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Agenda 04-15-08 The City of Boynt.on Beach 100 E. Boynton Beach Boulevard. (561) 742-6000 City Commission AGENDA APRIL 15, 2008 Jerry Taylor Mayor - At Large Kurt Bressner City Manager Jose Rodriguez Vice Mayor - District III Ron Weiland Commissioner - District I Woodrow Hay Commissioner - District II Marlene Ross Commissioner - District IV James Cherof City Attorney Janet M. Prainito City Clerk www.boynton-beach.org We're Reinventing City Living for the Millennium WELCOME Thank you for attending the City Commission Meeting GENERAL RULES &. 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, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. . Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." . Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes . Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes . ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). S:\CC\WP\CCAGENDA\Cover Template\WELCOME SHEET - REVISED 04-04-07.doc City of Boynton Beach REGULAR CITY COMMISSION MEETING AGENDA April 15, 2008 6:30 P.M. I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Marlene Ross D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. OTHER: A. Informational Items by Members of the City Commission B. Discussion of the LWDD Canal Fill proposal III. ANNOUNCEMENTS, COMMMUNITY &. SPECIAL EVENTS &. PRESENTATIONS A. Announcements: 1. Announcing the April 18, 2008 Oceanfront Concert featuring the music of Eloquence from the 60s, 70s & 80s including disco and R&B. The FREE concert will be from 6 to 9 p.m. at Oceanfront Park. B. Community and Special Events: None C. Presentations: 1. Proclamations a. 2-1-1 Awareness Month - April,2008 b. National Public Works Week - May 18 -- 24, 2008 c. Arbor Day - April 24, 2008 d. Building Safety Week - May 5 - 11, 2008 Agenda Regular City Commission Boynton Beach, FL April 15, 2008 IV. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) V. ADMINISTRATIVE: A. Appointments Appointment Length of Term To Be Made Board Exoiration Date I Weiland Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) II Hay Bldg. Bd of Adj & Appeals Reg 3 yr term to 12/10 Tabled (3) IV Ross Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Mayor Taylor Bldg. Bd of Adj & Appeals Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) I Weiland Code Compliance Board Alt 1 yr term to 12/08 Tabled (2) IV Ross Community Relations Board Alt 3 yr term to 12/10 Tabled (3) Mayor Taylor Community Relations Board Alt 1 yr term to 12/08 Tabled (3) II Hay Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Education & Youth Advisory Board Alt 1 yr term to 12/08 Tabled (2) III Rodriguez Library Board Alt 1 yr term to 12/08 Tabled (3) IV Ross Library Board Alt 1 yr term to 12/08 Tabled (3) III Rodriguez Senior Advisory Bd Alt 1 yr term to 12/08 Tabled (3) IV Ross Veterans Advisory Commission Alt 1 yr term to 12/08 Tabled (3) Mayor Taylor Veterans Advisory Commission Reg 3 yr term to 12/08 VI. CONSENT AGENDA: Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes 1. Regular City Commission - April 1, 2008 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2007-2008 Adopted Budget. 2 Agenda Regular City Commission Boynton Beach, FL April 15, 2008 1. Approve a piggyback of Bid #2005-066 from Boca Raton to contract with Roof Painting by Hartzell, Inc. for the floor re-coating of the top three levels of the parking garage in the amount of $89,742.48. 2. Approve the purchase of the Toro OSMAC RDR Irrigation Control System Package from Hector Turf in the amount of $86,731. 3. Approve piggyback of JEA contract Bid #WCS-066-07 with Insituform Technologies of Jacksonville, FL to rehabilitate the City's wastewater gravity main lines for a total project cost of $1,498,534.72 plus a 5% contingency $74,926.74 for a total of $1,573.461.46 4. Accept the written report to Commission of purchases over $10,000 for the month of March, 2008. 5. Approve a piggyback of the Sarasota County Bid #7518JW to Florida Highway Products, Inc. of Bartow, FL in the amount of $456,508 plus a 9.5% contingency ($43,368) for a total of $499,876 to repair deteriorating City roadways for the annual micro-surfacing project. 6. Approve a piggyback of the City of Delray Beach contract Bid #2002-37 with Chaz Equipment of Wellington, FL to rehabilitate the City's wastewater gravity manholes for a total project cost of $476,202 plus a 5% contingency of $23,810 for a total of $500,012. 7. Award Bid #034-2821-08/JA, "LIFT STATION REHABILITATION PROJECT", to Intercounty Engineering, Inc. and execute a contract in the amount of $1,794,179 plus an owner's contingency of 10% in the amount of $179,418 for a total budget appropriation of $1,973,597. (Proposed Resolution No. ROB-046) 8. Award Bid #035-2821-08/0D, "PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1", to B&B Underground Contractors, Inc., and execute a contract in the amount of $895,460 plus an owner's contingency of 10% in the amount of $89,546 for a total project budget appropriation of $985.006. (Proposed Resolution No. ROB-047) C. Resolutions 1. Proposed Resolution No. R08-048 RE: Approving and authorizing execution of an Agreement for Water Service Outside the City Limits with Edwin Cordero & Carlos Lopez for the property at 1084 Florence Road, Lantana, FL. 2. Proposed Resolution No. R08-049 RE: Approving and authorizing execution of a Perpetual Access Easement, Maintenance 3 Agenda Regular City Commission Boynton Beach, FL April 15, 2008 Agreement and Declaration of Restrictions between the St. Andrews Club and the City of Boynton Beach for Lift Station 101. 3. Proposed Resolution No. R08-050 RE: Approving and authorizing execution of a First Amendment to the Recreation Assistance Program (RAP) Agreement for a grant in an amount not to exceed $35,000 from the RAP - District 3 ($10,000) and Engineering Capital Funding - District 7 ($25,000), to assist with costs for Boynton Beach Little League field improvements. 4. Proposed Resolution No. R08-051 RE: Approving and authorizing execution of the First Amendment to Lease Agreement between the property owners, the County and City of Boynton Beach for the Community Garden Program. 5. Proposed Resolution No. R08-052 RE: Approving and authorizing execution of an agreement between Palm Beach County and the City providing funding to offset the cost of the 2008 Boynton Beach Heritage Celebration Event in the amount of $7,000. 6. Proposed Resolution No. R08-053 RE: Approving and authorizing execution of a standard agreement with PBC Tax Collector's Office for collection of non-ad valorem assessments (Fire Assessment) for the City of Boynton Beach. 7. Proposed Resolution No. R08-054 RE: Approving and authorizing execution of a standard agreement with PBC Property Appraiser's office for billing and collection of non-ad valorem assessments (Fire Assessment) for the City of Boynton Beach utilizing the Uniform Method of Collecting Non-Ad Valorem Assessments. 8. Proposed Resolution No. R08-055 RE: Approving and authorizing execution of an Interlocal Agreement between Palm Beach County and the City of Boynton Beach regarding Open Cuts Under County Thoroughfares. 9. Proposed Resolution No. R08-056 RE: Approving and authorizing execution of a contract with Stanley Consultants, Inc. of West Palm Beach, FL for the "OCEAN AVENUE INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY" RFQ #008-2513-08/JA, in the amount of $58,346. D. Authorize the use of $500 for the Galaxy Elementary School Spring Carnival, Saturday, April 19, 2008 from Mayor Taylor's Community Investment Funds. 4 Agenda Regular City Commission Boynton Beach, FL April 15, 2008 E. Authorize the use of $1,000 for the Bethesda Hospital's Nurses Week, May 4-10, 2008 from Mayor Taylor's Community Investment Funds. F. Authorize the use of $3,000 for Bethesda Hospital's Nurses Week, May 4-10, 2008 from Commissioner Weiland's Community Investment Funds. G. Approve the full release of surety for the projects known as Montreux I and II, in the aggregate amount of $438,100 and returning letters of credit number DBS- 16551 and DBS-17099 to Lennar Homes, the developer ofthe project. VII. CODE COMPLIANCE &. LEGAL SETTLEMENTS: None VIII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Project: Agent: Descri ption: B. Project: Agent: Descri ption: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7.HA., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. (1st Reading Proposed Ordinance No. 08-006) EAR-based Comprehensive Plan Amendments City-initiated Request to transmit Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan to update the goals, objectives and policies and the Future Lane Use Map. (1st Reading Proposed Ordinance No. 08-007) IX. CITY MANAGER'S REPORT: A. Discussion of proposed annexation of properties in vicinity of Hypoluxo and High Ridge Road. B. Discuss a summary financial analysis of the City's General Fund and the Utility Fund for the six months ended March 31, 2008. 5 Agenda Regular City Commission Boynton Beach, FL April 15, 2008 X. FUTURE AGENDA ITEMS: A. Discussion of funding electronic agenda software - May 20, 2008 B. Discussion of disposition of Old High School - April 2008 C. Review new resolution for enclave annexation (Tabled on February 19,2008) XI. NEW BUSINESS: A. Consideration of evaluating the City's Noise Ordinance for improving and encouraging a vibrant downtown. B. Evaluate and decide to remove the CRA's pledged payment of $2.3M for the Public Works Site due on October 1, 2008 as well as an $8.3M payment due in the subsequent year. C. Consideration of pressure cleaning the sidewalks on Ocean Avenue D. Direct City staff to coordinate with CRA staff in the mapping necessary to establish a legal description to define an area known as a "Brownfield". E. Approve the Downtown Master Plan F. Amend the Land Development Regulations to delete the accessory use restriction. XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBLIC HEARING None B. Ordinances - 2nd Reading - Non-Development - PUBLIC HEARING None C. Ordinances - 1st Reading 1. Proposed Ordinance No. 08-008 RE: Approving the clarification of when benefits are payable for terminated vested participants of the Police Pension Fund; adds detail of Internal Revenue Code Section 415 language to the plan and lengthens the DROP election period from 20 to 25 years. 6 Agenda Regular City Commission Boynton Beach, FL April 15, 2008 2. Proposed Ordinance No. 08-009 RE: Approving the modification of the Fire Pension Plan to include the ability of its members to purchase permissive service credits. D. Resolutions: None E. Other: None XIII. UNFINISHED BUSINESS: A. Motion to approve the final recommendations put forth by the American Assembly Implementation Sub-Committees, as they directly correlate to the American Assembly Policy Statement Action Items. (Tabled on April 1, 2008) XIV. ADJOURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEmNG, 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 TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. Agenda 04/9/08 5: \CC\ WP\CCAGEN DA \AGEN DAS\y ear 2008\041508.doc 7 II. OTHER B. INFORMATION ITEM CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J April IS, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July 1,2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing [8J Other RECOMMENDATION: Commissioner Weiland will bring the L WDD Canal Fill proposal before the Commission to discuss any position the City may wish to take regarding the attached information. EXPLANATION: The property owner, Mega-Mini Co. Ltd. has submitted an application to the Lake Worth Drainage District proposing the idea of filling in the canal in order to accommodate the necessary parking to construct a warehouse building (approx. 44,000 sf in 3 stories) on the lot north of the Sparkle Clean (flea Rapido Rabbit) carwash on Congress A venue. Staff has had two pre-application meetings with the applicant and informed the applicant we would not support filling in the canal. Staff had several other concerns related to this project as well. To date no application has been submitted to the City. PROGRAM IMP ACT: Please see the attached letter that staff has prepared and distributed to Ron Crone, General Manager and the L WDD Board of Supervisors. Depending on the position of the Commission further correspondence and/or representation may be made at next Lake Worth Drainage District Board Meeting on April 16, 2008. FISCAL IMPACT: None AL TERNA TIVES: Take no action. JI .~/ 7}f _h ~XCi L',L-€-A.A-';>I.L- , / Department Head's Signature City Manager's Signature Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC The City 01 Boynton Beach OFfiCE OF THE CITY MANAGER 100 E Boynton Beach Boulevard Po. Box 310 Boynton Beach, Rorida 33425-0310 City Manager's Office: (561) 742-6010 FAX: (561) 742-6011 e-mail: bressnerk@ci.boynton-beach.fl.us www.boynton-beach.org April 7, 2008 Ron Crone, Manager Lake Worth Drainage District 13081 Military Trail Delray Beach, FL 33484-1105 Re: Mega-Mini Co. Ltd. LWDD L-28 Canal Request Dear Mr. Crone: The City of Boynton Beach would like to request the Board of Supervisors deny the request of Mega-Mini Co. Ltd. to be granted a Piping, Paving & Parking (PPP) license agreement for approximately 680 lineal feet ofthe L-28 Canal. The City has a number of concerns associated with the request. First of all, Boynton Beach Planning staff has met with the property owner in a couple of pre-application meetings to discuss the possibility of constructing a warehouse building on the lot located at the southeast corner of Congress Avenue and the LWDD L-28 Canal. Staff has explained its concerns regarding intensifying the industrial use of the property and encroaching further towards the residential properties to the north. The filling of a portion of the canal allows greater square footage of industrial businesses on the property, since the requisite parking, which would customarily be within the confines of the same lot, can potentially be accommodated on canal right-of-way. Secondly, a number of residents have contacted our office about the harmful impact associated with the loss of waterfront adjoining their properties, both economically and from a passive enjoyment of the water and the wildlife. Lastly, concerns have been raised over the piping proposed to replace the open canal becoming obstructed during a storm event and creating potential flooding problems for residents in the immediate vicinity, as well as those further upstream. We believe that increasing the area enclosed will present the Lake Worth Drainage District with possible legal exposure in the event of flooding caused by an obstruction that becomes lodged in a long enclosed pipe segment. MEMORANDUM TO: Mayor and City Commissioners FROM: Lori LaVerriere, Ass!. City Ma:nager,~ DATE: April 4, 2008 SUBJECT: April 15th Commission Meeting The attached information will be raised by Commissioner Weiland under "Informational Items by Members of the Commission" at the April 15th City Commission meeting. March 28, 2008. Edwin C. & Nathalie Maloney 1460 Princeton Lane Boynton Beach, FL 33426 This letter is to inform you that we, Mega Mini Co. Ltd. are intending to acquire a PPP license agreement (Piping, Paving & Parking) from Lake Worth Drainage District for a section of LWDD canal L-28, starting at the east side of Congress Avenue going east for a length of 680 lineal feet. As per rules and regulations of Lake Worth Drainage District, we are offering each owner situated directly north of canal L-28, within the segment mentioned above, the opportunity to share in the cost of this project, as well as the expenses involved in the future upkeep, not withstanding maintenance of landscape, parking repairs, taxes and insurance. This in return would entitle each owner, within the section in question, to use the parking area according to rules and regulations of Lake Worth Drainage District and the city of Boynton Beach. Enclosed is a copy of the site plan for the proposed parking area, which would be shielded by a 6' privacy wall. The north side of the privacy wall will be decorated with a 36" high hedge while the south side will be planted with a mixture of 12' high trees, at 30' intervals, as well as sod on both sides of the privacy wall as per rules and regulations of Lake Worth Drainage District and the City of Boynton Beach. Also enclosed is an affidavit requesting your signature as well as a cost analysis statement reflecting the total cost of the project involved and the amount each owner would be responsible for, should anyone decide to participate in the cost of the project. Each owner is required to check the appropriate box indicating your choice and sign your name as owner of the property involved, and return the signed page to us within 5 business days at the address stated below. Sincerely, Bill Thomas Mega Mini Co. Ltd. 2951 S.W. 14th Place Boynton Beach, FL 33426 (561) 801-6145 AFFIDA VIT This is to certify that: Edwin C. & Nathalie Maloney, 1460, Princeton Lane, Boynton Beach, FL 33426, have received a copy of the site plan, cost analysis and the letter of notification relating to the PPP agreement between Lake Worth Drainage District and Mega Mini Co. Ltd. I choose to participate in the sharing of the cost of the project I do not choose to participate in the sharing of the cost of the project Signed this day of , 2008. By: Owner By: Owner By: Owner Cost Analysis for Qiping, paving and parking of canal L-28 Purchase of 680 1. ft. right of way from L WDD Surveying: Cleaning of canal & hauling of trash Purchase, placing and compaction of till Engineering, testing & supervision Piping with end walls & CB structures Paving & striping Landscaping & irrigation 326,400.00 5,500.00 16,500.00 176,000.00 15,000.00 286,000.00 233,450.00 68,000.00 Total: $1,126,850.00 Fare share per owner: $40,244.00 Cost Analysis relating to yearly upkeep: Real estate taxes Landscape maintenance Paving repairs Real estate taxes Liability insurance 7,000.00 12,200.00 2,000.00 7,000.00 1,200.00 Total: 29,400.00 Yearly owner fair share: $1,050.00 co Q) s- <( 0> C 32 "- co a.. Q) "- ::::I - :J LL I I I I I I I I I I I I I I I I I I I I I \ I I \ ~ I >. I 0 1 ell > I 'C: 0.. 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Q) --+-' -- en c 3: In ~ Ii; '" '" N 'Ii ,.; l!.l ~ ~ i ~ ;B u LaVerriere, Lori From: Sent: To: Cc: Subject: Breese, Ed Thursday, April 03, 2008 2:57 PM LaVerriere, Lori Rumpf, Michael; Greene, Quintus L-28 Canal north of Carwash Lori, Per your request, here is what I know about a request for the Lake Worth Drainage District to allow a portion of the canal to be filled in and the water piped through a PPP agreement. The property owner has attended a couple of pre-application meetings with staff to discuss the possibility of constructing a warehouse building on the lot north of the Sparkle Clean (fka Rapido Rabbit) carwash on south Congress Avenue, immediately south of the L-28 Canal and Golfview Harbour, The owner is the same owner as the Mega-Mini Storage facility to the east of the property. At the most recent meeting, on March 3rd, the applicant proposed the idea of filling in the canal in order to accommodate the necessary parking to construct the square footage of building he would like to build (approx. 44,000 square feet in 3 stories). Staff indicated that it could not support the filling in of the canal, which essentially would allow the industrial (M-1 zoning) to encroach closer to the residential properties to the north (Golfview Harbour). At the conclusion of the meeting, we suggested they contact the Commission, especially those that reside in Golfview Harbour, to see if there was any level of support for their concept, before they expended any further dollars on conceptual plans. We explained the issues that arose when the carwash was going through the review process, so they would be aware of both staff and resident concerns. Apparently they did not follow staff's advice, and instead went to the Lake Worth Drainage District to inquire about filling in the canal and were told that they would need to notify those property owners abutting the canal. On Monday, we received a phone call from Mrs. Chiodo, who was one of the property owners who hired an attorney to protect their interests when the carwash was being processed. She was pleasant, but concerned about a letter from the Mega-Mini Co. that was deliverer' to her daughter's house informing them of their desire to fill in the canal and offering the opportunity to share in the cost ( the project. She subsequently faxed our office a copy of the letter and it's attachments. The following day I received a call from another resident, Ms. Linda Williams, expressing a great deal of concern that the Mega-Mini could get approval from the Lake Worth Drainage District to fill in the canal and she would lose the waterfront associated with her property, She asked if the City would also have to approve the filling of the canal. I spoke with the Drainage District and was told that City was welcome to comment, but the decision rests with the District Board. They indicated they too have received some resident phone calls with questions and concerns. I have just learned that the application of Mega-Mini is tentatively scheduled for their April 16th Board meeting. The agenda should be firmed up on April 14th or 15th and we can call to find out where it is placed on the agenda, I am expecting a call back this afternoon or tomorrow to discuss the City's ability to weigh in on this application and in what manner. That is about all I can tell you at this point. Let me know if you need anything further. Thanks, Ed LaVerriere, Lori O::rom: ;ent: To: Subject: Breese, Ed Monday, April 07, 2008 1 :46 PM LaVerriere, Lori FW: L-28 Canal/Mega-Mini Lori, I spoke with Fran Cappellini in the legal department at Lake Worth Drainage District this morning. She indicated that the City could send a letter stating our position on the Mega-Mini proposal to fill in the L-28 Canal. She stated they had received a number of calls from residents and expected a number of letters would be submitted opposing the request. At present, there is a Board workshop scheduled for April 9th where staff will review the various applications with the Board of Supervisors in advance of the April 16th Board meeting. At the April 9th workshop, district staff may have their recommendation ready to discuss with the Board. Later that same day, we should be able to find out the exact placement of the item on the agenda and possibly the time it is expected to be heard. I have also spoken with the Mega-Mini representative, who indicated he too has received phone calls of opposition from residents. He stated he has not received any feedback on his application from the Drainage District as of yet. It may be beneficial to have something stating our position to LWDD staff tomorrow, in advance of the workshop meeting on April 9th. I know we do not have a Commission meeting until April 15th for a formal position, however maybe the Commission could be polled or a less formal letter could be generated by staff. Let me know what, if anything, I can do. Thanks, Ed -----Original Message----- From: Breese, Ed Sent: Friday, April 04, 2008 5:10 PM To: LaVerriere, Lori Subject: L-28 Canal/Mega-Mini _ori, I did not hear anything today from the Drainage District. I will follow-up on Monday. Have a great weekend. Ed 1 III.-ANNOUNCEMENTS & PRESENTATIONS Item A.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 [gJ April 15,2008 March 31, 2008 (Noon) 0 June 17. 2008 June 2, 2008 (Noon) 0 May 6. 2008 April 14. 2008 (Noon) 0 July I, 2008 June 16, 2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30. 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) rgJ A nnouncements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Announce the April 18, 2008 Oceanfront Concert EXPLANATION: On Friday, April 18, 2008, the Boynton Beach CRA, the City of Boynton Beach and The Palm Beach Post will present an Oceanfront Concert, featuring the music ofE1oquence with 60's 70's & 80's including disco and R & B. This FREE concert will take place from 6:00 PM - 9:00 PM at Oceanfront Park located at 6415 N. Ocean Blvd, Ocean Ridge. Food and Drink vendors available. Please bring your folding chairs and be prepared to dance the night away, Park and ride the shuttle from the Bank of America on the corner of US 1 and East Ocean Avenue, shuttle runs from 5:30 PM - 9:30 PM PROGRAM IMPACT: FISCAL IMPACT: (Include Account Number where funds will come from) ALTERNATIVES: k ~o 03ft.~ ~~,~ l City Manager's Signature Assistant to City Manager ~ City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC ~\'1YO;'" I......... \ lilt - .. ..J\J: o \. ... . V " .~.. /. IV - / ",' 7.0N~\3> III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.a CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office ~ April 15, 2008 March 31,2008 (Noon) 0 0 May 6, 2008 April 14,2008 (Noon) 0 0 May 20. 2008 May 5, 2008 (Noon) 0 0 June 3, 2008 May 19,2008 (Noon) 0 Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office June 17.2008 June 2. 2008 (Noon) July 1.2008 June 16. 2008 (Noon)~~,! ~u August 5, 2008 -....... June 30, 2008 (Noon)?" _0 W July 14,2008 (Noon)- -U ::l: .. ,---I ----j-< July 15, 2008 ':.J NATURE OF AGENDA ITEM ~ Announcements/Presentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing o City Manager's Report ry o New Business o Legal o Unfinished Business o ....., J ., r1~i ;~:; RECOMMENDATION: Present Proclamation EXPLANATION: 2-1-1 is a free service that was implemented by the Center for Information & Crisis Services in 2002 that collects and maintains information on community health and human services and makes this information available to the public via its hotlines, helplines, printed directories, and on the web. People calI 2-1-1 for many reasons. Some just need a phone number to a community program, while others calI because they need to talk over a problem. CalIers can be single parents trying to make it on their own, adult children concerned about their aging parents, elderly adults trying to retain their independence or teens struggling with adolescence PROGRAM IMPACT: This Proclamation will help raise awareness of this valuable public resource. FISCAL IMPACT: None AL TERNA T1VES: Not present Proclamation ~11~a~t ~ ~~ture )~ City Manager's Signature Assistant to City Manager ~ Public Affairs Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC PROCLAMATION Many times, individuals need help with meeting life's basic needs, and they are not sure where to turn. In Palm Beach County and the Treasure Coast, people are fortunate to have 21 ] Palm Beach/Treasure Coast, a non-profit agency that has been serving the community for more than 35 years. Trained personnel provide information and referral on community resources, telephone counseling for distressed callers and suicide intervention. 211 Palm Beach/Treasure Coast is a recognized central linkage point in our community providing individuals with the information and support they need to solve their problems, Last year, 211 staff and volunteers assisted over 155,000 callers who were in need of information, referrals to social service agencies or just someone to talk to. Every call is different but each call is responded to by an empathetic, caring specialist. Assistance is available 24 hours a day, seven days a week. 211 is the only telephone number citizens need to know to access information or referral to over 4,000 programs in our community that provide assistance in such areas as insurance, volunteering, food, day care. mental health counseling, support groups, home health care, financial assistance and more. Now, therefore, l, Jerry Taylor, by virtue ofthe authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of May 2008 as: 2-1-1 Awareness Month in Boynton Beach and urge all citizens to familiarize themselves with the many valuable services provided by 211 Palm Beach/Treasure Coast. In witness whereof, 1 have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of April, two thousand and eight. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) ............................................................................................................... .... Need Information On Community Services? : Help Is Only A Phone Call Away ; (Not 4-1-1. not 9-1-1 but 2-1-1) : . . . . . . . . . . . . . . . Palm BeochfTreosure Coost:* 2.'~' GetConnected. GetAnswers. As life presents new challenges, knowing who to All of 211's services are free, confidential, and call is half the battle. non-judgmental. The goal of 211 is to make the community aware of the vast array of services that are available to assist individuals in times of need. If you are faced with difficulties and are not sure where to turn for answers then 211 Palm Beach/Treasure Coast should be your starting point for information on local community health and human service programs. 211 Palm Beach/Treasure Coast is in its fourth decade of service providing a team of specially trained paid and volunteer staff to assist callers with information and referral, crisis counseling, suicide prevention, and community education. In 2007, 211 assisted more than 155,000 callers. There are two additional programs at 211 Palm Beach/Treasure Coast that are extremely important for residents to be aware of: 211 Sunshine - free daily telephone reassurance program designed to check by phone on the well- being of seniors, the homebound, and/or disabled. Sunshine service is provided 7 days a week between 7:30 am and 5 pm. Anyone interested in receiving a Sunshine call should dial 2-1-1 or (561) 383-1117 to sign up for Sunshine. Volunteers are also welcome to make Sunshine calls from offices based in Lantana. Call for more information. 211 is available 24 hours a day, 7 dayS a week Anyone in Palm Beach County and on the Treasure Coast can dial 2-1-1 for a phone number to a community service or to talk over a problem. Every call is different but each call is responded to by an empathetic, caring specia list. 211 can connect individuals of all ages to a wide variety of community resources such as financial assistance programs, caregiver resources, in-home services, legal counseling, insurance assistance, substance abuse and mental health programs, volunteer opportunities, support groups and so much more. Information is available for individuals, concerned family members, friends, neighbors, professionals or anyone else who has questions about available programs in their community. 211 is also available if an individual is feeling : alone, overwhelmed, or simply needs someone . to talk to. . . Elder Crisis Outreach - provides short term crisis counseling, comprehensive needs assessment, linkage to community services and advocacy with family or service providers to seniors aged 60 and over. With access to more than 4,200 programs within our community, 211 is for any person who may find themselves in a situation without knowing who to contact to obtain information or answers to the problems they are facing. The only number to remember for information on available community resources is 2-1-1. 211 Palm Beach/Treasure Coast can also be contacted from outside the area by dialing (561) 383-1111 or via 211's website: www.211palmbeach.org . . . . . . . . . . . . . . . . . . . . . 2007 City of Boynton Beach 211 Palm Beach/Treasure Coast Service Snapshot ____..__n_~. _______...__ ._.__..____~.__.w____. Call Volume per Month .!!! 1,000 1 iU U - 0 500 Q; .J:l E 0 :::J Z Jan \.;~ ,",~.?-.O;- ~ C) ~ .iI'L.... . 2006 : II 2007 Feb Mar (':111 '1 )pes Information & Referral 86% Counseling 7% Counseling with Info & Ref 3% Advocacy/Linkage 3% Emergency Intervention < 1% Unknown < 1% Problcm/Nceds Abuse/Neglect/Crime Basic Needs Clothing Food I Jousehold/Furniture Housing Shelter Day Care/Child Care Disabilities Employment Financial Assistance Health/Medical 11ealth/Medical Home Health/Rehab Insurance Hurricane Information Only Legal Mental Hlth/Personal Active Callers Mental Health P e rso nalll nterperso nal Substance Abuse Suicide Transportation Other Total 115 (1%) 1,315 (15%) 35 535 28 280 437 103 (1%) 83 (1%) 115 (1%) 2,219 (25%) 992 (11 %) 371 341 280 12 (0%) 1,400 (16%) 274 (3%) 1,222 (14%) 227 278 556 133 28 186 (2%) 833 (9%) 8,869 Apr May June July Aug Sep JJr ~.J~' GetConnected. Get Answers. Oet Nav Dee Information and Referrals 2007 7,412 - Calls 10,002 referrals made to 1,210 programs Top 25 Agencies Receiving Referrals Represents 53% of all referrals made PBC Division of Human Services and Veterans Services Center for Family Services of Palm Beach County. Inc. Community Action Program of Palm Beach County Florida Department of Children & Families Ruth Rales Jewish Family Service Operation Hope The Lord's Place, Inc. Legal Aid Society of Palm Beach County. Inc. Community Caring Center Florida Department of Elder Affairs The Salvation Army Florida Department of Children & Families (District IX) The Soup Kitchen. Inc. Catholic Charities. Diocese of Palm Beach, Inc Adopt-A-Family of the Palm Beaches. Inc. City of Boynton Beach South County Mental Health Center. Inc, Comprehensive Alcoholism Rehabilitation Programs. Ine. Palm T ran Christians Reaching Out to Society Palm Beach County Health Department Coalition for Independent Living Options. Inc. Palm Beach County Division of Senior Services Workforce Alliancc. Inc. St. Vincent de Paul Society jp ( mil: 33435 33436 33426 33425 Unknown 46,52% 32.74% 19.77% 0,81% 0.]6% Call Fre! lICIll.'Y Midnight - 8 AM 8 AM - Noon Noon - 4 PM 4 PM - Midnight 4% 40% 36% 20% Busiest Hour: 11- Noon Calli 10m Self Friend/Relative Organization 87% I (J(~ 0 ')0/ .::. /(l Genuel Female Male Unknown 73% 25% 2~/o A'l' 0-17 3% 18-21 4% 22-34 19()o 35-54 26~/o 55-59 6(~'() 60-64 5~/o 65-74 9% 75- 79 5(~/o 80 & Older 14% Unknown RO/o For additional information contact Rhonda Throop, Director of Community Education at (561) 533-1065 or rhondathroop'l';211 phtc.org www.211 palmbeach.org CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl\t.l III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.b 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 [8'J April 15, 2008 March 31,2008 (Noon) 0 June 17. 2008 June 2, 2008 (Noon) 0 May 6, 2008 April ]4,2008 (Noon) 0 July 1,2008 June 16,2008 (Noon) 0 May 20, 2008 May 5. 2008 (Noon) 0 July 15, 2008 June 30. 2008 (Noon) 0 June 3, 2008 May 19.2008 (Noon) 0 August 5, 2008 July 14.2008 (Noon) [8'J AnnouncementslPresentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Present Proclamation EXPLANATION: National Public Works Week, celebrated this year May 18-24, seeks to enhance the prestige of the professionals who serve the public good every day with quiet dedication. Public Works professionals have been participating in events and activities to increase public awareness and appreciation of the profession since 1960 when President Kennedy proclaimed that this event serve as an annual reminder of the value that public works professionals contribute to our lives. PROGRAM IMPACT: This Proclamation will help raise public awareness of the contribution of public works professionals to the quality of life. FISCAL IMPACT: None AL TERNA TIVES: Not present Proclamation -u J~...... _ :In ~-t~ epartment~d' s . nature City Manager's Signature Public Affairs Assistant to City Manager ~ Department Name City Attorney / Finance S:\BULLETfN\FORMS\AGENDA ITEM REQUEST FORM.DOC Proclamation WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, solid waste collection, forestry and grounds, fleet maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works and utilities officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works and utilities departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, WHEREAS, this year's theme, liThe Future is Now", centers on the pervasiveness of public works; and. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the week of May 18 - 24, 2008 as "NATIONAL PUBLIC WORKS WEEK" and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and utilities and to recognize the contributions which public works and utilities officials make every day to our health, safety, comfort, and quality of life, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, this 1st day of May, Two Thousand Eight. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) S:\CC\WP\CCAGENDA\Proclamations\Year 2008\Public Works Week doc III.-ANNOUNCEMENTS & PRESENTATIONS Item C.l.c CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned MeetinlJ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6. 2008 April ]4,2008 (Noon) D July 1, 2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30. 2008 (Noon) D June 3, 2008 May J 9, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) ~ Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve Proclamation for Arbor Day - April 24, 2008 EXPLANATION: The idea for Arbor Day originally came from Nebraska. On January 4, 1872, J. Sterling Morton first proposed a tree-planting holiday to be called "Arbor Day" at a meeting of the State Board of Agriculture. The date was set for April 10, 1872. Prizes were offered to counties and individuals for planting properly the largest number of trees on that day. It was estimated that more than one million trees were planted in Nebraska on the first Arbor Day. During the 1870's, other states passed legislation to observe Arbor Day and the tradition began in schools nationwide in 1882. National Arbor Day is celebrated on the last Friday in April. It has been a tradition for the City to celebrate Arbor Day. This Proclamation is an important element in commemorating the day. PROGRAM IMPACT: Proclamation will heighten public awareness of the importance of planting and maintaining trees. FISCAL IMPACT: ALTERNATIVES' 1 f Not approve Proclamation 1 I Slash Pines @ $45.00/ea = $495.00 (to be planted by school children) From Forestry & Grounds Account #001-2730-572-52-26 ~o~ City Manager's Signature Assistant to City Manager ~ f2~) ~ MLYo. Department Name City Attorney / Finance S\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC WHEREAS, in 1872 J, Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 24, 2008 as: ARBOR DA Y in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations, IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 15th day of April in the Year 2008, Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) !;'1"Y OI>- l.....' '~ I, . \ I .,.. .~ tll \. J :r 0\ ,. . .'V ," . .... /. .IV'''' ..,...IF;<"f''' ~ ~ON "" III.-ANNOUNCEMENTS &. PRESENTATIONS Item C.l.d CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April] 5,2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April ]4,2008 (Noon) 0 July 1, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) ~ Announcements/Presentations 0 City Manager's Report NA TURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Proclaim May 5 - 11,2008 as Building Safety Week. EXPLANATION: The Development Department requests that the City Commission declare May 5-11, 2008 as Building Safety Week in order to help promote citizen awareness building safety. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Assistant to City Manager ~ Development Department Department Name City Attorney / Finance S\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM DOC 1> Whereas, through our continuing attention to build safe structures for everyday life and times of disaster, we enjoy the comfort and peace of mind of facilities that are safe and sound: and, Whereas, building safety and fire prevention officials are at work year round to guide the safe construction of buildings; and, Whereas, the dedicated members of the Building Officials Association of Florida, including building safety and fire prevention officials, architects, engineers, and others in the construction industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn: and, Whereas, the Florida Building Codes are adopted and used by the State of Florida. These modem building safety codes also include safeguards to protect the public from natural disasters that can occur such as hurricanes, tornadoes, wild land fires and flooding; and Whereas, Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public; It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and, Whereas, this year's theme is "Building Safety: where you live, work and play." It encourages all Floridians to raise our awareness of building safety. Every one can take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and, Whereas, this year, as we observe Building Safety Week, we ask all Floridians to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety, everyday and in times of disaster; Now, therefore, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 5 -11, 2008 as Building Safety Week In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 15th day of April. Two Thousand and Eight. Jerry Taylor, Mayor City of Boynton Beach ATTEST: City Clerk V. ADMINISTRATIVE ITEM A. APPLICANT ELIGIBLE FOR APPOINTMENT 04/15/08 Last Name First Name 1 st Choice 2nll Choice 3ro Choice Dwork Jonathan Planning & Dev. Bd. Grace Joyce Arts Commission Levine Stephen Veterans Advisory Commission Norfus Victor Planning & Dev Bd. Rurey Tim Building Borad of Adj & Code Compliance Planning & Apls Board Development Bd. Timm H. Warren Planning & Dev Bd. ~""Yo...'" ~'(, . i:- .~?,(j #vf'~~'~,_:, _._'_"'- (:> \: ~v VI.-CONSENT AGENDA ITEM B.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 ~ April 15,2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) D July 1, 2008 June 16.2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: A motion to approve a piggy-back of Bid #2005-066 from Boca Raton to contract with Roof Painting by Hartzell, Inc. for the floor re-coating of the top three levels of the Parking Garage in the amount of $89,742.48. EXPLANATION: The existing floor coating on the top three levels of the Parking Garage have deteriorated due to traffic. Condition of the flooring is to a point that there are several balding areas which present slipping hazards for people walking in the garage and potentially dangerous traction problems for vehicles turning, moving up/down the ramps, and pulling inlout of parking spaces. The coating is a four-layer Sherwin Williams system selected by staff after researching a variety of similar products. PROGRAM IMP ACT: The Parking Garage has become a slipping hazard and could be determined unsafe which would disallow the continued use of parking in the garage, thus presently a severe parking issue for City staff and visitors. FISCAL IMPACT: $120,000 has been budgeted in the 07/08 CIP Budget (Acct. #302-4101-580-49.17 - Project #CP0702). ALTERNpVE~' ~ mmmg '7e/clO," ilie g=ge due ro "fe~ m'u~ i ~4!~nt~j,.IDIe Ci~M""g,,'sSignaIDIe ~ Assistant to City Manager ~ Jg?A City A~mey / Finance C) c;:::j :::j-< ~.c::' ") -r-; ~ ....._ ,--v I - l;'} --, ---- "':"'')'_,J c..n o -'I -~~ co -:':f'l~ oj r~ll> r") ~- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ex: uJ ~- C " " x ~ c: ~ <~ Z "" L-' ::2 ~ r-t.; eL ',-,' 5 f- ::: 2: 7 <:( ~ <:(e- i~ CJ e- eL ~~ :D ,- 2 h roJ Ll~ :> " H -1 [,J ;~ Z ~."i -1 -1 0 ILl Gb ex: ex: ~- N 2UJ ~ ~ b ILl 0 0 Dc; bU N r~ 0 <r: >< ~ ~ rl :r; W r-- e- m m rl ~ OJ OJ '"" OJ c:; ~ Z 0 >< H Z 0 b H bb 0 Z 0, OJ <:( E-< HU] 0 -1 ILl rl 0 Z 20 OJ <:( 0 0; '"' U H :=>U ~ E-< QJ <:( ~ <:( 0 H Ol W ~ W "" N E-< (1j >' 0 0 ~ E-< ~ 0 ~ "" r-- Z (1j -1 0 0 m 0 <:( 0 -< 0 <r: 0 OJ H , U 0 0 Dc; b z: ~ UJ H rl H 0 '"' UJ Dc; (1j "" Dc; Z 0 H E-< :r; OJ H m z: < :=> 0 UN b Z -1~ 0 0 [ii 0 WO ~ Z -< Dc; H :=> [ii "" 1Jr---w [ii 2 :> <r: Dc; 00-'-< Dc; 0 0"" >< 0 2 Dc;~U Dc; H Dc; b 0 ""U ~ E-< ~-1 H H U H ~.-:1 n; b H UJ <~ 0 ~ W H Q :r; ~ H Z :=> E-< E-< 0 p,~ W 0 W Wb :> Z Z 0; QH H U Q ~ [ii W (I) UJ E-< '"" 0 ,-< ~ UJZ (/) '"' 80 W 0 U Z U E-<(/) 0 , 0 Dc; <:(<r: 0 en , U H ~ E-<W ::J 0 Ul E-< , ~ UlDc; (/) 0 " :> '"' ('~ ~ UJ 0 Ul 0 ~ (/) ~..J 2 rl 0.-:1 0 r :r;<r: ,-,J ." cc ,~ U~ iY t-' CC f" U <C' C-' QJ ~~ :>: > :::;r. 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" '-'CD '.-=:0' ~Z ,._, c...: Roof Painting by Hartzell, Inc. 2301 N.W. 33rd Court, Suite 12 October 3, 2007 _ REVISED Febru~~~,~~~o Beach, FL 330~~+ htu{-I ; (/ (.tt~ (u) c' ((: -Ii; ~~ 5{" 2 - Y 1('/- 58(, 9'9:, // CPt.7{-2.