation, whichever is greater, has been paid. The permit fee shall
be based on the value of the proposed construction of all items
specified and detailed on the plans and/or listed on the permit
application. An amendment to a permit shall not be issued until
the additional fee, if any, due to an increase in estimated cost of the
building, electrical, plumbing, gas, mechanical, landscaping or site
development, has been paid.
Section 3.
Each and every other provision of the Land Development Regulations
38
not herein specifically amended, shall remain in full force and effect as originally adopted.
S:\CA\Ordinances\LDR Changes\LDR Chapter 20 Scc 4 Permit Fees.doc
Section 4. All laws and ordinances applying to the City of Boynton Beach In
2 conflict with any provisions of this ordinance are hereby repealed.
3 Section 5. Should any section or provision of this Ordinance or any portion
4 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not
5 affect the remainder of this Ordinance.
6 Section 6. Authority is hereby given to codify this Ordinance.
7 Section 7. This Ordinance shall become effective immediately.
8 FIRST READING this _ day of ,2005.
9 SECOND, FINAL READING AND PASSAGE this _ day of , 2005.
10 CITY OF BOYNTON BEACH, FLORIDA
11
12
13 Mayor
14
15
16 Vice Mayor
17
18
19 Commissioner
20
21
22 Commissioner
23
24
25 Commissioner
26 ATTEST:
27
28
29 City Clerk
30
31
S:\CA\Ordinanees\LDR Changes\LDR Chapter 20 See 4 Permit Fees.doe
RESOLUTION NO. R03- 057
A RESOLUTION OF THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING RESOLUTION R95-44,
PROVIDING FOR AND APPROVING AN
ADJUSTED FEE SCHEDULE FOR THE
BOYNTON BEACH BUILDING DIVISION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Building Division permit fees were last increased on April
18, 1995, by Resolution No. R95-44; and
WHEREAS, pursuant to Florida Statute 166.222, the governing body of a
municipality may provide a schedule of reasonable inspection fees in order to defer
the costs of inspection and enforcement of the provisions of its building code; and
WHEREAS, the City Commission, upon recommendation of staff, deems it
appropriate to increase the existing Building Division fee schedule.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section I.
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.
a part hereof.
A proposed Fee Schedule is attached as Exhibit "A" and made
Section 2.
This Resolution shall take effect immediately upon passage.
PASSED AND ADOPTED this ~ day of April, 2003.
BEACH,
.
ViceMa:orr. ~