- To: City Of Boynton Beach Paula LeBlanc - Facilities Management Supervisor From: William Stecklow/Anderson Pinto Re: Garage Decks -Removal of Non-Adhering Portions of the Existing Traffic Coat System and Installation of New Sher Crete 4 Coat Scope of Work: Pressure clean the entire deck flooring, hand scrape loose coating ON L Y; patch large cracks with Sher Crete SW I or SW 2 sealant - floors have to be dust tree and clean before starting coating system; mask all surfaces that are not to receive the traffic coating; Sher Crete Traffic Coating System is a 4 step urethane coat system; First coat is ArmorSeal Floor-Plex 7100 Primer - install 5-6 mils wet; 2 Coats at 25 mils, & 10 mils - broadcast with sand aggregate and then the 2 part clear Top Coat at 15 mils, Price includes coating over existing bumpers and 4" up wall at building. IWE HAVE BASED OOR PRICING ON APPROVED City of Boca Raton Term Bid No. 200S-0661. ,] 2 cents for pressure cleaning; ,30 cents x 4 coats = $ 1.20; scraping and grinding -.12 cents. The 4 part traffic coating system costs $ 1,08 more for material over the standard units x J, J 5% = $ J ,24 Total cost per square foot is $ 2,68 PARKING GARAGE FLOOR Lower Level- NOT INCLUDED 1 " Level 10,950 sq. ft. of floor decking and 2 sets of stair"s (p! S 2.68 = $ 29,346.00 2nd Levd 11,229 sq. ft. and 1 set of stairs Ct.j) $2.68 = S 30,093.72 3rd Level 11,307 sq. ft. 2 sets of staiJ.s and a walkway (ji) $ 2.68 = $ 30,302.76 TOTAL S 89,742.48 As discussed the garage will be shut down during application and we need another 7 days after applying the top coat to properly dry from beneath. Sherwin Williams will have a technical representative on site at start up and various stages of application to verify that all coats meet the minimum mil thickness. /1 . ln October we bid based upon removal of all the existing traffic coating in the amount of $ 194,2 J 8.80. That proposal had a 5 year warranty from Hartzell & Sherwin Williams. Shere Crete will bridge needed areas of the existing coating and at a cost savings of $ J 04,476.32, it wi 11 sti II adhere. Roof Painting by Hartzell, Inc. will warranty project for 2 years from date of substantial completion for the new Sher Coat coating of the deck and adhesion at bridged areas, Any areas that do not adhere because of normal usage during that period will be recoated by Hartzell at our cost. This work should be done as soon as possible - the deck has to be dl)' when coating- the rainy season is coming in June. The upper areas of the garage can be closed stal.ting from the entry on NE 1 sl Street- all traffic if it works with you and the police department can use NE I st Avenue entrance for the lowe," area parking that is not getting any coating. But we will work out any schedule that meets your req u irements. If YOll need additional information, please do not hesitate to call me. CC: Bill "B" Main Fax Number (954) 957-9766 Main Phone Number (954) 957-9761 WSS Fax Number (561) 482-9078 WSS Cell Phone Number (561) 239-4711 WSS Email Address-Bocasteck@aol.com Hartzell Companies 2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069 January 21, 2007 TO: City of Boynton Beach Facilities Management - Christina-Roberts FROM: Bill Stecklow RE: "Piggy Backing" off City of Boca Raton Term Contracts As per our conversation of last week, Hartzell Construction, Inc. has 2 term contracts with the city of Boca Raton; Bid No. 2004-063 that runs through 8-2008 - Paver Block Installation and Repairs, which just recently has had concrete and stamped concrete added to the scope of work and Bid No. 2005-032 Fence Install, Replace & Repair Services that runs through 5-2009 and includes any and all fence work including bridge concrete and/or railing retaining walls; site entry walls - precast, brick, stone and pickets as well as chain link fencing. Roof Painting by Hartzell, Inc. has one term contract - Bid No. 2005-066 which includes weatherproofing of all wood structures; unit items for pressure cleaning (which we have used yearly to pressure clean all the city of Boca Raton streets and annually clean all the city buildings in the downtown complex; pressure cleaning and painting units have been used to paint the exterior of City Hall, Old Town Hall, the Police Headquarters, the Library, Community Center and Teen Center, Chucks Restaurant, both tennis facilities, both pool complexes and most of the parks and Utility buildings; Line item 7 for painting has been used to paint the interior of City Hall, Police Department, Dispatch facility, Ranger Building and all parks bathrooms and the Skateboard facility inside and outside. Recently the City of Delray Beach has "Piggy Backed" off our Boca term contracts to paint Sarah Gleason Park, Veterans Park, The bridge at Atlantic Avenue, Barwick Park and we have 4 other projects on hand and 3 more being processed. I have attached back up for all the above mentioned contracts in their entirety and purchase orders for your use and information. Hartzell has been in business in Florida for over 55 years. I have been servicing this area for over 20 years. Our term contracts have to be re-issued yearly by the City of Boca Raton; We were first successful on the painting contract in 1995, it was renewed yearly until 1999, when we were again the successful low bidder, this contract was extended yearly until 2005 when again we were the successful low bidder, it was renewed in 2006-7 as well as the Paver and Fencing term contracts..all have been renewed yearly. I believe this speaks for itself. We are known for our quick response, our quality and professional work and competitive pricing. We look forward to listing Boynton Beach as one of our clients. YOu~ /' ---.r' . ,___---- (c," " __ ____._.. '____"_ Bill Stecklow Main Fax Number (954) 957-9766 Main Phone Number (954) 957-9762 WSS Fax Number (561) 482-9078 WSS Cell Phone Number (561) 239-4711 COUNCIL APPROVAL PROCUREMENT RECOMMENDATION TARGET AGENDA DATE: September 27, 2005 Subject: Weatherproofing Bid Number: 2005-066 Department: Recreation Services Procurement Method: Sealed Bid Bid Opening Date: 43 Bids Solicited 7 No-Bids 3 Responses August 31, 2005 Award Amount: $189,151 Contract Period: This is the first year of the two-year contract award period. The City reserves the option to renew annually subject to appropriation of funds not to exceed a maximum of two one-year renewals, Low Responsive Responsible Bidder, Roof Painting by Hartzell lnc" Pompano Beach, FL Award to: Scope: This procurement provides for weatherproofing services to the wood structures at the following park locations: Spanish River, James A Rutherford, South Beach, South Beach Pavilion, Sand Pine, Hidden Lakes, Boca Isles, Pine Breeze, Meadows, Hughes, Boca Tierra, Woodlands, Silver Palm, Sanborn Square, Lake Wyman, Ocean Strand, Memorial, Red Reef, Gumbo Limbo, Patch Reef, Sugar Sand and various signs and fences throughout the City. Weatherproofing wood structures on an annual basis is necessary to prolong the life of the wood due to the harsh elements of the salt air environment. Vendor T olal Bid Roof Painting by Hartzelllnc, $189,151,30 Eagle Painting $197,955,00 Sun Art Painting Corp. $427,440,00 Funding Source(s): Financial Services Director: /UcI Various Recreation Services Weatherproofing Accounts FY 2004-2005 $ 164,076.30 FY 2005-2006 $ 25,075,00 . I '." if' vr 71 Buyer: Sr, Buyer: Purchasin ct..r OMB Director: Deputy/Assistant City Manager: I ~, ~--' BID NO. 2005-066 BIDDERS CERTIFICATION The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding of the conditions goveming this bid, Bidder must submit proof that their firm name is registered with their State of origin. ~~ 7A/llrJjJCt P-t )-tp{[Ut.J- *Nam of BId er (FIrm Nar e as Reg stered with their State of origin. I ?30) )J.W. 3~rJ~ ,S~ /2 Street Address ( ;e~Z~O /3MCft fL ~f.p1 ty, State, ~lp A~~' W J LLt ~ c.;-r~c.t::.Le u.) , 11 f&~, c-bI # 6 'Z-<ro 7& Fax No, I ( Telephone Federal 1.D. No. 91- llLfLl 'L / STATE OF: .JL COUNTY OF: ~~lfl-() The foregoing instrument was acknowledged before me this 1""7 day of ./Jz;Ic., 20.12 S ' by /J..)/ILll#rl 5'Tt.t...(a~+Yho is (~!/,o au,lpersonally known to m~s produced / s idenli Icalia anct 0 . (did not) lake an oath NOTARY PUBLIC SIGNATURE ~(!." ~ l. ~\ ~ II-\.~ NOTARY NAME, PRINTED, TYPED OR STAMPED Commission Number: '~\)L\;"l( ~q') My Commission Expires: !F/) Notary Public Stat! of Florida Toni Lynn Holman My Commission 00441893 , 2009 ~-\~.o,\ NOTE: All bids shall be in a sealed envelope and marked on the exterior "Sealed Bid No.: 2005-066". All bids must be submitted in duplicate to Boca Raton City Hall Purchasing Division, 201 \Y, Palmetto Park Road. 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Q) .... c..l I1l Qi:E a... ro (5 f- Q) Ole. .l!! ::J c.:.t: 8 (0 Qj:E a... oI:l '" e. t )( ~w - III ~~ 2~ <(~ <il w in Cl.. Ii =? ';: -c ~ .! ro II) lIl::Et :E-ro OD.. '0 Q) l- C Ol 0 III ro- .l!l "E (;) i[! ... Q)Oro III 2 0 'C 0.. Q) E Q) o..oro CXl ..ci .;:: ::E Cll - o I- o o o m I'- ei ..-- w. ~ o o C"? ro (5 I- o o It'l -.:r It) oi w. ~ o It) ..-- Cll - o I- o o o M ..- m w. ~ o ..- o o It) -.:r It) oi w. ~ o It) ..-- CXl o ~ ~ g gni coU w. 5 .... 'C:) o ci en I-- ..;- M .,. ~ o ll'i en I-- o N ~ --0- o ci 00 N a)' ..- .... --0- o ll'i en CD ,..: ..- w. III ..... o I- ~ -CD ~aI:l W < ~ ~ z ~ < .... III z~ Q..J g~ ..Jo <l- I- en z :s:: u o ..J CD 0::: w ~ 0.. i ~~o/&8o.av~ CITY HALL' 201 WEST PALMETTO PARK ROAD' BOCA RATON, FLORIDA 33432-3795' PHONE (561) 393-7700 (FOR HEARING IMPAIRED) TOO: (561) 367- 7046 SUNCOM: (561) 922-7700 [NTERNET: www.ci.boca-ratonfl.us August 9, 2004 CORRECTION (This letter superscedes letter dated 8/5/04) Hartzell Consturction, Inc, Edward F. Holman, President 4100 N. Powerline Road Pompano Beach, FL 33073 Tel: 954-957-9762/ Fax: 954-957-9766 Subject: Re: Bid No. 2004-063, Paver Block Installation and Repairs "Primary" Award Recommendation Dear Mr. Holman: You are hereby notified that Hartzell Consturction, Inc, has been made the "Primary" awarded vendor for the above subject bid. In accordance with item #17 "Award" of the bid specifications, the above subject bid is intended to be awarded to a "Primary" and "Secondary" vendor. For your information, the secondary awarded vendor for the above subject bid has been made to National Brick Paver Corporation Also attached is a bid tabulation provided to you for your reference. As a reminder "Primary" and "Secondary" is defined as follows: The Primary vendor is to be used in every instance of requesting any type of paver block installation and/or repairs as long as bidder conforms to time frames referenced for prompt service and all remaining bid requirements. If the Primary vendor is not able to conform to the bid requirements, the City reserves the right to contact the secondary vendor accordingly. The initial contract period will be from 8/3/04 through 8/2/05, automatically renewed thereafter, with a maximum of three one year renewals as per term and condition #4 "Contract Period" in the bid. Orders from the City of Boca Raton will be placed throughout the contract period on an as needed basis via blanket purchase order or normal purchase order. All terms, conditions, specifications and prices for the above subject bid shall apply. Request for orders meeting or exceeding $25,000 will require council approval. Please arrange to mail your organization's original insurance certificate to my attention. Your insurance certificate must disclose the limits established in the bid with the City of Boca Raton and Greater Boca Raton Beach and Parks District named as an additional insured. Thank you for your cooperation. We look forward to a prosperous working relationship with your organization, If you have any questions, please call me at (561) 393-7869. rEo oeret~.;, -- -.'''' , .'7 . "-~ //) , I //'':::':>:;::-;''/ .''-'_ ,.~ ~/. ;,r '.. . '/ '._ U., ,/:.:-' " 7.?c' . (~ ~ ' '. ~. \...-.- . <- .,-" . Diane LoPresti, Buyer c: Michael Roberts, Streets Superintendent Clay Pape, Beautification Operation Supervisor Bill Stecklow, Hartzell Construction - AN EQUAL OPPORTUNITY EMPLOYER - Bid No, 2004-063 ~'~~ (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths). BIDDERS CERTIFICA nON The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with full understanding ofthe conditions governing this bid. . i:\ M 1"Z-U-L Name'of idder AlooN POl vettL,/ tVE Street Address /! C~ru ~TJlJ107 oV he'- ~D . W[TN~ ~~ Q?O' 3 J:.DWA-~D F H-cc.MA-,u - 7-a 1= s { D,E" IV j Signature (Printed, Title) 7/2~JOY Dati I te 5-1 0(, 9' 5<3 G} Federal I.D. No. is,!- - CJS1-Q,CrJ'L Telephone / Fax No. ~ 6 tf - cr "5 7- cr 7f.e, (. STATE OF: F LCp..l PA COUNTY OF: ~~()uJA 1l.. D The foregoing instr ment was C{cknowledged before me this 2. ~ day of .r uL '1 2004, by . ItJ who is fll',1S t/1'1!) personally known to me or who has produced as identification and who did (did not) take an oath. ~: ~RY PUBL~~1fNA TURE ~~e/\~J\~0~ NOT ARY NAME, PRINTED, TYPED OR STAMPED ",\1111,/ S <,~~RY PIj.j'< tephpl:) Stmord ~:",/.:&\~~Commission # DD2086n ~ ~\,~/~ E Expires Ma -:.':<-......'.R".- B y 4, 2007 "" Of f\0,,' . onded Thru Itf/ll\\\t..r.a...nric Rondin ~r".w Commission Number: 5-4-- D? My Commission Expires: 14 CITY OF BOCA RA TON 12/18/06 Addition to Bid No. 2004-063 Page 1 of2 TO: Ed Holman, President, Hartzell Construction, Inc. In Care of: Bill Stecklow Fax # (954) 957-9766 and Bill's Fax# 482-9078, Tel # (954) 957-9762, Bill's mobile: 561-239-4711 FROM: Diane LoPrest, Buyer Tel: 561-393-7869, Fax: 561-393-7983 SUBJECT: Bid No. 2004-063, Paver Block Installation and Repairs RE: Quote for Additional Scope of Work Pursuant to specification #14 Contract Alterations of Bid No. 2004-063, the City reserves the right to obtain a quote for the following new scope of work. Therefore, please quote as described below and fax your response to Diane LoPresti (561) 393-7983 ASAP. Bill if you are responding on behalf of Mr. Holman, please furnish a letter from Mr. Holman which states that he has authorized you to conduct business on behalf of him and Hartzell Construction, Inc. Please contact me at (561) 393-7869 if you have any questions. Thank you for your cooperation. GENERAL SPECIFICATIONS FOR CONCRETE REPLACEMENT AND STAMPED CONCRETE: Contractor shall be required to include all necessary labor, tools, equipment, supervision, materials and/or permits, site safety and maintenance plan and all costs associated with properly executing a job. CONCRETE REPLACEMENT Unless material on site is deemed salvageable by the City, Contractor shall be expected to remove and dispose of existing surface and/or any other deleterious material where concrete replacement services are provided. The concrete sub-grade is to be compacted to 98% maximum density per AASHTO T -180. Where applicable, irrigation lines are to be capped, rerouted and repaired. Where applicable, irrigation lines that pass under the slab shall be sleeved with schedule 40 PVC sized to accommodate a minimum of 2 pipe sizes larger than the supply line contained. All sleeves shall be installed a minimum of 24 inches below finished grade. Any separations between the new concrete and existing sidewalks or other similar surfaces shall be filled by 1/2" expansion joint material. All other control and contraction joints shall match and mate with the joints in existing sidewalks or other similar surfaces. The concrete shall meet the most current edition of the State of Florida Department of Transportation Standard Specifications for Road and Bridge Construction. The City reserves the right to require additional conditions and concrete mixes depending on locations and traffic loads. The finished grades shall be set to match existing adjacent walkways. Concrete replacement for designated area shall be pitched to assure proper drainage. Pedestrian sidewalk areas shall be surfaced with a light broom finish, perpendicular to the direction of travel, to match adjacent concrete areas. All drawings and other submittals necessary to obtain construction permits shall be the responsibility of the Contractor. The Contractor must repair and restore any areas, facilities or utilities damaged when executing a job. Only if a designated area is established for Contractor's equipment, shall he be able to keep construction equipment and materials on site. If there is no designated area established for Contractor's equipment, Contractor shall remove such equipment and material on a daily basis. The contractor shall continuously maintain the site free from debris and trash. All debrisltrash shall be totally removed from the work area before the end of each work period. Temporary traffic control devices and procedures shall in placed in work zones be per the U.S. Department of Transportation Manual on Uniform Traffic Control Devices at work areas. STAMPING OF CONCRETE Following concrete replacement services referenced above, Contractor shall stamp concrete with a pattern that matches existing pattem and color of surrounding location. Where existing pattern and color does not exist in surrounding location, the City shall select from most common patterns and color choices made available by Contractor. In addition, if replacement of stamped concrete is to take place on owner property, and a matching pattern and/or color doesn't exist, Contractor must confirm with resident altemative choice. All terms, conditions, prices and specifications of Bid No. 2004-063 shall apply. CITY OF BOCA RA TON 12/18/0~ Addition to Bid No. 2004-0t Page 2 of2 The City intends to utilize the services added herein on an as needed basis throughout the contract period. Please provide hourly rate(s) and a mark up percentage on material in the spaces provided below. Pricina shall be consistent with existina orices of subiect bid. Submitted oooing is subiect to the review & aooroval bv the City. II CONCRETE REPLACEMENT AND STAMPED CONCRETE A. Labor Hour Rates: Labor rates shall include all travel expenses (auto and fuel) and any and all equipment and tools required. Billing time to start at jobsite. 1. Routine Services: For work performed during business hours, 8:00 a.m. - 5:00 p.m. Monday through Friday. a) Skilled Tradesman: Price Per Hour is: $.3 5 ' c$) 0 b) Non-Skilled Labor: Price Per Hour is: $ "2-.<:;2 ...s> 0 2. Emeraencv Services: For work performed within 48 hours, Monday through Friday, 5:01 p.m. to dusk and Saturdays, Sundays and Holidays. a) Skilled Tradesman: Price Per Hour is: $ 50. ~ 0 b) Non-Skilled Labor: Price Per Hour is: $ :) P . (:l 0 B. Parts and Materials: Provide a percentage mark up from cost for parts and materials. a) Percentage of Mark-Up from Cost for Parts & Materials t5 % COMPANY NAME:_H ARTZE-(_L ~j..J5Tt2U<..rl()JJ J/JC' DATE: - ADDRESS: 1~~ I !.J.W . ~ Gv~C ~ 5tJliEI;~~ATE:.1:LZIP: AUTHORIZ~~~J&;o f c ~ PRINTNAME:W;LLIIJ~~ EMAIL ADDRESS:.foc:...11--S-r.pcK.. (&? A-oL, ~ e>{M TELEPHONE NO.: S, (22:>9-47t/ FAX NO.: ~ l-tjf'L'-C'{Q76 4 -:5lf - Cj :;/~ c; 7" 2 9 s C( --. ? J~ 7-T'J' &;; Hartzell Construction, Inc. 2301 N.W. 33rd Court, Suite 12 Pompano Beach, FL 33069 December 19,2006 City of Boca Raton 201 West Palmetto Park Road Boca Raton, Florida 33432 Purchasing Department Attention: Diane LoPresti RE: Bid No. 2004-063 To whom it may concern: William Stecklow has the authority to bid, negotiate, sign bids, contracts and conduct business on behalf of Hartzell Construction, Inc. with the City of Boca Raton. ELL CONSTRUCTION, INC. Edward Holman President Main Fax Number (954) 957-9766 Main Phone Number (954) 957-9762 WSS Fax Number (561) 482-9078 WSS Cell Phone Number (561) 239-4711 SHERWIN - WILLIAMS, Paint Stores Group ISAAC MARTINEZ PC SALES REPRESENTATIVE March 11, 2008 Roof Painting by Hartzell 2301 NW 33rd Ct. Suite 12 Pompano Beach, Florida 33069 Attn: Bill Stecklow Re: City of Boynton Parking Garage The deck system that was chosen is considerably more expensive, including more steps and more gallons than a traditional concrete floor system. The average concrete floor does not need a primer, the reason for the primer, ArmorSeal Floor-Plex 7100 Primer, in this application is because the contractor will not be removing all of the previous urethane coating. The following step is the topcoat, SherCrete Flexible Waterproofer, this product has about a quarter of the spread rate of typical floor paint. This product is not only a paint with a non-skid aqqreqate, but it also waterproofs the concrete, yet still being water permeable. The final coat, SherCrete Urethane Topcoat, is the clear coat that plays the important role of allowing the service to withstand vehicular traffic. This system will include more steps, material, labor and a higher installation price, but will also have a better success rate than the average floor system. Sherwin-Williams offers a urethane vehicular system that bears a five year warranty, but will entail the complete removal of the original coating. The chosen system is an alternative that does not bear a warranty but will protect and help to extend the life of the concrete. Thank you once again for your confidence in The Sherwin-Williams Company. If I may be of any assistance in this or any other matter, I await your request. Respectfully yours, Isaac Martinez Professional Coatings Sales Representative The Sherwin-Williams Paint Company (954) 444-3742 isaacma rti nezOO@hotmail.com The Sherwin Williams Company Fort Lauderdale District ~ I ' I I I I J! I I I I I I " . ."I!' l 'I 'I "I I I I ' 'I I · I',! , I I I I j . ' " I , " I, I . , . . I , i,+, rT-;uT,-jT I --I--jiT-r!-- 'g.1 ' I 'I I I .1 I ,I", I 1., 'I I ii' I ~I ! 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I I " 'tree-'f, , ~ --;V " j ~~, r c;~ \:- 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 Date Final Form Must be Turned ill Meeting Dates in to City Clerk's Office Meeting Dates to City Clerk's Office IZl April IS, 2008 March 31,2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July 1, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June3,2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) NATURE OF AGENDA ITEM c-) C) n ::~ CO ::::;-< -r"l -:;: 0 rr1 ('J -" RECOMMENDA TIO N, Motion to .pprove the pu...h... of the T oro OSMAC RDR Irdgatlun Cuntrol syste~ r '" r'lO Package from Hector Turt in the amount of: $86,731.00 N 22-< ~,:o~~ :> c:.n~ EXPLANATION: (1) Our present system is twenty-four years old and is no longer supported by the manufaallreraS (2) Ftodd. State Porchasiag Ag.......nt #212-515-6341-06-1 with Weseo Turf Supply In.. p...,.;des for · 21 %'!!h.ooof; from MSRP for Toro Comm....I.1 Products. W. .r. heiug olf.red. SS% diseouut for Toro satellit. controO....~ 45% for Toro sprinkler heads from our local Toro Distributor, Hector Turf. (3) The proposed system is compitibl'ifln with our present system of hydr.ullc control tuhing .nd hydr.ullc.lly controll.d Irrig.tlon h..ds that w. pl.n to '" maintain. (4) This proposal provides for adjustable greens heads so that only putting surfaces are watered during extreme water shortages. o o IZl Consent Agenda o Code Compliance & Legal Settlements o Public Hearing Administrative o City Manager's Report o New Business o o o Legal Unfinished Business AnnouncementslPresentations PROGRAM IMP ACT: Irrigation is essential to the maintenance of the golf course. Turf will deteriorate along with playing conditions without proper irrigation. This will lead to lost revenues in a very competitive market. FISCAL IMPACT: $86,731.00 Account: 411-2910-572-63-15 GOLF COURSE IMPROVEMENTS AL TERNA TIVES: The system could be replaced one satellite at a time as they fail. We would not receive the package discount of55%. In addition, we are planning to resurface putting greens in the summer of 2009. We will need to have dependable control of our irrigation sysjem in order to assure the success of that project. ~ City Manager's Signature W~'- . Department Head's Signature ~OS?~ Department Name City A S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC Hector Turf 1301 NW 3rd Street Deerfield Beach, FL 33442 (800) 432-5512 For this required scope of work the Contract Price is: COMPLETE PACKAGE PRICING TORO IRRIGATION SYSTEM OSMAC RDR HYDRAULIC-THE LINKS @ BOYNTON BEACH Quote Valid Until August 1, 2008. Wire Prices Valid IJntil June 1,2008. Satellite Discount- 55% off List Price Sprinkler Head Discount - 45% off List Price I. TOTAL PROJECT $ 86,731.00 IRRIGA TION CENTRAL LIST Est. SELLING EXTENDED DESCRIPTION PRICE Qty. PRICE PRICE Toro Site Pro Control System w/Synergy Computer I yr. NSN ea. $ 37,43700 \ $ 16,900,00 $ \6,900.00 Radio Site Survey (includes FCC Radio License) ea. $ 1,500.00 \ $ 600.00 $ 600.00 Handheld Radio Motorola PR400 ea $ 990.00 3 $ 660.00 $ 1,98000 Radio Programming ea. $ ]40.00 3 $ 140.00 $ 420.00 Antenna ea. $ 500.00 1 $ 400.00 $ 400.00 Antenna Mast ea. $ 500.00 I $ 400.00 $ 400.00 Mast Standoff ea. $ \50.00 I $ 100.00 $ 10000 SA TELLITES RDRI6POINO ea. $ 4,673.00 3 $ 2,103.00 $ 6,309.00 RDR24PO INO ea. $ 5,493.00 12 $ 2,47200 $ 29,664.00 RDR32PO I NO ea. $ 6,3 I 7.00 2 $ 2,843.00 $ 5,68600 RDR40POINOea. $ 7,138,00 ] $ 3,213.00 $ 3,213.00 RDR48PO I NO ea. $ 7.960.00 I $ 3.582.00 $ 3.582.00 SPRINKLER HEADS DT55-01-58 Toro FullIPart Circle Hydraulic SprinkIer Head ea. $ 222.00 112 $ 122.00 $ 13,664.00 MISC. MA TERIAL #6 Bare Copper Wire If 2,500 $ 0,700 $ 1,750.00 8' x 5/8" Copper Ground Rod :a. 57 $ 19,00 $ 1,083.00 Cadweld Ground Connection J Shot 3 wire J 820037P :a. 57 $ 15.00 $ 855.00 Cadweld Battery Control Unit J 820040P :a. $ 200.00 ] $ 125.00 $ 125.00 january DEPARTMENT OF MANAGEMENT SERVICES "We serve those who serve Florida" JEB BUSH Governor Tom Lewis, Jr. Secretary Division of State Purchasing 4050 Esplanade Way Suite 360 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-414-6122 Internet: www.MyFlorida.com CERTIFICATION OF CONTRACT TITLE: Lawn Equipment STATE TERM CONTRACT NO.: 515-630-06-1 ITB NO.: 22-515-630-M EFFECTNE: May 17, 2006 through May 16,2009 SUPERSEDES: 515-630-03-1 CONTRACTORS: Wesco Turf Supply Inc. - Toro LCE Products (A) Sarlo Power Mowers, Inc. - Sarlo (A) Ariens Company - Gravely - Gravely (A) Florida Outdoor Equipment, Inc. - Scag (R) Kilpatrick Company - Jacobsen (Textron) (A) Wesco Turf Supply Inc. - Toro Proline Products (A) Live Oak Lawn Supply, Inc. - Grasshopper (R) Wesco Turf Supply Inc. - Toro Commercial Products (A) Florida Outdoor Equipment, Inc. - Echo (R) Florida Outdoor Equipment, Inc. - Billy Goat (R) Excel Industries - Hustler Turf (C) Dixie Chopper - Dixie Chopper (A) MTD Consumer Products Inc. - Cub Cadet Commercial; Cub Cadet 5000 & 6000 Series (A) John Deere Company - C&CE Division - John Deere (A) MTD Consumer Products Inc. - Cub Cadet 3000 Series Garden Tractors; Cub Cadet Log Splitters, 27 and 33 ton; Cub Cadet Z-Force Riders (A) Vermeer Southeast Sales & Service Inc. - Vermeer (A) Stihl Southeast, Inc. - Stihl (A) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Lawn Equipment, by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. Price Sheets - Wesco Turf Supply, Inc. (Taro) / Lawn Equipment I State Tenn Contracts I Stat... Page! or L. Rate this Contract View Su rvey Results Wesco Turf Supply, Inc. (Toro) Wesco Turf Supply, Inc. Lawn Equipment, ITB No. 212-515- 630-M Item THE TORO COMPANY aWesco DIscount Price Price No. Turf Supply % from Sheet 10 Sheet MSRP No. Effective Date 1 EQUIPMENT: (Describe 21% 1-Nov- Below) OS TORO COMMERCIAL PRODUCTS ACCESSORIES: 210J0 PARTS~ 00/0 2 EQUIPMENT: (Describe 31% 1-Nov- Below) 06 TORO LANDSCAPE CONTRACTOR EQUIPMENT (LeE) ACCESSORIES: 31CVo PARTS: 0% 3 EQUIPMENT: (Describe 23010 1-HoY- Below) 05 TORO PRO UNE PRODUCTS ACCESSORIES: ~ PARTS~ 00/0 4 EQUIPMENT: (Describe 210fe l-Nov-oS Below) TORO DINGO PRODUCTS ACCESSORIES: 210f0 PARTS: ~ 01/22/2008 http://dms.myflorida.comIbusiness_operatiooslstateyurchasinglvendor_informationlstate_contr...tn2l200S 1301 NW, THIRD STREET I DEERFIELD BEACH, FL 33442 TEL: (954) 429-3200. FAX: (954) 360-7657 May 10, 2007 To: All Golf Courses and Large Turf installations with Electro-Mechanical irrigation control systems SUBJECT: ELECTRO-MECHANICAL CONTROLLER SERVICE PARTS We have been advised that The Toro Company can no longer guarantee service parts for the following control systems. The manufacturing of old technology eventually becomes cost -prohibitive. VT CENTRALS CUSTOM II VT 4000 VISION I VTll ELECTRIC VISION II VTII HYDRAULIC MONITOR II VT ELECTRIC COMMERCIAL 8+/12+/16+/24+ VTII HHYDRAULIC VT SATELLITE VT12 ELECTRIC VT12 HYDRAULIC The list of electro-mechanical service parts is extensive, and in many cases we have inventories to last several years. However, there are some service parts that are already unavailable and others that have a very limited supply. In some instances, our Controller Repair Department will be able to provide refurbished service parts to support your needs. However for the same reasons above, the availability of refurbished parts from our repair department cannot be guaranteed. In light of this situation, we recommend that you take efforts to investigate more current controllers that we have available that will retrofit to your existing system. To help with this, our sales representative Wayne Deker will make himself available to help with product selection, pricing quotations, and financing options if needed. Wayne can be reached at 561-718-4122 or 954-429-3200. Sincerely, ~~q- John W. Goetz Vice President and Manager Irrigation Division F1U1 [J]J co...R3E IEPT FRX toll. 941 27B 5511 5epl. 18 2IIIJ7 111l:52R1 P2 ~:~ II Cfty at Fort Mr-ra Pun:hMlng DMaIon P.o. Box 2443 Fort Myers, FL 33802~ CDIl3324301 Paget/1 PURCHASE ORDER 0at1a:m 1 t::~..:~t JIIII1D . - _...- . .. - ~ - ~ DZ13I!I2 WEBCD ll.IRF!HC 2101 CANTU COURT SARASOTA. PL.SC2S2 .. tot FMCC GOLF OCUABE OPE;RATlCWS 3IlllOcecL JOHNS ROAD PORT NYeR9. fL33II01 CHInIlt JIar; --= 3II1WTwms ... "IlL D*; ....... ......- CIJ GIlINI" - ('I) c.p,. ............... QNIr..... -...... __: .-......:.-...-........4 a-w1llF I'l..~ ..... -- ~ a .....-I:'~. - ....- io: l!J'~...~ .;.....{: . u. r -...*~........,...... c flirt..,.. COl.IIIY QD. 8P-0450Wt8~~ c:aqIUIIr...,.....IaI~..~. 1MIuIIIa....~ ....... ~.II:lInIIIw'" ..... . -,- AA1~IJiIIINC.-In ---...... HMlMlMK PMCIIt 1_'-"'" .-a RDRMP01NDM . t-,RDR~inaf3 1 a.............. NO iIJdtI* IaUIIGn. IIIIIIIW" ~jND~ . - .ftDRC8MA.C~.1:a 1I11~""""'" NO ............ ....-.t ~........ RDR05MAClna13 II. 1S""~"NO ,....-~ ........ RDRi4IPD1ND 41 . ~ , ADR OBMAC_13 x 13 pIIIIIIc~ 1IIh NO ~~-~ -. -= G114S2 Nor" . ,... COlII!J:....GLIIDEN ....... r23'J--- 2.OC . 3MJIQOD :s2oU)I Il1O.IICDl 2,Cl7IU)ll 2.m.3IOIl f5,M4.12 2,8QI.-m 5,817.98 !.~~ 7.2IM.A 4Pl7..ll8C1O 36.163,54 1.aD - :&.DO _ 2.00 IlK 2JXl . QJJO . 1M.......... 1IIIIlJ................. Cllf ,. ~~... ....... .-I................ mI daM, .......................... .".................-. ...--........ _fl... -..- ~ -.....--............... Sl'KlVTAL TM IUJD I'lM Memo To: Dan Hager, Golf Operations Manager Eric Falstad, Assistant Superintendent Jeremey Davis, Crew Leader Senior From: Scott Wahlin, Golf Maintenance Manager Date: 2/11/08 Re: Irrigation Control System Comparison This is a comparison of what we have been considering in respect to the replacement of our irrigation control system. Rainbird and Toro are the two manufacturers that offer exceptional product support in this area. Without With greens Two sets of Two sets of heads heads greens heads greens heads H draulic H draulic H draulic Electric $86,937(1 ) $69,311 (2 Rainbird Toro $85,731 3 $103,595 4 $123,961(5) 1. The Rainbird System offers more features. This is the closest price point they offer that includes all of the comparable features of the quoted T oro System. This system includes the use of hvdraulic converters that the companv plans to stop makina. Their answer to this for future replacement is to use converters made by another manufacturer. 2. The purchase of this system would address the immediate need to replace our present control system. This would require no trenchina. 3. This would provide for the replacement of our present control svstem and replace our existina areens heads with adjustable heads. These could be made into half heads during droughts. This would require no trenchina. 4. This would provide for the replacement of our present control system and replace our existina areens head with adiustable inboard and outboard heads. This would require sianificant trenchina. 5. This would provide for the replacement of our present control system and replace our existing greens heads with adjustable inboard and outboard electric heads. This would provide for an electric svstem that is preferrable to the previously quoted hydraulic systems because wire breaks can be located and tubing breaks cannot. This would be the obvious choice if we were replacing the entire system. This would require significant trenching. Area OSMAC RDR Users from Atlantic Boulevard to Sebastian Inlet As of Februarv 25. 2008 Aberdeen Atlantis CC Ballenisles Banyan Bent Pine Cypress Creek Eastpointe CC Evergreen The Falls Golf & Racquet Club @ Eastpoint Gulf Stream High Ridge Hutchenson Island Marriot Jonathans Landing Old Trail Lake Worth CC Marina Lakes Monarch CC Palm Beach Gardens Municipal Palm Beach Par 3 Pantherwoods Sebastian Municipal St. Andrews Club St. Lucie West CC The Fox Club Westchester G&CC ~," $'C9' VI.-CONSENT AGENDA ITEM B.3. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 15,2008 March 31,2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) D July I, 2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19, 2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to approve Insituform Technologies of Jacksonville Florida to rehabilitate the City's wastewater gravity main lines for a total project cost of $1,498,534.72 plus a 5% contingency $74,926.74, for a total of: $1,573,461.46. ~...) EXPLANATION: The Utility Department received Commission approval to develop an extensive Infiltratiomand:--;::~ Inflow program. We have completed the first two inspection phases and are currently working on our thir~as';~-< The program is to identify structural deficiencies associated with the gravity lines and manholes, to reduce !peatm~)ij:; and maintenance costs and to operate an efficient wastewater system. After review of the reports from Pha@, wi:~~; have identified approximately 39,197 feet of pipe and 249 manholes to rehabilitate and the department is calling this:=: project "1&1 Program Phase I repairs". Due to the nature of the work; we will be working with two differeJ8 .:.;: contractors, one to perform the pipelining and one to do the manhole rehabilitation. -""'.. .:::- - , The department would like to piggyback the JEA contract bid #WCS -066-07 with Insituform Technologies..1or . ,J C') ....~ pipelining the wastewater gravity mains. The City has had great success with this method and with InsitufOl"fh iTl c:~) Technologies and would like to continue with this project. Insituform will clean the existing pipe, install the cured-ift:. place (CIPP) pipe liner and reconnect the laterals for a cost of $1,498,534.72. Attached is a spreadsheet outlining the individual line segment costs and the area where the work will take place as well as the JEA bid documents. PROGRAM IMPACT: The total project cost is $1,498,534.72 and is available by utilizing the piggybacking procurement process with an awarded contract. FISCAL IMPACT: The total project cost is $1,498,534.72. Funding is available in account #406-5000-590-65-04SWR 064 Pipeline Rehab. ALTERNATIVES: The trenchless technology methods being recommended are very cost effective, have the least impact on the many communities in our downtown area that will be affected by this project. The use of conventional excavation for this project is more expensive, not taking actions to rehabilitate the wastewater system will continue to result in an increase in treatment and maintenance costs and eventually serious system repairs including failures. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~ ~~~ City Manager's Signature Assistant to City Manager _ ~ C;tyAtt~~ ~._-~ TL/kb Attachments XC: Pete Mazzella Michael Low Barb Conboy Tony Lombardi Dan Spooner George Peck File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC .FROM : FAX NO. :9042804162 Mar. 21 2008 08:31AM P2 ~ Insitufonn 11:dUW/fJgie..f\; Inc. WOt'ICIwIde PlpelifIB Rehabilitation 116 Spanish Moss Lane Ponte Vedra Beach, FL 32082 Tel: (904) 237-3426 Toll Free: (800) G3~362 Fax: (904) 280-4162 www.im.ituform.com March 21, 2008 Mr. Tony Lombardi, Project Manager City of Boynton Beach 124 East Woolhright Rd. Boynton Beach, FL 33435 Rc: I & [ Project - Phase I Repairs Dear Tony. We are ple"sed to submit this proposal to reconstruct the 8"-24" sewer lines located in Boynton Beach using ..Cured-in-Place-Pipe" (CJPP). 'These prices are based on our 2007-08 Annual Contract with J EA. Please see attached spread sheet f(lr detailed prices. J9, 197 If 8"-24" CIPP $1,498,534.72 The terms and conditions governing this proposal are ao;; follows: ProPositi Inclusions: · CertifIcate of Insurance with standard coverage · Pre-installation video inspection recorded on CD · Standard cleaning of the existing pipe prior to installation · Post-installation video inspection recorded on CD · Standard one-year warranty · Actual field measurements will determine final invoice quantities ProDosal E:xclusioQs: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the exi::;ting pipeline · Permits · Dispo~1 site for debris removed during cleaning Please note that if any hazardous or toxie materials are encountered during the project, the Owner will be responsible for the removal and disposal of the material!> · Constructions access easements FROM F8X NO. :9042804162 Mar. 21 2008 08:318M P3 Proposal Terms: · Payment due within 30 days of completion of the project Partial monthly payments may be requested · Proposal valid for 45 days Limited Warranty IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY WARRANTIES, INCLUDING W ARRAN Tl ES OF MERCHANTAIUUTY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRACTOR AGREES TO CORRECT ANY DEFECT IN THE MATERIALS OR SERVICES PROVIDED BY THE CONTRACTOR WHICH ARE BROUGHT TO THE ATlENTION OF THE CONTRACTOR WITHIN ONE YEAR FOLLOWING COMPLETION OF CONTRACTOR'S WORK. PROVIDED OWNER AFFORDS CONTRACTOR SUIT ABLE ACCESS AND WORKING CONDITIONS TO ACCOMPLISH SUCH CORRECTION. Mutual Release oCeonlca.ential Damalles: Neither party shall be liable to the other for consequential damages relating to or arising out of the Contract. Prouosal Subiect to Ne2otiatioD of Other Standard Terms of A(!reement: This proposal is subject to agreement of the parties on other terms and conditions as are customary in contracts of this nature_ We appreciate the opportunity to quote on this project. If you have any questions, please call me. Sincerely, ZOi~S"NC Ted Hot.chkiss, Area ACCOunt Manager Owner Acceptance: Date: Please sign and return one copy of this proposal for our files or, if you prefer, a purchase order or subcontract for our execution. FROM FAX NO. :9042804152 Oct. 01 2007 02:48PM P2 ~ Insitufonn 'ftchnologies; 100 Worldwide pipeline 11611 Pl'tlllips HighWaY, South Rehabllit.tion Jacksonville. FL 32256 Tel: (904) 237-3426 Toll Free: (800) 633-8362 F8lC: (904l260~162 www.insituform.com October 1, 2007 Mr. Tony Lombardi, Project Manager City of Boynton Beach 124 East Woolbright Rd. Boynton Beach, FL 33435 Re: Piggyback Existing Insituform Technologies@, JEA Contract Dear Tony, Insituform Technologies, Inc. is pleased to offer our existing 2007-08 JEA Contract # WCS-066-07 for sanitary sewer lining in the City of Boynton Beach. All prices. terms and conditions as stated in the contract will exist between The City of Boynton Beach and Insituform Technologies@ Inc. We look forward to renewing our working relationship with the City of Boynton Beach. If you have any questions or need further information please call me at (904) 237~3426 &~~ Ted Hotchkiss Area Account Manager IN WITNESS WHEREOF, the parties hereto have duly executed this Contract, in duplicate, the day and year first above written. A TrEST: B~ N e: 0 e n n 5 m IT h T . Contractl" 0 !l n d .l\++..s.tln 9 OffIcer ATTEST: ~~~. Name: Title: '~ealher Bumett '~anager, Procuremenlliomracts INSITUFORM TECHNOLOGIES, INC. By ~<?!,p Name: H . U Q I esT horn a s Title:vp5 p"r":I'" Pl"nJA"'+" I hereby certify that the expenditure contemplated by the foregoing Amendment has been duly authorized, and provision has been made for payment of the monies provided therein to be paid. By:- t 1'... - &~ C ~., --1~ Di:-ector Budget Services Contract No. 82768 F~ -----Office of General Counsel f\ wlAAd. cJ...o:t.e.i / 12./ b -7 A--w~'* Z ~;~ ~2.rLP~ 53 INSfTUFOM"f l'ECHNOLOGlES, 1N'C. Assastant S.euetllry'S Certifkat~ The I.1ndersigTled, being the AS3istant Secretary of Insituform Technologies, lnc.. a Defawan~ corporation (l'11e "Corporation"). hereby certifies that: l. The tollowing is a true and correct t:;(.cerpt from the By-laws oftbe CorporatIon, Chief ue.cutiw! Officer Appoi:ntm.r!nts. The Chief E,'(ecutive Officer may frorn time to time appoint 3uch officers of operating divisions, and such contracting and attestmg 0 fficers, of the Corporation as the Chiet" E,'(ecutive Officer may deem proper. who shall hav~ such authority, ')Ubject to the i~ontrol of the Board, as the Chief E;<.~cutive Officer may tram time to time prescribe, 2. The Chiet" Ex.ecutive Officer and PresLdent of the Corporation has, pursuant to the abov'e 2uthoriry, duly appointed {a) H Douglas Thomas to the position of Vice Presldent Rc:habilitation - Proj"~ct Support and (b) Joann Smitb and Denise l. Carroll as Contraccing and Attc:sting OfFicer5 ot- the Corporation. Each .')f che roregoin5' hu.,te been fully authorized and empowered oy the Chief E;cecutive Officer of che Cnl'poracion. "(i) to certit'; and to ,lttest the ,,1gi1::J.t'..ir:; ;)[-a[iY officer or" the Co,porarioll.. (Iii co ~ntc:: i.ltt) ane to bi"ld che C>if!JoratiiJn co perf0ml pIpeline ;~habliltatlon >l.::ti'/ities of the Corp<X3.i:i'jfl ,lnd rlii ,11i:l.c::er'3 ;"::ai:,~11 ,:h\~r'~to. inr.{u,jing the maintenal"ce of one or mor~ office:3 a!,d facil-ii:les ,)fthe Corpor::ttiGn, ! I!;) to '=,'('=Cl_:.~ i:l.l~(~ to -.i~i: ver doc I.1n1~t1 ts un behal f of the CurporaI10r: rlnd i i 'I j (0 ta~..-: -.iUGh (idler .lct\~:.f'~ :lS IS ;J( rr:ay be net;~SSafy .1;1'1 appropnat,~ 1:0 carr/ 'Jut the p.-oJ'~cts, actllf 1 tIes ,-lnd work 0 [ the C orpomtil;11 ' J"I \,Ii[Tl'IES.3 WHEREI)b', I hav~ her~U;'lt,) ;ll'fi:(.=(~ mf ('lame J.;3 lI.,,,:.Wjtant :3ecr,~t2.fV i:hlS : j'hday ,)r' l:;"'-:bn.:.acy. :WOb ll1:3!-t:L:.fOiTn T;=chnoh)!~I\:::S'1 t~c .-- ,-- "r 8 y: 'oJl..f7 '-' f~Jr';('a';-(..I,'I,.,If.?-:;l-",-. r! 1/ Suta T,..:.ng'31rlpa ASslstani: Secr~t.ary r;, JEA PROCUREMENT DEPARTMENT 21 WEST CHURCH STREET JACKSONVILLE, FLORIDA 32202 Company Name and Address BID FORM Page ----1- of ~ Insttulorm TechnologIes, Inc. 175/88 Edison Avenue Chesferfteld, MO 6:3005 Invitation fer Bids No. WCS-066-07 Submit an original and !Yi2 copies in bid envelope to JEA Procuremant Dept, 21 W. Church St, Bid Seetlon, Tower Lobby, Suite 103, Jacksonvllle, FL 32202-3139. This bid will be opened at 2:00 p.m., 615/2007, In the 6t11lloor Conference Room, JEA Customer Center, 21 W. Church St, Jacksonville, FL 32202 Please use typewriter when submlllll'(l prices on bid form. FAX No: (6:56) 5:50-870 I EMAIL Address: N I ^ BID SECURITY REQUIREMENTS [ ] None required [X] Cartlftad Check or Bond $ 5 % TERM OF CONTRACT [ lOne 11me Purchase IX] Annual Requirements, three years with two one-year renewal options [ ] other, Specify SAMPLE REQUIREMENTS [] None required [ ] Samples required prior to Bid Opening f Xi SarnO/es mav be reaulred subseauent to Bid ODenlna QUANTITIES [l Quantities Indicated are exacting [Xl Quantities Indicated reflect the approximate quanlilies to be purchased throughout the inlllal year Contract period and are sublect to fluctuation In accordance wllh actual reQuiremants. Quote the fellowlna materials F.O.B.: Jecksonvllle, FL .;m No. ENTER HEREON YOUR BID FOR THE FOLLOWING DESCRIBED ARTICLES OR SERVICES SEC'T'ION 255.05. FLORIDA STATUTES CONTRACT BOND [ ] None required IX] Bond required $ 2,000.000.00 _% Of Bid Awartl [ 1 [Xl INSURANCE REQUIREMENTS None required Insurance required QUANTITY UNIT PRICE TOTAL Cured In Placa Ploe ICIPPl Unll Price Construction TOTAL (from Bid Form Page 5) nla nla $1,674,898.19 I .-:' Bldde~s Certificatlon By sIgning this bid form, the bidder agrees to follow, comply, and be bound by all Terms & Conditions contained in this IFB: We have received addenda _ through _ ~~ I ~ I :'1 '" , " ,". 't, " .I I" h e 5, -,. 200 7 Dale VP Soec.lalProlecTs TIUe ""(~j6) 5'0-8000 Phone No. ,-eel In Place Pipe (CIPP) Unit Price Construc:tlon Page 19 of n FROM FRX NO. :9042804152 Apr. 03 2008 11:47AM P2 'If IMIfIdonn . WI ~Inc ~ Pipeline RohebR/tIltion 116 SpanIM Mol. lane Ponte Veltra aeacn, I"L 320152 Tel: (964) 237--30428 Toll Free; (800) 83308362 Fill(: (904) 28G-4162 www.in$llulorrn.com April 3.2008 Mr. Tony Lombardi, Project Manager City of Boynton Beacft 124 East Woolbright Rd. Boynton Beach. FL 33435 Re: JEA Contract '.- General Conditions Dear T(my. The General Conditions 1.5% charge in our JEA contract covers traffic conlrol and site restoration costs for all sewer lines located in the I&T Phase I repair project. Sincerely. ;W:Otli~~C' Tod Hotchkiss. 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Price 1 6.9.6 0 LS Testing Allowance $ 25,000,00 $ - Furnish and install 8" CIPP lining, 6 mm 2 961.1 LF thick $ 26.80 $ - MM Add for each 1.5 mm difference from 6.0 mm thick 2A 0 THICKER for 8" CIPP @ ($1.50 per 1.5 mm change) $ 2,00 $ - 961.1 I Furnish and install 10" CIPP lining 6.0 mm 3 LF thick $ 31.20 $ - MM Add for each 1.5 mm difference from 6.0 mm thick 3A 0 THICKER for 10" CIPP @ ($1.90 per 1.5 mm change) $ 2.00 $ - Furnish and install 12" CIPP lining, 6.0 mm 4 961.1 LF thick $ 32.70 $ - MM Add for each 1.5 mm difference from 6.0 mm thick 4A 0 THICKER for 12" CIPP @ ($2.20per 1.5 mm change) $ 2.50 $ - Furnish and install 15" CIPP lining, 7.5 mm 5 961.1 LF thick $ 42.50 $ - MM Add for each 1.5 mm difference from 7.5 mm thick 5A 0 THICKER for 15" CIPP @ ($2.80per 1.5 mm change) $ 3.00 $ - Furnish and install 16" CIPP lining, 7.5 mm 6 961.1 0 LF thick $ 47.90 $ - MM Add for each 1.5 mm difference from 7.5 mm thick 6A 0 THICKER for 16" CIPP@ ($2.40 per 1.5 mm change) $ 3.00 $ - Furnish and install 18" CIPP lining, 9.0 mm 7 961.1 0 LF thick $ 46.90 $ - MM Add for each 1.5 mm difference from 9.0 mm thick 7A 0 THICKER for 18" CIPP@ ($4.50 per 1.5 mm change) $ 4.50 $ - Furnish and install 20" CIPP lining, 9.0 8 961.2 LF mm thick $ 59.20 $ - MM Add for each 1.5 mm difference from 9.0 mm thick 8A 0 THICKER for 20" CIPP @ ($4.90 per 1.5 mm change) $ 5.00 $ - Furnish and install 21" CIPP lining, 9.0 mm 9 961.2 0 LF thick $ 61.80 $ - MM Add for each 1.5 mm difference from 9.0 mm thick 9A 0 THICKER for 21" CIPP @($5.00 per 1.5 mm change) $ 5.50 $ - Furnish and install 24" CIPP lining, 9.0 mm 10 961.2 LF thick $ 61.50 $ - MM Add for each 1.5 mm difference from 9.0 mm thick 10A 1 THICKER for 24" CIPP @($6.00 per 1.5 mm change) $ 6.00 $ - Furnish and install 30" CIPP lining, 12.0 11 961.2 0 LF mm thick $ 94,10 $ - MM Add for each 1.5 mm difference from 12.0 mm thick 11A 0 THICKER for 30" CIPP @ ($6.00 per 1.5 mm change) $ 7.00 $ - Furnish and install 36" CIPP lining, 13.5 12 961.2 LF mm thick $ 117.90 $ - MM Add for each 1.5 mm difference from 13.5 mm thick 12A 0 THICKER for 36" CIPP @ ($5.50 per 1.5 mm change) $ 8.00 $ - Furnish and install 42" CIPP lining, 13.5 13 961.2 0 LF mm thick $ 126.10 $ - MM Add for each 1.5 mm difference from 13.5 mm thick 13A 0 THICKER for 42" CIPP @ ($6.40 per 1.5 mm change) $ 8.00 $ - Furnish and install 48" CIPP lining, 15.0 14 961.2 0 LF mm thick $ 173.40 $ MM Add for each 1.5 mm difference from 15.0 mm thick 14A 0 THICKER for 48" CIPP @ ($16.60 per 1.5 mm change) $ 15.00 $ - 961.21 Furnish and install 54" CIPP lining, 21.0 15 0 LF mm thick $ 238.60 $ - 3/18/2008 page 1 of 4 'l TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 . PA#: $ - 'Item Spec I SC Est. Units Description Unit Prices Total No. No. No. Qty. Price MM Add for each 1.5 mm difference from 21.0 mm thick 15A THICKER for 54" CIPP @ ($18.90 per 1.5 mm change) $ 20.00 $ . Pipe Bursting 3" - 4" Service Lateral to 4.5" OD SDR 19, HDPE (0' - 4' Deep) 3" - 8" Sewer Service lateral to 4.5", 6.625", 9.05" OD SDR 19, HDPE or 6" or 8" PVC SDR35 16 931 0 LF Conforming to ASTM D3034-74 (All Depths) $ 36.00 $ . Adjust/Reset Manhole Frame and 32" Dia 22 966 0 EA Cover, Up to One Foot $ 690.00 $ . Adjust/Reset Manhole Frame and 32" Dia 23 962 0 VF Cover, (Item 23), Excess Over Foot $ 186.00 $ . Lateral Connection (DFW Flexible Saddle to 32 963.1 0 EA PVC) @ 8" - 12" HDPE, (0' - 4' Deep) $ 860.00 $ - Lateral Connection (DFW Flexible Saddle to 33 963.1 0 EA PVC) @ 8" -12" HDPE, (4' - 8' Deep) $ 1,065.00 $ . Lateral Connection (DFW Flexible Saddle to 34 963.1 0 EA PVC) @ 8" -12" HDPE, (8' -12' Deep) $ 1,330.00 $ . Lateral Connection (DFW Flexible Saddle to 35 963.1 0 EA PVC) @ 8" - 12" HDPE, (12' - 16' Deep) $ 1,600.00 $ - Lateral Connection (DFW Flexible Saddle to 36 963.2 0 EA HDPE) @ 8" - 12" HDPE, (0' - 4' Deep) $ 855.00 $ . Lateral Connection (DFW Flexible Saddle to 37 963.2 0 EA HDPE) @ 8" - 12" HDPE, (4' - 8' Deep) $ 1,065.00 $ . Lateral Connection (DFW Flexible Saddle to 38 963.2 0 EA HDPE) @ 8" - 12" HDPE, (8' - 12' Deep) $ 1,330.00 $ . Lateral Connection (DFW Flexible Saddle to 39 963.2 0 EA HDPE) @ 8" -12" HDPE, (12' -16' Deep) $ 1,600.00 $ . Reconnect existing services using robotic 44 963.4 0 EA internal cutter $ 175.00 $ - 45 963.5 EA Hammer Tap Removal $ 210.00 $ . Lateral Connection Deemed Inactive (0' - 4' 46 964 0 EA Deep) $ 760.00 $ - Lateral Connection Deemed Inactive (4' - 8' 47 964 0 EA Deep) $ 1,065.00 $ - Lateral Connection Deemed Inactive (8' - 12' 48 964 0 EA Deep) $ 1,220.00 $ . Lateral Connection Deemed Inactive (12'-16' 49 964 0 EA Deep) $ 1,540.00 $ - 50 965 0 LF CCTV and Light Clean 8" - 21" Dia pipe $ 3.50 $ - 51 965 LF CCTV and Light Clean 24" - 54" Dia pipe $ 8.50 $ - 52 965.1 LF Tuberculation Removal 8" - 12" Diameter $ 20,00 $ - 53 965.1 0 LF Tuberculation Removal 14" - 18" Diameter $ 25,00 $ . 54 965.1 LF Tuberculation Removal 20" - 24" Diameter $ 31.00 $ . 55 965.1 LF Tuberculation Removal 27" - 42" Diameter $ 35.00 $ - 56 966 LF Bypass Pumping. 18" - 21" pipe $ 18.50 $ - 59 966 LF Bypass Pumping - 24" - 36" pipe $ 56.00 $ - 62 966 0 LF Bypass Pumping. 42" - 54" pipe $ 95.00 $ - 68 408-4 0 CY A-3 Soil Backfill $ 18.20 $ - 69 408-8 0 CY Flowable Fill $ 121.10 $ - 70 427.1 0 EA Type "A" Manhole 0' - 4' Deep $ 2,625.00 $ . I 71 427.1 0 EA Tyoe "A" Manhole 4' - 6' Deep $ 3,190.00 $ - I 72 427.1 0 EA Type "A" Manhole 6' - 8' Deep $ 3,930.00 $ - 3/18/2008 page 2 of 4 TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 I PA#: $ - V Item Spec SC Est. Units Description Unit Prices Total No. No. No. Qty. Price 73 427.1 0 EA Type "A" Manhole 8' -10' Dee:)) $ 4,880.00 $ - 74 427.1 0 EA Type "B" Manhole 0' - 4' Deep $ 3,630,00 $ - 75 427.1 0 EA Type "B" Manhole 4' - 6' Deep $ 4,675.00 $ . 76 427.1 0 EA Type "B" Manhole 6' - 8' Deep $ 5,525.00 $ - 77 427.1 0 EA Type "B" Manhole 8' - 10' Deep) $ 6,160,00 $ - Connection to Existing Manhole 6" Service 94 427.4 0 EA Lateral $ 160.00 $ . 95 428.1 0 LF Sewer Piping 6" - 12", PVC (0' - 4' Deep) $ 81.00 $ - 96 428.1 0 LF Sewer Pipinq 6" -12", PVC (4' - 8' Deep) $ 106.00 $ . 97 428.1 LF Sewer Piping 6" - 12", PVC (8' -12' Deep) $ 133,00 $ - 98 428.1 0 LF Sewer Piping 6" - 12", PVC (12' - 16' Deep) $ 186.00 $ - 99 428.1 0 LF Sewer Pipinq 14" - 18", PVC O'-4'Deep $ 101.00 $ - 100 428.1 0 LF Sewer Pipinq 14" - 18", PVC 4' - 8' Deep $ 133,00 $ - 101 428.1 0 LF Sewer Piping 14" -18", PVC 8'-12' Deep) $ 192,00 $ - 102 428.1 0 LF Sewer Pipinq 14" -18", PVC (12' - 16' Deep) $ 230.00 $ - Remove & Replace 6" - 12" PVC (0' - 4' 103 428.2 0 EA Deep) $ 1,510.00 $ - Remove & Replace 6" - 12" PVC (4' - 8' 104 428.2 0 EA Deep) $ 1,910.00 $ - Remove & Replace 6" - 12" PVC (8' - 12' 105 428.2 EA Deep) $ 2,440,00 $ - Remove & Replace 6" -12" PVC (12' - 16' 106 428.2 0 EA Deep) $ 2,975.00 $ - Remove & Replace 14" - 18" PVC (0' - 4' 107 428.2 0 EA Deep) $ 1,510,00 $ - Remove & Replace 14" - 18" PVC (4' - 8' 108 428.2 0 EA Deep) $ 1,910.00 $ - Remove & Replace 14" - 18" PVC (8' - 12' 109 428.2 0 EA Deep) $ 2,440.00 $ - Remove & Replace 14" -18" PVC (12' -16' 110 428.2 0 EA Deep) $ 3,080,00 $ - Remove and Replace Lateral 6" PVC SDR35 111 428.4 0 LF Conforminq to ASTM D3034-74 (0' - 4' Deep) $ 38,00 $ - Remove and Replace Lateral 6" PVC SDR35 112 428.4 0 LF Conforminq to ASTM 03034-74 (4' - 8' Deep) $ 45.00 $ - Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM 03034-74 (8' - 12' 113 428.4 0 LF Deep) $ 66.00 $ - Remove and Replace Lateral 6" PVC SDR35 Conforming to ASTM 03034-74 (12' - 16' 114 428.4 0 LF Deep) $ 83.00 $ - 115 428.6 0 LF Yard Piping - 4" $ 35,00 $ - 116 428.6 0 LF Yard Piping - 6" $ 38.00 $ - 117 441-1 0 SY Soddinq $ 8,00 $ - Paving Removal $ Repair - Cross Cut & Patch COJ Standard Case X Permanent 127 490-1 0 SY Pavement Replacement $ 65.00 $ - Remove and Replace Sidewalk (All Types & 136 491-1 0 SY Thickness) $ 82.50 $ - 3/18/2008 page 3 of 4 -' TASK SUMMARY I PRICING ESTIMATE - CIPP UNIT PRICE CONTRACT - 2007 " PA#: $ . litem Spec SC Est. Units Description Unit Prices Total No. No. No. Qty. Price Remove and Replace Driveway (All Types & 137 491-2 0 SY Thickness) $ 85.50 $ . Remove and Replace Curb & Gutter (All 138 491-3 0 LF Types & Thickness) $ 22.00 $ . 140 6.12.5 LS Suoolemental Work Authorization (SWA) $100,000,00 $ . 7.3.16 Percent General Conditions 1.50% . ESTIMATED TOTAL COST: $ - ... 3/18/2008 page 4 of 4 Item Spec SC Est. Units DescrlDtion UNIT TOTAL Unit NO. NO. QTY PRICE PRICE 1 6.9.6 1 LS Tesllnt! Allowance 125.00Q.00 125.000.00 96U Furnish and Install S. CIPP lining, 6.0 $26.80 t 107,200.00 2 4000 LF mm thIck , Fumish and Inslall1 O' CIF'P lining 6.0 $31.20 62,400.00 I 3 961.1 2000 LF mm lhlck . $ I i , FurnIsh and Instal11Z" CIF'P lining, 6.0 $32.70 65,400.00 I 4 961.1 2000 LF rnm thick $ i -, i I Furnish and Install 15. CIPP lining, 7.5 $42.50 42,500.00 1 5 961.1 1000 LF mm thick $ 1 Furnish and Install 16. CIPP lining, 7.5 $47.90 $ 23,950.00 6 961.1 500 LF mm thick i Furnish and Ins1a1l18' CIPP lining, 9.0 $46.90 $ 93',800.00 i 7 961.1 2000 LF mm thick LF Fumrsh and install 20' CIPF' lining, 9.0 $59.20 29,600.00 8 961.2 500 mm thick $ Furnish and Install 21. CIPF' lining, 9.0 $61 .80 30,900.00 9 961.2, ' 500 LF mm thick $ Furnish and Install 24' CIPP Unlng, 9.0 $61, .50 61 ,500.00 I 10 961.2 1000 LF mm thick $ i I Fumlsh and Instan 30' CIPP lining, 12.0 $94.1 0 47,050.00 i 11 961.2 500 ' LF mm thick $ -1 . Fumlsh and Install 36' CIPP Irnlng, 13.5 $117.90 58,950.00 : 12 961.2 500 LF mm thick $ I Furnish and Instalr 42. CIPP "rung, 13.5 $12Ei.10 63,050.00 I 13 961.2 500 LF mm thick $' I i Fumlsh and install 48. CIPP lining, 15.0 $173.40 86,700.00 I 14 981.2 500 LF mm thick $ 961.2 FumIsh and Install 54: CIPP lining, 21.0 $238.60 Ii 119,300.00 i 15 500 LF mm thick Pipe Bursting 3" . 4" Service Lateral to I , 4.5" 00 SDR 19, HOPE (0' - 4' Deep) I 3. - S. Sewer Service Lateral to 4.5", I 6.625", e.05' 00 SOR 19, HOPE or e' or 8. PVC SDR35 ConformIng to ASTM $36.00 1,800.00 i 16 931 50 LF 03034-74 (All Deaths) $ 1 Adjust/Resel Manhole Framll and 32. $690.00 Ii 690.00 t 22 966 1 EA Dla CovB,r U" to One Foot .1 AdjusllReset Manhole Frame and 32' $186.00 186,.00 23 982 1 VF Ole Cover litem 231, Excess Over Foot Ii I Lateral Connection (DFW Flexible Saddl:D~ PVC) @ 8" - 12' HOPE, (0'- $860.00 $ 8,600.00 32 963.1 10 EA 4'Dee Cured in Place Pipe COPP) Unit PrIce Constructlon Page 20 of n Lataral Connection (DFW Flexible Sa~dl. to PVC) @ 8" - 12. HOPE, (4'- $1.065 :00 10,650.00 33 963.1 10 EA S' DeeD I $ Lateral ConnecUon (DFW Flexible Sadelle to PVC) @8.-12" HOPE, (S'_. $1.330.00 13.300.\)0 34 963,1 10 EA 12' Deel'll $ Lateral Connection (OFW Flexible S.ddle to PVC) @ 8"" -12" HOPE, (12' $1.600.00 16,000.00 35 963.1 10 EA -1e' DeeDl ' $ Lateral ConnecUon (OFW Fleltlble S.delle 10 HOPE) @ 8. -12. HOPE, (0' $855.00 8 .550 ..00 36 963.2 10 EA -4' DeeD! , $ L.tlll'l1l Connection (DFW Flexible Saddle 10 HOPE)@ S. -12. HOPE, (4' $1,065.00 10 .650'.ClO. 37 963.2 10 EA - 8' Deel'll $ Latel'lll Connection (OFW Flexible --- Saddle to HOPE) @ 8. -12. HOPE, (8' $1.330.00 13.30~.00 3S 963.2 10 EA -12' OeeDi . S Lateral Conn.cUen (DFW Flulble Saddle to HOPE) G S' -12" HOPE, (12' ,$1,600.00 16.000.00 39 963 10 EA -16' DeeD I ' $ R.connect existing services using $175.00 8.750.00 44 963.3 SO EA robotic inlernal cutter $ 45 963.4 25 EA Hammer TaD Removal $210.00 $ 5,250.00 Lateral ~nnectlon Deemed Inactive (0' $760.00 ' s . 3.800.00 415 964 5 EA - 4' Dee Lateral ConnectIon Deemed Inactive (4' $1,065.00 5.325.00 47 964 5 EA - S' DeeDI . $ Lateral C:D~n.clIon Deemed Inactive {S' $1.220,00 6.100.00 48 964 5 EA -12' Dee . S Lateral Connactlon D~emed Inactive $1,540.00 7.700.00 49 984 5 EA 112'-1S' OeeDI $ 50 965 1000 LF CCTV and U"ht Clean 8' - 21. Ola nl"e $3.50 $ 3_500.00 CCTV and Light Clean 24. -54' 01. 51 985 1000 LF "IDe' . $8.50 $ 8 500.00 Tuberculation Removal 8. -12. $20.00 52 965.1 200 LF Diameter S 4.000.00 Tubereulallon Removal 14. - 1S. $25.00 53 985.1. 200 'LF Diameter $ 5 000.00 TuberoulaUon Removal 20' - 24. Ii' 54 965.1 200 LF DIameter $31 .00 $ 6.200.00 Tuberculation Removal Z7" ~ 42' $35.00 7.0'00.00 55 985.1 200 LF Diameter $ 56 966 1000 LF BVOS58 Pumol~o -18.-21.DID8 $18.50 $ 18.500.00 59 966 500 LF Bvosss PumDlno - 24".36. DIDe '$56.00 S 28 000.00 62 966 500 LF Bvoass Pumolno . 42"-54. Dfoe $95.00 $ 47.500.00 68 408-4 100 CY A.3 Soli Backllll $1'8.20 $ 1.820',00 69 408-8 1000 CY Flowable FIll $121.10 $ 121 100.00 70 427.1 1 EA Tvee "A. Manhole fO' - 4' Oeeol $2.625.0C $ 2,625.00 71 427.1 1 'EA Tvoe .A. Manhole f4' - 6' DeeDI $3,190.0C $ 3.190.00 72 427.1 1 EA TVDe .A. Manhole f8' - S' Oee,,1 $3 ,930. OC $ 3,930.00 73 427;1 1 EA Tvoe .A. Manhole f8' -10' Oeeol $4.8BO..oC $ 4,880.00 74 427.1 1 EA Tvee "6. Manhole fO' - 4' Desol $3.630.DC $ 3.630.00 Cured In Place Pipe (OP?) Unit Price Censtructlon Page 2.1 of n 75 421,1 1 EA TVDe .S. Mannole 14' - 6' Deeo) b4,675.00 S 4,675.00 76 421.1 1 EA TVDe .S. Manhole (S' - 6' Deeo) ~5,525.00 S 5,525.00 77 427.1 1 EA TIlDe .S' Manhole 18' - 10' DeeD) 1$6 160.00 S 6,160.00 , Conn.cUen to existing Manhole "6. $160;00 1;600.00 84 427.4 10 EA Service Lateral S Sewer Piping e. - 12., PVC (0' - 4' 95 428.1 25 LF DeeDI !liR1 .nn S 2 025.00 Sewer PIping e. -12", PVC (4' - 8' $106.00 2,650,00 96 428.1 25 LF DeeDI $ se::- Piping 6" -12., PVC (8' , 12' 3 325.00 97 428.1 25 LF Dee $133.00 $ Sewer Piping S' '7 12", PVC (12' - 1S' $186.00 4,650.00 88 428.1 25 LF DeeDI $ Sewer Piping 14. -18., PVC (0' - 4' $101.00 1 ,01 0 . 00 99 428.1 10 "LF DeeD) $ " Sew'!r PipIng 14"-18", PVC (4' - 8' $'133.00 1,330.00 100 428.1 10 LF Oeeo\ $ Sewer Piping 14. -' 18", PVC (8' - 12' 101 428.1 10 LF Delli)) $192.00 $ 1,920.00 Sewer Pfplr1g 14. -18., PVC (12' - 16' 5230.00 2,300.00 102 428.1 10 LF DeeD) " $ : Remove & Replace S. - 12. PVC (0' _ 4' $1,510.00 7,550.00 103 428.2 5 EA Deeo) $ Remove &,Replace 6" -12' PVC (4' -8' $1,910.00 9,550.00 104 428.2 5 EA DeeD) $ Ramove & Replace 6' -12. PVC (IY- $2,440.00 12,200.00 105 42B.2 5 EA 12' DeeD) ." $ Remove & Replace 6' - 12' PVC (12'- $2,975.00 14,875.00 106 42B.2 5 EA 18' DeeD I $ Remove & Replace 14. - 18' PVC (0' . $1, ,510 .00 7,550,00 i 107 428.2 5 EA 4' Deep) $ Remove & Replace 14. - 1B~ PVC (4' - $1 ,910.00 ,9,550.00 10B 428.2 5 EA 8' DeeD) $ Remove & Replace 14. -1S. PVC (8'- $2,440.00 12,200~00 108 428.2 5 EA 12' Deeol , $ ~ Remove & Replace 14. -16" PVC (12' $3,080.00 15,400,00 i 110 428.2 5 EA 18' Dsep) $ Remove and Replace La18ral 6' PVC SOR35 Conforming to ASTM 03034-74 $38.00 3,800.00 111 428.4 100 LF ro' - 4' DeeDI $ , Remove and Replace Lateral S. PVC $45.00 4,500.00 SCR35 Conforming to ASTM D3034-74 112 428.4 100 LF 14' - S' Deeol $ I Remove and Replace Lateral 6' PVC $66.00 6,600.00 I I SOR35 ConformIng to ASTM 03034-74 I 113 428.4 100 LF (B' -12' Deep) " $ Cured in Place Pipe (GPP) Unit Price Construction Page 22 of n Remove and Replace Lateral S. PVC SDR35 Confonnlng Ie ASTM 03034-74 $83.00 8,300.00 114 428.4 100 LF (12' -16' DeeD I . . S 115 428.6 25 LF Yard PlIllno - 4. $35.00 C 875.00 118 428.6' 25 LF' Yard PIDlno - e. $38.00 S 950.00 . 117 441-1 1000 SY Soddlna S 8.00. S8 000.00 Palling Removal & Repair - Cross Cut & Patch .COJ Slandard Ca&ll X 127 490-1 750 SY Pennanent Pavement Reolacement $85.00 $48,750.00 Remove and Replace Sldewallc (All 13S 491-1 100 SY TVDell & Thickness) $82.50 $8 250.00 Remov~ and Replace Driveway (All 137 49~-2 100 SY Tvees & 1'hlcknessl . $85.50 $8 550.00 , , Remove and Replace Curb & Gutter (An 138 491-3 100 LF Tvees & Thickness) . $22.00 $2 200.00 Supplemental Work Authorization 100,000.0 140 6.12.5 1 LS iSWAI . 1100 000.00 SUBTOTAL $ 1,650,146.00 7.3,16 General Conditions (Max 5% of Total Bid) $' 24,752.19 . TOTAL BID (Subtotal DIus General CODditio~s) $ 1 ,674,898.19 '" Cured in Place Pipe (OPP) Unit Price Con5buction Page 23 of n . . BID FORM - CIPP TIDCKNESS ADD I IDEDUCn For each dlameter.CIPP. JEA has selected a standard thIckness and will be the only material evaluated. Additionally, lhe Contractor shall submit an add I deduct cost In the below table for 1.5 mm incremental changes in thickness. These will not be evaluated, but shall be implemented during the execution of the Contract Units Descriotion UNIT PRICE i 1 MM THICKER Add for each 1.5 mm difference from 6.0 I i mm tfUel< for 8" crpp . $ 2.00 I MM THICKER Add for each 1.5 mm difference from 6.0 I mm thick for 10. CJ?? $ 2.00 MM THICKER Add fer each 1.5 mm difference from 8.0 mm thIck rer 12. CIPP $ 2.50 MM THICKER Add for each 1.5 mm dIfference from 7.5 mm lhlck rer 1S' CJPP $ 3.00 MM THICKER Add for each 1.5 mm difference from 7.5 mm thick rer 16' CI?P $ 3.00 MM THICKER Add rer each 1.5 mm difference from 9.0 mm thick rer 18. CfPP " $ 4-,50 MM THICKER Add for each 1.5 mm difference from 9.0 mm thick for 20. ClP? $ 5.00 MM THICKER Add rer each 1.5 mm difference from 9.0 mm thick for 21. CIPP $ 5.50 MM THICKER Add rer each 1.5 mm difference from 9.0 i mm thick for 24' crpp $ 6.00 MM THICKER Add rer each 1.5 mm difference from 12.0 I mm thick for 30' CIPP. $ 7.00 I MM THICKER Add rer each 1.5 mm difference from 13.5 I I mm thick for 36' CIP? $ 8.00 I MM THICKER Add for each 1.5 mm difference from 13.5 8.0B' I mm thIck for 42' CI?? $ MM THICKER Add for each 1.5 mm dIfference from 15.0 I mm thick for 48," CIPP $ 15.00 i MM THICKER Add for each 1.5 mm difference from 21.0 I mm Ihlck for 54" ClPP $ 20.00 I MM THICKER Add for each 1.5 mm difference from 6.0 I mm thIck for 8. CIPP $ 2.00 MM THICKER Add for each 1.5 mm difference from 6.0 I . mm thick for'1 O. CIPP $ 2.00 Cured In Place Pipe (CIPP) UnIt Price Construction Page 24 of 77 Contract for Cured in Place Pipe (CIPP) Unit Price Construction Between .lEA and Insituform Technologies, Inc. JEA CONTRACT NUMBER: 82768 @COPy .:~... 1 1.1. AGREEMENT [JEA-533] 1.1. AGREEMENT [JEA-530] *** This Contract is made as of August 1, 2007 (the "Effective Date") between JEA, a body politic and corporate existing under the Laws of the State of Florida ("JEA") and Insituform Technologies, Inc., a corporation existing under the laws of Delaware ("Company" or "Contractor") 1.2. RECITALS [JEA-534) 1.2.1. RECITALS [JEA-531] JEA desires the following Work be performed and Contractor desires to provide the Work. For purposes of this Contract, "Work" means the supply of labor, necessary equipment, and installation for trenchless rehabilitation to the gravity sewer system through the Cured in Place Pipe (CIPP) Unit Price Construction method as further specified in Exhibit A, which is incorporated herein by reference. This Work will be perfonned throughout the JEA service area. Therefore, 1.3. CONSIDERATION [JEA-535] 1.3.1. CONSIDERATION [JEA-532] *** For the value received, the parties agree the Company will, at its own cost and expense, do the Work required to be done and furnish the materials required to be furnished on said Work in accordance with the Contract Documents, award therefore, now on file in the Office of the Chief Purchasing Officer of JEA, all of which are hereby specifically made a part hereof by reference to the same extent as if fully set out herein the total sum of Nine.MiIlion and 00/100 Dollars ($9,000,000.00) ("Maximum Indebtedness") at and for the prices and on the terms contained in the Contract Documents and as specified in Exhibit B, which is incorporated herein by reference. 1.4. SECTION TITLE: DEFINITIONS [JEA-511] 1.4.1. Definitions [JEA-C457) Words and terms defined in this section shall have the same meaning throughout all parts of the Contract Documents. Where intended to convey the meaning consistent with that set forth in its definition, a defined word or term is marked by initial capitalization. The "Technical Specifications" part may defme additional words and terms where necessary to clarify the Work. Unless otherwise stated in the Contract Documents, defmitions set forth in the "Technical Specifications" shall apply only within the "Technical Specifications. " 1.4.2. Definition: Acceptance [JEA-C221] JEA's written recognition by the Contract Administrator that all Work as specified in the Contract has been completed to JEA's reasonable satisfaction and in accordance with the Contract Documents. Approval or recognition of the Company meeting a Milestone or interim step does not constitute Acceptance of that portion of Work. Acceptance is only applicable to the entirety of Work as specified in the Contract. 2 Acceptance does not in anyway limit JEA's rights under the Contract or applicable laws, rules and regulations. 1.4.3. Definition: Addendum/Addenda [JEA-C222] A change or changes to the Solicitation issued in writing by the JEA Procurement Department and incorporated into the Solicitation and Contract Documents. 1.4.4. Definition: Administrative Work [JEA-C223] Actions primarily performed in an office environment and associated with preparing to perform or administer the Work including, but not limited to, preparing Work schedules, obtaining bonds, executing Contracts, securing resources and other actions specified in the Solicitation, or otherwise prudent to ensure a timely, safe and otherwise compliant start and performance ofField Work. Administrative Work is not performed at the Work Location. 1.4.5. Definition: Award [JEA-C225] The issuance of a Purchase Order by the JEA Procurement Department to the successful Bidder notifying the Bidder that it has been authorized by JEA to perform the Work in accordance with the Solicitation, the PO and the Contract Documents, 1.4.6. Definition: Bid Document [JEA-C226] NOT USED 1.4.7. Definition: Bid or Proposal [JEA-C228] NOT USED 1.4.8. Definition: Bid Price [JEA-C229] NOT USED 1.4.9. Definition: Bid Section [JEA-C227] NOT USED 1.4.10. Definition: Bidder or Proposer [JEA-C230] NOT USED 1.4.11. Definition: Change Order [JEA-C231] A written order issued by the JEA Procurement Department after execution of the Contract to the Company signed by the Contract Administrator or his designated representative and authorizing an addition, deletion, or revision of the Work, or an adjustment in the Contract Price or the Contract Time. Change Orders do not authorize expenditures greater than the monies encumbered by JEA, which is shown on the associated Purchase Order(s). An executed Change Order resolves all issues related to price and time for the work included in the Change Order. "" 1.4.12. Definition: Company [JEA-C232] The legal person, finn, corporation or any other entity or business relationship with whom JEA has executed the Contract. Where the word "Company" is used it shall also include, but is not limited to all of its Subcontractors, suppliers, affiliates, and assigns. 3 1.4.13. Definition: Company Representative [JEA-C233] The individual responsible for representing the Company in all activities concerning the fulfillment and administration of the Contract. 1.4.14. Definition: Company Supervisor [JEA-C234] The individual, employed or contracted by the Company, to manage the Work on a day-to-day basis and ensure the Work is performed according to the Contract. The Company Supervisor may be authorized by the Company Representative to act on Contract matters. Such authorization shall be in writing and delivered to the Contract AClministrator and shall clearly state the limitations of any such authorization. In the event that the Company Supervisor and the Company Representative are the same person, the Company shall notify the Contract Administrator of such situation. 1.4.15. Definition: Contract [JEA-C235] The agreement between the Company and JEA as evidenced by this Contract and Exhibit A, Exhihit B and Exhibit C. 1.4.16. Definition: Contract Administrator [JEA-C236] The individual assigned by JEA to have authority over the Contract, including the authority to negotiate all elements of the Contract with the Company, authorize Change Orders within the maximum amount awarded, terminate the Contract, seek remedies for nonperformance including termination, and otherwise act on behalf of JEA in all matters regarding the Contract. The Contract Administrator may authorize JEA Representative in writing to make minor changes to Field Work with the intent of preventing Work disruption. 1.4.17. Definition: Contract Documents [JEA-C237] Contract documents means the Contract and any written Change Orders, amendments or Purchase Orders executed by JEA. 1.4.18. Definition: Contract Price [JEA-C238] The total amount payable to the Company under the Contract, as set forth in Exhibit B. 1.4.19. Definition: Contract Time [JEA-C239] The number of calendar days, the period of time, or the date stated in the Contract, or otherwise agreed upon by the parties in writing, from the PO issue date to planned date of Acceptance. 1.4.20. Definition: Customer Service Plan [JEA-C241j The Company's plan to achieve customer satisfaction requirements as determined by JEA and JEA Project Outreach, which shall include, as a minimum, the name and office phone number, cell phon~,number, email address, Nextel Direct Connect number, and fax number of Company's Customer Service Representative, a detailed flow chart on how the Company will handle customer concerns, preemptive customer satisfaction control measures (such as door hangers provided by JEA, and neighborhood meetings in conjunction with JEA staff) and a plan to reduce the number of customer concerns surrounding construction Work addressing, as a minimum, the construction practices that will eliminate damage to customers' property including, but not limited to, cracked driveways, tire ruts in customers' yards, blocking customers' access to driveways, cutting customers' services during tie-in, excessive noise from construction equipment, and elimination of dust during construction Work. 1.4.21. Definition: Defect [JEA-C242] Work that fails to meet the requirements of any required test, inspection or approval, and any Work that meets the requirements of any test or approval, but nevertheless does not meet the requirements of the Contract Documents. 4 1.4.22. Definition: Equal Item [JEA-C243] Item a Bidder chooses to offer in place of offering the brand name or manufacturer's item specified on the Bid Document when the Bid Document clearly states that the Bidder may offer such an item. 1.4.23. Definition: Ex Parte Communication [JEA-C244] NOT USED 1.4.24. Definition: Final Completion [JEA-C246] The point in time after JEA has Accepted the Work and the Company has fulfilled all requirements ofthe Contract Documents. 1.4.25. Definition: Holidays [JEA-C247] The following days: New Year's Day, Martin Luther King's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans Day, ~anksgiving Day, Day after Thanksgiving, Christmas Eve, and Christmas Day . 1.4.26. Definition: Informalities [JEA-C248] NOT USED. 1.4.27. Definition: Invoice [JEA-C249] A document seeking payment to Company from JEA for all or a portion of the Work, in accordance with the Contract Documents, and including at a minimum the following items: the Company name and address, a description of the product(s) or service(s) rendered, a valid JEA PO number, the amount payable, the payee name and address, any associated JSEB forms and any other supporting documentation required by the Contract Documents. 1.4.28. Definition: JEA [JEA-C250] JEA on its own behalf. 1.4.29. Definition: JEA Engineer [JEA-C251] The individual assigned by JEA (either an employee or a third party) to provide licensing, engineering, design review, and/or construction management including, but not limited to, overseeing and resolving engineering/design issues, conveying JEA's instructions to the Company and enforcing the faithful performance of the Work. The JEA Engineer's authority includes interpreting the technical portion of the Contract Documents, deciding on matters relating to the execution and progress of the Work and evaluating the Company's performance, The JEA Engineer may stop the Work when deemed necessary by JEA. The JEA Engineer will receive and adjudicate any claim of ambiguity or error in the technical portion of the Contract Documents and shall reduce any determination to writing, and the decision shaH be ~nal and binding. The JEA Engineer is not a party to the Contract. The JEA Engineer has no authority "to approve changes to the Work or Contract, or to commit JEA to any expenditure of money except as expressly designated in writing by the Contract Administrator. 1.4.30. Definition: JEA Inspector [JEA-C252] The individual(s) or Company(ies) designated by the Contract Administrator to inspect and test the Company's performance and Contract compliance including materials, workmanship, safety, environmental compliance, JSEB compliance, project controls, administration and accounting, and other aspects of Contract compliance. The JEA Inspector has no authority to approve changes to. the Work or Contract, or to commit JEA to any expenditure of money except as expressly designated in writing by the Contract Administrator. 1.4.31. Definition: JEA Representatives [JEA-C253] The Contract Administrator, Contract Inspector, Contract Administrator's Representative, JEA Engineer, Field Engineer, Project Manager, and other persons designated by the Contract Administrator as JEA 5 Representatives acting in a capacity related to the Work or Contract under the authority of the Contract Administrator. 1.4.32. Definition: Overtime [JEA-C256] Work approved in writing by the Contract Administrator that is required to be petformed beyond an employee's scheduled workday or work week, including Work performed on Holidays. 1.4.33. Definition: Payment and Performance Bond [JEA-C257] The common-law Performance Bond and the statutory Payment Bond contemplated by Section 255.05, Florida Statutes in the form required by JEA. 1.4.34. Definition: Performance - Acceptable PerformancelPerformer [JEA-C258] The Company averages more than 2.80 and less than 4.0 across all performance scorecard evaluation metrics, and does not receive a score of less than 2.0 on any metric. 1.4.35. Definition: Performance - Top PerformancelPerformer [JEA-C259j The Company averages 4,0 or more across all scorecard evaluation metrics and does not receive a score of less than 4.0 on anyone metric. Continuous performance for six months or more at Top Performance, or intermittent performance on at least three Contracts performed over at least a six-month period at Top PerfoIIDer levels, qualifies the Company for designation as a JEA Blue Ribbon Vendor. JEA Blue Ribbon Vendors receive special promotional recognition from JEA. 1.4.36. Defmition: Performance - Unacceptable PerformancelPerformer [JEA-C260] The Company averages less than 2.80 across all scorecard evaluation metrics, or scores a 1.0 on anyone metric regardless of average, or receives a score of 2.0 on the same metric on two sequential performance evaluations. 1.4.37. Definition: Price Bid [JEA-C262} A written number representing the total cost to the Owner if accepted. 1.4.38. Definition: Purchase Order (PO) [JEA-C263] A Work authorization document issued by the JEA Procurement Department with the words "Purchase Order" clearly marked across the top, a PO number used for reference shown on the front, a description of the Work or a listing of the applicable Contract Documents, an authorized JEA signature and stating the amo1Ult of lawfully authorized funds. Purchase Orders are the only documents that authorize changes to the total amo1Ult authorized on the Contract. 1.4.39. Definition: Qualification Statement [JEA-C264] .__ A written statement describing the Company's andlor product's ability to meet the requirements of the Solicitation. A Qualification Statement is submitted either ahead of or along with a Price Bid. 1.4.40. Definition: Quality Assurance [JEA-C265] Actions that JEA takes to assess the Company's performance under the Contract. 1.4.41. Definition: Quality Control [JEA-C266] Actions that the Company takes to ensure it successfully completes the Work in full accordance with the Contract Documents. 1.4.42. Definition: Shop Drawings [JEA-C269] Drawings, electronic and hard copy, that detail the fabrication, erection, layout and setting drawings; manufacturer's standard drawings; schedules; descriptive literature, catalogs and brochures; performance and test data; wiring and control diagrams; all other drawings and descriptive data pertaining to materials, equipment, piping, duct and conduit systems, and method of construction as may be required to show the 6 JEA Engineer that the proposed materials, equipment or systems and the position thereof are in compliance with the requirements of the Contract Documents. 1.4.43. Definition: Solicitation [JEA-C270] The docwnent (which may be electronic) issued by the JEA Procurement Department to solicit Bids or Proposals from Bidders that includes, but is not limited to, the Bid Document, Contract Documents andh Addenda. 1.4.44. Definition: Subcontractor [JEA-C27l] A provider of services performing Work under contract for the Company. 1.4.45. Definition: Substantial Completion [JEA-C272] The time when JEA determines that the Wark (or a specified part thereof) is sufficiently complete to be utilized for the purposes for which it is intended or ready for JEA or other contractors to perform subsequent portions of the Work. Recognition of the Work as Substantially Complete, as evidenced by issuance of a Certificate of Substantial Completion, does not represent JEA's Acceptance of the Work. 1.4.46. Definition: Summary Schedule [JEA-C273] A diagram displaying the Milestones for the Work graphically positioned on a timeline, showing at a minimum the calendar dates on which each Milestone is scheduled to be completed for Acceptance. 1.4.47. Definition: Term [JEA-C274] The period of time during which the Contract is in force, from formal notice of A ward to Final Completion, or termination. In some cases, and as expressly stated, some of the Contract requirements may extend beyond the Term of the Contract. 1.4.48. Definition: Unit Prices [JEA-C275] The Bidder's charges, rounded to the nearest cent, to JEA for the performance of each respective unit of Work as defmed on the Bid Documents for all items required for successfully performing the Work through Acceptance. 1.4.49. Definition: Work [JEA-C276] Actions, products, documentation, electronic programs, reports, testing, transport, administration, management, services, materials, tools, equipment, and responsibilities to be furnished or pefformed by the Company under the Contract, together with all other additional necessities that are not specifically recited in the Contract Documents, but can be reasonably inferred as necessary to complete all obligations and fully satisfy the intent of the Contract, as further described in Section 1.2.1 and Exhibit B. 1.4.50. Definition: Work Location [JEA-C277] The place or places where the Work is performed, excluding the properties of the Company and/or the Subcontractor( s). 7 1.5 SECTION TITLE: ACCEPTANCE [JEA-512] 1.5.1. Acceptance of Work - After Receipt, Inspection, Usage and Testing [JEA-C279] *** The Contract Administrator will make the determinati(;m when Work is completed and Accepted by JEA. Acceptance will be made by JEA only in writing, and after adequate time to ensure Work is perfonned in accordance with Contract Documents. JEA will reject any items delivered by Company that are not in accordance with the Contract, and shall not be deemed to have accepted any items until JEA has had reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the items has become apparent. JEA may partially accept the Work items. If JEA elects to accept nonconforming items, it may in addition to other remedies, be entitled to deduct a reasonable amount from the price as compensation for the nonconformity. Any Acceptance by JEA, even if non-conditional, shall not be deemed a waiver, or settlement or acceptance of any Defect. Specifically, the following items shall be required prior to Acceptance: . Post construction video and delivery of As-Builts 1.6. SECTION TITLE: PRICE & PAYMENTS [JEA-513] 1.6.1. Certificate of Contract Completion and Final Payment [JEA-C281] The Company shall complete and submit to JEA the Certificate of Contract Completion as notice that the Work, including the correction of all deficiencies, is complete. By submitting the certificate, the Company certifies the following: that the Work has been satisfactorily completed; that no liens have attached against the property and improvements of JEA; that no notice of intention to claim liens are outstanding; that no suits are pending by reason of the Work; that all workers' compensation claims known to the Company have been reported to JEA; that the surety provides a release; and that no public liability claims are pending. The Company shall submit its fmal fuvoice with the completed Certificate of Contract Completion. JEA shall make fmal payment on the Contract in accordance with the provisions of the Contract. 1.6.2. Invoicing and Payment Terms and Retaioage [JEA-C282] # The Company shall submit all Invoices or Applications for Payment using JEA's prescribed tonns and format and in accordance with the payment method agreed upon in these Contract Documents. JEA will pay the Company the amount requested within 30 calendar days after receipt of an Invoice from the Company subject to the provisions stated below. JEA may reject any Invoice or Application for Payment within 20 calendar days after receipt. JEA will return the Invoice or Application for Payment to the Company stating the reasons for rejection. Upon receipt of an acceptable revised Invoice or Application for Payment, JEA will pay the Company the revised amount within 10 days. JEA may withhold payment if the Company is in violation of any conditions or terms of the Contract Documents. As additional security for the proper perfonnance of the Wark, JEA may deduct 10% retainage, or such other amount allowable pursuant to Florida Jaw, from the amount stipulated in the Invoice or Application 8 for Payment and accepted by JEA as eligible for payment. In the case of early tennination of the Contract, all payments made by JEA against the Contract Price prior to notice oftennination shall be credited to the amount, if any, due the Company, If the parties detennine that the sum of all previous payments and credits exceeds the sum due the Company, the Company shall refund the excess amount to JEA within 10 days of dete11Oination or written notice. 1.6.3. Jacksonville Small and Emerging Business (JSEB) - Invoicing and Payment [JEA-C291] If the Company utilizes JSEB certified finns, regardless of whether these Contract Documents require or encourage the use of such finns, the Company shall Invoice for and report the use of JSEB certified firms according to the fonnat and guidelines set forth in the Contract Documents. 1.6.4. Payment and Performance Bond [JEA-C284] Within 10 days of signing the Contract, the Company shall furnish a Payment bond and Performance bond in the amount specified in ExhIbit B, Two Million and No/lOa Dollars ($2,000,000,00), made out to JEA in forms and formats approved and provided by JEA, as security for the faithful performance of the Work of Contract. JEA will send the approved bond foImS to the Company for execution along with the Contract, however, in no case shall the date on the bond fo11Os be prior to that of the executed Contract. The surety must be authorized and licensed to transact business in Florida. A fully executed Payment bond and Performance bond must be recorded with the Clerk of Duval County Court and delivered to JEA before Work commences. If the Company fails or refuses to furnish or record the required bonds, JEA will retain the Company's bid bond as liquidated damages. 1.6.5. Payment Method - Upon Delivery & Invoice [JEA-C4SS] Company shall invoice JEA upon delivery and acceptance of the Work. Invoices may be submitted for each delivery, or on a monthly basis for deliveries that occurred during the month. 1.6.6. Price Adjustment - Annual [JEA-C290] Unless the Company and JEA make other agreements, the annual price adjustment for the second and subsequent years of the contract shall be in accordance with the consumer price index for all urban consumers published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. The index used will be the unadjusted percent change for 12 months after Award. In the event the applicable price index publication ceases, the Company and JEA shall mutually agree on a replacement index. If the Company and JEA fail to agree on a replacement index, the Contract shall terminate 90 days following the end of the then current fiscal year. " '" 1.6.7. PromptPaymentto Subcontractors and Suppliers [JEA-C419] When the Company receives payment from JEA for labor, services or materials furnished by Subcontractors and suppliers that are hired by the Company, the Company shall remit payment due (less proper retain age) to those Subcontractors and suppliers within 15 days after the Company's receipt of payment from JEA. Nothing herein shall prohibit the Company from disputing, pursuant to the terms hereof, all or any portion of a payment alleged to be due to its Subcontractors and suppliers. In the event of such dispute, the Company may withhold tbe disputed portion of any such payment only after the Company bas provided written notice to JEA and to the Subcontractor and supplier whose payment is in dispute, stating the amount in dispute and specifically describing the actions required to cure the dispute. The Company shall deliver such notice to JEA and to the said Subcontractor or supplier within 10 days following the Company's receipt of payment from JEA. The Company shall pay all undisputed amounts due within the time frames specified herein. 9 The prompt payment requirements herein shaIl, in no way, create any contractual relationship or obligation between JEA and any Subcontractor, supplier, ISEB, or any third-party, nor create any JEA liability for the Company's failure to make timely payments as required. The Company's failure to comply with the prompt payment requirements, however, shall constitute a material breach of its contractual obligations to JEA. As a result of such breach, JEA, without waiving any other available remedy it may have against the Company, may issue joint checks and charge the Company a 0.2% daily late payment interest charge or charges as specified within the Florida Statutes, whichever is greater. 1.6.8. Taxes [JEA-C292] JEA is authorized to self-accrue the Florida Sales and Use Tax (Direct Payment Certificate Number 0138) and is exempt from Manufacturer's Federal Excise Tax when purchasing tangible personal property for its direct consumption. When the Company is performing repairs, alterations, improvements or construction to JEA's real property under a lump sum, cost-plus, fixed fee or not-to-exceed Contract, the Company is the end-user and shall pay applicable taxes. In the event the Work is exempt from Florida Sales and Use Tax due to performance for multifuel generation facilities, JEA will provide the Company affidavit of such and the Company shall not include the price in its Bid. The Company shall pay all applicable Florida Sales and Use Taxes as if it is the ultimate consumer in the event that the Work involves repairs, alterations, improvements or construction on JEA real property. Certain multifuel generation assets are exempt from Florida Sales and Use Taxes in accordance with Florida Statutes. In such cases, JEA will provide an affidavit of such for use in making nontaxable purchases. 1.7. SECTION TITLE: PERFORMANCE [JEA-514] 1.7.1. Applicable Standards and Codes [JEA-C280] *** The latest rules and regulations of the following organizations shall be considered a part of these Contract Documents. The Company shall perform all Work in strict accordance with applicable provisions thereof: . Any rules and regulations as referred to in the Technical Specifications, Exhibits A and C hereto, and in the JEA Water & Sewer Standards Manual 1.7.2. As-Built Drawings [JEA-C293] _ The Company shall record and keep current during the progress of the Work, as-built infonriation. Upon completion of the Work and prior to fmal payment, the Company shall fumish to the JEA Engineer an electronic file and a reproducible Mylar set of as-built drawings accurately representing the actual Work as installed, erected, or constructed and prepared in accordance with the JEA Contract Perfonnance Manual. The Company's submitted as-buiIts shall incorporate all Addenda, Change Orders and all requirements with respect to the drawings specified within these Contract Documents and within the JEA Contract Perfonnance Manual. As-built drawings shan be accompanied by a transmittal letter, signed by an officer of the Company, stating that the as-built drawings are a correct and accurate depiction of the Work performed. 1.7.3. Care of JEA Customers [JEA-C295] The Company agrees to provide excellent service to customers of JEA services throughout the execution of the Work during both scheduled Work hours and Overtime in accordance with the provisions set forth in the JEA Contract Performance Manual. 10 If the Company fails to provide the customer service requirements stated within the Contract Documents ancIJor within the JEA Contract Performance Manual, JEA may require the Company to appear before JEA's Company Performance Review Board, pursue additional remedial actions, terminate the Contract, and suspend Company from JEA's Responsible Bidder's List in all categories for a period not to exceed one year. 1.7.4. Commercial Activities on the Work Location [JEA-C296] The Company shall not establish any commercial activities, or issue concessions or pennits of any kind to third parties to establish commercial activities on lands owned or controlled by JEA, or within the boundaries of the Work Location. The Company shall not allow its employees to engage in any commercial activities on the Work Location. 1. 7.5. Company Laydown Area [JEA-543] In the event the Company decides to utilize public or private property as a laydown area, the Company shall enter into a written 'agreement with the entity who owns the property. JEA shall have access to all laydown areas. Upon submission of Company's first Invoice or application for payment to JEA, the Company shall provide to JEA a copy of such signed written agreement. The Company shall submit to JEA a letter of release from the entity in connection with Company's fmal Invoice or application for payment to JEA. 1.7.6. Company Representatives [JEA-C298] The Company shall provide JEA with the name and responsibilities of the Company Representative, in writing after Award of the Contract and before starting the Work under the Contract. Should the Company need to change the Company Representative, the Company shall promptly notify JEA in writing of the change. 1.7.7. Company's Documents at the Work Location [JEA-C299] The Company shall maintain at the Work Location for JEA one record copy of all Contract Documents in good order and marked currently to record all Addenda and changes made during Contract Term. These shall be available to JEA Representatives and shall be delivered to the Contract Administrator upon completion of the Work and at the request of the Contract Administrator, The Company shall also maintain detailed records of the Work for its own files. The Company shall make these records available to JEA for inspection upon request The Company shall maintain sucb. records for three years after date of Final Completion. '." 1.7.8. Company's Field Office [JEA..c300] The Company shall provide its own office facilities at the Work Location, as required. Unless specifically listed herein, JEA provides no Work Location facilities or Work Location area for the Company facilities of any kind such as field office and material storage. If the Company establishes a Work Location-based office, the Company shall provide and maintain adequate telephone facilities at this office during the full Term of the Contract. If the Company has a local business office, this office may serve as a Work Location office for this Contract, but the Company must maintain an operational cellular phone at the Work Location while performing Work. 1.7.9. Compliance With Referenced Specifications [JEA-C302] All Work, materials, systems or operations specified by reference to standard trade specifications or to 11 manufacturer's published specifications shall comply with the requirements of the referenced specifications, except as modified by the requirements of this Contract. The referenced specification used shall be the latest published edition that is in effect on the effective date of this Contract unless a particular edition is specified. In case of a conflict, the specifications that contain the more stringent requirements will govern. 1.7.10. Disposition of Salvable Material [JEA-C305] All material to be removed from the Work Location, relocated or salvaged, shall be inspected by the JEA Engineer immediately prior to removal, and the JEA Engineer's decision as to the salvageability shall be fmaI. Such material that is salvable, in the opinion of the JEA Engineer, shall be stored at the Work Location on-site by the Company, as and where directed by the JEA Engineer, or delivered to a location as directed. Under no circumstances may existing structures, plant or facilities be removed or demolished without obtaining prior written approval from the JEA Engineer. 1.7.11. Emergency Events [JEA-C306] In the event that a system-wide emergency arises during the Term of this Contract for which JEA requires assistance from the Company including, but not limited to, severe storms, large-scale fires, floods, and terrorist attacks, the Company acknowledges the importance of JEA infrastructure and agrees to support, with all its resources, skills and capabilities, and the maximum extent possible, all restoration efforts of JEA. The Contract Administrator shall notify the Company when an emergency event occurs and the Company agrees to mobilize its full resources immediately. In the event conditions are such that an emergency event is likely in progress, but the Company has not been notified by the Contract Administrator, the Company shall make all efforts to contact a JEA Representative to determine if and how it should respond. JEA agrees to reimburse the Company for its actual costs incurred, plus overhead and profit, the total not exceeding 12%, and anyone-time expended cost incurred as a result of supporting JEA during the emergency event. 1.7.12. Emergency Procedures [JEA-C307] In emergencies affecting the safety of persons, the Work or property at the Work Location or any other area adjacent thereto, the Company, without special instructions or authorization from JEA Representatives, is obligated to act to its best ability, to prevent threatened damage, injury or loss to the Work, any persons, or property. The Company shall give the Contract Administrator prompt written notice describing the emergency, its cause, actions taken, injuries and casualties, property damage, other damages, and impact on continued performance under this Contract. 1.7.13. Encroachments on Rights or Property [JEA-C308] " The Company shall be solely responsible for any encroachments on public property or on the'rights or property of adjoining property owners to the Work Location, and shall hold JEA harmless because of any encroachments that may result because of the Company's improper layout. In this regard, the Company shall, without extra cost to JEA, remove any Work or portion of any Work that encroaches on the property other than that of the Work Location, or that is built beyond legal building or setback limits. The Company shall rebuild the affected Work or portion of Work at the proper location and in full compliance with the Contract Documents. 1.7.14. Inspections and Testing [JEA-C310] The Company understands and agrees that JEA shall have the right to inspect the Work at anytime and for any reason at the Work Location in accordance with the provisions set forth in the JEA Contract Performance Manual. JEA's inspection ofthe Work, or any work site observations, notices or assumptions of the worksite duties, or JEA's failure to inspect or observe the Work, will not relieve the Company of its obligations under the Contract, nor will such JEA actions or inactions be construed as Acceptance of the 12 Work. If any applicable law, rule or regulation requires Work to specifically be inspected, tested, or approved by someone other than the Company, the Company shall give the Contract Administrator timely notice of readiness. The Company shall furnish the Contract Administrator the required certificates of inspection, testing or approval. All such tests shall be in accordance with the methods prescribed by the American Society for Testing and Materials or other applicable laws, rules and regulations. The Company shall pay for all inspections and tests required by any applicable laws, rules or regulations that is performed by non- JEA personnel. Prior to Acceptance of the Work, all major equipment shall be subjected to operating field tests to determine satisfactory functioning and operation. The equipment shall be operated by and at the expense of Company. The Company shall submit to the Contract Administrator for approval, an outline of the test sequence and a schedule indicating the estimated time required to complete the tests. Unless otherwise provided in the Contract, Acceptance by JEA shall be made as promptly as practicable after inspection of all Work required by the Contract Documents. 1.7.15. Interference With Existing Utilities [JEA-566} The Company aclmowledges and agrees that there is a possibility that existing JEA or other utility facilities may cross and/or lie parallel to excavations in the area where Work will occur. Although JEA may indicate recorded obstacles on the drawings, it does not warrant that other subsurface obstacles do not exist. The Company shall be responsible for verifying the data furnished by JEA and for fully investigating and locating additional obstructions including every type below, on or above the ground. The Company should regard these impediments as normal to construction. All costs for performing such work shall not be paid for separately, but shall be included in the Company's costs on the Bid Document. The Company shall comply with all requirements of the Sunshine State One-Call program. In the event the Company encounters an unidentified utility during performance of the Work, the Company shall promptly cease Work in the affected area and sh,all immediately notify the JEA Representative in writing. JEA will investigate the area and propose remedial actions in accordance with the provisions stated herein in "Changes to the Work" JEA-164. The Company shall work in cooperation with JEA and representatives of existing utilities to plan and coordinate putting new Work into service so as not to interfere with the operation of the existing utilities. Such plans shall be adhered to unless deviations therefrom are expressly permitted in writing by the Contract Administrator. 1', The Company shall at all times conduct the Work in a manner that interl'eres as little as possible with the existing utilities. Any cables exposed during construction, whether energized or not, must be handled and protected as if they are energized. The Company shall so conduct its operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. The Company shall not obstruct existing gutters, ditches and other runoff facilities. When working in the vicinity of overhead lines, the Company shall request line rubber protection from JEA at least 10 days in advance ofperfonning the work. The Company shall be solely responsible for any damages, interferences, and interruptions of service caused to any utility's assets and services including water, sewer, electric, telephone, gas, cable, and other utility services, that result from the Company's failure to fulfill the above stated requirements. In the event the Company damages an existing utility, the Company shall immediately notify the property owner, the owner of the damaged utility and the JEA Representative. Should the damage cause an interruption of service, the Company shall be responsible for restoring service as soon as possible; however, the Company shall not make repairs, other than any required to restore safe conditions, without the approval of the property owner, or the owner of the damaged utility. The Company shall be responsible 13 for coordinating any repair effort, and any associated costs should the utility owner or a licensed repair contractor be required to make the repair. JEA reserves the right to deduct any unsettled claim amount from Company's invoices until such time as the claim is satisfactorily resolved. 1.7.16. Interference With Other JEA Work or Other Companies [JEA-567] The Company shall perform the Work in a manner that minimizes the interference with other JEA work, City of Jacksonville work, or with work performed by other companies. The Company shall coordinate the Work with other persons and companies employed by JEA. If a difference of opinion regarding scheduling or coordination of the Work arises between the Company and another JEA contractor(s) performing work at the Work Location, JEA may arbitrate the matter. In such cases where JEA makes a decision regarding the scheduling or coordination of the work, the Company agrees to fully abide by JEA's decision. Unless otherwise agreed in writing by JEA, JEA will not be responsible for additional costs. Any claims arising against the Company from damages to other companies' work, equipment, machinery, tools or other property shall be settled directly between the Company and the other companies involved. JEA will not, in any way, be a party to arbitrating or mediating any such disputes, nor shall lEA be responsible for any costs associated with such disputes. 1.7.17. Interference with Railroads [JEA-562] The Company shall not build across, into, over or under, either temporarily or permanently, any portion of a railway or railway right-of-way without first obtaining all required permits. If the Company's operations render any railroad unsafe, the Company shall immediately notify the Contract Administrator, and the railroad owner and take appropriate actions and such temporary safeguards as required to protect life, limb, and property, and to maintain orderly traffic. The Company shall procure all railroad permits required for the Work beyond those procured by JEA and the costs for such permits shall be included in the Bid Documents. All costs associated with railroad fees for railroad flagmen, watchouts, inspectors, supervisors, any additional training of Company's employees that is required by applicable laws, rules and regulations when performing Work in association with railways, any certifications required for successful completion of the Work and all other associated costs shall be included in the Bid Document. 1.7.18. Interruption of Service [JEA-C312] The Company shall not operate any valves, nor otherwise interrupt water and/or sewer service, without first obtaining permission from the JEA Engineer. The JEA Representative shall be present during any interruption of service. ",. If the Company must shut down a main or portion of a main, thereby causing an interruption of water service, the Company shall provide the lEA Engineer with the following information, in writing, a minimum of four days in advance of any anticipated interruption of service: Date and time of outage. Purpose of the outage. Map of the area to be affected by the outage. Letter stating all offices, businesses, and residents have been or will be notified by Company at least four days in advance of the outage (unless JEA chooses to issue such notification). The Company is not authorized to proceed with requested Work without prior written notice from JEA Engineer that such actions are approved. In the event of a major emergency that endangers life or property, the Company may take immediate action before notifying JEA. In all cases, however, JEA shall be notified in writing at the earliest opportunity 14 after addressing the emergency. 1.7.19. JEA Project Security Program [JEA-598] The JEA Project Security Program establishes a coordinated security program. and ~signs specific security responsibilities for which the Company andlor its Subcontractors shall be responsible at while performing construction services at existing JEA facilities and upon the substantial completion of new facilities. The programs objectives are 1) to direct all project security activities toward a single goal--no breaches, thefts or vandalism, and 2) to ensure effective coordination and communication of all project security activities with JEA Security. In geneml, the Company shall provide on-site JEA security personnel at any time the facility's perimeter is unsecured, including but not limited to, alarms disabled, fences or gates down, traffic flows that require gates to be opened repeatedly andlor for more than one hour of the work day. The Company shall schedule security personnel through JEA Security. Where existing lighting is disabled or otherwise impacted by the Work, the Company shall provide temporary lighting equal to or exceeding that which exists. Further, the Company shall be responsible for complying with all applicable provisions of Chapter 12 "Security Program" of the JEA Contractor Safety Management Process Safety Requirements, a copy of which may be obtained from: William Bland, Manager, JEA Security, (904) 665-6070, blanwl@jea.com. 1.7.20. Licenses [JEA-C314] The Company shall comply with all licensing andlor certification requirements pursuant to applicable laws, rules and regulations. The Company shall secure all licenses as required for the performance of the Work and shall pay all fees associated with securing them. The Company shall produce written evidence of licenses !qld other certifications immediately upon request from JEA. 1.7.21. Limitation of Accuracy ofInformational Materials [JEA-568] For all drawings, test results, inspections, and other informational materials included as part of the Contract Documents, the Company understands and agrees that any existing facilities shown, including underground, overhead, and surface structures, and other delineations, and any other informational items provided as part of the Contract Documents are for reference only and are not to be used by the Company as the only indication of Work conditions. 1.7.22. Maintenance of Traffic (MOT) [JEA-S64] The Company, when required by the governing agency such as the City of Jacksonville or the Florida Department of Transportation (FDOT), shall maintain traffic in accordance with an approved'Maintenance of Traffic (MOT) plan ("MOT Plan ") submitted by the Company, on streets, roads, private ways, and walks, The Company shall assume full responsibility for the adequacy and safety of provisions made. The Company shall be solely responsible for the placement, maintenance and removal of the minimum number of devices required by the MOT Plan, or specified by the FOOT, for the control of traffic at the Work Location including, but not limited to signs, cones, lights, barricades, concrete barrier walls, police officers, flaggers, etc. ("MOT Items"). Unless expressly stated herein that JEA will provide the Company with MOT Items for the Work, the Company shall include costs for all MOT Items in the associated lines in the Bid Document. 1.7.23. Material Delivery Locations [JEA-C317] The Company shall notify, in writing, the Contract Administrator of all planned material delivery/receiving locations. Such notification shall be prior to initiation of shipment. The Contract Administrator will provide 15 the Company with specific written approval for each delivery/receipt location, which will not be unreasonably withheld. Where the Contract Administrator disapproves a proposed location, the Company shall propose alternate locations and obtain the Contract Administrator's written approval for any proposed alternate location. The Company understands and agrees that it shall not seek additional monies to compensate for any costs associated with changes or denials of proposed delivery/receipt locations regardless of circumstances. 1.7.24. Meters [JEA-C318] The Company shall pay all fees and charges required for connections to utilities, concurrency management, parking meter rentaVremoval and any other assessments imposed on the Work or initial occupancy of the Contract, except those specifically listed herein as provided by JEA. 1.7.25. Permits [JEA-C319] The Company shall secure, maintain, post as required, and pay for all building, plumbing, electrical, right- of-way, parking, roadway, railroad, shipping, freight, hazardous materials, and all other permits required for performance of the Work in full compliance with all applicable laws, rules and regulations. The Company shall perform all actions necessary to identify where permits are to be obtained and properly file for the permits, except those specifically listed as being provided by JEA. The Company shall comply with all conditions of permits issued for the Work, either directly or indirectly, issued by federal, state, or local governmental agencies, which are hereby incorp'orated as part of these Contract Documents. The Company shall be solely responsible for resolving any issues and bearing all expenses including any damages suffered by JEA that result from a finding of noncompliance during performance of the Work by any of the respective regulatory agencies including, but not limited to, all costs for delays, litigation, fmes, fees of any kind, and other costs. 1. 7 .26. Protection of Existing Facilities and Grounds [JEA-565] The Company shall be responsible for protecting all the existing facilities including, but not limited to, buildings, lawns, landscaping, sprinkler systems, and pavements, both public and private, that are encountered during the performance of the Work. At all times, the Company shall cooperate with the owners of such facilities by arranging and performing the Work in and around such facilities in a manner that facilitates their preservation, relocation, andlor reconstruction. The Company shall be responsible for the full restoration or replacement if the Company damages such facilities during or resulting from performance of the Work. The Company shall verify the existing dimensions and clearances before laying out the Work. When the Work involves the laying of utility lines across landscaped areas and grassed areas, which may include, but is not limited to, irrigation systems, streets, sidewalks, and other paved areas, the Company fuall protect and preserve all trees, shrubs, palms, landscaping, etc., and restore such areas and all paved areas to their original sound conditions using construction techniques and materials that are the same as existing including rep lacing plants and trees with those of similar size and age. In the case of planted areas, the Company shall maintain the restoration Work until positive growth has been acknowledged in writing by the Contract Administrator. All costs for such restoration and replacement work shall be included in the associated lines on the Bid Document. The Company shall not (except upon written consent from the property owner and Contract Administrator) enter or occupy with workers, tools, equipment or vehicles any land outside the easements, right-of-ways, JEA property or the City of Jacksonville property. 16 1.7.27. Protection of the Environment [JEA-561] The Company and its Subcontractors shall comply with all applicable laws, rules and regulations. Asbestos, Lead, or Toxic Mold Notification: Asbestos, Lead, or Toxic Mold may be present at the Work Location. The Company shall notify the Contract Administrator immediately upon discovery of asbestos, lead, toxic mold. The Company shall not disturb or remove known or discovered asbestos, lead, or toxic mold unless directed by Contract Administrator. Hazardous Waste: The Company shall bear full responsibility including, but not limited to, payment and liability for the transportation, use and disposal of any hazardous or toxic substance under the Company's control during the performance of the Work. Disposal of hazardous waste should only be disposed of at JEA approved facilities. The Company shall provide JEA with appropriate documentation showing proper disposal of its hazardous or toxic substances. JEA has identified and labeled equipment known to contain PCBs. JEA will remove and transport any equipment so identified. The Company shall not remove or transport any equipment containing PCBs. The Company shall immediately notify the JEA Representative of any questionable or unmarked equipment and the JEA Representative will arrange for testing and identification. Toxic Substances Introduced by the Company: The Company shall notify the Contract Administrator in writing ofthe type, quantity and disposal method of any toxic substance used during the performance of the Work. The Company shall be solely responsible for the use and disposal of any such toxic substances. The Company shall submit cleanup procedures to the JEA Representative for review and written approval prior to the use of the toxic substance. In the event that a toxic substance escapes into the environment, the Company shall immediately notify the Contract Administrator in writing of the occurrence and the actions taken. In the event that the Company encounters toxic substances in the course of construction, the Company shall immediately notifY the Contract Administrator verbally, with a written notification to follow. The Contract Administrator shall arrange for disposal by JEA. The Company will be solely responsible for all waste material including paints, lubricants, fuels, solvents, and other chemicals used in connection with the Work. The Company will provide proper containers for waste materials and comply with all applicable laws, rules and regulations in their disposal. The Company will dispose of all empty containers off-site as soon as possible. The Company will designate one area for transferring paints and solvents from large containers (55-gallon drums) into smaller containers for daily use. Wetlands: J The Company understands and agrees that the Work Location may include wetlands or othef environmentally sensitive areas. The Company shall not en~er these areas during the performance of its Work, unless specifically authorized by the Contract Administrator and appropriate state and federal permits have been obtained. Wildlife: ' The Company and/or Subcontractor's employees shall not endanger wildlife species or domestic animals of any kind. Violation of Environmental Laws and Permits: The Company shall immediately cease any activity that causes or results in a violation of JEA's or Company's environmental permits or federal, state and local laws and regulations. Such violation shall immediately be reported to the Contract Administrator verbally, with written notification to follow. All additional costs due to the Company's noncompliance with the applicable environmental regulations shall be paid by the Company. 17 1.7.28. Quality Control and Quality Assurance [JEA~C324] The Company shall provide Quality Control to ensure the Work is performed in accordance with the Contract. Quality Control shall be appropriate for the nature of the Work, and shall be conducted in a manner consistent with sound quality management and industrial engineering principles. The Company shall have only personnel trained in Quality Control techniques and experienced with the nature of the Work perform the Quality Control function. iliA may perform Quality Assurance activities. Such activities, whether performed or not, do not in any way limit or reduce the Company's requirements. JEA may become aware of quality related problems during its performance of Quality Assurance, but has no obligation to notify the Company of its findings. The Company shall provide access to all areas of Work, including the Company's facilities, for JEA Quality Assurance personnel and JEA Representatives. JEA will conduct Quality Assurance activities so as not to excessively interfere with the Work, however, where JEA Quality Assurance personnel request specific actions of the Company, the Company shall comply with the request and agrees that such compliance is included as part of its Contract Price. 1.7.29. Safety and Protection Precautions [JEA-C329] The Company shall comply with all applicable federal, state and local laws, ordinances, all JEA procedures and policies including, but not limited to, JEA's Contractor Safety Management Process (available at JEA.com), and orders of any public body having jurisdiction for the safety of persons or protection of property. The Company understands ,and agrees that violation of any provision of this clause is grounds for immediate termination of the Contract and the Company is responsible for all JEA damages associated with such termination. The Company shall only use those Subcontractors who have met JEA Safety Prequalification requirements per the JEA Contractor Safety Management Process. The Company shall ensure that Subcontractors and their personnel have aU the necessary personal protective equipment and training needed to perform Work safely. The Company understands and agrees that JEA Representatives may stop Work at any time that JEA, at its sole discretion, considers the Company's Work to be unsafe or a risk to property, and to direct the Company to, at a minimum, perform as directed in such a way as to render the Work environment safe. The Company understands and agrees that it is responsible for paying aU costs associated with providing a safe work environment including, but not limited to, any costs associated with any JEA directed safety improvements. The Company further understands and agrees that it is solely responsible for the safety of personnel and property associated with the Work, and that any actions taken by JEA to prevent harm to persons or damage to equipment does not, in any way, relieve the Company of this responsibility. The Company Representative, or alternatively, the Company Supervisor, shall be designated a.s the Company's individual responsible for the prevention of accidents. The Company shall notify the police and fire departments as to its Work Location in order to ensure prompt response in an emergency. 1.7.30. Samples [JEA-C330] *** lfthe product(s) specified in the Contract is/are unavailable after the Award of the Contract, or if it is anticipated that the product(s) will vary considerably in function, size, usability, life expectancy, color, texture or other material ways from the specifications, or upon request of the Contract Administrator, the Company shall submit a minimum ofthree Samples of the product(s). When variations in color, texture or other characteristics are anticipated, the Company shall submit a sufficient number of Samples to indicate the full range of such variances in the finished products. Samples shall be delivered to the following address: 18 Bill Clendening JEA 2434 North Pearl Street Jacksonville, Florida 32206 904.665-4723 The Company shall submit all required Samples promptly so as to cause no delay in the Work. JEA will evaluate the Samples with reasonable promptness. No extensions of time will be granted to the Company because of failure to submit Samples in ample time for review and approval. The Company shall be solely responsible for the arrangements and costs of delivering and removing its Samples from JEA facilities. JEA may consume or destroy Samples during its tests to determine whether they meet the requirements of the Contract The Company shall mark each sample with the Company's name, Contract number, Purchase Order Number, the purpose for which the Samples are submitted, and the submittal date. Samples shall be accompanied by a letter of transmittal along with all technical specifications, operating instructions, installation instructions, drawings and other documentation useable by the JEA Engineer in evaluating the Sample. Each Sample shall have a tag affixed in such a way that the JEA Engineer is able to stamp the tag indicating approval or disapproval of the Sample. If the JEA Engineer approves the Samples, they will be so stamped and the Company will be notified to reclaim all but one of any remaining Samples either in whole or part. Approval of such Samples will not relieve the Company from responsibility for any departure or deviations from the requirements of the Contract unless the Company, in writing, called the JEA Engineer's attention to such departures or deviations at the time of Sample submission. If the JEA Engineer does not approve the Samples, the Company will be notified to resubmit additional Samples for approval. The JEA Engineer may revoke approval of a Sample, should Work-related conditions change. 1.7.31. Schedules - Milestone [JEA-C331]., _ The Company shall submit a Summary Schedule to JEA prior to starting the Work indicating the starting and completion dates of the major activities of the Work. The Company shall update the Summary Schedule at least once per week and submit the updated Summary Schedule weekly to the Contract Administrator. "r 1.7.32. Shop Drawings [JEA-C335] The Company shall promptly submit all required Shop Drawings in accordance with the provisions set forth in the JEA Contract Performance Manual. JEA will not grant an extension of Contract Time due to the Company's failure to submit Shop Drawings in ample time to allow for checking, revisions, reviews, and approval. A letter of transmittal and one copy of each shop drawing shall accompany each submittal Shop drawings shall be forwarded to the JEA Engineer. Each drawing shall be listed separately on the letter. The Company shall also note distinctively on the transmittal letter any deviations that the Shop Drawings may have from the requirements of the Contract Documents. If the materials in the Shop Drawings are not listed in JEA's Approved Materials Manual, then the Company shall forward five sets of each shop drawing to the JEA Engineer for review prior to purchasing 19 the items. The Company shaH also include the number of prints it desires to have returned. The .TEA Engineer's approval of Shop Drawings shall not be construed as a complete check, nor shall it relieve the Company from responsibility for any deficiency that may exist, or from any departures or deviations from the requirements of the Contract unless the Company has, in writing, called the JEA Engineer's attention to such deviations at the time of submission and obtained written approval for the deviation. The JEA Engineer's approval shall not relieve the Company from the responsibility for errors of any sort in Shop Drawings or schedules, nor from responsibility for proper fitting of the Work, nor from the necessity offumishing any Work, materials, equipment or tools, required by the Contract Documents that may not be indicated on Shop Drawings when approved. The Company shall be solely responsible for all quantities and dimensions shown on the Shop Drawings. The Company shall not execute any Work until the JEA Engineer approves the Shop Drawings and a copy stamped "Approved" is at the Work Location. The Company shall, at no extra cost to JEA, make all changes and alterations whatsoever in Work performed or in subcontracts or orders placed prior to the approval of any and all Shop Drawings. JEA may revoke approval of Shop Drawings, should field conditions so dictate. 1.7.33. Storm Preparedness [JEA-C462] In the event of a Hurricane Warning, Tropical Storm Warning, or other large storm affecting the Work Location, the Company shall secure, or shall remove and store all equipment and materials at the Work Location including, but not limited to, cones, barricades, lights and signs. The Company shall begin taking such precautions as necessary to secure the Work Location upon official issuance of mandatory evacuation , of the area of the Work Location and no later than 24 hours prior to predicted arrival of tropical storm or hurricane force winds, or when notified by a JEA Representative to do so. These activities are considered a regular part of the Work, regardless of the frequency they are required. 1.7.34. Substantial Completion [JEA-C336] The Company shall notify JEA in writing when a portion of the Work is ready for acceptance and can be utilized for the purposes for which it was intended. The Company shall identify any deficiencies in the Work. JEA will inspect the Work and will give the Company written notice of either acceptance of that portion of the Work or additional deficiencies. The Company shall correct all deficiencies prior to Acceptance'ofthe Work by JEA. Whenever any portion of the Work is substantially complete and can be utilized for the purpose for which it was intended, JEA may use it. Such use shall not be held in any way as an Acceptance of the Work or as a waiver of any provisions of the Contract. 1.7.35. Substitutions [JEA-C337] Whenever materials or equipment are specified or described in the Contract by using the name of a proprietary item or the name of a particular supplier, the naming of the item is intended to establish the type, function and quality required. Materials or equipment of other suppliers may be accepted by the JEA Engineer if sufficient information is submitted by the Company to allow the JEA Engineer to determine that the material or equipment proposed is equivalent or equal to that named. The Company shall make written application to the JEA Engineer for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar and of equal substance to that specified and be suited to the same use as that specified. The application shall state that the evaluation and acceptance of the proposed substitute will not prejudice the Company's completion of the Work within the Contract Time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions 20 of any other Contract directly with JEA for Work on the Contract) to adapt the design to the proposed substitute and whether or not incorporation or use ofthe substitute in connection with the Work is subject to payment of any license fees, royalties, permits or any other costs. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service shall be indicated. The application shall also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other Companies affected by the resulting change, all of which shall be considered by the JEA Engineer in evaluating the proposed substitute. Requests for review of substitute items of material and equipment will not be accepted by the JEA Engineer from anyone other than the Company. The JEA Engineer may require the Company to furnish, at the Company's expense, additional data about the proposed substitute. . If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract, the Company may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to the JEA Engineer, if the Company submits sufficient information to allow the JEA Engineer to determine that the substitute proposed is equivalent to that indicated or required by the Contract. The JEA Engineer will be allowed a reasonable time within which to evaluate each proposed substitute; such time shall not be deemed justification for an extension of the Company's time for completion of the Contract. The JEA Engineer will be the sole judge of acceptability, and no substitute shall be ordered, installed or utilized without the JEA Engineer's prior written notice, which shall be evidenced by either a Change Order or an approved Shop Drawing. JEA may require reimbursement for the cost associated with JEA's evaluation of substitutions. JEA may require the Company to furnish, at the Company's expense, a special performance guarantee bonds or other surety with respect to any substitution. 1.7.36. Surveying [JEA"C339] Unless specifically stated in the Contract Documents as being provided by JEA, the CompaIJ..Y shall be responsible for all surveying necessary to commence and perform this Work. The Company shall employ a land surveyor registered in the State of Florida to reference and restore all property corners andlor monuments that may have been disturbed and to ensure accurate horizontal and vertical control during the construction of this project and for staking locations for new structures. Height and spacing of stakes to be as specified elsewhere herein or as directed by JEA Engineer. All Work shall be done to the lines, grades and elevations shown on the drawings. Any Work improperly . located may be ordered removed and replaced at the Company's expense. The Company shall be responsib Ie for making its own determination of water tab Ie variations and shall not assume that any water levels shown by the aforesaid boring data will necessarily be maintained at the level indicated. The Company shall investigate the conditions above or below the surface of the ground as it may deem necessary for the proper and timely performance of its Work including, but not limited to, the making of borings. Where soil conditions differ from expected, the Company shall be responsible for all costs incurred. In the event soil conditions are not as expected by either JEA, or the Company, the Company shall pay any 21 and all costs associated with changes required to properly accommodate actual soil conditions. 1.7.37. Temporary Closure of Roadways [JEA-563] The Company shall not close or obstruct any portion of a street, road, or private way without first obtaining pennits. If any street or private way is rendered unsafe by the Company's operations, the Company shall make such repairs or provide such temporary ways and guards necessary for the protection and safety of persons on the Work and the public and for the orderly maintenance of traffic. All costs associated with temporary closure of roadways shall be included in Bid Document. The Company shall notify the police and frre departments in writing if it will be necessary to close a street. The Company shall copy JEA on all correspondence relating to street closure. The Company shall notify the police and fire departments prior to closure of the street. The Company shall be responsible for maintaining proper coordination with the proper authorities. Temporary closure of business entrances must be approved in writing by and coordinated with JEA. 1.7.38. Temporary Utilities [JEA-C342] The Company shall furnish and install all temporary water, electricity and other utilities required to accomplish the Work. The Company shall obtain the water required for carrying out the Work from fire hydrants, existing water main connections, or new connections approved by JEA. The Company shall install a back flow preventef and water meter assembly if construction water is necessary. Upon Substantial Completion of Work, the Company shall remove all evidence of temporary connections and lines. Prior to initiating any construction Work, the Company shall coordinate and schedule the provision of temporary utility service required during construction and arrange for the permanent installation and connection of utilities for the completed Work. 1.7.39. Tools and Equipment [JEA-C343] All tools and equipment used in the performance of the Work shall be used as intended by the manufacturer and in accordance with manufacturer operating manuals and industry practices, whichever is more stringent. The Company shall ensure that all tools and equipment used in the performance of the Work shall be of the size and quality suitable for safe and efficient performance of the Work. If the Company-provided tools and equipment do not meet these requirements, or if in the sole opinion of JEA formed after considering relevant factors, the tools or equipment are inappropriate for performance of the Work, the Company agrees to remove the unacceptable tools and equipment and obtain tools and equipment JEA considers suitable. Such replacement shall be entirely at the Company's expense, and no cha~e to Contract Time will be allowed. The Company is responsible for furnishing and the security of any and all tools and equipment required to perform the Work. 1.7.40. Unforeseen Conditions [JEA-569] The Company understands and agrees that it is its responsibility to conduce due diligence prior to the Work. Such due diligence includes, but is not limited to, verifying all Work conditions, measurements, dimensions and latent and patent obstructions, the accuracy of drawings, test results, inspections and other informational materials provided in the Contract Documents, and any other causes for existing or potential changes to the Work prior to initiating the Work. In the event that the Work must be changed due to the Company's failure to fulfill the above requirements, the Company understands and agrees that it will be responsible for all costs associated with the changed condition. 22 In the event, however, that the Company exercises the requisite due diligence and a change to the Work becomes necessary resulting from conditions that are clearly unforeseen and that could not have been discovered, the costs for adjusting the Work in response to such unforeseen conditions shall be addressed as stated herein in "Change in the Work" JEA-164. 1.7.41. Use of Explosives - Prohibited [JEA-C347] The use of explosives to perform any Work or activities related to this Contract is strictly prohibited. 1.7.42. Vendor Performance Evaluation [JEA-C338) Use of Vendor Performance Evaluation Scorecards JEA will evaluate the Company's perfomiance using the evaluation criteria shown on the vendor scorecard available at JEA Procurement Bid Section, JEA Tower Suite 103, 21 W. Church Street, Jacksonville, FL 32202 or online at JEA.com. Scores for all metrics shown on the evaluation range from a low of I, meaning significantly deficient performance, to a high of 5, meaning exceptionally good performance. The Company's performance shall be classified as Top Performance, Acceptable Performance, or Unacceptable Performance, as defmed herein. The evaluator will be a designated JEA employee or JEA contractor familiar with the performance of the Company. The evaluator's supervisor and the Chief Purchasing Officer will review deficient performance letters and Unacceptable Performance scorecards, as described below, prior to issuance. When evaluating the Company's performance, JEA will consider the performlil1;ce of the Company's Subcontractors and suppliers, as part of the Company's performance. Frequency of Evaluations JEA may conduct performance evaluations and prepare scorecards in accordance with the procedures described herein at any time during performance of the Work or soon after the completion of the Work. JEA may conduct one or more evaluations determined solely at the discretion of JEA. Unacceptable Performance If at anytime, JEA determines, using the criteria described on the scorecard, that the performance of the Company is Unacceptable, the Contract Administrator and Chief Purchasing Officer or his designated alternate will notify the Company of such in a letter. The Company shall have 10 days to respond to the Contract Administrator. Such response shall include, and preferably be delivered in-person by an officer of the Company, the specific actions that the Company will take to bring the Company's performance up to at least Acceptable Performance. ' Within 30 days from date of the first Unacceptable Performance letter, the Contract Administrator and Chief Purchasing Officer or his designated alternate will notify the Company by letter as to whether its performance, as determined solely by JEA, is meeting expectations, or is continuing to be Unacceptable. If the Company's performance is described in the letter as meeting expectations, no further rem;dial action is required by the Company, as long as Company's performance continues to be Acceptable. If the Company's performance as described in the letter continues to be Unacceptable, or is inconsistently Acceptable, then the Company shall have 15 days from date of second letter to demonstrate solely through its performance of the Work, that it has achieved Acceptable Performance. At the end of the 15-day period, JEA will prepare a scorecard documenting the Company's performance from the start of Work, or date of most recent scorecard, whichever is latest, and giving due consideration to improvements the Company has made in its performance, or has failed to make. If the scorecard shows Company's performance is Acceptable, then no further remedial action is required by Company as long as Company's performance remains Acceptable. If the scorecard shows the Company's performance is Unacceptable, JEA will take such actions as it deems appropriate including, but not limited to, terminating the Contract for breach, suspending the Company from bidding on any JEA related solicitations, and other remedies available in the JEA Purchasing Code and in law. Such action does not relieve the Company of its obligations under the Contract, nor does it preclude an earlier termination. 23 In the event that the Contract Term or the remaining Term of the Contract does not allow for the completion of the deficient performance notification cycles described above for those in danger of receiving an Unacceptable Performance scorecard, JEA may choose to accelerate these cycles at its sole discretion. If the Company receives five or more letters of deficiency within any 12 month period, then JEA will prepare a scorecard descnbing the deficiencies and the Company's performance will be scored as Unacceptable. Acceptable Performance JEA expects the Company's performance to be at a minimum Acceptable. Top Performance Where the Company is able to demonstrate consistent Top Performance for a period of not less than six months, JEA shall recognize the Company, by inducting the Company as a JEA Blue Ribbon Supplier. JEA Blue Ribbon Suppliers are, to the extent reasonably possible and practical, provided preferential consideration when awarding emergency-related work that cannot be competitively publicly bid. JEA Blue Ribbon Suppliers, may also be subject to consideration for a reduction in lower retain age and bonding requirements after Award, as determined by the Chief Purchasing Officer at the time of Award.. Disputes In the event that the Company wants to dispute the results of its scorecard performance evaluation, the Company must submit a letter to the Chief Purchasing Officer supplying supplemental information that it believes JEA failed to take into account when preparing the scorecard. Such letter, along with supplemental information, must be submitted no later than 10 days following the Company's receipt of the scorecard. If the Chief Purchasing Officer decides to change the scorecard, the Company will be notified and a revised scorecard will be prepared, with a copy issued to the Company. If the Chief Purchasing Officer decides that no change is warranted, the decision of the Chief Purchasing Officer is fmal. If the Company is to be suspended from consideration for future award of any contracts, the Company may appeal to the Procurement Appeals Board as per JEA purchasing Code. There can be no expectation of confidentiality of performance-related data in that all performance-related data is subject to disclosure pursuant to Florida Public Records Laws. All scorecards are the property of JEA. 1.7.43. Video Records [JEA-C349] *** Prior to any alterations to the Work Location, the Company shall video record the entire Work Location. The Company shall provide original video recording to the Contract Administrator no later than 15 days after the date of the Notice to Proceed. .~, When required by the technical specifications, the Company shall provide a monthly video record (on DVD) of construction progress to the JEA Project Manager. If construction is being conducted in different localities, then video shall be taken at each Work Location. The JEA Project Manager reserves the right to select the views to be video recorded. DVD(s) shall be labeled with record of date taken, JEA's assigned project tracking number, and a brief description oftimes and activity covered in the video. The Company shall take the progress video{s) between the 20th and 25th day of each month and submit the video(s) to the JEA Project Manager before the end of the 27th day of each month. If Company fails to submit the video(s) to the JEA Project Manager before the 28th day of each month, rEA reserves the right to have the video tape{s) taken by an independent Recording Company at the Company's expense. In addition, the Company shall provide unedited video(s) with superimposed timer and vocal commentary of the preconstruction and post construction conditions. Video(s) shall be DVD format and include both sides of the right-of-way and record close attention to paved and unpaved driveways and walkways; conditions of lawns, shrubs, flowers, flower beds, and trees; conditions of pavement, fences, signs, planters 24 and any other item within the area of the Work or adjacent right-of-way. The video(s) shall become a part of the Contract Administrator's and JEA Project Manager's permanent job records. The video(s) shall be indexed using the timer for locations by stationing and by street intersections. The video(s) shall include each waterway crossing. An upstream and downstream view of each bank at the point of crossing shall be taken recording the inertial zone and/or mean high water level. Also, a view of the line route shall be taken from each bank of the crossing and elsewhere as the JEA Project Manager may direct. Construction shall not begin until video recordings are approved by the JEA Project Manager. The video(s) shall depict wet conditions of the Work Location and surrounding areas whenever possible. 1.7.44. Weather Protection [JEA-C3S0] The Company shall provide proper facilities, take all necessary precautions and assume the entire cost for protecting the Work against weather conditions and for handling all storm, flood and ground water, sewage, or other seepage, that may be encountered during the performance of the Contract. The Company shall provide for such contingencies and for carrying on the Work in freezing weather by methods that meet with the approval of the JEA Engineer. If the Company fails to provide such protection, or in the event of an emergency, JEA may provide such protection at the Company's expense. 1.7.45. Work Information [JEA-C3S1] In the event the'Company requires additional information regarding the scope, technical specifications, Work Locations, personnel requirements, or other information pertinent to the Work or Contract, the Company shall request such information or clarifications from the Contract Administrator in writing. Within the bounds of JEA Representative's authority, JEA Representatives may provide requested information to the Company. 1. 7.46. Work Location Cleanliness [JEA-C352] The Company shall, at all times, keep the Work Location free from an accumulation of waste materials or rubbish caused by its operations. At the completion of the Work, the Company shall remove all waste materials and any rubbish from and about the project, as well as any tools, construction equipment, machinery and surplus materials. If the Company fails to clean up at the completion of the Work, JEA may do so as provided elsewhere in the Contract and charge the cost thereof to the Company. 1.7.47. Work Schedules [JEA-C353] The Approved Schedule is established on the basis of working five days per week, single shift, eight hours per day or four days per week, single shift, 10 hours per day. JEA may require the Companx to base its schedule on an accelerated Work schedule or multiple shifts. The Company shall not schedule work on Holidays without obtaining prior written approval from JEA. The Company shall, at no additional cost to JEA, increase or supplement its working force and equipment and perform the Work on an Overtime or multiple shift basis when directed by JEA and upon notification that the Company is behind schedule. The Company shall submit a revised schedule in writing demonstrating the Company's schedule recovery plans. The Company understands and agrees that the rate of progress set forth in the Approved Schedule already allows for ordinary delays incident to the Work. No extension of the Contract Time will be made for ordinary delays, inclement weather, or accidents, and the occurrence of such events will not relieve the Company from requirement of meeting the Approved Schedule. 25 1.7.48. Workmanship [JEA~C354] The Company shall perform all Work in a safe and professional manner, so as to render a neat and uniform appearance. The Company shall handle all material in such a way as to preserve its fmish and protective coatings from damage. General arrangement shall be in accordance w'ith JEA Distribution Construction Standards and shall be satisfactory to the Contract Administrator. 1.8. SECTION TITLE: JSEB CERTIFIED FIRMS [JEA~515] 6.8.1. Optional Use of Jacksonville Small Emerging Business (JSEB) Qualified Firms [JEA-C469] For the performance of the Work herein, the Company is not required, but is encouraged, to utilize the services of JSEB qualified fIrms, as addressed by the City of Jacksonville's and JEA's JSEB program. lfthe Company uses a JSEB qualifIed fIrm for the performance of any part of this Work, the Company shall submit to JEA, with its Invoice, a listing of JSEB qualified fInDS that have participated in the Work. Such listing shall be made using the form "List of JSEB Subcontractors" available at JEA.com. All questions and correspondence concerning the JSEB program should be addressed to: JSEB Coordinator, JEA, 21 W. Church Street CC-6, Jacksonville, FL 32202. 1.9. SECTION TITLE: JEA FURNISHED ITEMS [JEA-516] 1.9.1. Conditions of Provisioning [JEA-C356] The Company understands and agrees that it shall be solely responsible for providing everything necessary to perform the Work and to be in full compliance with the Contract Documents, except for those items specifically listed herein as being provided by JEA. Any use of JEA furnished items on non-JEA work is a breach of the Contract and a violation of the law. All JEA furnished items are the property of JEA when issued, stored by Company, and used in performance of the Work. The Company agrees that it shall use all JEA furnished items in a manner consistent with industry practice, codes, laws, considering the condition of the JEA furnished item, the skills of the individuals using the JEA furnished item, and all environmental conditions. The Company understands and agrees that where JEA and the Company shall share JEA furnished items, JEA usage shall always have priority over Company usage, and the Contract Administrator shall have sole authority to resolve any usage dispute and such resolution shall not result in any claim by Company. The Company agrees to return to JEA, and to the location as established by a JEA Representative, any unused or salvageable items prior to fmal payment. The Company agrees that JEA has the right to audit and investigate the Company at any time how the Company is using JEA furnished items. JEA will bill the Company for unaccountable JEA furnished material at the current JEA cost. " 1.9.2. Access to Work Locations [JEA-357] JEA will proVide, as indicated in the Contract Documents, and no later than the date when needed by the Company, access to the Work Location, including rights-of-way or access thereto, and such other lands that are designated for the Company's use. JEA will secure easements for permanent structures or permanent changes in existing facilities, unless otherwise specified in the Contract Documents. 1.9.3. Contract Documents [JEA-361] JEA will furnish a maximum of three complete sets of the Contract Documents, or portions requested thereof, upon request by Company. 26 1.9.4. JEA POlicy, Standards and Procedure Manuals [JEA-370] JEA will furnish one copy of JEA policy, standard and procedure manuals on an as needed basis upon the Company's request to the Contract Administrator. 1.9.5. Permits [JEA-379] **w JEA will obtain the following permits, approvals and licenses. . City of Jacksonville and FDOT right-of..way permits 1.9.6. Test Boring Allowance [JEA-459] JEA will provide funds as specified on the bid sheet to reimburse Company at cost for hiring one or more testing laboratory(ies) to perform all sampling, field testing and laboratory testing as specified herein, or as directed by the JEA Engineer. All testing is to be performed under the the direct supervision of a registered geotechnical engineer paid for with the allowance. The testing allowance is to be used for first tests only. Any retesting due to failed fITst tests shall be at Company's expense. Company shall clearly mark on its invoices costs associated with testing services identifying the cost to Company of the testing service. Company agrees to invoice JEA for testing services at its cost with no markup. 1.10. SECTION TITLE: FREIGHT, SHIPPING & STORAGE [JEA-517] 1.10.1. Damaged Materials or Equipment [JEA-C143] The Company shall report to the Contract Administrator any materials issued by JEA or delivered by the JEA material supplier and received by the Company that are later found to be faulty, damaged or discrepant in some manner. The Contract Administrator will obtain appropriate replacement materials upon written notification from the Contract Administrator. The Company shall not, under any circumstances, make a material replacement without written approval of the Contract Administrator. The Company understands and agrees that damage to material and discrepancy of material is an expected part ofperfonning the Work, and as such, the Company agrees it shall be solely responsible for any additional costs incurred as a result of damaged or discrepant materials, including, but not limited to, the costs to keep or get the Work on the Approved Schedule. JEA will bill the Company for materials or equipment that are damaged while in the Company's custody. In such a case, the Company shall be charged the current JEA cost plus an inventory handling fee. ~. 1.10.2. Material Delivered to Company Sites [JEA-C145] The Company shall be responsible for all unloading, handling and storage of Work-related materials at the Work Location. Where the Company is to use a JEA-designated supplier to d~liver materials to the Work Location, JEA will provide the Company, upon request, with contact names and information, along with required material lead-times. The Company is solely responsible for taking into account required material lead-times when planning its performance of the Work, and for communication and coordination of materials delivered to the Work Location by JEA suppliers. Where beneficial to JEA, the Company shall order quantities by truckload, unless otherwise permitted by the Contract Administrator. The Company shall be responsible for any additional delivery costs charged by the JEA material supplier for any Company delays. If, for any reason, the Company is unable to receive, unload, handle or store materials it has ordered or caused to be ordered, the Company shall be responsible for any and all additional costs incurred by JEA for unloading, handling, storing, or additional shipping costs. In such cases where JEA is receiving items when the Company is unable to, such receipt does not indicate JEA's Acceptance of items. 27 1.10.3. Salvage and Excess Materials and Equipment [JEA-C148] The Company shall protect salvaged or salvageable equipment and material from loss and damage. The Company shall protect excess materials and equipment provided by JEA to the Company for use in the Work from loss and damage. The Company shall inventory, sort ,and return salvage and excess materials, and shall weigh conductors. The Company shall return salvage and excess materials and equipment to the appropriate JEA Service Center accompanied by the Contractor Material Returns Form, in accordance with the JEA Inspector and the instructions and authorization of the JEA Storeroom Foreman. 1.10.4. Shipping to and Storage at Work Location [JEA-C152] Shipping Materials and equipment to be installed by the Company shall be delivered by the Company to the Work Location or such other place as may be designated by the Contract Administrator. Insofar as transportation conditions will allow, items shall be shipped complete and ready for installation. Where applicable, the Company shall be responsible for obtaining any permits required for transportation to the Work Location. The Company shall provide an Advance Ship Notice to the Contract Administrator or designated Work Location manager. Storage Under arrangement with the JEA Engineer, and upon his approval, a limited amount of temporary indoor storage space may be made available, but only for the equipment that must be protected from the weather. Equipment for which arrangements have been made for indoor storage, shall be packed separately and the container clearly marked "For Indoor Storage." For equipment that will be stored indoors and that will require special storage precautions, the storage instructions shall be shown on the outside of each container, or in a durable envelope identified as containing storage instructions and attached to the container. 1.1 0.5. Storage of Equipment [JEA-CI53] The Company shall be responsible for all storage of materials, equipment, vehicles, tools, and all other items associated with the Work. Such storage shall comply with applicable regulations appropriate for the items being stored to ensure suitable care for items and protection from theft, vandalism, or inappropriate use. The Company is solely responsible for the costs for such storage, unless otherwise indicated in the Contract Documents, and any costs associated with noncompliant storage including, but not limited to, loss and damage to items. In the event that JEA directs the Company to stop the Work, costs associated with storing equipment or materials will be compensated in accordance with the provisions stated herein in "Change in the Work" JEA-164. The Company shall ensure that JEA Representatives have access to Work-related storage on an as needed basis during regular work hours and Overtime. ,-;. 1.1 0.6. Title and Risk of Loss [JEA-CI54] JEA will retain the title to equipment and materials removed from lEA sites for repairs, service or duplication. Ownership, risks of damage to or loss of the Work shall pass to JEA upon Acceptance. The Company shall assume all risk of loss or damage to the Work while items are in transit and/or in the Company's custody until such time that JEA issues written notice of Acceptance. JEA's receipt or delivery of any equipment or other materials will not constitute JEA's Acceptance of the Work and will not constitute a waiver by JEA of any right, claim or remedy. In the event of loss or damage to the Work, the Company shall bear all costs associated with any loss or damage until Acceptance by JEA. 28 1.11. SECTION TITLE: INDEMNIFICATION AND INSURANCE REQUIREMENTS 1.11.1. Indemnification Company shall hold harmless, indemnify, and defend JEA against any claim, action, loss, damage, injury, liability, cost and expense of whatsoever kind or nature (including, but not by way of limitation, reasonable attorney's fees and court costs) arising out of injury (whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to the negligence, recklessness or intentional wrongful misconduct of the Company and any person or entity used by Company in the performance of this Contract or Work perfonned thereunder. For purposes of this Indemnification, the term "JEA" shall mean JEA as a body politic and corporate and shall include its governing board, officers, employees, agents, successors and assigns. This indemnification shall survive the term of a Contract entered into pursuant to this solicitation, for events that occurred during the Contract term. This indemnification shall be separate and apart from, and in addition to, any other indemnification provisions set forth elsewhere in this Contract. 1.11.2. Insurance Requirements Before starting and until acceptance of the Work by JEA, and without further limiting its liability under the Contract, Company shall procure and rnaintain at its sole expense, insurance of the types and in the minimum amounts stated below: Schedule Amount Workers' ComDensation Florida Statutory coverage and Employer's Liability Statutory Limits (Workers' Compensation) $500,000 each accident (Employer's Liability) Cornmercial General Liability Premises-Operations Products-Completed Operations Contractual Liability Independent Contractors Broad Form Property Damage Explosion, Collapse and Underground Hazards (XCU Coverage) as appropriate $1,000,000 each occurrence $2,000,000 annual aggregate for bodily injury and property damage, combined single limit Automobile Liability All autos-owned, hired, or non-owned $1,000,000 each occurrence, combined single limit Excess or Umbrella Liability $2,000,000 each occurrence and annual aggregate Company's Commercial General Liability and Excess or Umbrella Liability policies shall be effective for two years after Work is complete. The above Indemnification provision is separate and is not limited by the type of insurance or insurance amounts stated above. Company shall specify JEA as additional insured for all coverage except Workers' Compensation and Employer's Liability. Such insurance shall be primary to any and all other insurance or self-insurance maintained by JEA. Company shall include a Waiver of Subrogation on all required insurance in favor of JEA, its governing board, officers, employees, agents, successors and assigns. 29 Such insurance shall be written by a company or companies licensed to do business in the State of Florida and satisfactory to JEA. Prior to commencing any Work under this Contract, certificates evidencing the maintenance of the insurance shall be furnished to JEA for approval. Company's and its subcontractors' certificates of insurance shall be mailed to JEA (Attn. Procurement Services), Customer Care Center, 6th Floor, 21 West Church Street, Jacksonville, FL 32202-3139. The insurance certificates shall provide that no material alteration or cancellation, including expiration and non-renewal, shall be effective until 30 days after receipt of written notice by JEA. Any subcontractors of Company shall procure and maintain the insurance required of Company hereunder during the life of the subcontracts. Subcontractors' insurance may be either by separate coverage or by endorsement under insurance provided by Company. .Company shall submit subcontractors' Certificates of Insurance to lEA prior to allowing subcontractors to perform Work on JEA's job sites. 1.12. SECTION TITLE: CHANGES TO WORK [JEA-519] 1.12.1. Change in the Work [JEA-C164] To request or claim any change in the Work including, but not limited to change in scope, quantities, pricing, or schedules, the Company shall submit a letter to the Contract Administrator stating such request or claim. JEA shall have the right to approve or disapprove any request or claim for change as it deems necessary and in its best interests consistent with the other Contract requirements. Whether requested by the Company, claimed by the Company, or contemplated by JEA, no change shall be authorized unless made on a JEA Change Order signed by the Contract Administrator or through a formal written amendment to this Contract. In the event of an emergency endangering life or property where it is appropriate for the Company to take action, the Company shall undertake such actions to preserve life and property. JEA and the Company will determine after emergency is concluded, the extent of out-of-scope work performed by Company, and the Contract Administrator will issue a Change Order or amend the Contract for such work, if any and as necessary. All requests for changes filed by the Company shall be in writing delivered to the Contract Administrator within 10 working days of when the event that prompted the claim was discovered or should have been discovered. Upon receipt of the Company's claim notification, Contract Administrator will provide written direction as to the procedures that will be used to address the request. The Company's request shall be sufficiently detailed including itemized costs, condition and work descriptions and other information necessary to evaluate the merits of the claim. The Contract Administrator may rej ect requests providing insufficient supporting information. Any change in the Contract resulting from the request will be incorporated into the Contract via a Change Order or Purchase Order. Where JEA and the Company are unable to reach a mutually acceptable resolution of request, JEA's determination will be fmal. Where necessary, JEA will determine the value of work covered by a Change Order using one of the following methods: a. Where the work is covered by established Unit Prices contained in the Contract, the Unit Price will be applied to the quantity of work, b. By mutual acceptance of lump sum price, c. By actual cost and a mutually acceptable fixed amount for overhead and profit, or Where Bid Price was based on estimates quantities, prior to making fmal payment, lEA will determine actual quantities using sampling, surveying and other industry recognized means and prepare a Change Order adjusting the price to reflect actual volumes. 30 The Company shall immediately notify the Contract Administrator in writing of any unauthorized change in the scope of the Work or significant change in the quantities of the Work that may increase the Contract Price, require an extension of Work schedule, or negatively impact permitting or other regulatory requirements. The Work schedule may be changed only by a Change Order or Purchase Order. The Company's request or claim for a Work schedule acljustment shall be in writing delivered to the Contract Administrator within five working days following the discovery of the event that prompted the claim or when the event should have been discovered. Where accepted by JEA, changes to Work schedule will only adjust for critical path impacts. Failure to include the necessary critical path analysis with request shall be grounds for rejecting the claim. The patb of critical events mentioned herein means the series of interdependent Work events that must be sequentially performed and that require a longer total time to perform than any other such series. Upon receipt of the Company's request for a change in the Work schedule, the Contract Administrator will provide any additional directipns in writing detailing the procedures that will be used to resolve the request, including provision of time impact or manpower and equipment loading schedules. Where JEA and the Company are unable to reach a mutually acceptable resolution of request, JEA will make a commercially reasonable determination, made in accordance with JEA's Purchasing Code, which shall be final. All Work defined on Change Orders shall be subject to the conditions of the Contract, unless specifically noted on the Change Order. 1.12.2. Company Review of Project Requirements [JEA-C165] The Company shall review the Work requirements and specifications prior to commencing Work. The Company shall immediately notify tbe Contract Administrator in writing of any conflict with applicable law, or any error, inconsistency or omission it may discover. JEA will promptly review the alleged conflicts, errors, inconsistencies or omissions, and issue a Change Order or Purchase Order as appropriate if JEA is in agreement with the alleged conflict, and issue revised specifications. Any Work the Company performs prior to receipt of approved Change Order will be at the Company's sole risk. . 1.12.3. No Damage for Delay [JEA-C160] Damage, loss, expense or delay incurred or experienced by the Company in the prosecution of the Work by reason of unforeseen circumstances, unanticipated difficulties and obstructions, bad weather, or other mischances that are generally considered to be a part of the usual hazards associated with Work, shall be borne entirely by the Company and shall not be the subject of any claim for additional compensation or change in Approved Schedule. The Company agrees that its sole remedy for any claims, damages or losses related to any delay, disruption or hindrance alleged to be caused by JEA or any of JEA's agents or other contractors, shall b~.an extension of the Contract completion date. Any demand for equitable adjustment must be served in writing to JEA within five days of the event giving rise to any delay, disruption or hindrance. Any request for an equitable adjustment shall be accompanied by a logical time impact analysis, demonstrating the nature and magnitude of the event to the critical path. Failure to strictly comply with these requirements shall be deemed a waiver of any right to seek equitable adjustment. In the event the "no damage for delay" clause is inapplicable, there shall be no recovery for home office overhead and any damages claimed shall be proven by discreet accounting of direct project costs and no theoretical formula or industry estimating reference manuals shall be permissible. 31 1.12.4. Notification of Surety [JEA-CI67] The Company shall notify its surety of any changes affecting the general scope ofthe Work or altering the Contract Price. The amount of the applicable bonds shall be adjusted accordingly and the Company shall furnish proof of such adjustment to JEA within 10 days of date of Purchase Order. 1.12.5. Supplemental Work Authorizations (SW A) [JEA-538] The JEA Representative will issue a written SW A to incorporate cost or schedule changes into the Contract. Issuance of an SW A is solely at the discretion of the JEA Representative. The SW A shall be used for increases or decreases in the Contract price, within the SW A amount set forth in the Bid, or to make changes in schedule for performance of the Work. An SWA shall authorize the Company to perform changes in the Work. The Company shall not start on SWA work until the Company receives a fully authorized, written SW A form, signed by the appropriate JEA personnel- the Company shall not consider verbal statements as authorization to proceed with the changes. The Company should not expect that any SW As will be issued. JEA shall have no obligation to pay for SW A work unless the same is performed pursuant to a written SW A form signed before the SW A work is commenced. Agreed Upon Lump Sum Method The Company and the JEA Representative shall mutually agree to the pricing of an SW A. Any negotiated increase or decrease in the Contract Price shall be based on the Company's costs for labor, materials and supplies directly applicable to the increase or decrease plus 10% thereof for Company's supervision, overhead, bonds and profit. For any negotiated increase or decrease, the Company will provide a complete detailed breakdown for all labor, material, and equipment, etc. associated with the change. A lump sum figure submitted with no breakdown will be returned to the Company without review. Cost Reimbursable (Time and Materials) Method Whenever the Company and the JEA are unable to agree on costs for an increase in the Work, JEA or JEA Representative shall order the Company to proceed with the Work on a cost reimbursable (time and material) basis. JEA will pay the Company for the SW A work in the manner hereinafter described, and the compensation thus provided shall constitute full payment for said work. JEA shall issue the SW A for the Company to perform the specific work with payment determined as follows: For materials purchased by the Company and used in the work, the Company shall be paid the actual cost of such materials, including sales taxes if required, and freight and delivery charges as shown by original receipted bills. A mark-up amount equal to 10% of the sum thereof shall be added to this cost. JEA reserves the right to select and approve, or to reject the materials to be used and the sources of supply of any materials furnished by the Company. The Company will be paid the cost of wages for all labor that is engaged in the Work, plus the actual cost chargeable to the Work for workers' compensation insurance, social security taxes, unemplo:y,ment compensation insurance and such additional amounts as are paid by the Company. A total mark-up shall be added equal to 10% of wages and other cost listed above. ill evidence of the costs of labor the Company shall provide a certified statement of wages actually paid, together with copies of supporting payrolls. Wage fates used in determining the amount of the payment will be the actual wage rates paid by the Company for Work under this Contract, except that no rate used shall exceed the rate of comparable labor currently employed on the project. Payment for the services offoremen in direct charge of the specific operation will be made. Payment for the service of superintendents, timekeepers or other overhead personnel will not be made nor will payment for the services of watchmen be made unless required specifically by the SWA Work. The actual function performed by an employee rather than its payroll title will be the criterion used in determining the eligibility of an employee's services for payment under this provision. The types and amounts of equipment and machinery used by the Company in carrying out its work under the SW A shall be made in keeping with normal practice for work of similar nature. JEA may, at its 32 discretion, limit by specific instruction the types and amounts of equipment and machinery to be used. For all equipment and machinery used in the SWA work, JEA will pay 80% of the rental value as set forth in the Blue Book value or actual cost, whichever is lells, to which no mark-up percentages will be added. In computing the hourly rental of such equipment, less than 30 minutes shall be considered 1/2 hour except when the minimum rental time to be paid is one hour. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment to be paid for shall be the time the equipment is in operation on the SW A work being performed. The Company shall be reimbursed for the time required to move the equipment to the Work, and return it to its original location, only if the Company is charged this cost by the renting agency. No payment will be allowed for the use of small tools and minor items of equipment, which, as used herein, are defined as individual to,oIs or pieces of equipment having a replacement value of $500.00 or less. The Company and JEA Representative shall compare records of the Work performed on a Cost Reimbursable basis at the end of each day. These records shall be prepared by the Company and shall be signed by both JEA and the Company Representative. A copy of these records shall be submitted to JEA with the invoice for the work. Payment for cost reimbursable SW A work will be included in monthly progress payments. The Company's Subcontractors will be allowed a 10% mark-up on Work performed by their own forces. The Company will be allowed a 5% mark-up on the Subcontractor's costs (Le. labor and materials) only, no mark-up on the Subcontractor's profit. Force Account Procedures JEA may, at its sole discretion, implement force account procedures in order to limit the costs for performance of SW A work. For force accoWlt work, JEA will utilize the cost reimbursable method described herein, in addition to the following terms. When approved in advance in writing by the Contract Administrator, the Company may include towing or transporting costs when the equipment is moved by means other than its own power. No payment will be made for moving time, towing or transporting the equipment if the equipment is used at the Work Location to perform Work that is not part of the force account work. JEA will pay the Company the actual costs, with no percentages added for additional premiums on the Payment and Performance Bonds resulting from the inclusion of force account work and for additional premiums paid on public liability and property damage insurance resulting from extra hazard inherent in the force account work beyond the hazard normally encountered in Work upon the Company presentation of evidence from its bonding and insurance carriers. " '.- The provisions above cover payment for the cost of additional premiums paid on workers' compensation insurance by reason of extra hazard introduced into the Company's operations by the force account work, except that any claims the Company makes for additional cost of a higher insurance rate to any portion of the payroll beyond that chargeable to the force account work must be substantiated by evidence from the Company's insurance carrier. The Company shall provide a certified statement of wages paid and supporting payrolls, and copies of equipment rental charges and bills for materials as evidence of the costs of labor, equipment and materials for which payment is to be made under the force account order. The Company shall provide all such documentation to support its claims and agrees that JEA shall have the right to audit the Company's fmancial and operating documents to ensure compliance with this requirement. All work performed under the force account procedure shall be provided and executed in a commercially sound manner using competitive bidding or negotiations, and other cost management procedures to ensure all amounts charged to JEA minimize the JEA costs for such work. 33 1.12.6. Suspension of Work [JEA-C477] JEA may suspend the perfonnance of the Work rendered by providing the Company with five days written notice of such suspension. Schedules and compensation for perfonnance of the Work shall be amended by mutual agreement to reflect such suspension. In the event of suspension of Work, the Company shall resume the full performance of the Work when JEA gives written direction to do so. Suspension of Work caused by the Company's sole negligence or failure to perform shall not affect the Company's compensation as outlined in the Contract Documents. 1.12.7. Unauthorized Work [JEA-C168] JEA will consider any Work done without lines and grades given, Work done beyond the lines and grades shown on the Contract or as given, or any extra Work done without written authority, as unauthorized Work and will not pay the Company for such Work. If so ordered by the Contract Administrator, the Company shall remove such Work and properly replace it at the Company's own expense. 1.13. SECTION TITLE: LABOR [JEA-520] 1.13.1. Company's Labor Relations [JEA-C169] The Company shall negotiate and resolve any disputes between the Company and its employees, or anyone representing its employees. The Company shall immediately notify JEA of any actual or potential labor dispute that may affect the Work and shall infonn JEA of all actions it is taking to resolve the dispute. 1.13.2. Minimum Qualifications of Company Personnel [JEA-CI70] All Company personnel shall be at a minimum qualified for the tasks they are assigned. All Company personnel shall be able to read, write, speak and understand English. All Company personnel shall act in a professional manner, with due sensitivity to other persons at the Work Location. If JEA, at its sole discretion, determines that a Company person is unqualified, unfit, or otherwise unsuitable for the tasks assigned, the Company shall immediately stop the person from perfonning the tasks, and replace the person. with a qualified individual. The Company shall pay all costs associated with replacing the unqualified person including, but not limited to, termination, recruiting, training, and certification costs. The Company personnel assigned supervisory roles, and those with increased authority shall be held to strict scrutiny of their qualifications and suitability for their positions. In addition to the other provisions of this clause, the Company shall provide written documentation as to experience, education, licenses, certifications, professional affiliations, and other qualifications of the individual, within one day of request from the Contract Administrator. Any changes to such personnel after approval shall require.:Jhe written permission of the Contract Administrator. . 1.13.3. Nondiscrimination lJEA-C171] The Company represents that it has adopted arid will maintain a policy of nondiscrimination against employees or applicants for employment on account of race, religion, sex, color, national origin, age or handicap, in all areas of employee relations, throughout the Tenn of this Contract. The Company agrees that on written request, it will allow JEA reasonable access to the Company's records of employment, employment advertisement, application fonns and other pertinent data and records for the purpose of investigation to ascertain compliance with the nondiscrimination provisions of this Contract; provided however, the Company shall not be required to produce, for inspection, records covering periods of time more than one year from the effective date of this Contract. The Company shall comply with the following executive orders, acts, and all rules and regulations implementing said orders or acts, which are by this reference incorporated herein as if set out in their 34 entirety: the provisions of Presidential Order 11246, as amended, and the portions of Executive Orders 1170 I and 11758 as applicable to Equal Employment Opportunity; the provisions of section 503 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act (ADA); and the provisions of the Employment and Training of Veterans Act, 38 D.S.C. 4212 (formerly 2012). The Company agrees that if any of the Work of this Contract will be performed by a Subcontractor, then the provisions of this subsection shall be incorporated into and become a part of the subcontract. 1.13.4. Payment of Overtime [JEA-Cl72] Intentionally left blank. 1.13.5. Scheduling of Overtime [JEA-C173} Intentionally left blank. 1.13.6. Show-Up Pay [JEA-C174] In the event that inclement weather prevents the Company from performing Work, the Company tnay be obligated to pay its crew a show-up pay. The Company shall be solely responsible for providing this pay. 1.14. SECTION TITLE: RIGHTS & REMEDIES [JEA-521] 1.14.1. Intellectual Property [JEA-C175] The Company grants to JEA an irrevocable, perpetual, royalty free and fully paid-up right to use (and such right includes, without limitation, a right to copy, modify and create derivative works from the subject matter of the grant of the right to sublicense all, or any portion of, the foregoing rights to an affiliate or a third party service provider) the Company's intellectual property (including, without limitation, all trade secrets, patents, copyright and know-how) that is contained or embedded in, required for the use of, that was used in the production of or is required for the reproduction, modification, maintenance, servicing, improvement or continued operation of any applicable unit of Work. If the Work contains, has embedded in, requires for the use of any third party intellectual property, or if the third party intellectual property is required for the reproduction, modification, maintenance, lj.Crvicing, improvement or continued operation of the Work, the Company shall secure for JEA an irrevocab Ie, perpetual, royalty free and fully paid-up right to use all third party intellectual property. The Company shall secure such right at its expense and prior to incorporating any third party intellectual property (including, without limitation, all trade secrets, patents, copyright and know-how) into any Work, including, without limitation, all drawings or data provided under the Contract, and such right must include, without limitation, a right to copy, modify and create derivative works from the subject matter of the grant of the right and a right to sublicense all or any portion of the foregoing rights to an affiliate or a third party service provider. Should JEA, or any third party obtaining such work product through JEA, use the Work or any part thereof for any purpose other than that which is specified herein, it shall be at JEA's sole risk. The Company will, at its expense, defend all claims, actions or proceedings against JEA based on any allegation that the Work, or any part of the Work, constitutes an infringement of any patent or any other intellectual property right, and will pay to JEA all costs, damages, charges, and expenses occasioned to 35 JEA by reason thereof. JEA will give the Company written notice of any such claim, action or proceeding and, at the request and expense of the Company, JEA will provide the Company with available information, assistance and authority for the defense. If, in any action or proceeding, the Work, or any part thereof, is held to constitute an infringement, the Company will forthwith either secure for JEA the right to continue using the Work or will, at the Company's expense, replace the infringing items with non-infringing Work or make modifications as necessary so that the Work no longer infringes. The Company will obtain and pay for all patent and other intellectual property royalties and license fees required in respect of the Work. 1.14.2. Offsets [JEA-C176] In case the Company is in violation of any requirement of the Contract, JEA may withhold payments that may be due the Company, and may offset existing balances with any JEA incurred costs against funds due the Company under this and any other Company Contract with JEA, as a result of the violation, or other damages as allowed by the Contract Documents and applicable law. 1.14.3. Proprietary Information [JEA-C178] The Company shall not copy, reproduce, or disclose to third parties, except in connection with the Work, any information that JEA furnishes to the Company. The Company shall insert in any subcontract a restriction on the use of all information furnished by JEA. The Company shall not use this information on another project. All information furnished by JEA will be returned to JEA upon completion of the Work. 1.14.4. Removal of Work [JEA-C179] The Company shall not sell, assign, mortgage, hypothecate or remove Work that has been delivered to or installed at the Work Location. 1.14.5. Right to Audit and Financial Reporting [JEA-C327] Upon JEA's requests, the Company agrees to allow JEA to audit its financial and operating records for the purpose of determining Invoice accuracy, or otherwise assessing compliance with the Contract Documents. The Company agrees to let JEA personnel, or their qualified representative access the records at Company's office, with three days written notice, for a reasonable period, not less than five days, in a workspace suitab Ie for the audit provided by Company. All audit work will be done on Company premises, and no Company documentation will be removed from Company offices. The Company agrees to hl!,ve knowledgeable personnel available to answer questions for the auditors during the time they ~'re at the Company's offices and for a period of two weeks thereafter. The Company shall provide to JEA audited fmancial statements for the most recent fiscal year upon JEA's request, not later than five days after receipt of written request. 1.14.6. Title to Materials Found [JEA-C181] JEA shall retain the title to water, mineral matter, timber and any other materials that the Company, or its Subcontractors, encounter during the excavation or other operations of the Work. The Company shall use or dispose of this material in accordance with the Contract or written instructions from the Contract Administrator. Any materials found in the excavation, or other operations of the Company, that are of archaeological or historical value shall be left in place. The Company shall immediately notify JEA of the fmd and shall take no further action until directed by JEA. 36 1.15. SECTION TITLE: REPRESENT A TIONS & WARRANTIES [JEA-522] 1.15.1. Company's Knowledge of the Work [JEA-C183] The Company represents that the Contract Price and the detailed schedule for the execution of the Work are based on its OWIJ. know ledge and judgment of the conditions and hazards involved, and not upon any representation of JEA. JEA assumes no responsibility for any understanding or representation made by any of its representatives during or prior to execution of the Contract unless such understandings or representations are expressly stated in the Contract and the Contract expressly provides that JEA assumes the responsibility. 1.15.2. Company's Plans and Specifications .[JEA-C184] All plans and specifications that the Company provides for any building, structure, system or equipment where required by federal, state, local laws and regulation as part of the Work shall bear the seal of a professional engineer duly registered in the State of Florida at no cost to JEA. 1.15.3. Company's Warranties [JEA-C185] *** The Company unconditionally warrants to JEA for a period of not less than 2 years from the earlier of Acceptance or Substantial Completion and beginning ofnonnal use by JEA. whichever is earlier, that all Work furnished under the Contract including, but not limited to, materials, equipment, worlananship, and intellectual property, including derivative works will be: performed in a safe, professional and workman like manner; free from Defects in design, material, and workmanship; fit for the use and purpose specified or referred to in the Contract; suitable for any other use or purpose as represented in writing by the Company; in conformance with the Contract Documents; and merchantable, new and of first-class quality. The Company warrants that the Work shall conform to all applicable standards and regulations promulgated by federal, state, local laws and regulations, standards boards, organizations of the Department of State, and adopted industry association standards. If the Work fails to conform to such laws, rules, standards and regulations, JEA may return the Work for correction or replacement at the Company's expense, or return the Work at the Company's expense and cancel the Contract. If the Company performs services that fail to conform to such standards and regulations the Company shall make the necessary corrections at Company's expense. JEA may correct services to comply with standards and regulations at the Company's expense if the Company fails to make the appropriate corrections within a re~onable time. If Work includes items covered under a manufacturers or Subcontractor's warranty that exceeds the requirements stated herein, Company shall transfer such warranty to JEA. Such warranties, do not in anyway limit the warranty provided by the Company to lEA. If, within the warranty period, JEA determines that any of the supplies are defective or exhibit signs of deterioration, in the opinion of JEA, the Company, at its own expense, shall repair, adjust, or replace the defective Work to the complete satisfaction of JEA. The Company shall pay ail costs of removal, transportation, reinstallation, repair, and all other associated costs incurred in connection with correcting such Defects in the Work. The Company shall correct any Defects only at times designated by JEA. The Company shall extend the warranty period an additional 12 months (36 months total) for any portion of the Work that has undergone warranty repair or replacement. When operational conditions warrant, JEA may repair or replace any defective equipment at the Company's expense. JEA may repair or replace any defective Work at the Company's expense when the Company fails 37 to correct the Defect within a reasonable time of receiving written notification of the Defect by JEA, when the Company is unable to respond in an emergency situation, or when necessary to prevent JEA from substantial fmancial loss. Where JEA makes repairs or replaces defective Work, JEA will issue the Company a written accounting and invoice of all such work to correct Defects. The Company's liability to JEA for the costs of removal, transportation, reinstallation, and all other associated costs incurred in connection with correcting Defects in the Work will be limited to 1.5 times the original installed purchase price of the specific Work. Where spaTe parts may be needed, Company warrants that spare parts will be available to JEA for purchase for at least 75 percent of the stated useful life of the product. The Company's warranty excludes remedy for damage or Defect caused by abuse, improper or insufficient maintenance, improper operation, or wear and tear under normal usage. Where JEA intends to perform a warranty inspection, JEA will notify the Company and the Company Representative shall attend the inspection. 1.15.4. Competent Performance of the Work [JEA-C186) The Company represents that it will conduct the Work in a manner and with sufficient labor, materials and equipment necessary to affect a diligent pursuance of the Work through Final Completion. If, in the sole opinion of JEA, the Company fails to perform the Work as represented, JEA may, at its sole discretion, take charge of the Work and furnish and provide the labor, materials, and equipment necessary to complete the Work as planned within the required time if JEA deems the organization of the Company or its management, or the manner in which Company is performing the Work, to be manifestly incompetent or inadequate to complete the Work as specified. The Company shall pay JEA for the cost of all such Work completed by JEA. 1.15.5. Encroachment on Outside Property [JEA-CI87] The Company warrants that it shall not encroach on any rights or property of the public or adjoining property owners and shall hold JEA harmless because of any encroachments that may result from the Company's lack of proper layout. If such an encroachment occurs, the Company agrees to remove any Work or portion thereof, that encroaches on the property of others, or that is built beyond legal building or setback limits, and shall rebuild the affected Work, or portion thereof, at the proper location, all without extra cost to JEA. 1.15.6. Free and Clear Title [JEA-CI88] The Company warrants that it has title to all equipment and materials furnished under the Contract where title will pass to JEA, and that the equipment and materials passed to JEA are free and clear of all liens, claims, security interests and encumbrances. 1.15.7. Performance of the Work [JEA-C189] The Company represents and warrants that it has the full corporate right, power and authority to enter into the Contract and to perform the acts required of it hereunder, and that the performance of its obligations and duties hereunder does not and will not violate any Contract to which the Company is a party or by which it is otherwise bound. The Company warrants that all items provided under the Contract shall be free from Defect and services shall be performed in a professional manner and with professional diligence and skill, consistent with the prevailing standards of the industry. The Company warrants that the Work will meet the functional and performance requirements defmed in the Contract. 38 1.15.8. Safety Representation [JEA-C190] The Company represents and warrants to JEA that it has the capacity to train and supervise its employees, Subcontractors and suppliers to ensure the Work complies with all safety requirements of the Contract Documents. The Company shall be responsible for executing the necessary safety training and supervision of its employees and Subcontractors, and acknowledges that JEA is not responsible for training or supervising the Company's employees, except when noted for the purpose of enforcing compliance with these safety requirements. 1.16. SECTION TITLE: TERM & TERMINATION [JEA-523] 1.16.1. Term of Contract - (Defined Dates) [JEA-C193] *** The initial term of this Contract will be three (3) years from the Effective Date of the Contract (the "Initial Term"). JEA may, at its sole discretion, offer renewal options, subject to availability of lawfully appropriated funds. Each renewal option is for a one (1) year period (each, a "Renewal Term", together with the Initial Term, the "Term") and may be exercised up to two (2) times. If Company desires to renew the Contract, Company must provided JEA with written notice sixty (60) days prior to expiration of the Contract JEA's decision to renew will be based on the performance of the Company and current market conditions at that time. Prices will remain firm for the initial term. At the end of the initial term and each renewal terms, if any, JEA will evaluate prices as well as other performance measures. Price changes will be negotiated on changes such as market conditions, value-added services provided, meeting of goals andlor changes to applicable price indices. JEA in general expects to see a decline in prices on renewals as renewal periods incur no startup costs, the Company is already familiar with the Work, and the Company has had the opportunity to engage in process and performance improvement actions related to the Contract. 1.16.2. TerminatioIl for Convenience [JEA-C194] JEA shall have the absolute right to terminate in whole or part the Contract, with or without cause, at any time after A ward upon written notification of such termination. In the event of termination for convenience, JEA will pay the Company for all disbursements and expenses that the Company has incurred, or those for which it becomes obligated prior to receiving JEA's notice of termination. JEA will also pay the Company costs incurred less the reasonable resale value, of materials or equipment that the Company has already ordered, obtained or fabricated in connection with the Contract. Upon receipt of such notice of termination, the Company shall stop the performance of the Work hereunder except as may be necessary to carry out such termination and take any other action toward termination of the Work that JEA may reasonably request, including all reasonable efforts to provide for a prompt and efficient transition as directed by JEA. lEA will have no liability to the Company for any cause whatsoever arising out of, or in connection with, termination including, but not limited to, lost profits, lost opportunities, resulting change in business condition, except as expressly stated within these Contract Documents. 1.16.3. Termination for Default (Bond) [JEA-C195] *** JEA may give the Company written notice to discontinue all Work under the Contract in the event that: - The Company assigns or subcontracts the Work without prior written permission; - Any petition is filed or any proceeding is commenced by or against the Company for relief under any 39 bankruptcy or insolvency laws; - A receiver is appointed for the Company's properties or the Company commits any act of insolvency (however evidenced); - The Company makes an assignment for the benefit of creditors; - The Company suspends the operation of a substantial portion of its business; - The Company suspends the whole or any part of the Work to the extent that it impacts the Company's ability to meet the Work schedule, or the Company abandons the whole or any part of the Work; - The Company, at any time, violates any of the conditions or provisions of the Contract Documents, or the Company fails to perform as specified in the Contract Documents, or the Company is not complying with the Contract Documents. - The Company attempts to willfully impose upon JEA items or workmanship that are, in JEA's sole opinion, defective or of unacceptable quality. - The Company breaches any ofthe representations or warranties - The Company is determined, in JEA's sole opinion, to have misrepresented the utilization of funds or misappropriate property belonging to JEA. - Any material change in the fmancial or business condition of the Company. If, within 24 hours after service of such notice upon the Company, an arrangement satisfactory to JEA has not been made by the Company for continuance of the Work, the JEA may terminate the Contract. Once a Company is declared in default, the surety shall assume the Company's place in all respects and shall be paid by JEA all monies, if any, due the Company at the time of such notice to discontinue, or any monies thereafter that may become due the Company in accordance with the terms of the Contract. If the Company fails to make arrangements satisfactory to JEA within 3 months after service to the Company of a notice to discontinue Work, and in the case where a Payment and Performance Bond is in effect, the surety has not exercised its option, then without further notice to the Company or the surety, JEA may terminate the Contract and shall have the power to complete the Work herein described as it may determine. In such a case, JEA shall have the right to take possession of and use any of the materials, plant, tools, equipment, supplies and property of any kind provided by the Company for the purpose of this Wark. JEA will charge the expense of completing the Work to the Company and will deduct such expenses from monies due, or which at any time thereafter may become due, to the Company. If such expenses are more than the sum that would otherwise have been payable under the Contract, then the Company shall pay the amount of such excess to JEA upon notice of the expenses from JEA. JEA shall not be required to obtain the lowest price for completing the Work under the Contract, but may make such expenditures that, in its sole judgment, shall best accomplish such completion. JEA will, however, make reasonable efforts to mitigate the excess costs of completing the Work. The Contract Documents shall in no way limit JEA's right to all remedies for nonperformance provided under law or in equity, except as specifically set forth herein. In the event oftermination for .~. nonperformance, the Company shall immediately surrender all Work records to JEA. In such a case, JEA may set off any money owed to the Company against any liabilities resulting from the Company's nonperformance. JEA has no responsibility whatsoever to issue notices of any kind, including but not limited to deficient performance letters and scorecards, to the Company regarding its performance prior to default by Company for performance related issues. JEA shall have no liability to the Company for termination costs arising out of the Contract, or any of tbe Company's subcontracts, as a result of termination for default. 40 1.17. SECTION TITLE: GENERAL TERMS & CONDITIONS [JEA-524] 1.17.1. Ambiguous Contract Provisions [JEA-C196] The parties. agree that this Contract has been the subject of meaningful analysis and/or discussions of the specifications, terms and conditions contained in this Contract. Therefore, doubtful or ambiguous provisions, if any, contained in this Contract will not be construed against the party who physically. prepared this Contract. The rule commonly'known as "Fortius Contra Proferentum" will not be applied to this Contract or any interpretation thereof. 1.17.2. Amendments [JEA-C197] This Contract may not be altered or amended except in writing, signed by JEA Procurement, the Company Representative, or their duly authorized representatives. 1.17.3. Choice of Law [JEA-C198] This Contract, and the rights and duties of the parties arising from or relating to this Contract or its subject matter, shall be construed in accordance with the laws of the State of Florida, and the ordinances of the City of Jacksonville without regard to its conflicts of laws provisions. Each of the parties irrevocably submits to the exclusive jurisdiction of the courts of Florida, and further agree that the venue for any legal action brought by or files against JEA relating to any matter arising under this Contract shall be exclusively in that state or federal court,.sitting in Duval county, Florida that has jurisdiction over such legal actions. 1.17.4. Confidentiality and Public Record Laws [JEA-574] Any information disclosed by one party ("Disclosing Party") to the other party ("Recipient") in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the Work to providers of goods and services for the engagement to the extent such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ii) is or becomes publicly known through no wrongful act or failure of the Recipient; (Hi) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party which is not under and does I),ot thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidentiai'mformation at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that JEA is a body politic and corporate that is subject to Chapter 119, Florida Statutes, and related statutes known as the "Public Records Laws". If a request is made to view such Confidential Information, JEA will notify Company of such request and the date that such records will be released to the requester unless Company obtains a court order enjoining such disclosure. If the Company fails to obtain that court order enjoining disclosure, JEA will release the requested information on the date specified. Such release shall be deemed to be made with the Company's consent and will not be deemed to 41 be a violation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In the event the Company breaches this Contract, then the Company hereby grants JEA a limited license to use the Confidential Information in any reasonable way in order to mitigate JEA's damages. 1.17.5. Conflict and Order of Precedence [JEA-C199] The Contract shall consist of JEA's Contract or Purchase Order together with these specifications and conditions including, but not limited to, the executed Bid Document, which shall be collectively referred to as the Contract Documents. This Contract is the complete agreement between the parties. Parol or extrinsic evidence will not be used to vary or contradict the express terms of this Contract. The Contract Documents are complementary; what is called for by one is binding as if called for by all. The Company shall, upon discovery, infonn JEA in writing of any conflict, error or discrepancy in the Contract Documents. Should the Company proceed with the Work prior to written resolution of the error or conflict by JEA, all Work done is at the sole risk of the Company. JEA will generally consider this precedence of the Contract Documents in resolving any conflict, error, or discrepancy: - Executed Change Orders / Amendments - Contract - Purchase Orders - Technical Specifications and Drawings, Exhibits & Attachments - Bid Document - References The figure dimensions on drawings shall govern over scale dimensions. Contract and detailed drawings shall govern over general drawings. The Company shall perform any Work that may reasonably be inferred from the Contract as being required whether or not it is specifically called for. Work, materials or equipment described in words that, so applied, have a well-known technical or trade meaning shall be taken as referring to such recognized standards. 1.17.6. Cumulative Remedies [JEA-C200] Except as otherwise expressly provided in this Contract, all remedies provided for in this Contract shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise. 1.17.7. Entire Agreement [JEA-C201] This Contract contains all of the understandings and agreements of the parties hereto in respect of the subject matter hereof as of the Contract date. Any and all prior understandings and agreements, expressed or implied, between the parties hereto in respect of the subject matter hereof shall be superseded hereby, Parol or extrinsic evidence will not be used to vary or contradict the express terms of this Contract. 1.17.8. Expanded Definitions [JEA-C202] Unless otherwise specified, words importing the singular include the plural and vice versa and words importing gender include all genders. The term "including" means "including without limitation", and the terms "include", "includes" and "included" have similar meanings. Any reference in this Contract to any other agreement is deemed to include a reference to that other agreement, as amended, supplemented or restated from time to time. Any reference in the Contract to "all applicable laws, rules and regulations" means all federal, state and local laws, rules, regulations, ordinances, statutes, codes and practices, 42 1.17.9. Force Majeure [JEA-C203] No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that: (a) the non-performing party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default or delay could not have been reasonably circumvented by the non- performing party through the use of alternate sources, work-around plans or other means. Such causes include, but are not limited to: act of civil or military authority (including but not limited to courts or administrative agencies); acts of God; war; terrorist attacks; riot; insurrection; inability of JEA to secure approval, validation or sale of bonds; inability of JEA or the Company to obtain an)' required permits, licenses or zoning; blockades; embargoes; sabotage; epidemics; fires; hurricanes, tornados, floods; or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including the payment of monies if such event actuany prevents payment) shall be extended for a period oftime reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or nonperformance resulting from such causes, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or nonperformance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 1.17.10. Hand Digging Around Trees, Tree Trimming, Arborist Services and Tree Removal [JEA- 57S} No separate measurement and payment shall be made for hand digging around trees, tree trimming, and provision of arborist services, but all cost shall be included in the associated item of work in the bid form. Hand digging, tree trimming, and arborist services shall include but not be limited to all labor, equipment and supervision required to successfully hand dig or trim tree branches where tree roots or branches may be destroyed or injured due to the Work. Item shall include services of a certified arborist as required by the City landscape architect to ensure minimal or no damage to tree canopy or root system. If the tree canopy or root system is damaged, the Company, at its own expense, shall repair, restore, or replace the tree at the direction of the arborist. The Company shall review the drawings and visit the Work area prior to the bid to satisfy itself as to the amount of tree removal and disposal to be performed to complete the Work, and the extent of tree trimming required to perform the work. All tree mitigation costs shall be borne by the City of Jacksonville. Trees identified on the drawings for removal shall not be paid for separately, but all associated cost for removal and disposal and subsequent compacted soil backfill replacement shall be included in the, associated item of the work. :'f 1.17.11. Headings [JEA-C204] The division of this Contract into sections, the insertion of headings and/or index numbers and the provision of a tab Ie of contents are for convenience of reference only and are not to affect the construction or interpretation of this Agreement. 1.17.12. Language and Measurements [JEA-C20S] All communication between the Company and JEA, including all documents, notes on drawings, and submissions required under the Contract, will be in the English language. Unless otherwise specified in the Contract, the US System of Measurements shall be used for quantity measurement. All instrumentation and equipment will be calibrated in US System of Measures. 43 1.17.13. Non~waiver [JEA-C207] Failure by either party to insist upon strict performance of any of the provisions of the Contract will not release either party from any of its obligations under the Contract. 1.17.14. Notices and Correspondence [JEA-C208] *** All notices required or permitted under this Contract shall be in writing and shall be deemed received if sent by one of the following means: (a) upon receipt if delivered by hand; (b) one day after being sent by an express courier with a reliable system for tracking delivery; (c) three days after being sent by certified or registered frrst class mail, postage prepaid and return receipt requested; or (d) upon confinned facsimile transmission provided that a copy shall be sent by another of the foregoing means. All notices shall be addressed by a party to the other party as follows: In the case of JEA: Attn: Bill Clendening, Mgr., W&S Grid Preventive Main1. 2434 N. Pearl S1., Jacksonville, FL 32206 and to: JEA Heather Burnett, Contracts Manager 21 W. Church 81. CC-6, Jacksonville, FL 32202 In the case of Company: Mr. Richard Taylor Howton Insituform Technologies, Inc. 17988 Edison Ave. Chesterfield, Mo. 63005 Telephone: (636) 530-8000 Facsimile: (636) 530-8701 Either party may change its address from time to time upon prior written notice to the other specifying the effective date of the new address. 1.17.15. Publicity and Advertising [JEA-C209] The Company shall not take any photographs, make any announcements or release any information concerning the Contract or the Work to any member of the public, press or official body unless prior written consent is obtained from JEA. iliA is governed by the Florida Public Records Laws so all Contract Documents are available for public inspection. In addition, JEA is governed by Florida Sunshine Laws and as such, certain meetings are required to be open to the public. ;~. 1.17.16. References [JEA-C210] Unless otherwise specified, each reference to a statute, ordinance, law, policy, procedure, process, document, drawing, or other informational material is deemed to be a reference to that item, as amended or supplemented from time to time. All referenced items shall have the enforcement ability as if they are fully incorporated herein. 1.17.17. Relationship of the Parties [JEA-C211] The Company agrees that it shall perform the Work as an independent contractor and that it does not (a) have the power or authority to bind JEA or to assume or create any obligation or responsibility, express or implied, on JEA's part or in JEAts name, except as may be authorized by JEA under a separate written document, or (b) represent to any person or entity that it has such power or authority except as may be 44 authorized by JEA under a separate written document. 1.17.18. Severability [JEA-C212] In the event that any provision of this Contract is found to be unenforceable under applicable law, the parties agree to replace such provision with a substitute provision that most nearly reflects the original intentions of the parties and is enforceable under applicable law, and the remainder of this Contract shall continue in full force and effect. 1.17.19. Subcontracting or Assigning of Contract [JEA-C213] Each party agrees that it shall not subcontract, assign, delegate, or otherwise dispose of the Contract, the duties to be performed under the Contract, or the monies to become due under the Contract without the other party's prior written consent. The assignment of the Contract will not relieve either of the parties of any of its obligations until such obligations have been assumed in writing by the assignee. If the Contract is assigned by either of the parties, it will be binding upon and will inure to the benefit of the permitted assignee. The Company shall be liable for all acts and omissions of its assignee or its Subcontractor. 1.17.20. Survival [JEA-C214] The obligations of JEA and the Company under this Contract that are not, by the express terms of this Contract, fully to be performed during the Term, shall survive the termination of this Contract for any reason. 1.17.21. Third Party Agreements [JEA-557] Unless otherwise agreed in writing by JEA, JEA shall have no obligation to enter into any third party agreements under this Contract. Such third party agreements shall include, but not be limited to: joint check agreements, and revocable or irrevocable letters of direction with sureties. In the event JEA agrees to execute any suchagreement(s), then such agreement(s) shall incorporate additional language as required by JEA's Chief Purchasing Officer. 1.17.22. Time and Date [JEA-C215] Unless otherwise specified, references to time of day or date mean the local time or date in Jacksonville, Fla. If under this Contract any payment or calculation is to be made, or any other action is to be taken, on or as of a day that is not a regular business day for JEA, that payment or calculation is to be matte, and that other action is to be taken, as applicable, on or ~ of the next day that is a regular business day. Where reference is made to day or days, it means calendar days. Where reference is made to workday, workdays, business day, or business days, it means regular working days for JEA Procurement. 1.17.23. Time of Essence [JEA-C216] For every requirement of this Contract, time is of the essence. 1.17.24. Use of JEA Contracts by the City of Jacksonville [JEA-C217] Where City of Jacksonville agencies' procurement codes allow use of JEA contracts, the Company agrees to extend any pricing and other contractual terms to such agencies. 45 1.17.25. Waiver of Claims [JEA-C218] A delay or omission by JEA hereto to exercise any right or power under this Contract shall not be construed to be a waiver thereof. A waiver by JEA under ~is Contract shall not be effective unless it is in writing and signed by the party granting the waiver. A waiver by a party of a right under, or breach of, this Contract shall not be construed to operate as a waiver of any other or successive rights under, or breaches of, this Contract. The Company's obligations to perfonn and complete the Work in accordance with the Contract shall be absolute. None of the following will constitute a waiver of any of JEA's rights under the Contract: approval or payment of any progress payments or any other payments, including fmal payment; issuance of the Certificate of Substantial Completion or Certificate of Contract Completion; any use or occupancy of the Work by JEA; nor any correction offaulty or defective work by JEA. 2. SECTION TITLE: WORK [JEA-525] 2.1. SECTION TITLE: SCOPE [JEA-526] 2.1.1. Obligations of the Company [JEA-C396] The Company shall provide everything necessary to successfully complete the Work except the materials and services specifically stated in the Contract to be provided by JEA. No payments, other than those shown in this Contract and Exhibit B, will be made to the Company for performance of any requirements of the Contract Documents. The Company shall perform all Work in accordance with the Contract Documents and the applicable JEA standards manuals, safety manuals, policies, accepted commercial work practices, local, state, and federal, rules regulations and laws which may be amended from time to time. The Company shall provide all permits, certifications, insurances, and bonds necessary or required by good practice, except where specifically stated in the Contract to be provided by JEA. The Company personnel shall perform all Work in a professional, efficient, and competent manner. The Company is obligated to provide personnel possessing the skills, certifications, licenses, training, tools, demeanor, motivation, and attitude to successfully complete the Work. The Company is obligated to remove individuals from performing Work under this Contract when the Company recognizes an individual to not be working in a manner consistent with the requirements of this Contract, or when JEAnotifies the Company that JEA has determined an individual or group of individuals to not be working in a manner consistent with the requirements of this Contract. The Company is obligated to ensure that their officers and executives interact with JEA, JEA customers, whether direct or indirect customers of JEb)., with the u1most level of professionalism and integrity. In the event the Company chooses to use Subcontractors, the Company is obligated to provide Subcontractors possessing the skills, certifications, licenses, training, tools, demeanor, motivation and attitude to successfully perform the work for which they are subcontracted. The Company is obligated to remove Subcontractors from performing Work under this Contract when the Company recognizes that a Subcontractor is failing to work in a manner consistent with the requirements of this Contract, or when JEA notifies the Company that JEA has determined a Subcontractor is failing to work in a manner consistent with the requirements of this Contract. The Company is obligated to ensure that sufficient supervision of the Work is provided. This includes ensuring that the Company Supervisor is at the Work Location when Work is being performed. The Company shall bear sole responsibility for the efficiency, adequacy and safety of the performance of the Work, including temporary Work and facilities, until Acceptance. The Company shall be solely responsible for any loss or damage to materials, tools, labor, and equipment used during the performance 46 of, or in connection with, the Work. Any JEA comments or approval regarding the Company's performance, materials, working force, or equipment will not relieve the Company of any responsibility. 2.2. SECTION TITLE: LOCATION [JEA-527] 2.2.1. Work Location [JEA-C460] www Work shall be performed at the following location(s): within the Rights-of-Way in JEA's service area. 2.3. SECTION TITLE: TECHNICAL SPECIFICATIONS [JEA-528] 2.3.1. 1" Water Service Replacement [JEA-C397] Intentionally left blank. 2.3.2. Applicable Water & Sewer Standards, Details and Materials [JEA-C398] All Work shall be done in accordance with the January 1, 2005 Edition of JEA Water & Sewer Standards, Details & Materials (including latest revisions dated April 1, 2006). The JEA Water & Sewer Standards, Details & Materials manual rnay be obtained from the JEA Bid Section, Tower Lobby, Suite 103. 2.3.3. Dewatering [JEA-560] If the Company encounters groundwater, the Company shall be responsible for utilizing a dewatering system(s) to remove water from the excavations. Prior to beginning any dewatering, the Company shall submit a dewatering plan to the Contract Administrator for review and approval. The Company shall comply with all sampling requirements listed in Florida Department of Environmental Protection (FDEP) Dewatering Regulations (62-621.300(2) F.A.C.) before any dewatering can begin. Once the sampling analysis is complete, the sample(s) results shall be submitted to the Contract Administrator for review and submittal to FDEP. If the sample analysis fails to meet FDEP water quality standards, no dewatering can proceed without further instruction from the Construction Administrator. Additionally, prior to any dewatering, the Company shall apply for a St. Johns River Water Management District (SJRWMD) Generic Permit for Short Term Dewatering, and comply with all SJRWMD requirements. - If the above requirements are not followed, the Company shall be held liable for any fIDes atlOlor violations incurred by JEA. 2.3.4. Drainage Along Rights-or-Way [JEA-C400] The Company shall so conduct its operations and maintain the Work in such condition that adequate drainage shall be in effect at all times. The Company shall not obstruct existing gutters, ditches and other runoff facilities. 2.3.5. Earthwork [JEA-C401] Suitable Material *** The Company shall stockpile all material encountered during regular excavation that the JEA Engineer determines is suitable for use as backfill material. JEA will not make separate payment for the use of backfill material obtained on the Work from regular excavation. Excess material shall become the property of the Company and shall be disposed of appropriately outside the right-of-way. 47 Unsuitable Material All material encountered during regular excavation that the Geotechnical Engineer determines is unsuitable for use as backfill shall become the property of the Company and the Company shall remove and dispose of it properly. Where unsuitable material is to be replaced, suitable material obtained elsewhere on the Work area shall be used as backfill at no additional cost. In the event there are not sufficient quantities of stockpile suitable material available, Class A-3 sand shall be used as specified below for A-3 Soil Backfill. Except as specified below for A-3 Soil Backfill, JEA will not make separate payment for replacement material used to construct the stabilized sub-base. A-3 Soil Backfill If there is not enough suitable material obtained from regular excavation to use as backfill, then the Company shall import A-3 soil to the Work area to meet the need for fill and backfill as directed by JEA or the City of J acksoD ville. The Company shall provide JEA test results for both stockpiled material and imported material to indicate that the materials meet the minimum standards established by the Geotechnical Engineer for this project. JEA will pay the Company at the Contract Unit Price for A-3 soil for the importation and placement of the soil and sand. JEA will not pay the Company for A -3 soil backfill when suitable material from regular excavation will become available, but at the time required, is not available, due to the Company's sequence of work. Measurement of A-3 soil backfill shall be based on actual trench section dimensions and in accordance with Section 801, Item 4.5 of the JEA January 1,2005 edition of JEA Water and Sewer Standards, Details and Materials Manual, as amended, unless otherwise specified in the Contract Documents. 2.3.6. Mailboxes [JEA-C408] The Company shall carefully remove and relocate mailboxes affected by construction operations to allow for uninterrupted mail service. All temporarily relocated mailboxes shall be reinstalled permanently as soon as construction operations allow. The condition ofthe reinstalled mailboxes shall be at least equal to the original facility, as directed by JEA. No additional payment shall be made for removal, relocation or reinstallation of mailboxes. All costs shall be included in the associated line item in the Bid Document. 2.3.7. NPDES Permit Conformance [JEA-559] Company shall comply with the State of Florida Department of Environmental Protection (FDEP) Document No. 62-621-300(4)(a). A copy may be downloaded via internet at http://www.dep.state.fl.us/water/stormwater/npdes/permitsJorms.htm and is also attached to this section. The NPDES permit program requires that if the construction activities disturb an acre or greifer ofland, then the Company must submit the Notice of Intent (NOI) to use the Generic Permit for Stormwater Discharge from Large and Small Construction Activities, FDEP Form No. 62-621.300(4)(b). By applying for the Generic Permit, the Company is certifying that it will develop and implement a Stormwater Pollution Prevention Plan (SWPPP) specifically designed for each construction site. Also involved are certain certifications, notifications, inspections and record keeping activities. The SWPPP and the weekly inspection reports are required to be kept at the project site and available for review upon request. The SWPPP must be prepared and certified by the Company prior to commencement of construction. Tbe NO! will be initiated by the Company (DEP Document No. 62-621.300(4)(b)) and forwarded to the FDEP and related fee with courtesy copy to JEA (attention: Environmental Services, 21 W. Church Street, Tower 8). The Company shall also comply with the City of Jacksonville Ordinance 98-994-E. A SWPPP plan that meets the minimum erosion and sedimentation control measures required by the City of Jacksonville may be included in the Construction Drawings. However, the Company is responsible for providing a SWPPP 48 that will adhere to the requirements delineated in DEP Document No. 62-621.300(4)(a). This may require amendment or provision of additional information and controls to the SWPPP included in the Drawings. No separate payment shall be made for a SWPPP and its implementation, but all associated costs shall be included in the associated item of work in the Bid Form. The Company shall obtain all other applicable local, state, and federal permits. It is tmlawful to have any discharges that are not composed entirely of storm water (except discharges pursuant to a NPDES permit) to the Municipal Separate Stormwater System (MS4). Only .\lon-contaminated water/non-turbid water shall be transported through the MS4. Groundwater discharge (approved by the Florida Department of Environmental Protection pursuant to 62-621.300(2)) from dewatering activities may be routed into the stormwater system, drainage ditch, creek, river or wetland providing that erosion, and transportation of suspended solids to the system is prevented. If contaminated soil or contaminated groundwater is encountered, the dewatering activity shall cease immediately, and the Company shall contact the JEA Project Manager and also FDEP at (904) 807-3300 and. Company must complete Notice of Tennination (NOT) (DEP Doc. No. 62-621.300(6), F.A.C.) within one (1) week of final site stabilization with courtesy copy to JEA (attention: Ms Heather Burnett, 21 W. Church Street, Tower 8). Company shall also provide copies of NOT to JEA Project Manager with fmal payment and construction close-out documents. A copy ofNPDES Forms and Checklist are attached to this section. JEA will reject any and all invoices and Application for Payments unless JEA receives a copy of the Company's NOI and NOT that were forwarded to the FDEP. In addition, if the above requirements are not followed, the Company shall be held liable for any fines and/or violations incurred by JEA. 2.3.8. Prevention, Control and Abatement of Erosion and Siltation [JEA-C321] The Company shall take steps and make suitable provisions to minimi7.e siltation and erosion of waterways that may result from its operation during the course of construction. The Company shall make suitable arrangements, which may require the temporary construction offlumes, boxes, or some other device(s), at the Work Location for the drainage and disposal of water. The Company shall be responsible for protecting adjacent property to the Work Location from damage by water resulting from its operations. The Work Location shall be returned to its original condition to the satisfaction of JEA. The Company is cautioned that execution or maintenance that creates turbidity and that directly or indirectly affects the water quality of any waterway into which storm water is discharged in such a manner as to exceed the limitations prescn"bed in the Florida Administrative Code, is a violation of the water quality standards of the State of Florida. ...... Turbidity shall not exceed 29 NTU's, above background level within 100' of the construction activity. Costs incurred by the Company for compliance to the restrictions outlined above shall be included in the cost of the items for which the turbidity control is required, unless a separate line item is included in the Bid Document for turbidity controL Silt barriers shall be used at all waterway crossings or at any time during construction that siltation or erosion may occur. The Company shall submit to the JEA Engineer, for written approval prior to construction, the method to be used to control the turbidity. The JEA Engineer's approval of the method to be used in no way relieves the Company of the liability in case of a citation against JEA. 2.3.9. Sewage Spills [JEA-C334] The Company shall minimize the amount of sewage released into excavations by notifying affected parties of the service interruption, pre-draining affected lines, insuring pump station (non- )operating status, etc. The Company shall notify JEA immediately verbally, with written notification to follow. 49 The Company shall take precautions' to prevent sewage from contacting the ground. If sewage contacts the ground, the Company shall take appropriate measures to disinfect the area of the sewage release. Ifpooling sewage is observed, the Company shall vacuum remove the sewage, or remove the sewage by other means acceptable to the JEA Representative, and dispose of the sewage in accordance with environmental and public health regulations. The Company shall clear any sanitary systems found plugged due to this type of pumping activity at its own expense. 2.3.10. Temporary Roadways [JEA-C341] If the Company's operations render any street or private way unsafe, the Company shall make such repairs or provide such temporary ways and guards necessary for the protection and safety of persons on the Work and the public, and for the orderly maintenance of traffic. The Company shall always provide and maintain a hard-surfaced roadway for traffic. Where temporary detours oflanes are required, they shall be asphalt-paved by the Company. The Company may construct paving section(s) appropriate to support traffic, provided the surface is smooth and the profile reasonable, and as a minimwn, consists of 1 incb of bituminous structural course over a 6-inch limerock base that was inspected and approved by the JEA Engineer. Should any temporary pavement fail, the Company shall be responsible for repairing it, at its own cost, before close of Work on the day notification is given. Should the Company be unable to make such repair by close of Work, the Company shall notify the Contract Administrator and provide an estimated time when repairs can be made. No repair timeframes shall exceed 48 hours. Any damages, either direct or indirect, resulting from such temporary pavement failures shall be the sole liability of the Company. Alllimerock base material used for temporary pavement and constructed in proposed grassed areas shall be completely removed and disposed of by the Company prior to final restorative grassing operations. The area shall be backfilled with material stockpiled on the Work Location that is conducive to growth of the plant material. All costs associated with this work shall be included in the associated line item in the Bid Document. 2.3.11. Traffic Sign age [JEA-573] Costs incurred by the Contractor to provide new signage and pavement markers, or remove and replace existing signage as necessary to accomplish the work shall not be paid for separately but shall be merged with the cost of the associated item of work. Damaged signage shall be replaced with new signage. All signage and pavement markers in accordance with the drawings and City Traffic Engineer's requirements. 2.3.12. Tree Protection [JEA-C345] . The Company shall protect all trees, in accordance with applicable city and county laws, froih damage by vehicles, equipment and machinery, except those trees designated for removal (via permit) on the construction drawings. Removal of any tree not so designated nor permitted, shall be only upon specific approval by the JEA Engineer. Excavated dirt shall not be piled around the base of any tree not designated for removal. The Company shall not bury or bum any refuse around or near the trees. The Company shall proceed with caution when excavating in the vicinity of root structure of any tree. Excavation shall be by hand if necessary. Roots up to 2" in diameter when severed do not require any pruning paint. Roots from 2" to 4" in diameter must be severed with a pruning saw and painted. Roots over 4" shall not be severed except as directed by the JEA Engineer. An ax or similar tool is not acceptable for pruning. The wood shall be treated with asphalt-type pruning paint as soon as possible after pruning. 50 Prior to any site disturbance, barriers shall be put up around each tree to be protected. These barriers shall be constructed of 2 x 4's or any other practical materials that will discourage disturbance near the tree. To conform to applicable city and county laws and codes, these barriers should be at le.ast 6' away from the trunk of the tree and protect an area that is at least 50% of the unpaved area covered by the crown spread of the tree. When conditions permit, barriers are to be placed in such a manner as to provide the largest undisturbed area possible. Cutting tree roots shall be kept to a minimum and only allowed when absolutely necessary. In such instances the Company shall ensure that all cuts are made clean with a saw, free of all loose soil, and sealed with pruning paint or shellac. At no time shall roots be pulled, ripped or cut with a blade, backhoe or other mechanical device. Additional fill under the crown spread of trees shall be kept to a minimum. If additional fill is unavoidable, all fill material shall consist of clean, coarse sand or gravel, free of silt and clay to allow for free movement of air and water. Lowering the grade under the crown spread of trees will not be permitted. Should branches require pruning to provide for roadway or other necessary clearance, they shall be cut back to a main stem or crotch of the tree. All cuts shall be made at the bench collar to allow the natural healing process of the tree to occur. To further promote the natural healing process, no pruning paint or other material shall be applied to pruning cuts. If a tree is wounded during construction, all bark surrounding the wound shall be cut away and carefully removed. Care shall be taken .to leave as much cambium as possible. Any tree whose root system has been disturbed or damaged must be properly fertilized to aid in its recovery. The hole or punch-bar method shall be used for applying fertilizer. The holes should be approximately 12" to 18" deep, I" to 2" in diameter, 2' apart, and extend 2' past the drip line ofthe tree. The Company shall not apply fertilizer within 1 foot of the trunk of a small tree (up to 6" in diameter) or within 3' of the trunk of a large tree (over 6" in diameter). Injury to the root collar and trunk base may result. The type of fertilizer to be used shall be 25% organic 8-8-8 with minor elements included. Chemical analysis as follows: Total Nitrogen, not less than 8.00%, available Phosphoric Acid, not less than 8.00%, water soluble potash, not less than 8.00%. Fertilizer shall be applied at the following rates and shall be evenly distributed among the holes: Hardwoods up to 6" Dia. Hardwoods over 6" Dia. Evergreens up to 6" Dia. Evergreens over 6" Dia. 2 lb. per inch of Dia. 4 lb. per inch of Dia. lib. per inch of Dia. 2 lb. per inch ofDia. 2.3.13. Paving Removal and Replacement "r Add the following to Section 80 l, Items 9.1 and 9.2. Pavement removal and replacement shall be based on a maximum asphalt sawcut width of 6' (3'-maximum trench width) and shall adhere to the COJ Pavement Repair Details referenced in the Bid Item. Pavement settlement will be inspected 11 months after installation. Areas experiencing 1/.2" or more total dip in any cross section shall be considered a defect, and shall be corrected as directed by JEA. 2.3.14. Sewer Lateral Piping - Remove and Replace Add the following to Section 801, Item 16.4: When practical, the service lateral pipe shall be installed by tunneling under the curb and sidewalk to minimize replacement work. 2.3.15. Sewer Piping Remove and Replace Through Point Repairs Add the following to Section 801, Item 16.2: Payment for a point repair andlor obstruction removal will be by sewer diameter, divided into 4' depth intervals and payment made for each point repair performed. Example: 6" -10" and shall include an allowance for 6' length of pipe. Lengths beyond 6' shall be paid per the linear foot within the depth interval. 12" - 18" sewer pipes shall include an allowance for 10' 51 length of pipe. Lengths beyond 10' shall be paid per the linear foot within the depth interval. All repair clamps, fittings, and street repair are included with the task. Payment shall be per the unit prices set forth. Point repairs for pipe sizes greater than 18" shall be handled by Supplemental Work Authorization. Point repairs developing as a result of the cleaning operation, shall be the full responsibility of the CIPP Contractor. In the event the Contractor cannot correct the problem in a timely manner, JEA will coordinate the repair and shall issue a back charge to the Contractor. 2.3.16. Contingency Items Bid Line Items are included herein to obtain unit prices to perfonn the work under contingency, should it be encountered during the performance of the Work. JEA is unaware of the existence of these conditions at this time, but shall exercise the unit prices as required. 2.3.17. JEA Fixed Price Items A unit price allowance is included in the Bid Form for select line items. These fIxed prices reflect usual and customary fees paid for these items on JEA projects. The unit price allowance shall constitute full compensation for the items of work. 2.3.18. General Conditions Contract Lump Sum Price shown for General Conditions on the Bid Form shall be compensation to complete the Work as required,in the General Conditions and/or Special Conditions that are not paid for separately. Payment of the Lump Sum Price shall only be made for the percentage of Work completed. The percentage as indicated on the Bid Form, shall be the maximum percentage of the associated subtotal. 2.3.19. Sewage Spills The JEA recognizes that sewage may be released from pipes in the course of performing the Work. Contractor shall minimize the amount of sewage released into excavations by notifying affected parties (homeowners or businesses) of the service interruption, pre-draining affected lines, insuring pump station (non) operating status, etc. Contractor shall take precautions to prevent sewage from contacting the ground. If sewage contacts the ground, Contractor shall take appropriate measures to disinfect the affected area where the sewage release occurred. When pooling sewage is observed, Contractor shall vacuum remove the sewage or remove the sewage by other means acceptable to the JEA Inspector and dispose of the sewage in accordance with environmental and public health regulations. This can include PUQlping to the nearest available sanitary manhole. Sanitary systems found plugged due to this type of pumping activity shall be cleaned at the Contractor's expense. Contractor shall inform the JEA Inspector of spills which contact the ground estimated to be in excess of fIve gallons. Spills of less than five gallons which contact the ground shall be noted in the Contractor's field log book. Notification of Inspector does not mitigate Contractor's responsibility to tak()~corrective action. If JEA is fmed as a result of a sewage spill associated with the Work, JEA may require Contractor to reimburse JEA for the fme amount. 2.3.20. Response time The Contractor shall have a representative available to meet with JEA within (4) Hours notice to initiate an action plan for emergencies. As directed by JEA, the Contractor shall mobilize with manpower, equipment, and materials to perfonn most emergency work within 24 hours of the initial meeting. 3.1. Special Conditions 3.1.1. Special Conditions are attached as Exhibit C and incorporated herein by reference. 52 . l j I I I I I / \ T --r- L-l f / g __ _________ i __ ) J l_i ! \ i! y------t;11-! j i ! ;' /[g\--- r- --'n1=~~t -T~T-! - L_-~~~*-;---ii ~ I! LAK~~~~R!30UR ;' / 5' '; J l::i-~I ! ---'I ~I 1 I iL~D ..I.LII ~i! LAS!PALMAS PARK i / ~! 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Sewer Pipe Lining and Interior Manhole Repairs (within each designated area) !f(f . ,1, , ' VI.-CONSENT AGENDA ITEM 8.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 15, 2008 March 31, 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) D July 1,2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM ~ Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfmished Business D Public Hearing D RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the month of March, 2008. EXPLANATION: Per Ordinance 001-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. .. "J CJ:~~ :; PROGRAM IMPACT: Ordinance 001-66, Chapter 2, Section 2-56.1 has assisted departments in timely pro<Sfteme!)i,Qt commodities, services, and personal property. Administrative controls are in place with the development o:G~ sPeS:m processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approW bf-f15 Department Director, Purchasing Agent, and City Manager. r" :>,: ~ " ",: ,~...",~ v' - ~." -0 FISCAL IMPACT: This Ordinance provides the impact of reducing paperwork by streamlining processes ii5fuin~:J organization. This allows administration to maintain internal controls for these purchases, reduce the administrative..J:lller~1f2 of processing for appr aI, and allow for re timely purchases to be made. 0) 1'1 (-) ~ City Manager's Signature City A S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR MARCH 2008 1. Vendor: Apple Computers Requesting Department: Police Purchase Amount: Contact Person: Date: $11,207,85 Sarah Byers 3/18/08 Brief Description of Purchase: Five (5) Imac Laptops with software and hardware for Youth Violence Prevention Program Source for Purchase: Three Quotes Fund Source: 105-3034-513-49-17 2 Vendor: BeachCamera.com Requesting Department: POLICE Purchase Amount: Contact Person: Date: $13,272,20 SARAH BYERS 3/13/08 Brief Description of Purchase: Audio Video equipment for the Youth Violence Prevention Program I Source for Purchase: Three written Quotes Fund Source: 105-3034-513-49-17 3 Vendor: Currie, Peak & Frazier, Inc. Requesting Department: Utilities Purchase Amount: Contact Person: Date: Pete Mazzella 3/26/08 i $10,158.00 I I Brief Description of Purchase: Pentabs - Five (5) replacements and (1) for SCADA project. Two (2) replacement units for the Stormwater Division, three (3) replacements for the Engineering locations group, Source for Purchase: Three Written Quotes Fund Source: Various Utility accounts 4 Vendor: Faitella Enterprises Paint Requesting Department: Utilities Admin. Purchase Amount: Contact Person: Date: $24,500,00 Barb Conboy 3/4/08 Brief Description of Purchase: Washer to clean and disinfect lift station pumps and parts allowing in house service and repair Source for Purchase: Three Written Quotes Fund Source: 401-2816-536-64-02 Facilities Purchase Amount: Contact Person: Date: $13,221,00 5 Vendor: WW Grainger Requesting Department: Paula LeBlanc 3/6/08 Brief Description of Purchase: Thermal Imager needed for preventative and predictive maintenance for inspecting and documenting hot spots in electrical panels and moisture readings on building structures Source for Purchase: State of Florida Contract Fund Source: 001-2511-519-64-02 Page 1 6 Vendor: Motorola, Inc. "'equesting Department: Police Brief Description of Purchase: (5) XTS 5000 Portable Radios; 850 channels 760-780 MHZ Source for Purchase: Compatible to existing eauipment 7 Vendor: Requesting Department: Brief Description of Purchase: Source for Purchase: 8 Vendor: Requesting Department: Brief Description of Purchase: Source for Purchase: 9 Vendor: ....equesting Department: Brief Description of Purchase: Source for Purchase: 10 Vendor: Requesting Department: Brief Description of Purchase: Source for Purchase: Page 2 Purchase Amount: Contact Person: Date: $18.689.00 Sarah Byers 3/27/08 Fund Source: 001-2110-521-64-20 Purchase Amount: Contact Person: Date: Fund Source: Purchase Amount: Contact Person: Date: Fund Source: Purchase Amount: Contact Person: Date: Fund Source: Purchase Amount: Contact Person: Date: Fund Source: VEN DOR 0686 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P,O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P ".:. it' 1.. 0 'i" [}.i:.. T E : 2, J 6 TO: APPLE COMPUTERS 11921 FREEDOM DRIVE SUITE 600 RESTON, VA 20191 SHIP TO: City of Boyn~o~ Beacn POLICE DEPARTMEKT lOO E. BOYNTOK BCE. ELVr BOYNTON BEACH, FL 3343 REQUISITION NO. 45603 ORDERING DEPARTMENT POLICE INQlJll'I' ,f '.,,,H[L~JI P t ~ t ~, ,.. 1 I l. ~! ) [ !', DATE NEEDED: BID NO: I COMMISSION APPROVED: LINE# UNIT COST COST EXTENDED QUANTITY UOM ITEM NO. AND DESCRIPTION 3252.0000 oc 1 1.00 EA MBP 17CTO VENDOR ITEM NO.- ZOED 2 1.00 EA INTUIT QUICKBOOKS PRO FOR 2007 VENDOR ITEM NO.- TK910LL/A 192.0000 ,C 3 1. 00 EA 4 3.00 EA 5 1.00 EA 6 1.00 EA 7 3.00 EA 8 1. 0 0 EA 9 3.00 EA 10 3.00 EA PROCUREMENT SERVICES .II.CCOUNT NO. 105-3034-513.49-17 MACBOOK 13 INCH (WHITE) 2.4 GHZ INTEL CORE 2 DUO 1649.0000 _. 'i ,00 APP FOR lMAC-EK VENDOR ITEM NO.- MA520LL/A 119.0000 " ,00 HARMAN KARDON SOUNDSTICKS II A VENDOR ITEM NO.- T9078LL/A 163.0000 163.0C FINAL CUT STUDIO RETAIL VENDOR ITEM NO.- MA886Z/A 499.0000 499.00 FINAL CUT EXPRESS 4.0 RETAIL VENDOR ITEM NO.- MB278Z/A 69.00 0 o MICROSOFT OFFICE MAC 2008 VENDOR ITEM NO.- TQ742LL/A 384.0000 84.00 IMAC 20/2.0/1GB/250GB/SD MACBOOK - AUTO ENROLL VENDOR ITEM NO,. MA876LL/A 1149.000 WD MY BOOK HOME STUDIO 500GB Q VENDOR ITEM NO.- TP439ZM/A 179.950 .85 P.O, TOTAL: PI JRr.HASINr, PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 081072 DATE: 03/18/08 VENDOR 0686 TO: APPLE COMPUTERS 11921 FREEDOM DRIVE SUITE 600 RESTON, VA 20191 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. 45603 ORDERING DEPARTMENT: POLICE I COMMISSION APPROVED: BID NO: INQUIRIES REGARDING PURCHASE ORDER CAll (561)742-6310 DATE NEEDED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 11 1.00 EA APPLECARE PROTECTION PLAN FOR MACBOOK AIR 183.0000 183.00 12 1.00 EA APPLE CARE PROTECTION PLAN FOR MACBOOK PRO (W/O DISPLAY) - AUTO ENROLL 239.0000 239.00 ',3 1.00 EA JBL SPOT POWERED SATELLITE SPEAKERS AND SUBWOOFER 96.0000 96.00 REMARKS: PRICING PER QUOTE 7160-01, Prepared by Kelly MacWhinnie, 3-14-2008. PROCUREMENT SERVICES: P,O, TOTAL: 11207.85 ACCOUNT NO. 105-3034-513.49-17 11207.85 DIIDr"U^CIII.I~ CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 3/31/2008 Requesting Department: Police Contact Person: Sarah A. Byers Explanation for Purchase: AUDIONIDEO EQUIPMENT PURCHASED FROM YOUTH VIOLENCE PREVENTION PROGRAM GRANT; WHICH IS REIMBURSABLE FOR THE ART OF FILMMAKING PROGRAM. STACEY ROBINSON, OUR YOUTH VIOLENCE PREVENTION COORDINATOR WILL BE HANDLING THIS PROGRAM FOR THE YOUTH OF THE CITY IRecommended Vendor APPLE COMPUTERS IDollar Amount of Purchase $11,207.85 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE D SNAPS D RESPECT D Piggy-Back D Sole Source D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 105-3034-513-49-17 Approvals: Department Head Purchasing Agent Asst City Manager City Manager ,II ,1 / ! i 51'''.'''/1 iJ:;./ I' / ,_. . y. ,.. l, (...J i. -^), ~ I .. / I I , t Date Date Date Date ,:"/:?i /e " ! I Form Revised 02/01/02 VENDOR 1480 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 081063 DATE: 03/13/08 TO: BEACHCAMERA.COM 80 CARTER DRIVE EDISON, NJ 08817 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO, 45610 DA TE NEEDED: LINE# ORDERING DEPARTMENT: POLICE I COMMISSION APPROVED: BID NO: 1 4.00 EA QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 2 4.00 EA 3 4.00 EA 4 2.00 EA 5 2.00 EA 6 2.00 EA PROCUREMENT SERVICES: \.CCOUNT NO. 105-3034-513.49-17 JVC GZ-HD7 60G HIGH DEF. HARD DRIVE CAMCORDER BEACHCAMERA.COM 80 CARTER DRIVE EDISON, NJ 08817 ATTN: BILL HALEY 919.0000 ***QUOTES ATTACHED**** ****PLEASE RETURN PO TO PD*** FAX #732-752-3535 VENDOR ITEM NO.- JVCGZHD7 DIGPRO COMPACT DELUXE GADGET BAG - DP5500 VENDOR ITEM NO.- DP5500 36.9500 SAKAR BP-823M AH LITHIUM BATTERY FOR JVC CAMCORDER VENDOR ITEM NO.- SAKBP823CL 69.0000 CANON XH A1 HD CAMCORDER VENDOR ITEM NO.- CNVXHA1 3199.0000 SONY UWPC2 (66) TRUE DIVERSITY PORTABLE CAMERA MOUNTABLE UHF WIRELESS HANDHELD SYSTEM VENDOR ITEM NO.- SNUWPC26668 499.0000 SONY UPPC1/6668 WIRELESS MICROPHONES-FREE DELIVERY 499.0000 P,O. TOTAL: PURCHASING INQUIRIES REGARDING PURCHASE ORDER CAll (561 )742-6310 EXTENDED COST 3676.00 147.80 276.00 6398.00 998.00 998.00 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 L:.. ,- ~<' . VENDOR 148C T'" BEACHCAMERJl.. COM 80 CARTER DRIVE EDISON, NJ 08817 SHIP TO: 0~ of Boynton Beach POLICE DEP?RTMENT 100 E. BOYNTON BCH. BL\G. BOYNTOK BEACH, FL .-'- REOUISITION NO. 45610 ORDERING DEPARTMENT: POLICE I COMMISSION APPROVED' BID NO ,Ne.!l [' l " \f'r ( P'it DATE NEEDED: EXTENDEG LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST C~::ST '7 2.00 EA SAKAR MACH-I0 DELUIXE FULL SIZED PRO. CAMCORD. CAS VENDOR ITEM NO.- SAKMACH10 8 2.00 EA SAKAR PRO. BP-945 525M AH LITHIUM BATTERIES VENDOR ITEM NO.- S?KBP941L 9 2.00 EA SAKAR DIGITAL CONCEPTS AC/DC BATT. CHARGER FOR LIT VENDOR ITEM NO.- SAKCH3450CAN 10 1. 00 EA SHIPPING 129.0000 =,;:;..0 89.000 29.0000 H'O 284.4000 8':;,40 PROCUREMENT SERVICES: P,O, TOTAL: 13272.2 ACCOUNT NO. 105-3034-513.49-17 32:2.2 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 14-Mar-08 Requesting Department: Police Contact Person: Sarah Byers Explanation for Purchase: Youth Violence Prevention Program (Stacey Robinson) needs to purchase audio/video equipment for the Art of Filmmaking Program. This is a grant and is 100% reimbursable IRecommended Vendor BeachCamera.com IDollar Amount of Purchase $13,272.20 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 105-3034-513-49-17 (Other Contractual Services) Approvals: Department Head Purchasing Agent Asst City Manager City Manager cf!Y;1ttd! ..~ I V / I Date Date Date Date ~. i ).) ~ .....(. / i~~"l J.,', i ;) ~/ ' 'I 'J :.: Form Revised 02/01/02 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 08109:' DATE: 03 26/08 VENDOR 8392 TO: CURRIE, PEAK, & FRAZIER INC. 7543 COMMERCE CENTER DR ORLANDO, FL 32819 SHIP TO: City of Boynton 3eacn EAST UTILITY ADMIN 124 E. WOOLBRIGHT RO.~ BOYNTON BEACH, ?L )343 DATE NEEDED: BID NO: COMMISSION APPROVED: REQUISITION NO. ORDERING DEPARTMENT: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST CDST - 1. 00 EA HARDWARE/TABLET PC 1693.000 c., .0 -L 2 2.00 EA HARDWARE/TABLET PC 1693.0000 .~~ 8 t 0 3 3.00 EA HARDWARE/TABLET PC 1693.0000 5 79.00 REMARKS: 1 Fujitsu Lifebook for remote access to SCADA by electricians; 2 Lifebooks for Stormwater Division; 3 Lifebooks for Engineering Division. State of FL Contract no. 250-000-03-1 ACCOUNT NO. SEE BELOW ----- PROCUREMENT SERVICES: P,O, TOTAL: 10158 1'0 158, CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 26-Mar-08 Requesting Department: Utilities Contact Person: Michael Low/Pete Mazzella Explanation for Purchase: Pentabs - Five (5) replacements and 1 for the SCADA project. Two (2) replacement units for the Stormwater Division, three (3) replacements for the Engineering locations group. These are handheld computers that assist with locations and documenting services in the field. The new unit is for SCADA operations and running telemetry programs. I Recommended Vendor Currie, Peak and Frazier I Dollar Amount of Purchase $10,158.00 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Funds are budgeted in capital accounts. Approvals: Department Head Purchasing Agent Asst City Manager City Manager Date Date Date Date Form Revised 02/01/02 .---. PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD .r' P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 081029 DATE: 0 3 / 0 4 / 0 f VENDOR 0721 TO: FAITELLA ENTERPRISES PAINT HOU 706 SOUTH US1 FT PIERCE, FL 34950 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 45459 ORDERING DEPARTMENT: UTILITIES ADMIN HS DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA LANDA PARTS WASHER VENDOR ITEM NO.- LC4860B 24500.0000 24500.00 REMARKS: This washer will be used to clean and disinfect lift station pumpsa.ndparts allowing in house service and repair. This parts wasl1E!J;" replaces the CIP request for a sandblaster and paint booth. ACCOUNT NO. 401-2816-536.64-02 P,O. TOTAL: 24500.00 PROCUREMENT SERVICES: 24500.00 PURCHASING ~..~..'.....~.Y......O........~... U1 -J.. .:r o .... CJ ~ 'V. ~~ ')-ON ~ CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 21-Feb-08 Requesting Department: Utilities Contact Person: George Peck Explanation for Purchase: This is a Capital Outlay item. This parts washer is being purchased in place of the original capital request for a sandblasting unit and a paint booth. This parts washer is going to be used to clean and disinfect lift station pumps and parts so that in house service and repairs can be made. In the past these pumps were being sent out for repair work and the City was paying top dollar for repairs. By purchasing this machine and doing the work in house the department should be able to make the repairs at 1/3 the cost. IRecommended Vendor Faitella Enterprises Inc IDollar Amount of Purchase $24,500.00 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Account # 401-2816-536-64-02 Approvals: Department Head Purchasing Agent Asst City Manager City Manager Date Date Date Date ='-p.., l'i ? Form Revised 02/01/02 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.O. #: 08104 DATE: 0 3 / 0 6 / 0 b VENDOR 1323 TO: WW GRAINGER INC. 1800 FLORIDA MANGO ROAD WEST PALM BEACH, FL 33409 SHIP TO: City of Boynton Beach FACILITY MANAGEMENT 222 NE 9TH AVENUE BOYNTON BEACH, FL 3343 DA TE NEEDED: BID NO: COMMISSION APPROVED: REQUISITION NO, 45521 ORDERING DEPARTMENT: FACILITIES/ RC LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 1.00 EA THERMAL IMAGER NEEDED FOR PREVENTIVE and predictive maintenance. Used for inspecting and documenting hot spots in electrical panels and moisture readings on building structures. State of Florida Contract #455-001-07-01 13221.0000 13221,00 REMARKS: PRICING PER FL STATE CONTRACT 455-001-07-01 PROCUREMENT SERVICES: P,O, TOTAL: 13221.00 i I .-j ACCOUNT NO. 001-2511-519.64-02 PROJECT 13221.C) PI JRr.HA~INr, CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 28-Feb-08 Requesting Department: PW/Facilities Mgmt. Contact Person: Paula Leblanc Explanation for Purchase: Thermal Imager needed for preventive and predictive maintenance. The imager would be used for inspecting and documenting hot spots in electrical panels and moisture readings on buildings structures, such as, walls and roofs. I Recommended Vendor Grainger I Dollar Amount of Purchase $13,221 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract Ixxx I PRIDE/RESPECT D SNAPS D Sole Source D Piggy-Back D Budgeted Item D Emergency Purchase D Other D Contract Number: 455-001-07-01 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract, Fund Source for Purchase: Facilities General Equipment Account #001-2511-519-64.02 Approvals: Department Head Purchasing Agent Asst City Manager City Manager ~.- " l~, Date Date Date Date --'---t. - I <; "..{ /',~ ~\ ". -.;-'" / Form Revised 02/01/02 .----. PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 P.o. #: 081090 DATE: 03/27/0 VENDOR 1479 TO: MOTOROLA, INC. 2220 GALVIN DRIVE ELGIN, IL 60124 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD BOYNTON BEACH, FL 33435 DATE NEEDED: BID NO: COMMISSION APPROVED: REQUISITION NO, 45748 ORDERING DEPARTMENT: POLICE LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST 1 5.00 EA 5-H18UCF9PW6-XTS5000 MODEL II 3X2 KEYPDAD DIS MOTOROLA INC 2220 GALVIN DRIVE ELGIN~ILLINOIS 60124 1-800~422-4210 ***EXISTING VENDOR CITY-WIDE*** PLS ... RETURN PO TO PD 3737.8000 18689.00 REMARKS: XTS 5000 PORTABLE RADIOS; 850 CHANNELS 760 - 780 MHZ. PROCUREMENT SERVICES: P.O. TOTAL: 18689.00 ACCOUNT NO. 001-2110-521.64-20 18689.00 PURCHASING CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 3/31/2008 Requesting Department: Police Contact Person: Sarah A. Byers Explanation for Purchase: REPLACEMENT PADIOS FOR POLICE DEPARTMENT. WE HAVE BEEN USING MOTOROLA CITY-WIDE; THEREFORE, WE MUST CONTINUE TO UTILIZE MOTOROLA RADIOS FOR COMPATIBILITY PURPOSES IRecommended Vendor MOTOROLA IDollar Amount of Purchase $18,689.00 Source for Purchase (check and attach backup materials): Three Written Quotations D GSA D State Contract D PRIDE D SNAPS D RESPECT D Piggy-Back D Sole Source D Emergency Purchase D Other D Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-211 0-521-64-20 (COMMUNICATION EQUIPMENT) Approvals: Department Head Purchasing Agent Asst City Manager City Manager yrriwJlJ,- \ \ Date Date Date Date n 1/- . jr\ /'/ ./:, i i I IX _"' 'J / ".- \) I I Form Revised 02/01/02 VI.-CONSENT AGENDA ITEM 8.5 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 [gj April 15, 2008 D May 6, 2008 D May 20, 2008 D June 3, 2008 D June 17,2008 D July I, 2008 D July 15, 2008 May 19,2008 (Noon) D August 5, 2008 D AnnouncementslPresentations D Administrative [gj D D March 31, 2008 (Noon) April 14,2008 (Noon) May 5, 2008 (Noon) NATURE OF AGENDA ITEM Consent Agenda Code Compliance & Legal Settlements Public Hearing Date Final Form Must be Turned in to City Clerk's Office June 2, 2008 (Noon) June 16,2008 (Noon) June 30, 2008 (Noon) D D D D D July 14,2008 (Noon) City Manager's Report New Business . Legal Unfmished Business RECOMMENDATION: A motion to approve a piggy-back of Sarasota County bid to Florida Highway Products, Inc. of Bartow, Florida in the amount of: $456,508.00 plus a 9.5% contingency ($43,368.00), for a total of$499,876.00. EXPLANATION: Procurement Services received a request from Public Works/Engineering Division to "piggy-back" the Sarasota County Bid#7518JW to utilize Florida Highway Products, Inc. for the purpose of Microsurfacing roadways ( see memo attached #08-029). This will assist in the repairs of deteriorating roadways throughout the City. All City streets have been inventoried (see attached map) and their condition rated. The repair schedule has been prioritized based on immediate need. Procurement Services request Commission's review, and approval. PROGRAM IMP ACT: Microsurfacing is a proven bituminous surface treatment that aids in stopping pavement oxidation and surface failure. Microsurfacing is not an asphalt overlay and, as such, has an entirely different visual appearance. Proper maintenance extends pavement life and reduces future costs. o '::-;--1 eel =~ -< ::c .. <:. c. ~:': City Manager's Signature 9? -~ ..~'J Assistant to City Manager ~ ;:~ I< City ALf!tJ:m,n" FISCAL IMPACT: Account Description Street Improvements Funds are allocated within the CIP budget as follows: Account Number Budget 302-4905-580-63-08 $500,000.00 (Project# CP0266) isolated areas (potholes). S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC C:JeffLivergood - Public Works Director David Kelly - City Engineer George Mantell - Project Manager File ,~') i((.~;5'(..> '~ DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 08-029 TO: Bobby Jenkins Assistant to the Finance Director Financial Services Department FROM: H. David Kelley, Jr., PE/PSM... City Engineer ~ DATE: March 19,2008 SUBJECT: Street Maintenance/Improvements/Striping Micro-surfacing Roadways Account No. 302-4905-580-63-08 Project CP #0266 Please find the attached documentation for your consideration for the annual micro-surfacing project noted above. We are recommending that this project be awarded to Florida Highway Products, Inc, of Bartow, Florida, who has performed this work for the City in the past. We are basing this recommendation on their submitted bid to Sarasota County, Florida in January of this year, and are requesting that the City 'piggy-back' on their bid for our project work task. Attached are ten (10) copies of their proposal to the city along with an area map reflecting the locations of the streets to be handled. These copies are for the City Commissioners' agenda books along with the city manager, the city attorney and the city clerk. We recommend that the award be in the amount of$456,508 plus 9.5% contingency ($43,368) to address any unscheduled issues that arise during the implementation of this project or additional work that may be required to correct deficiencies found when applying this process. If you have any questions in regards to this matter, please advise me at x6988. xc: Jeff Livergood, PE, Dir. of Public Works George Mantell, Project Manager File a . Sarasota County Public Wortcs, Road Program Construction Tel: (941) 861-0757 . Fax: (941) 861-0762 1001 Sarasota Center Boulevard Sarasota, Florida 34240 letter .of transmittal To: Paul Carlisle Regional Manager Florida Highway Products, Inc. 1170 Celebration Boulevard, Suite 101 Celebration, FL 34747 (561) 718-8333 Date: 01/11/2008 Via: ./ 1st Oass Mail 0 Overnight 0 Courier 0 Hand Delivery From: Robbin L Levar Construction Project Manager Re: Resurfacing 2nd Inaement 2007 (Micro-surfacing), PN 0702, Bid No. 7518JW CC: Dawn Mitchell, Accountant, Finandal Services (1 original copy) File (1 original copy) ;r",:,.. JO ~ ., o Urgent o Plans o For Review 0 Please Return 0 For Approval o For Processing ./ For Your File 0 Drawings o As Requested o For Initials REMARI(S: KECEIVED CONTRACT NO~ Bee APPROVED ~ ..-,,4 ~ Q ~,__, j ROAD PROGRAM CONSTRUCTION CONTRACT Contract for Resurfacing 2ad Increment 2007 (Micro-surfacing), PN0702, Bid # 7518JW TIlls """traot made ODd entered into tJW. day j~ "6 I~ . by ond between Florida Highway Products, Inc. , a C-l Ot" \ Aa...... corporation hereinafter called the 'Contractor' and Sarasota County, a political subdivision of the State of Florida. hereinafter called the 'County'. WITNESSETH: I. Construction Materials. Services. and Labor: That for and in consideration of the mutual promises and covenants hereinafter contained, together with the money consideration hereinafter recited, the Contractor shall furnish all the labor, services and materials for the construction Resurfacing 2ad Increment 2007 (Micro-surfacing), PN0702Bid # 7518JW. All work and labor shall be done in accordance with the plans and specifications on file with the Sarasota County Engineer, as listed in Article m, receipt of which is hereby acknowledged and which plans and specifications are made a part of the contract, the same as though they were set forth at length herein and by reference hereto made a part hereof. ll. Contract Price: In consideration of the work, labor, services and materials to be furnished by the Contractor, in accordance with said plans and specifications, the County agrees to pay to the Contractor, upon the completion and acceptance thereof by the County, or its duly authorized agent, the total contract price of $560,881.65, Five Hundred Sixty Thousand Eight Hundred Eighty One and 65/100 Dollars. (Contract price in words) The contract price includes a 5% contingency amount for change orders that may be authorized in the discretion of the Administrative Agent llL Contract Documents: The contract documents, which comprise the entire contract between County and Contractor and which are made a part hereof by this reference, consist of theefollowing: 1. Bid Disclosure Act Form 2. Invitation for Bids 3. Instructions, Terms, and Conditions 4. Minority Business Enterprise Project Plan 5. Additional Instructions to Bidders 6. Bid Form 7. Drug-free Workplace Program 8. Florida Trench Safety Act 9. Contractor's Qualification form 10. Bid Bond 11. Performance and Payment Bond; and Power of Attorney 12. Contract 13. Release of Lien 14. General Provisions PN 0702 Bid #7518.JW PAGEC-I 11 Apr 07 Rnisioa PnK:uremeat No. 75180100 CONSTRUcnON CONTRACf 15. Special Provisions 16. Technical Provisions 17. Florida Department of Transportation Standard Specifications for Road and Bridge Construction, dated 2004, with the exception of all Sections pertaining to asphalt (pavement) which shall be per FOOT's Standard Specifications 2000 edition 18. Florida Department of Transportation Design Standards, dated January 2004 19. Florida Department ofT~ortation Special Provisions and Supplemental Specifications 20. EP A Stormwater Management Guidance 21. Permits 22. Road Inventory 23. Supplemental Provisions 24. Florida Statute 556 25. AU addenda issued before the bid opening date 26. All modifications and change orders issued 27. The Notice to Proceed issued by Road Program Management Division 28. Project PurChase Orders IV. Performance and Pavment Bond: The Contractor shall furnish to the County, prior to the commencement of operations hereunder, a Performance and Payment Bond executed by the Contractor, and a surety company authorized to do business in the State of Florida, in an amount no less than the contract price herein, which bond shall be conditioned upon the successful coMpletion of all work, labor, services, and materials to be provided and furnished hereunder, and the payment of all subcontractors, materiaImen, and laborers. The County will only accept a Performance and Payment Bond with an AM. Best rating of 'A-' (Excellent) or better for Bids requiring bonds of $500,000 or greater, or 'B+' (V cry Good) or better for Bids requiring a bond of less than $500,000. Said bond shall be subject to the approval of the Board of County Commissioners of Sarasota County, Florida. v. InSDraDee: Before performing any contract work, a Contractor shall procure and maintain, during the life of the contract, unless otherwise specified, insurance listed below. The policies of insurance shall be primary, written on forms acceptable to the County, placed with insurance camers approved and licensed by the Insurance Department in the State of Florida, and meet a minimum financial AM Best Company rating of no less than "A- Excellent: FSC vn." No changes are to be made to these specifications without prior written specific approval by Sarasota County Risk Management. . 1. Workman's Compensation: Contractor will provide Workers.' Compensation and Employer's Liability insurance with limits of not less than $100,000 per employee per accident, 5500,000 Oisease aggregate, and 5100,000 per employee per disease for all personnel on the worbite. If applicable, coverage for the Jones Act and Long.qhoremen and HarbormlUltnll Exnosures must also be included. (NOTE: Elective exemptions wDl NOT satisfy thJs requirement.) , In the event the Contractor has "leased" etnployees, the Contractor or the employee leasing company must provide evidence of a Minimum Premium Workers' Compensation policy, along with a Waiver of Subrogation in favor of Sarasota County, for all personnel on the wOIbite. All documentation must be provided to Sarasota County Risk Management, 1660 Ringling Boulevard 3n1 Floor, Sarasota FL 34236. 2. Commercial General Liability: Including but not limited to bodily injury, property damage, contIactual, products and completed operations, watercraft. if under twenty-six (26) feet and Ocean Marine if over. and personal injury with limits of not less than 11 Apr 87 RevJsIoa PnmnmeatNo.751801oo CONSTRUcnON CONTRACI' PN 0'702 Blcl # 7518JW PAGE C-2 $1,000,000 per occurrence, $1,000,000 aggregate covering all work performed under this contract 3. Business Automobile Liability: Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than 51,000,000 combined single limit covering all work performed under this contract. Contractor further agrees coverage shall include liability for owned, non-owned, and hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for hired and non-owned automobile liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Automobile Liability policy. If the Contractor is shipping a product via common carrier, automobile liability coverage will be waived, however transit coverage must be provided, inCluding coverage for loss or damage to property while in transit, until delivered and accepted by the County. Delivery does not constitute acceptance. The Contractor shall be responsible for any loss or damage sustained in delivery/transit 4. Umbrella Liability: Umbrella Liability: With limits of not less than $2 million per occurrence covering all work performed under this contract. 5. Hazardous Materials Insurance: For the purpose of this section, the term "hazardous materials" includes all materials and substances which are now designated or dermed as hazardous by Florida or Federal law or by the rules or regulations of Florida or any Federal Agency. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, ifhazardous materials are identified while carrying out this contract, no further work is to be performed in the area of the hazardous material until County Risk Management has been consulted as to the potential need to procure and maintain any or all of the following coverage through an addendum to the contract: a. Contractor's PoUution Liability: For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract, including, but not limited to, all haz8rdous materials identified under the contract b. Asbestos Liability: For sudden and gradual occurrences and in an amount no less than $1,000,000 per claim and $1,000,000 in the aggregate arising out of work performed under this contract. c. Disposal: When applicable, the Contractor shall designate the disposal site and furnish a Certificate of Insurance from the disposal facility for Environmental Impairment Liability Insurance, covering liability for sudden and accidental occurrences in an amount not less than $3,000,000 per claim and $3,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $6,000,000 per claim and $6,000,000 in the aggregate. d. Hazardous Waste Transportation: When applicable, the Contractor shall designate the hauler and furnish a Certificate of Insurance from the hauler for Automobile Liability Insurance with Endorsement MCS90 for liabjlity arising out of the transportation of hazardous materials with an amount not less than $1,000,000 annual aggregate and provide a valid EPA identification number. ***** Note: Certificates of Insurance shall clearly state the hazardous material exposure work being performed under the contract. ***** 11 Apr 87 RewisioD l'r'ocla..-t'No. 75180100 CONSTRUCfION CONTRACT PN 0702 Bid # 7S18JW PAGE C-3 Policy Form: I. All policies required by this contract, with the exception of Professional Liability and Workers' Compensation, or unless specific approval is given by County Risk Management, are to be written on an occurrence basis, shall name the County of Sarasota, its Commissioners, officers, agents, employees, and volunteers as additional insured as their interest may appear under this contract Insurer(s), with the exception ofProfessionaI Liability and Workers' Compensation, shall agree to waive ail rights of subrogation against the County of Sarasota, its Commissioners, officers, agents, employees, or volunteers. 2. Insurance requirements itemized in this contract and required of the Contractor shall be provided on behalf of all subcontractors to cover their operations performed under this contract The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to subContractors. 3. Each insurance policy required by this contract shall: a. Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer's liability. b. Be endorsed to state that coverage shall not be suspended, voided, or canceled . by either party except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to County Risk Management. 4. The County of Sarasota Shan retain the right to review, at any time, coverage, fonn, and amount of insurance. 5. The procuring of required policies of insurance shall not be construed to limit Contractor's liability nor to fulfill the indemnification provisions and requirements of this contract. 6. The Contractor shall be Solely responsible for payment of all premiums for insurance contnbuting to the sati.s.filction of this contract and shall be solely responsible for the payment of all deductJ.bles and retentions to which such policies are subject, whether or not Sarasota County is an insured under the policy. 7. Claims Made Policies will be accepted for Professional Liability, Workers' Compensation, Hazardous Materials. and such other risks as are authorized by County Risk Management All Claims Made Policies contributing to the satisfaction of the insurance requirements herein shall have an extended reporting period option or automatic coverage of not less than two years. If provided as ~ option, the Contractor agrees to purchase the extended reporting period on cancellation or termination unless a new policy is effected with a retroactive date, including at least the last policy year. 8. Certificates of Insurance evidencing Claims Made or Occurrence Form Coverage and conditions to this contract are to be furnished to Sarasota County Risk Management, 1660 Ringling Boulevard 3111 Floor, Sarasota FL 34236, prior to commencement of work AND a minim,un of thirty (30) calendar days prior to expiration of the insurance contract, when applicable. All insurance certificates shall be received by County Risk Management before the Contractor will be allowed to commence or continue work. 9. Notices of Accidents (occurrences) and Notices of Claims associated with work being performed under this contract sball be provided to the 11 Apr 07 RnbIoa ~No. 7SllltllOO CONSTRUCTION CONTRACf 1'N 0701 Bid'7S1UW PAGE C-4 Contractor's/subcontractor'slConsultant's insurance company and County Risk Management as soon as practicable after notice to the insured. VI. Contractor's Affidavit: When all work contemplated by the contract has been completed, inspected and approved by the County or its duly authorized agent, the Contractor shall furnish to the County the Contractor's affidavit as required by the Construction Lien Law, Florida Statutes Ch. 713. Signed Release of Lien may also be required by the County at its option. Vll. Payment: Upon certification and approval by the County or its duly authorized agent, monthly payments may be made to the Contractor upon his application for all services or work completed or materials furnished in accordance with the contract. All pay requests must be submitted on diskette, with a hard copy attached, and in a form satisfactory to the Clerk of Court who initiates disbursements. Prior to substantial completion, monthly payments shall be made on the value of materials furnished or services and work completed up to the time of said application, less an amount retained as shown on the "Retainage Table" of General Provision 8.7.1 Retainage. Retainage may be reduced upon issuance of the Certificate of Substantial Completion by the County if, in the sole opinion of the County, sufficient progress on the schedule has been accomplished, all Notices of Lien have been resolved, and the County has retained adequate retainage for the final completion of the Project and all estimated liquidated damages. The County shall inform the Contractor's Surety of any reduction in retainage. Contractors must update each new pay request in accordance with any changes made to the previouS submittal. Final payment shall be made after approval by the County or its duly authorized agent of all work, materials or services required under this contract 1. Monthly pay requests shall be submitted each month on the anniversary date of the Notice to Proceed. 2. Monthly pay requests for less than $200 are not acceptable and will not be processed, except for a final pay request VllL Time for Performance: Time is of the essence in the performance of this contract The Contractor specifically agrees that contract time will begin on the date that the contract is awarded by the Boani of County Commissioners. All work to be performed under the provisions of this contract shall be completed to Substantial Completion in not more than SIX'IY (60) calendar days, and an additional 30 days to Final Acceptance, subject only to delays caused through no fault of the Contractor or acts of God. IX. Liability of the Contractor: Pursuant to F.S.S. 725.06(2), the Contractor shall indemnify and hold harmless the County, its Commissioners, officers, and employees liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of the contract This section of the contract will survive the completion or termination of the contract. x. Cbant!es: No changes to this contract or the performance contemplated hereunder shall be made unless the same are in writing and signed by the Parties hereto. In the event of any disagreement as to the provisions of this contract with the plans and specifications that are made a part hereof by reference, the contract shall control. 11 Apr 07 RevIIioa Proc:1IremeIIt Ne. 75180100 CONSTRUCTION CONTRACf PN 0701 Bid.7518JW PAGE c-s XI. liquidated Damaees: The Parties to this contract agree that time is of the essence in the work provided for herein and that a precise determination of actual damages which would be incurred by the County for delay in the completion of the work provided for herein, aside from the additional cost of inspection and supervision, would be difficult to ascertain. Accordingly, the Parties to the contract agree that the liquidated damages for those items of damage not otherwise provided for by this contract, for each and every day that the time consumed in completing the work provided for in these construction docwnents exceeds the time(s) allowed therefor, shall be the amount(s) stated below per day, including Saturdays, Sundays, and legal holidays. The Parties specifically agree that the liquidated damages provided for herein do not constitute a penalty. Furthermore, since the additional cost of inSpection and supervision arising from a delay is not difficult to ascertain, it is agreed that the Contractor shall pay, in addition to the liquidated damages provided for herein, all expenses for inspection and supervision occasioned by the failure of the Contractor to complete the work within the time(s) fixed for completion herein. The amount(s) of liquidated damages together with the additional costs for inspection and supervision occasioned by the Contractor's delay will be deducted and retained out of the monies payable to the Contractor. If not so deducted, the Contractor and sureties for the Contractor shall be liable therefor. The amount of liquidated damages to be assessed for each calendar day that Substantial Completion is delayed beyond the required date of Substantial Completion shall be SIX HUNDRED THIRTY.FOUR DOLLARS ($634.00) per day. The amount of liquidated damages to be assessed for each calendar day that Final Acceptance is delayed beyond the required date of Final Acceptance shall be ONE HUNDRED FIFTY EIGHT DOLLARS FIFI'Y CENTS (5158.50) per day. XII. Contractor's Reoresentations: Contractor makes the following representations: I. Contractor has familiarized himself with the nature and extent of the cOntract documents, work, locality" all local conditions, and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress, or performance of work. 2. Contractor declares that he has visited and examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done, that he has examined the plans for the work and other contract docwnents relative thereto and has read all the addenda furnished prior to the opening of bids, and that he has satisfied himself relative to the work to be performed. 3. Contractor has investigated and is fully informed of the construction and labor conditions, of obstructions to be encountered, of the character, quality, and quantities of work to be perfonned, materials to be furnished, and requirements of the plans and other contract documents. 4. Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the work, and no additional examinations, investigations, tests, reports, or similar data are or will be required by the Contractor for such pwposes. 5. Contractor has given County written notice of all conflicts, errors, or discrepancies that he has discovered in the contract documents and the written resolution thereof by Engineer is acceptable to the Contractor. 11 Apr fJ7 RevIIloa P~tHo. 75180100 CONSTRUCTION CONTRACT PH 0702 Bid nSI8JW PAGE C-6 6. Contractor declares that submission of a bid for the work constitutes an incontrovertible representation that the Contractor has complied with every requirements of this Section, and that contract documents are sufficient in scope and detail to indicate and convey understanding of all tenns and conditions for performance of work. 7. Equal Opportunity: The Contractor assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this contract. 8. Public Entity Crimes: In accordance with Section 287.133, Florida Statutes, a person or affiliate who bas been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. XIll. Entire Contract: These contract documents constitute the entire understanding and contract between the Parties and supersede any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matters of this Contract. The Contractor recognizes that any representations, statements, or negotiations made by County staff do not suffice to legally bind the County in a contractual relationship unless they have been reduced to writing and signed by an authorized County representative. This Contract shall inure to the benefit of and be binding upon the Parties, their respective assigns, and successors in interest. XIV. Notice Provision: A:n.y notice or other communications concerning material changes to the contract shall be sent via certified U.S. Mail, return receipt requested, postage prepaid to the relevant address listed below. Contract clarifications or questions regarding the inteIpretation of plans and/or specifications not involving: (a) any contract claim and/or dispute, (b) questions of time not involving extension, delay, or reduction of time, ( c) monetary or compensatory issues, (d) fully eXecuted IFCAs (Interim Field Change Agreement) and/or (e) material changes to the contract, shall be sufficiently given if delivered personally or sent via U.S. Mail, postage prepaid, addressed as follows. 11 Apr IJ7 ReYlIiOD rr-r-t No. 75180180 . CONSTRUcrION CONTRACf PN 1J702 Bid. 7518JW PAGE C-7 Contractor Representative: print or type information County's Projeet Administrator: Name ~n..~ \ ~A(, \~ \-e ~\ ~CL\ f"'~ <<fer \ \., (:) C. e\e'or~ -\-lor\, R\vA o;ts:.lt> I . Ce\e'\orG..h ~ l {:\ ~<{.7</7 Name Gary Downing, P .E. Road Program Construction Manager Title Title Address Address 1001 Sarasota Center Boulevard Telephone (S b \)- 7. f - e.u.3 Fax (~bl) - -S (. \0- '-\ "j..Q \ Sarasota FL 34240 Telephone Fax 94 I -861-0878 941-861-0762 P.Co.r \\':)\'f~ ~\or\~o.. \...~"..)~. 1\1t-\- XV. Waivers: Failures or waivers to insist on strict performance of any covenant, condition, or provision of this contract by the Parties, their successors or 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 contract e-mail e-mail GDOWNlNG~gov.net XVI. Modifications: This contract may be modified only by instrument in writing and signed by the Parties hereto as aforeSaid. XVII. Counteroarts: This contract may be executed in any number of counterparts, anyone of which may be taken as an original , XVIll. No Third Partv Rieh..: The parties hereto do not intend nor shall this contract be construed to grant any rights, privileges or interest to any third party. XIX. Remedies: The parties hereto agree that remedies for damages or any other remedies provided for herein shall be construed to be cumulative and not exclusive of any other remedy otherwise available under law. xx. Access To Records: Contractor, its employees and agents including all subcontractors, shan allow access to its records during nomal business hours to the County, its employees and agents. XXI. Severabllitv: If any provision of this contract is found by a court of competent jmisdiction to be in conflict with an applicable statute or ordinance, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but sbaII not. invalidate any other provision of this contract xxn. .Jurisdiction and Venue: Jurisdiction and Venue for purposes of any legal action founded upon this contract shall be in Sarasota County, Florida. This contract shall be governed by the laws of the State of Florida. 11 Apr 07 RmIIcna ~tNo. 75180100 CONSTRUCTION CONTRAcr PH 0702 Bid'7S18JW PAGE C-8 f I f There will be no arbitration on claims allegedly arising under this contract between the County and the Contractor. In the event of a dispute or claim arising out of this contract, the parties agree first to try in good faith. to settle the dispute by mediation in Sarasota County, Florida under the Commercial Mediation Rules of the American Arbitration Association, before resorting to litigation. In the event such mediation does not result in a suitable resolution, then litigation will be used. IN WITNESS WHEREOF, the parties have hereto set their hands and seal the day and year first above- mentioned. WITNESS: CONTRACTOR: Florida Highway Products, Inc. .... Signed By: _~ ~ ("'" ~ Signed By: ~~.A P c-e$lde-n.t Print Name: Pr V"'\ '" fV""\, '" ~ Print Name: Date: 1\ r: c:.. \ 0, ::;J.1..> c.:.7 Title: Date: bee... Ib,.;;lOO/ (SEAL) SARASOTA COUNTY BOARD OF COUNTY COMMISSIONERS OFS~ACOUNTY AtJ By: ~ , Ch' Dote: ;f/;/:ztvT (SEAL) ATTEST: eputy Clerk TO FORM AND CORRECfNESS: County Attorney .,tz 11 Apr 07 ReYiliOD ~No. 75180100 CONSTRUCTION CONTRAcr PN 0702 Bid # 7518JW PAGEC-9 12/1112007 13:35 FlOrida Highway products (FAX)4075664201 P .0011001 SARASOTA COUNTY GOVERNMENT MINORITY BUSINESS ENTERPRISE PROJEcr PLAN I)PnljeaNmna:~2Dd-=-2007~). PN0702.BloIlP " 1SIIlW %) T_ Bid Pric:c: 55<<1.881..65 3) S% ofT_ Bid Price: S21,044.0& 4) Typo of Subcaatncl Wart S)~DC ~Nam8 6) DoIhw Amoat 7)H. L J. K. M. AD 8}(A) (GPIl) ND +t b 9) I certify, undec penalty ofpmjmy, for the Project IbcJWD above, that forthc subconIracts, material-men Conlrllcts and the good fiUth effort listed above, Certified Minority Business En1crpriscs Iball complete the subcontracts lIS shown or that Good Faith Effort did OI:CUI'. I fiu1hcr certify that this plan shall be carried out tbrougb-out thc Project life and that any proposed changes sball be submitted in writing, for Prior BpPmval oftbe County. Comnan., Name c:- 10 t'"l do. ~f uY4.f ~CJ tJ~ A~ \I.., 0 C.e \ e\orn-h OY'\ b \ V j \ S.fP to ( City C. Il \..'P\oC"~~trr\ . State t:l ~.I c:la.. Telcphon{4oDsfe:.b...l.{:J.17 Sigua~ afCompany Officer ~H, ~ I TItle {)N'"...::; 1~.Q..n.+- Date bpc , {) .:lea "7 . . D.atc_.l).ec.. 10 J ~ 7-., . i I I I i 1 I i i i i I I , i I I I I I I I I I TOTAL DOlLAR AMOUNT =Notaq~i III . GENERAL INFORMATION':-"OliJi'tIjC "Viii&f'liSlCiitcid'fijf-iL'WifiI-of-lliiS Bid ilrreqwn:cl'to complete, 'sign; and submit this Minority Businc:ssEntelprlse(MBE} plan. The: awardee is eacouragad to &Ubcontrac:tno lcsstban S% ofrbcirtoCldBid pricewitb CcrtifiedMBE firms. Note: When &mding is being provided by an outside IIpIICy (Example: FDEI", CDBG, State Revolving Funds. etc.) 1hcir requircmeDIs will talm prcocdcncc. ' MBE 6nns dJathave completed certificatian with the StBtoafFlorida sIIIll bcauJmDatir:ally eligible. Subcontractors listed in the MBE Project Plan are subject to the Subcontractor UlI'DIllIUld l~ listed in tbeBid specifications and Project Contnlct. (Ifnccdcd continue on IlU8ched ~) CONTINUED ON NEXT PAGE MBE-1. ACORD,., CERTIFICATE OF LIABILITY INSURANCE Page 1 of 3 I DATE 11/28/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willis North ~erica. Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Century Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P. O. ~ 305191 Nashvi1.1.e. TN 372305191 INSURERS AFFORDING COVERAGE NAlC# INSURED Florida Highway Products IDC. INSURERA: Old Reoublic GeDeral :tnaurance Cornoratio 24139-001 1170 Celebration Blvd. INSURERB: Markel AIIlericiUl Xnsura=e CoIIInanv 28932-001 Suite 101 Ce~ebrati.on, FL 34747 INSURER C: ------ INSURER D: ------ I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BaOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING /W'( REQUIREMENT. TERM OR CONDITION OF IWY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERT~ THE INSURANCE AFFORDED BY THE pOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POlICIES. REGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAlO CLAIMS. ~~ ~ POUCYEXPIRATlON -- TYPE OFDlSURANCE POUCY_ UMITS A X ~ENERALUABILnY A2CG456507 8/1/2007 8/1/2008 EACH OCCURRENCE s 1 000 000 ~ ocw.GENERAL LIABIUTY 1rU.....""TO~- S 100 000 f-- CLAIMS MADE [i] OCCUR MED EXP (Anyone person) S 5 000 I-- PERSOHAl. & ArN INJURY $ 1 000 000 I-- GENERAl-AGGREGATE S 2 000 oon nEN'1.AGG~EUMfT A~ PER: PRODUCTS-COMP~AGG S 2 000 000 POLICY y ~ Y LOC A X ~UABIUTY A2CA456507 8/1/2007 B/U2008 COMBINED SINGLE LIMIT ~ N<< MJTO (Ea_l $ 1,000,000 10- ALL OWNED AUTOS BODILY INJURY (Per_) $ 10- SCHEDULED AUTOS -- 10- HIRED AUTOS BODlL Y INJURY (PorllCddent) $ 'I-- NON-<lWNEO AUTOS ------ I-- PROPERTY DAMAGE $ (Per-> RUABKJTY AI1TO ONLY. EAACCIDENT $ --- N<< AUTO OTHER 1ltAN EAACC $ ----- AUTO ONLY: AGG $ B X rBREU.AUASILlTY XO-NJ-2246-07 8/1/2007 8/1/2008 EACHocaJRRalCE $ 2_ 000 000 OCCUR 0 a.AlMS MADE AGGREGATE $ 2,000 000 R=E $ --------- $ ------ S $ A WORKERS COlIIPENSAT1Of4 AND A2CW456507 8/1/2007 8/1/2008 X. _IIT,.......l 10Jlr EMPLOYERS' IJAIIlUTY PN'f PROPRlETORIPARIMER/EXECUTIV E.L EACHACCIOENT $ 500 000 ~EXa.UDE07 ELDlSl;ASE.EAEMPLOYEE $ 500.000 ~~below E.L DISEASE. POLICY UMIT $ 500.000 OTHER DESCRIPTION OFOPERAT1OIfSll.OCATIONSIYEHICLE$ISlOHS ADDED BY ENDORSEMENTISPECIAL PROVIIl1OHS Re: Resurfacing 2nd Increment 2007 (Micro-surfacing), PN0702, Bid ~7518JW It is agreed that Sarasota County Risk Kanagement and Sarasota County Government are included as Additional Insureds as respects to General Liability, Auto Liability and Excess Liability, but solely in regards to work being perfor.med by or on behalf of the Named Insured where required by written contract. CERTlRCATE HOLDER CANCELLATION Coll:21B6340 SHOULD ANY OFlllE ABOVE DESCRIBED POUCElI BE CANCELLED IlEJ'ORE THE ElCPIRATlON DATE THEREOF. THE ISSUING "'SURER WILL EHllEAYOR TO MAIL E- DAYS WRITTEN NOTICE TO lllE CERTIFICATE HOl.J)ER NAIIIED TO 11IE LEFT, BUT FAILURE TO DO so SHALL ~ NO 08I.1C1ATlON OR UA8ILfTY OF ANY KIND UPON THE "'SURER. ITS AGENTS OR A11VEs. Sarasota County Risk Jllanag.-ent 1660 JU.ng1ing Bou1evard 3rd F100r Sarasota, 1"L 34236 ACORD 25 (2001/08) @ACORD CORPORATION 1988 Wdbs CERTIFICATE OF LrABILITY INSURANCE Page 2 of 3 I DATE U/28/2007 PRODUCER 877-945-7378 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Willi. North Aaerica, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 C.Dtury Blvd. ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P. o. Box 305191 NaShville, 'TN 372305191 INSURERS AFFORDING COVERAGE NAlC# INSURED Florida Highway Products IDC. INSURERA: Old Republic GeDeral IlUIUrlLl1C8 Corooratio 24139-001 1170 Celebratioa Blvd. INSURERS: Harkel Aaeric&J1 Insurance CClllDlLI1V 28932-001 Suite 101 CelebraUoD, FL 3nn INSURER C: INSURER D: I INSURER E: DESCRlP1lON OF OPERATIONS4.OCATIONSIVEHICLESICLUSICINS AIIIlED BY I!NDORSElIIENTISfIECIAL I'RCNISICINS Xt is further agreed that such insurance as is afforded shall be PriJaary with any other insurance in force for or which may be purchased by Additional Xnsureds where required by written contract. Xt is understood and agreed that the company waives its right of subrogation against Sarasota County Risk Kanagement and Sarasota County Qovermnent which may ari.. by reason ofa payment of claim under the General Liability, Auto Liability, Excess Liability and Workers' Compensation policies where required by written contract. Coll:2186340 Tpl:709765 Cert:9851673 Page 3 of 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s). authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) . Coll:2186340 Tpl:709765 Cert:9851673 Best's Rating Center - Company Information for Markel American Insurance Company ~'R.,~1i iIr.dh . ~bt;~ti:nlS .. '~~ ',~.~..,' '~~...... :~~, :~~;;.:::\.,~:/:..". .~;~',.' ,~~:~.~..., ~0Ii~., f I I I I I II I : 1 1 ~ ' Page 10f2 . ,p VIeW Ratings: Financial StntntJth Issuer Cntdit Securities Advanced Search Other Web Cen1et Markel American Insurance Company (8 member ~ MarIaII CorIXIrIIIion GroIlD) A.II.BelItll: 10102 MAle ll: 28132 FEIN ll: 5413R877 Slock TICbr: New VOlt SlDct ExdIange NYSE-MKL Address: N14 W23800 Stone Ridge Drive Waukesha, WI 53188 Assigned to companies that I have. in our DpiniDn. an 8XIClIlIIInt lIbIity to __their ~ obIlgationa tD po/icyhoIdera Phone: 262-548-9880 Fax: 262-544-4443 Web: www.markelcom.com Besfs Ratings Financial Strength Ratings VIew Definitions Rating: A (Excellent) Affiliation Code: 9 (Group) Financial Size Category: XII ($1 BUlion to $1.25 Bi/lion) Outlook: Stable Action: Affirmed Effective Date: June 01, 2007 * Denotes Under Review Best's Ratings Reports and News VISit our NewsRoom for the latest news and press releases for this company and its A.M. Best Grou~ Issuer Credit Ratings VIew DefInItIo Long-Term: a+ Outlook: Stable Action: Upgraded Date: June 01, 2007 ~. Best.'s Company Report - includes Besfs Financial strength Rating and rationale along wItI ,., , analytic8l commentary, detailed business overview and key financial data. P Report Revision Date: 071fYiN2007 (1ePf'8S8Irta the latest significant change). Historical Reports are available in Best's Companv Reoort Arehive. ~., Best's Executive Swnrnary' Reports (Financial Overview) - available in three versions, till ~i style reports feature balance sheet, income statement, key financial perfonnance tests incluc Iiqukflty and reserve analysis. . Data Status: 2007 Besl.'s Statement File - PIC, US. Contains data compiled as of 11128J2QO Checked). · Single Company - five years Of financial data specifically on this company. · Comparison - side-by-side financial analysis of this company with a peer group of up to companies you select. · Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. ~ AMB Credit Report - Business Professional - provides three years of key financial data pr l~F colorful charts and tables. Each report also features the latest Best's Ratings, Rating RationE from our Business Review commentary. , Data Statw: Contains data compiled as of 1112B12007 (Quality Cross Checked). IiiI. Besfs Key Rating Guide Preset.fation Report- indudes Best's Financial Strength Rating ~as provided in Best's Key Rating Guide products. . . Data Statw: 2006 Fmancial Data (Qua/lly Cross Checked). Financial and Analytical Products Best's Pmoertv/CasUaltv Center - Premium Data & Reoorts Best's Key Ratina Guide - PIC. US & Canada http://www3 .ambestcomlratings/FulIProfile.asp?Bl=O&AMBNuriI=602&AltSrc=1 &AltN... 12/612007 Best's Rating Center - Company Information for Old Republic General Insurance Corp Page 1 of2 .~ceriter; \ . ,~:MStt~ .~'~ R8tings. Def.inIIoll$ . t ~~.~ ~:R'el~ii,~!II ' . VIIl!NI Ratings: Financial StrenGth Issuer Credit SecuritieS Advanced Search Other Web Centet ,. Old Republic General Insurance Corp (a member ~ Old Reaublic QenerallnllUl'llllCe GrouD\ A.1II.Best #: D2383 HAle #: 2A139 FBN #: 368067&76 Address: 307 North Michigan Avenue Phone: 312-346-8100 Chicago, IL 60601 Assigned III c:ompanies that I" have. in our apInion. . superior . ability to meet their ongoing abligaIion& to policyhcllders. Best's Ratings Financial Strength Ratings Ylew.Pefinltions Rating: A+ (Superior) Rnancial Size Category: IX ($250 Million to $500 Million) Outlook:. stable Action: Upgraded Effective Date: June 07. 2007 * Denotes Under Review Best's Ratings Issuer Credit Ratings Y_ Definltio Long-Tenn: aa- OuUook: Stable Action: Upgraded Date: June 07. 2007 Reports and News VISit our NewsRoom for the latest news and Dress releases for this company and its A.M. Best Grou~ ~ """'" l'am..", _-.............. _........ Rating'" - along wiD '.(, an8lytical commentary, detailed business overview and key financial data. ,-::: Report Revision Date: 0711012007 (represents the !atest significant change). Historical Reports are available in Best's Comoanv ReDOrt Archive. ~;. Best's Executive Summary Reports (Financial Overview) - available in three versions, till ~ style repor1s feature balance sheet, income statement, key financial perfonnance tests incIlI( . liquidity and reserve analysis. Data Status: 2007 Best's Statement File - PIC, US. Contains data compiled as of 11fl8/200 Checked). . Single Company - five years of financial data s~cally on this company. . Comparison - side-by-side financial analysis of this company with a peer group of up to companies you select. . Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. ~.. AMB Credit Report - Business professional- provides three years.of ~ey fina~al dat~ pr ~. colorful charts and tables. Each report also features the latest Best's Ratings, Rating Ratione . from our Business Review commentary. Data Status: Contains data complied as of 1112812007 (Quality Cross Checked). IIiIiI Best's K.,- Rating Guide PreseL\tation Report - includes Besfs Financial Strength Rating lJYas provided in Best's Key Rating Guide products. - Data Status: 2006 Anancial Data (Quality Cross Checked). Financial and Analytical Products Besfs Prooertv/CasuaIty Center - Premium Data & Reoorts Besfs Key Rating Guide -PIC. US & Canada Besfs Statement File - PIC. US Besfs Statement Rle - Global Besfs Insurance Reoorts - PIC. US & Canada http://www3.ambest.comlratings/FullProfile.asp?Bl=O&AMBNum.=2383&AltSrc=1 &Alt... 12/6/2007 Nielson, Wojtowicz & Associates THERE IS A DIFFERENCE... December 7, 2007 Florida Highway Products, Inc. 1170 Celebration Blvd, Ste 101 Celebration FL 34747 RE: Sarasota County Board of County Commissioners, as Obligee Resurfacing 2nd Increment 2007 (micro-surfacing), PN0702, as project Bond No. 0125599 Dear Ladies and Gentlemen: Please supply us with the following information forthe above captioned final bond: Executed Contract with Date: x This letter is also giving Florida Highway Products, Ine. , as Principal and/or Sarasota County Board of County Commissioners, as Obligee, the authority to complete these bonds by dating the bonds with the contract date, execution and Power of Attorney dates. The contract date MAY BE THE SAME date as the exeCution of the bond or PRIOR to the execution date of the bonds. We will forward this information onto your surety company upon our receipt. Plea,se return as soon as possible. Thank you for your cooperation. cJZin ely. ~- v .W ojtowicz Attorney-in-Fact Providing Bonds for the Construction Industry 33 6th Street South, Suite 700, St Petersburg, FL 33701 H:\DOC\CFORMLE1lm~ll.~ Free (800) 965-9597. Fax (727) 209-1335 www.performancebonds.com . A Member of: t~~~/fc. SARASOTA COUNTY GOVERNMENT PERF9Rl\1ANCE AND PAYMENT BOND In compliance with F.S. Chapter 255.05(1)(a) BOND NO.: CONTRACTOR NAME: CONTRACTOR ADDRESS: OU5599 Florida Highway Products, Inc. 1170 Celebration Blvd., Suite 101 Celebration, FL 34747 407-566-4200 Berkley Regional Insurance Company 325 Columbia Turnpike, Suite 203 Florham Park, NJ 07932 PH: 866-245-1973 Nielson, Wojtowicz & Associates 33 6th Street Stmth, Suite 700 St. Petersburg, FL 33701 PH: 727-209-1803 Sarasota County Board of County Cnmm'!:t.'lioneci c/o Public Works Business Center 1001 Sarasota Center Boulevard.,SaIasota FL 34240 941':'861-0876 . $560.881.65 7518Jw ~iDg 2M Incrcinent2007 ~ PN 0702, This project consists of pnniRhing and placing of latex modified emulsion, maintenance of tra:ffic (MOT), stripping and limited restomtion work: on existing roads listed iri the co~t documents~ Restoration includes resCUing of survey monuments and rcstDratioD as reqoiied or cii+eCted by the engineer. CONTRACTOR PHONE NO.: SURETY COMPANY: SURETY AGENT: OWNER NAME: OWNER ADDRESS: OW.NERPHONE NO.: BOND AMOUNT: BlD NO.: DESCRIPTION OF WORK: ~entoIY ofroads in Sarasota County included in this project is attaChed'~ the bid documents. PROJECT ADDRESS: Inventory of roads in Samsota Coun1y included in this, prOject is attached to the bid documents. LEGAL DESCRIPTION: BY THIS BOND, We, Florida Highway Products, Inc., as Principal and Berkley Regional In9urance' eompany , a Corporation, as Surety, are bound to Sarasota County, herein called Owner, in the sum of $560,881.65, for payment of which we bind oUIllelves, our heirs, personal representatives, successors, and assigns, jointly and severally. 23 MAl:' 1I6Rev1sJGa PERFORMANCE AND PAYMENT BOND I'l'KlII1:IIUintNo. 75180100 PAGEPB-l ~OTA COUNTY GOVERNMENT PERFORMANCE AND PAYMENT BOND In compliance wi1h F.S. Chapter 255.05(1)(a) THE CONDmONS OF THIS BOND is that ifPrlocipa1: 1. Perfonns. the, CoDiTact dated . between Principal and Owner, for.. coIistruction of Resurfacing 2d. Increment 2007 (MicrCMmrfaci,og), PN 070~ Bid 'If. 7518JW the Contract being made a part of this boDd by .reference. at the times and in the m!lJ1D.Cl" prescribed in the Contract; and 2. Promptly makes paymc;:ntB to aU claimants. as defined in Section 255.05 (I) Florida Statutes. supplying :Principal with labor, mllterilll~; at supplies, used directly or .indirectly by Principal in the prosecution. of the worle ~ for in the COnlIact; and 3. Pays Owner all losses, ~; expenses, costs, a.n.ti aUorney's ~ inch,lding appenate proceedings. that Owner sustains because of a default bY Principal under the Conf:raCt; and 4. Pec.furms file guaJ:lQItee of all work and J]18.taDaJs ~ished lDlder the Contract for the time speciGed in 1hc Contract. then this bond is void; other wise it rcmaiDs in full force. Any changes in or under the Contract documents and compli~cc or noncompliance with any fomWities connected with the ContCsct or the changes does not affect Surety's obligation under this bond. Any action in.s1;ituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida. Statu:tes. IN WITNESS WHEREOF, the said PRlNCIP AL and SURETY have signed and sealed this instrument this (date) f!: Florida Highway Products. Inc. Principal By, ~~l(7 As President {SEAL) . ~rkley Regional Insurance Company StJrety ~C) tOWJ.cz. ,Attorney-in-fact 23.MaI:' CIIi RerisIo., PERFORMANCE AND PAYMENT BOND !'raaInmeIItNa. 75180100 PAGEPB-2 SARA$OTA COUNTY GOVERNMENT PERFOR1\1ANCE AND PAYMENT BOND . In compliance with.F.S. Chapter 255.05(1)(a) APPROvED as to form and execution: By: I Attorney to Boaro of ...:, fa... y/ County CoIl11llissioners of Sarasota Cpunty, Florida Any Claims under this bond may be addressed to (name and address of Surety): . Berkley Regional Insurance Company 325 ColUlllbia Turnpike, Suite 203 Florham Park, NJ 07932 Telephone No: 866-245-1973 Name and address of agent or &.c:prescntB.tive in Florida if Different from above: 'Nielson, Wojtowicz & Associates 33 6th Street South, Suite 700 St. Pe~ersburg, FL 33701 Telephone No: 727-209-1803 23 Mar 06Rmsio1a PERFORMANCE AND PAYMENT BOND PI"DClIAIIleat No. 7518010lj PAGEPB-3 No. 491a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY . WILMINGTON, DELA WARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, . Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Kevin R. Wojtowicz of NkIson &: Company, Ine. of SL Petersburg, FL its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shaD exceed Fifteen Million and 00/100 DoDars (515,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company ex(:Cpt in the manner and to the extent therein stated; and further . RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; . and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall bave the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall bavebeen such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments sball be issued." . IN WITNESS WHEREOF, the Company has ~ts to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this l:.!.. day of 2007. (Seal) :'~r Ira S. ennan . Senior Vice President & Secretary Berkley ~I ~e Company By ~r~ Robert P. Cole Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECflCUT ) ) ss: , COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this -.!.!... day of ~007. by Robert P. Cole and Ira S. Lcdc:rman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Seaewy, respectively, of BerIdcy Regional Insurance Company. ta:ILEEN KILLEEN NOTARY PUBUC W COMMISSION EXPIRES JUNE 3>, 2012 ~~ Notary Public, State of Connecticut CERTIFICATE 1, the lDldersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY. DO HEREBY CERTIFY that the foregoing is a. true, co~ and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the AttOrney-in-Fact set forth tben:in, who.executed the bond or under1aldng to which this Power of Attorney is lIUacbcd. is in fuU force and effi:ct as of this date. Given under my hand and seal of the Company, this _ day of ~-/2- John F. (Seal) I I J I I :I .1 ~I .1 I I Best's Rating Center - Company Information for Berkley Regional Insurance Company Page I of2 Rating O!inter, ' R!Itirig MeUIOdoIogy IndUstrYRe3eaI ch ' RalqJs ~1IlIQriS,. SeerCh Bes:t's ~ ~~", ~PrOCi.IdS '~ ',~&" ~fttsk': " ,~~,~". HOw:tooet ,Reed ,'od8ct an Analyst' . ,P VIeW Ratings: Financial Strength Issuer Credit Securities Advanced Search ~ Other web Centet Berkley Regional Insurance Company (amemberofW R BerldevGrouD) A..M..Best II: 11946 MAIC #: 2lI58O FEIN II: 431432A6 Address: 475 Steamboat Road Phone: 203-629-3000 Greenwich. CT 06830 Fax: 203-629-3073 Assigned to .-.paIlies that I:' have, in our opinion, . superior abiIilv to meet their ongoing oIJIVIdions to poIicyllD1dllf$. Besfs Ratings Issuer Credit Ratings V"_ Deflnltlo Long-Tenn:aa- Outlook: Stable Action: Upgraded Date: August 21, 2007 Financial Strength Ratings VIew Deflnltions Rating: A+ (Superior) Affiliation Code: 9 (Group) Rnancial Size Category: X ($500 Million to $750 Milion) OUUOOk: Stable Action: Upgraded Effective Date: August 21, 2007 * Denotes Under Review Besfs Ratirias Reports and News VISit our NewsRoom for the latest news and Dress releases for this company and its A.M. Best Grou~ _ Best's Company Report - includes Bests Financial Strength Rating and rationale along wit] ~ analytical commentary, detailed business overview and key financial data. ~.g Report Revision Date: 0812112007 (represents the latest signIIicant change). - Historical Reports are available in Bests Comoany Recort Archive. ~,' Besfs Executive Summary Reports (Financial Overview) - available in three versions, tho ~/ style reports feature balance sheet, income statement. key financial performance tests inclue 6ql.idlty and reserve anaJysis. Data'Status: 2007 Best's Statement File - PIC, US. Contains data compiled as of 11/28/200 Checked). . Single Company - five years of financial data specifically on this company. . Comparison - side-by-s1de financial analysis of this company with a peer group of up to companies you select. . Composite - evaluate this company's financials against a peer group composite. Report average and total composite of your selected peer group. ~ AMB Credit Report _ Business Professional - provides three years of key financial data pr !~}'; colorful charts and tables. Each report also features the latest Best's Ratings, Rating Ration~ c::: from our Business Review commentary. Data Status: Contains data compi~ as of 11/2812007 (Quality Cross Checked). Iiiil Besfs Key Rating Guide Presentation Report - includes Best's Financial Strength Rating .....,.as provided in Best's Key Rating Guide products. '- Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Prooertv/Casualty Center - Premium Data & Reports Best's Key Ratina Guide - PIC. US & Canada Best's statement FHe - PIC. US Best's statement File - Global http://www3.ambest.comlratingsIFullProfile.asp?Bl=O&AMBNum= 1 1945&AltSrc= 1 &A... 12/11/2007 Sarasota County Public Works Road Program Sarasota, FL 34240 CONTRACT No. 001 FHP INe Phone: 941-861-0913 Fax: 941-861-0762 Signed: By: Date: Paul Carlisle 1/8/2008 Unit Cost: Unit Tax: Total: Contracted By: Sarasota County Signed: By: Date: $560,881.65 $0.00 $560,881.65 Contracted By: FLORIDA IDGHWAY PRODUCTS Robbin L. Levar 1/8/2008 Expedition @ Page 2 of2 March 10, 2008 George Mantell, Project Manager Public W orkslEngineering Division City of Boynton Beach 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL. 33435 Re: Proposal for Double Course Micro-Surfacing, Crack-Filling and Rut-Filling on various Roads in your City for the 2007 /2008 Budget year. Estimated 110.360sv Dear George; Per your request, Florida Highway Products Inc. (FHP) and I are pleased to submit a proposal to Crack-Fill, Rut-Fill and place a double course of Micro-Surfacing on various roads throughout the City. This work would be performed utilizing the current Sarasota County Annual Micro-Surfacing Contract PN 0702. Bid No. 751SJW. I will be delivering you a full copy of the executed contract. The proposed roads listed below have been measured for quantities and location by you and I this week. If the proposal is approved, I will need 5 or 6 maps to give the crews to perform the work. Locations Quantities I) SE 2Sth Ct from Federal Hwy to End of Entrance, 903sy @ $3.29/sy = --------------------- 2) NW 4th St from B B Blvd to North End, 8,191sy @ $3.29/sy = ------------------------------- 3) NW 1st St from NW 13th Ave to MLK Blvd, 3,997sy @ $3.29/sy = -------------------------- 4) Bav Tree Dr from Meadows Blvd to Bay Tree Cir, 463sy @ $3.29/sy = -------------------- 5) Bav Tree Cir from Bay Tree Dr to Bay Tree Dr, 6, 134sy @ $3.29/sy = --------------------- 6) Bav Tree Ln from Bay Tree Cir to Bay Tree Cir, 1,600sy @ $3.29/sy = -------------------- 7) Heather Lake Dr from Meadows Blvd to Heather Cove Dr, 1,127sy @ $3.29/sy = ------- S) Heather Cove Dr from Cul-de-sac to Cul-de-sac, 3,369sy @ $3.29/sy = -------------------- a) 2 Cul-de-sac' s, 1, 120sy @ $4.24/sy = __________u___________________________________________ 9) Heather Trace Dr form Cul-de-sac to Cul-de-sac, 1,470sy @ $3.29/sy = ------------------- a) 2 Cul-de-sac' s, I, 120sy @ $4.24/ sy = ------------------------------------------------------- 10)NW Sth Ave from Seacrest Blvd to NW 1st St,I,374sy @ $3.29/sy = ------------------------- 11) NW 11th Ave from NW 1 st St to NW 5th St, 4,968sy @ $3.29/sy = ---------------------------- 12) NW 5th Ct from Seacrest Blvd to NW 2nd St, 3,372sy @ $3.29/sy = -------------------------- 13) NW 3rd St from B B Blvd to NW 13th Ave, 7,944sy @ $3.29/sy = ---------------------------- 15) NW 2nd St from B B Blvd to NW 8th Ave, 5,139sy @ $3.29/sy = ----------------------------- 16) NW 1st St from B B Blvd to MLK Blvd, 7,974sy @ $3.29/sy = ------------------------------- 17) NW 3rd Ave from Seacrest Blvd to NW 2nd St, 2,817sy @ $3.29/sy = ------------------------ IS) NW 4th Ave from Seacrest Blvd to NW 5th St, 6,275sy @ $3.29/sy = ------------------------ 19) NW 5th Ave from Seacrest Blvd to NW 2nd St, 2,943sy @ $3.29/sy = ------------------------ 20) NW 7th Ave from NW 1 st St to NW 2nd St, 2,017sy @ $3.29/sy = ----------------------------- 21) Railroad Rd from NW 13th Ave to MLK Blvd, 1,778sy @ $3.29/sy = ----------------------- 22) NW 9th Ct from Seacrest Blvd to NW 8th Ave, 3,639sy @ $3.29/sy = ------------------------ 23) NW Sth Ave from NW 5th St to NW 3rd St, 3,230sy @ $3.29/sy = ----------------------------- Pricin2: $ 2,971 $ 26,948 $ 13,150 $ 1,523 $ 20,181 $ 5,264 $ 3,708 $ 11,084 $ 4,749 $ 4,836 $ 4,749 $ 4,520 $ 16,345 $ 11,094 $ 26,136 $ 16,907 $ 26,234 $ 9,268 $ 20,645 $ 9,682 $ 6,636 $ 5,850 $ 11,972 $ 10,627 March 10, 2008 City of Boynton Beach Annual Micro-Surfacing 07 / 08 Page 2 Locations Quantities 24) NW 13th Ave from NW 1 st St to Seacrest Blvd, 1,53 7sy @ $3.29/sy = nnn____mn_____m 25) NW 5th Ave from NW 3rd St to NW 4th St, 1.176sy @ $3.29/sy = nn_____n_U____n__n_____ 26) NW 9th Ave from NW 5th St to NW 3rd St, 3,141sy @ $3.29/sy = nmm_m___n_m_____m 27) NW 7th Ave from NW 3rd St to NW 4th St, 1,176sy @ $3.29/sy = ___U_mmn_n_nnnn_n 28) NW 3rd Ct from NW 1 st St to NW 2nd St, 1,881 sy @ $3.29/sy = nnn______nn__n__mn___ 29) NW 7th Ave from NW 1 st St to NW 2nd St, 1,594sy @ $3.29/sy = _______nn_U____n___mm 30) NW 3rd Ave from NW 3rd St to NW 4th St, 1 ,176sy @ $3.29/sy = _____nn_________________m 31) NE 21st Ave from NE 4th St to Railroad Tracks, 1,454sy @ $3.29/sy = mu____nn_n_nm_ 32) M.L.K. Blvd from Seacrest Blvd to NW 5th St, 7,457sy @ $3.29/sy = n__n__n__nn__n____ 33) M.L.K. Blvd from Railroad to Seacrest Blvd, 5,13 8sy @ $3 .29/sy = ___n_n_________mm___ a) Parking Areas on MLK Blvd, 1 ,666sy @ $4.24/sy = n____nn__n_n_n___nnnnn__m Total Double Course Micro-Surfacing, 106,454sy @ $3.29/sy = ----------------------- Total Double Course Micro-Surfacing Cul-de-sac, 3,906sy @ $4.24/sy = ------------ Estimated Crack-Filling - 3,250 gal @ $13.45/gal = -------------------------------------- Estimated Rut-Fill (Leveling), 200 tons @ $230.00/ton = -------------------------------- TOTAL MICRO-SURFACING PROPOSAL = ------------------------------------------- Pricin2: $ 5,057 $ 3,869 $ 10.334 $ 3.869 $ 6,188 $ 5,244 $ 3,869 $ 4.784 $ 24.534 $ ] 6,904 $ 7.064 $ 350,234 $ 16,561 $ 43,713 $ 46,000 $ 456,508 Florida Highway Products, and I would like to take this opportunity to thank you and your City for allowing us to perform your Pavement Maintenance needs. If you have any questions or concerns, please contact me at your earliest convenience at 561-719-1225. Respectfully, Bob Patty, Regional Manager, FHP cc: Robert Maggard, President/CEO, FHP John Klein, Senior Project Manager, FHP FHP file dYW ~NINOllIaNOJ~H aYOH SlIWI7 A..J.r.) NOlNAOS ~.::.~ .....""~("'('~.. " j{ , I , l\ i' ';" { II i ':"" ~ NOISIAIU DNIH:3::3:NIDN:3: / .LN:3:N.LClVd:3:U S)lClO.M. JI1Hild HJV:3:H NO.LNAOH OtItI'ItI(J$ 1I()f;'''' DfJC'OU lStX) SA YntHAO l7'1HdS'I J.SCX) aoV:/I/m1OIIalW 'XOIldrllfSOI:/'1J.lIl1'Hlt)f; 7lflOl :S!l.LtflfUS3lstXJ ~ ~ = SOI:/IfA 31:/mOS 71flO..L I1f1<< NI a3NOIJJaNO::JHI:/ HS OJ SO'lOlJ - S37n03H::JS 1.N3W3AOl:ldWI b:;r~~,!:1t{}l'l aN'fl OiHU l'i{)l.J,::).E(~~:" !' 00. NO/.LitJNO:) (I~OI1 WP'.I NOlJ./iJNO:J 01'0/;/ aOOtJ :', U:~Y(\"i)':-P (l~DH C.'Ot)e;) )l::l.i.~/t ON3D37 t8 L2 22 31VJS ON f..--J \ r"" ~:~ ~~ ....i. 91 01 emo H::.U.l'A VI.-CONSENT AGENDA ITEM 8.6 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates. in to City Clerk's Office ~ April ]5,2008 March 3],2008 (Noon) 0 June] 7,2008 June 2, 2008 (Noon) 0 May 6, 2008 Apri] ]4,2008 (Noon) 0 Ju]y ],2008 June ]6,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 Ju]y ]5, 2008 June 30, 2008 (Noon) 0 June 3, 2008 May ]9, 2008 (Noon) 0 August 5, 2008 July ]4, 2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business 0 Public Hearing 0 ,.-- RECOMMENDATION: Motion to approve Chaz Equipment of Wellington Florida to rehabilitate tlfi;'City'!s::; wastewater gravity manholes for a total project cost of $476,202.00 plus a 5% contingency of $23,810.00, fOr a tOlal'" ::'0 ,..~ of: $SOO,012.00. c.v /"0 - EXPLANATION: The Utility Department received Commission approval to develop an extensive Infiltrat~ an~ Inflow program. We have completed the first two inspection phases and are currently working on our thint.1lhas~..", The program is to identify structural deficiencies associated with the gravity lines and manholes, to reduce-trea~eltt and maintenance costs and to operate an efficient wastewater system. After review of the reports from pJiDse I,~ti;. have identified approximately 39,197 feet of pipe and 249 manholes to rehabilitate and the department iWallip:j~,~is project "1&1 Program Phase I repairs". Due to the nature of the work; we will be working with two different ~") contractors, one to perform the pipelining and one to do the manhole rehabilitation. -..:: The department would like to piggyback the City of Delray Beach contract bid #2002-37 with Chaz Equipment for rehabilitating the manholes with SewperCoat. The City has had great success with this method and with Chaz Equipment and would like to continue with this project. Chaz equipment will clean and rehab the structures for a cost of $SOO,013.00. Attached is a spreadsheet outlining the individual manhole costs and the area where the work will take place and the City of Delray Beach bid documents. PROGRAM IMPACT: The total project cost is $476,202.00 and is available by utilizing the piggybacking procurement process with an awarded contract. FISCAL IMPACT: The total project cost is $476,202.00 and funding is available in account #406-S000-590-65-04 SWR OS9 Manhole Rehab. AL TERNATIVES: The technology method being recommended is very cost effective. This type of structure rehabilitation replaces the more costly conventional excavation of replacing the manhole structure with a new one. The alternative of not rehabilitating the manhole structures will continue to contribute to infiltration and inflow resulting in an increase in treatment and maintenance costs and eventually serious repairs including failures. 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'lIo, g, '11'1;, J .2f i~ C!~~gc~r!~I'-1111 3180 Fairlane Farms Road, Suite 1 Wellington, Florida 33414 Tel: (561) 333-2109 Fax: (561) 333-2180 LETTER OF TRANSMITTAL City of Boynton Beach Utilities Department Mr. Anthony J. Lombardi Utility Maintenance Manager 124 East Woolbright Road Boynton Beach, Florida 33435 March 21, 2008 RE: Rehabilitation of Sewer Manholes - Annual Contract Piggy Back ProDosal; Mr. Lombardi, Please accept this letter as a response to your request regarding the extension of our services under City of Delray Beach Contract 2002-37 to the City of Boynton Beach for the rehabilitation of manhole structures in your sewer system. Please refer to the attached detailed proposal spreadsheet totaling $476,203.00 for the rehabilitation of 249 sewer manholes. Once completed, the Sewpercoat product will stop all structural ground-water infiltration into the sewer system, re-establish structural integrity and provide an H2S corrosion barrier for many years to come. Chaz Equipment Company agrees to extend to the City of Boynton Beach our services in accordance with the prices, terms and conditions set forth within the contract documents of the City of Delrav Beach Sanitary Structure Interior Rehabilitation Contract #2002-37. Please let us know if there is any additional information you need, and we look forward to working with you. much, Gary F. Czajkowski President SEw.DCcMT.~ [ITY DF DElAAY IEAlH DURAY BEACH III':IfJId AIl-Amerlca City '1111' April 18, 2007 !99l :20 () ! Gary Czajkowski, President Chaz Equipment Co. Inc. 3460 Fairlane Farms Road, Suite #8 Wellington, Florida 33414 RE: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab Annual Contract - 4th Year Renewal Dear Mr. Czajkowksi; Our City Commission., on April 3, 2007, approved the one year renewal with your company for the annual contract for Sanitary Sewer Manhole Interior Rehab. Term of the contract will be from October 01. 2007 to Seotember 30. 200&,. Items will be ordered via individual purchase orders and/or blanket order releases on an Has needed" basis for the contract tenn. Please forward to my attention, an updated cenificate of insurance, naming the City of Delray Beach as additional insured at limits specified in the bid package. We would like to thank you for your good perfonnance and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, _ 1 ,J ~) ''''~J' " ""..""..L.t.;. ~li", '''''-', .. r' .' I J aeklyn Rooney Purchasing Manager uL ttO.;} ~ cc: Joseph Sa.fford~ce Director Victor Majtenyi, Deputy Director Public Utilities Richard Hasko, Director of Environmental Services Scott Solomon., Manager Water & Sewer Network FROM :CHAZ EQUIPMENT CO., INC. FRX NO. :5613332180 Rug. 29 2006 02; 12pi" llTY DF DELIA' IEA[H ';:1 ;- DElRAY BEACH ~ AII.Amerlca City " II f! ~"i' }",; ",~ 100 N.W 1~! AVFNlJl= DEI,RAY BEACH, rlORIDA 3::l4i1i1 !iG1/24S- 7000 July 12~ 2006 1 ~lq,l ;1,001 Gary C7.ajkowski~ President Chaz Equipll,1ent Co. In.c. 3460 Fairlane Road, Suite #8 Wellington, Florida 33414 RTIF: Bid #2002.37 Sa:t1itary Sewer Manhole Interior Rehab Annual Contract, 4th Year Renewal Dear Mr. C~ikowski; Our City Manager, on July 05, 2006 has approved the one (1) year renewal with your company for the above referenced su~iect. Term. of the contract will be fr.om October 01,2006 to Sl;lul.ember 30. 2007. hemes) shall be ordered via ind.ividual purchase orders and/or blanket order releases on an "as ne~d basis" for the contract term. We would like to thank you fbr your good service and interest in. the City of Delray Deach. Ifj"ou have any quest.ions, you may reach me ft.t (561) 243.7163. / Sincerely, r-) " ~+^~ .J acklyn Rooney Purchasing Manager ~ Cc;; Joseph Safford~ance Director Victor Majtenyi, Deputy Director Public Warks Richard 1 h:L.'.ko, Director of Environmental Services Scott Solomon, Manager Water & Sewer Network rIC';' ";:~;";,'i:"'-'-:+"(;:~":" " . JUL 1 3 2006 l':~",/: ------- @ Pril/l<;d 011 O"'''yc.lsd Pill"" THL EFFORT ALWAYS MATTERt.; FROM :CH~Z EQUIPMENT CO., INC. FAX NO. :5613332180 Aug. 29 2006 02:13PM P3 CITY DF DELAAY "EA[H ,4 DELRAY BEACH ,~ 'AII"AmfiricaClty '~IIt: 11,)0 N .W, 'I ~t AVLNUF DEl.HAY BEAGH, FLOH/rJA 3~'H4" 5t51/~!.1:'l..7000 June 26,2006 r~!':~' ;-=;'; :-=::;-:;:. ';-"'.';- ',:;':-" -, ;'_7':'-- I ' ,; r .JW,; z 8. /OOB I I ; ~::n?, ' -'''; L 1__.._.._..,._._,......,....,.,.. ..; 1 ~9~i 2001 Gary Czajkowski, President Chaz Equipment Co. Inc. 3460 Fairlane Farms Road, Suite #8 Wellington~ Florida 33414 REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehah AnnuaJ Contract~ 4nd Year Renewal Dear Mr. Czajkowski; The annual contract for the above referenced Bid ex-pires on September 09, 2006, Per page #5, Section 20 "Renewal" of the General Conditions of this bid package: "The City Manager may renew the contract, at the same terms, conditions, and prices for four (4) consecutive terms of onc (1) year subject to vendor(s) acceptance, saiillfactory performanco and deter,rnination that renewal will be in the best interest of the City". Please advise if this extension of your contract at prices quoted in your original Bid dated August 27, 2002 would be acceptable. Respond by signing below and returning one original copy to my attentjon~ Jacklyn Rooney, Purchasing , Division, City of Delray Beach, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, c:;,-e.~~/,A., R' C/uW).- / Jacklyn Rooney, Purchasing Ma;tager /' ~by . ( ~ the one (1) year ..ton.ion oflh. AUhjeot Bid 1 aIntunabl to provide a one (I) year extension of the subject Bid _Ia. . ,;) C; - Q~ Date /,/ S !gfi~'~~rc /l~.' . ~ ' ,~!rnlll'5A.L Name (p t) co: Joseph Saffo~ance Director . @ r'fU)h~(~ rm f1~C}'(;:r..'I)' f'.'1I)P.' THe EFFORT ALWAYS f',,,1ATTrn::; rallY DF DELRAYBEA[H DElRAY BEACH ~ AII.Amerlca elly " HJ! ,. 100 NW. 1 sl AVE I'.JU E DELR.k,,!, BEACH. FLORiDA 33444 561/2t3-7QOO July 15, 2005 1993 2001 Gary Czajkowski, President Chaz Equipment Co, Inc. 3460 Fairlane Farms Road, Suite #8 Wellington, Florida 33414 I RECRI\7I~Dl I JUL 2 0 2005 ! lEY:=- c=_ "J .... _-.~e."':C ;" . '. ",,'hJ', .,';..,' ......,'._ . .".;.....,"""-r;"'..u.;::"....'" " ..Q,.. ).1. , - .,,~.~ RE: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab Annual Contract - 3rd Year Renewal Dear Mr, Czajkowksi; Our City Manager, on July 14, 2005, approved the one year renewal with your company for the 3.1mual contract for Sanitary Sewer Manhole Interior Rehab, Tenn of the contract will be from October 01,2005 to September 30, 2006. Items will be ordered via individual purchase orders and/or bl3.11ket order releases on an "as needed" basis for the contract tenn. Please forward to my attention, 3.11 updated certificate of insurance, naming the City of Delray Beach as additional insured at limits specified in the bid package,' We would like to thank you for your good performance 3.11d interest in the City of Delray Beach. If you have any questions, yqumaycontactme at (561) 243-7163. / I Sincerely', ~u'YZI'-^_ R cJ2~,uz~J- J acldyn Rooney Purchasing Manager cc: Joseph Saffor~ance Director Dan Beatty, Deputy Director Public Utilities Richard Hasko, Director of Environmental Serviyes Scott Solomon, M3.11ager Water & Sewer Network ~ t=1ri:itecJ un Flec:yc,'/eCJ ,Claper THE Er'!=UF:T AU'V!\'!''.:: MATH: F,c: ... . ( ....r _,~ ......' \ -_.-._.._~ ~ Y, Y - ( y....... ,. ) . [ITY DF DELHRY BER[H " DElRAY REACH .~ for,? 1,00 N.W. lHt AVF.NLJF. OELr:lAY AFAC:H, FI onm^ a:jJl.4.1 !j(l1i2<13 7000 JW1e 28,2005 1993 2001 Gary Czajkowski, President Chaz Equipment Co. Inc. 3.!3() F:lid~~ r.:~R.Q~rl,;:t~6 Wellington, Florida 33414 " REF: Bid #2002-37 - Sanitary Sewer Mat'lhole lnterior Rehab - Annual Contract, 3rd Year Rcnewal \ Dear Mr. Czajkowski; T'h.c annual contract for the a.bove: referenced Bid expires on September 30, 200;;. Per page #5, Section 20 "Renewa.l" of the General Conditions of this bid package, "111e City Manager may renew the contract, at the same terms, oonditions, and prioes for foUI' (4) consecutive tem1$ of one: (1) year subject to'vendor(s) acceptance,satisfactoIY performance and determination that renewa] will be in the best interest of the City", Please advise if this e~tension of your contract at prices quoted in your Bid dated August 27. 2002 wou Id be acoeptable. . Please respond by signing.below and returning one original copy to my,attentiont---Jacklyn Roopey, Purchasing Division, City of Dekay Beach; lOO-N, W.First Avenue, Delray Beach, Florida, 33-444. Sincerely, C~'~Cfp\.- ;F),7:,;"~.t~.: J........ / Jacklyn Rooney, Purchasing ~anag,r l ~ hereby agree 1 the one (1) year oxtension of the su bj ect Bid .~ I am unab t1'provide a one (1) year extension of the subject Bid r::1 . 16 . . f}ko hll ;. 7.-/:2 -OS. Date CC: Joseph Safford.*'ance Director ~ Pnl1lL."a (1/1 Rl..'cYC"/t\J! P:lIlr'r Till E I I (H~ 1 A I WAY S MA" Hi S \ ........'-I.ol..'--,>..J.l..........'-..I ......... I, '-', .... "'-"-,...., I I ............" ,-" I '-.J'-'LJ I >:;....'..;. t"-ll '4 ""y OF DEIAAY BEAtH IJ l:'LlU, Y 8 EAC H ~ 'f" I! " I".; rJ W I,.: ^1/~Nlll 1)1 l HAY RF ^ClI. I. lon/nil :J:l.1'1'1 :,n 11;'>4:3 7000 11)')."\ :!.OUj January 14, 2004 Mr. Gary CzajkoWSki 3460 Falrlane Farms Road. #8 Wellington, Florida 33414 ,-.co ';'IJ(,. To whom it may concern, This letter is to confirm that the Oi of De Ira B aoh C ntract # 002-37 for Sanit Sewer anhole Jryterior Rehabilitation - Annual Contract Is ,an open-ended unit-price contract applicable to one or lore' unit measurements herein With rio limit on price total so long as wilt prices remain constant in aCCordance to the contract document. . Consideration in awarding rehabi/itationof sanItary manhole to Chez Equipment Company in accOrdance with the above contract by 1.fnij pripe oonsideration and Withoutlirhit tcnotal sum by any municipality or governing bOdy witt,in the State of Florida may be given under "piggy back- provisions Without fLlrther need of ~pprgyal from the City of De/ray Bea'ch." Sincerely, . ;;~. W<<-- 'Patsy d I, Bwer City 0 ray Beach Cc: Joseph Safford)~e Director Jackie Rooney, ~~sing Manager ~) J'ljlJlldU on HlIr:vn/~u"f P!::lf',), THE EFFORT AIIlIIll.VL, 1\11 ^.,..~~~ ~-TY DF DElRAY 'BER[H j - ....__.\AY BEACH ~' AII.America City .4 1 , II J! Gary C~jkows~ Chaz Equipment Co. Inc. 3380 Fairlane Farm Road, #16 Wellington, FL. 33414 100 N.W. 1st AVENUE, DELRAY BEACH, FLORIDA 33444, 561/243-7000 August 19,2004 1993 2001 SEP -D 8 2D04 REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab Armi.1al Contract - 2nd Year Renewal .; . Ill;' :'"C".1-. . ~ .... Dear Mr. Czajkowski; Our City Manager, on August 18,2004, approved the one year renewal with your company forthe annual contract Bid# 2002-37-Sanitary Sewer Manhole Interior Rehab. Term of the contract will be from October 01, 2004 to September 30,2005. Items will be ordered VIa individual purchases orders and/or blanket ~eleases on an "as neededu basis for the contract term. Plea~e fOIv:ard to my attention. an updated certificate of insurance. naminll:the City .')fDelrav Beach as an additional insured at li.rnits specified in the bid package. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, yoll may contact me at (561) 243-7161. ~cerelY, ' cfd4J 7l~ Pats~adal, Buyer '- I I cc: Joseph Safforffianbe Director Dan Beatty, Dep. Dilector of Public Utilities Scott Solo~on, M~hager Water/Sewer -' I:i;>.. "~_, THE EFFORT ALWAYS MATTERS ~:ry DF DElRAY BEA[H Dh.-.( BEACH ~ ' AII.Amerlca City "III! 1993 2001 100 N.W. 1st AVENUE. DELRAY BEACH, FLORIDA 33444.561/243.7000 July 14,2004 Gary Czajkowski Chaz Equipment Co. Inc. 3380 Fairlane Farm Road, #16 Wellington, FL. 33414 JUL L 6 LUUlt REF: Bid #2002-37 Sanitary Sewer Manhole Interior " Rehab,~ Annual Co-ntvact 2nd Year Renewal Dear Mr. Czajkowski; The annual contract for the above referenced Bid expires on September 30, 2004. Per page #5, Section 20 "Renewal" of the General Conditions of this bid package, "The City Manager may renew the contract, at the same terms, conditions, and pric'es, four (4) consecutive term(s) of on~ (1) year(s) subject to vendor(s) acceptance, satisfactory performance and determination that renewal will be in the best interest of the City". . Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be acceptable. You may respond by signing below and returning one original copy to my attention, Patsy Nadal, Purchasing Division, City of Delray Beach, 100 N,W. First Avenue, Delray Beach, Florida, 33444. Sincerely,_ ~;~. '" J" ~ ... \ - I. . ~,~) 1 ;!U.f ,/ . .1/1 .d./ ---' . Patsy. ada1, Buyer ee to the one (1) year extension of the subject Bid Package. ~e one (1) year extension of the subject Bid Package. 7 /;)7 /6i Date / Sign ture ~,ql'vl Name (print! Joseph Safford~ance Director Brad Miller, Chaz Equipment Co. Inc. ~ I kou.sk, . v " cc: T~~ F=F=FORT ALWAYS MATTERS JUL 2 5 2003- . / tlTY .DF DELRRY. BERCH ~ _J ,YBEACH .~ '.,:)~ ~i 'if 1;~.l,VE~llJt: Ail-America City , 111'.1..' ~ July 18, 2003 c.'~LF:.A( BEACH. FLORIDA 33444 5611243-7000 Il)l)~ 2110 J Gary Czajkowski, President Chaz Equipment Co. Inc. 3;380 Fairlane Farms Road, #16 Wellington, Florida 33414 .. .;> . '", ., . ~ ; J.,.~ ~ : RE: Bid #2002-37 Sanitary Sewer Manhole Interior Rehab - Annual Contract Dear Mr. Czajkowksi; . Our City Manager, on July 13, 2003, approved the one year renewal withyour company for the annual contract for Sanitary Sewer Manhole Interior Rehab. ~ Term of the contract will be from October 01. 2003 to ~tember 30,2004. Items will be ordered via individual purchase orders andJor blanket' order releases on an "as needed" basis for the contract term. .Please forward. to my attention, an updated certificate of insuran~, naming the City of Delray Beach as additional insured at limits specified in the bid package. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. / Sincerely, / ~K~' J a~klyn R:Oney . Purchasing Manager cc: Joseph Safford,~e Director Dan Beatty, Deputy Director Public Utilities Richard Hasko, Director of EnviroI11nental Se~ices Scott Solomon, Water & Sewer NetworkManage~ ~~ ,c":,-:I=-,;":r. QdC?c:ed Paper THE EFFORT ALW/-YS MATTERS -.. ....... . J, 0 1 ,.".0 1 . ~ J 111 0 1 Zll03 . [I~ DF DELARY BERCH Y BEACH , I 1"1 ~ aad All-America City II1IJ' _ _ _ i=~C, ::,';:...:: =<.~ . ~;61 ~~:;~7CrJ'_; June 25, 2003 1 In) ~ 2' '~ ' I Gary Czajkowski, President Chaz Equipment Co. Inc. 3380 Fairlane Farms Road, #16 Wellington, Florida 33414 REF: Bid #2002-37 - Sanitary Sewer Manhole Interior Rehab - Annual Contract ISl Year Renewal - _.;-~, . Dear Mr. Czajkowski; The annual contract for the above referenced Bid expires on SeptemBer 30, 2003. Per page #5, Section 20 "Rene,val" of the General Conditions of this bid package, "The City Manager may renew the contract, at the same terms, conditions, and prices for four (4) consecutive terms of one (1) year subject to vendor(s) acceptance, satisfactory performance and determination tbat renev-lal will be in the best interest of the City" Please advise if this extension of your contract at prices quoted in your Bid dated August 27, 2002 would be acceptable, . Please respond by signing below and returning one original copy to my attention, Jack.1yn Rooney, Purchasing Division, City of DelrayBeach, 100 N.W. First Avenue, Delray Beach, Florida, 33444. Sincerely, ~atly 7Y dLJ~ J acklyn Rooney Purchasing Manager I / ' / ~ I hereby agree to t~e one cr/;ear extension of the subject Bid .....,~ yatu/)7 U/1I( Name (print) / cc: Joseph safford~e Director _ I am unable to provide a one (1) year extension of the subject Bid 7110-::. Date' / ~ If, 'jjiOI(ISk' ..00\ _1 I - c F:::o '-, = - A l_ ,:::C. ',':: ~,1 :.-- ['= :,: ~I'YDF DELRRY BEACH uELRA Y BEACH ~ All-America City "ifF ~ , 100 N.W. 1 sl AVENUE. DELRAY BEACH, FLORIDA 33444.561/243_7000 October 24, 2002 1993 2001 Gary Czajkowski, President Chaz Equipment Co. Inc. . 3380 Fairlane F,armsRpad, #16 Wellin~o~, Florida 33Li'14' ...;.-~ - A . - ~~J' POd:\ Coo 7 54- d lbJ II 09. -q(~61 o?;; REF: Bid #2002-37 Sanitary Sewer Manhole Interior Rehabilitation- Annual Contract Dear Mr. Czajkowski, Enclosed is one original copy ofthe contract for the above referenced bid awarded to your company by City Commission October 01,2002. Term of the Contract will be from October 01, 2002 to September 30, 2003, with the option to renew for four (4) additional one (1) year periods. We would like to thank you for your good service and interest in the City of Delray Beach. If you have any questions, you may contact me at (561) 243-7163. Sincerely, ~~ ~ / J atdlyn Roo~ey . ,/ Purchasing Supervisol Attachment cc: Joseph S afford, Finance Director C. Danvers Beatty, P.E., Deputy Director of Public Utilities Richard C. Hasko, P.E., Director of EnviroI1.Il1ental Services Scott Solomon, Water & Sewer Network Mailfager . ~ P,."..'a,.l.... =......._1",.( .a.....-"'~ THE EFFORT AL'vVAYS MATTERS h CITY OF DELRAY BEACH .~ INVITATION TO BID PURCHASING OFFICE 100 N.W. 1st AVE DELRAY BEACH, FL 33444 (561) 243-7163 BID NO. #2002-37 DATE: July 23,2002 TITLE: Sanitary Sewer Manhole Interior Rehabilitation BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, Auqust 27, 2002, prior to 3:00 QJIl. at which time all bids will be publicly opened and read. INVITATION TO BID " This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form apart of this bid and by referen~e are made' a part thereof. PURPOSE: It is the purpose andjntent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. , SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 100 N.W. 1st Ayenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, T1T'tE; AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE COPY OF All BID SHEETS. Any failure on the part of the supplier to comply with 'the . ensuing conditions and specifications shall be reason for termination of contract. CITY'S ACCEPTANCE: Unle~s otherwise specified herein. the bidder will allow a minimum of sixty (60) days from the last date for receiving of bids for acceptance of its bid by the City Manager and/or City Commission. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. ENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS .~ 1. SUBMISSION AND RECEIPT OF BTDS: A. Bids, to receive consideration, must be received prior to the specified time of opening as designated in the invitation. B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in tris Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initialed by bidder in ink.. Bids shall be- signed in ink. All prices s'hall be typewritten or filled in with pen and ink. D. All bids MUST be signed with the firm name and by an officer or employee having the a1,Jthority . to bind the company or firm by his/her signature~ 2. QUANTITIES OR USAGE: ft.':'" ..... Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage'shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that rqay ormay not be purchased from any resulting contracts. "These quantities are for' bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices. terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity ppecified in the bidding speCifications. In case of discrepancy in computing. the amount of the bid, the unit price(s) quoted will govern. C. Consideration in awarding bids for term con.tracts will be giv~. firs~ to bidder' offering firm prices subject to market price reduction and second to bidder 9ffering firm prices for full contract' period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less. tha'n our contract price, the successful bidder shall meet these prices and in the event of 'his failure tod.o so, the City of Delray Beach may,?.egcitiate for a new contract on the open market. . D. The City reserves'the right to purchase items on state contract ifsuch items can be obtaIned on the same te~ms, conditions, specifications and in the best interest of the City. E. Biddetsmayoffer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid 'evaluation in the unit prices bid. ' 4. DELIVERY: A. All items shall be delivered F.O.B. destinaUon, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. B. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation iH3elivery is not made at the time(s) specified on bid'form. 5. BRAND' NAMES: If and whenever in the specifications a.brand name, make, name of any manufacturer, trade name, Or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wjsh to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, orequipment covtlred by this bid shall be new. The items bid must be new, the latest model, of the best quality;'dild;"'1'g'hest grade workmanship. . 7. SAMPLES: , Samples~ when requested, must be furnished free of expenseto the City and if not used in testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivereq under this proposal shall remain the property of the seller until a physical inspection and actual 'usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or service's supplied to the City is found to be defective or does not confoiTn to specifications, the City reserves the. right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. . D.EFAUL T PROVISION: In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from .othersources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR PATENi RIGHTS: Bidder warrants that thefe has been no violation of copyrights or patent rights in manufacturing, producing, or selling the/goods shipped or ordered as a resultof this bid, and seller agrees to hold the City harmless fromany:and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. \ The awarded bidder shall also secure the work site before leaving at the end of each working day. .I' '2.. MANUFACTURER'S CERTIFICATION: The City of Detray Beach reserves the right to request from bidders separate ma~ufacturer certification of all Statements made in the proposal. . 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accept~d upon approval by the City Manager and/or City Commission of the City.of Delray Beach and in case of 'default on the part of the bidder or contractor after such acceptance, the City of DelraY Beach may take such action as it deems appropriate including legal action for damages or . specific 'performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: . I'l'~ ,". A. PERMITS: ~here bidders are required to perform work on City structure(s) or property as a resyltoHiidaward,.lhe City,.lNill wC!iyeJhe costJdr permits. Contracto.r shall p'ayfQr.permits for all btherwork.. '. '.' ""'. >... - ,.... .,.. B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License before a Notice To Proceed will be issued. C. LIABILITY INSURANCE: The City ,prefers the insurance and bonding companies have a BEST Rating no less than A-, VII or better. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's. Risk Management Office at (561) 243-7150. See pages 14 & 15 for Insurance Requirements. A "sample" certificate has been attached. .' '15. SPECIFICATIONS: "'1 A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT., If variation's are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detall specifications stated herein that would render the'material/service from use as specified will not relieve the bidder from responsibility. " 16. AWARD OF CONTRACT: The City of Delray Beach r~servesthe right to accept any Bid or combination of Bid alternates which, in the City's judgment will ?:,est serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregUlarities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all /non-conforming, non-responsive, unbalance.d or conditional Bids. The City. reserves. the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the pur~hase in the best interest of the City. Discrepancies in the multiplication of units of . Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum tif any column of figures and the correct sum thereof wiil be resolved in favor of the C0rrect sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the State and/or Federal Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate No. 60-08-116241-54C appears on each purchase order. \ FAILURE TO BID: If you do not bid, return .Statement of No Bid Form" and state reason. Other\^/js~, YOUR NAME MAY BE REMOVED FROM OUR MAILING LIST. 19. EXCEPTIONS TO CONDITIONS, 1 THRU 18 (Boiler Plate) Any. time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, FOU R consecutive term(s) of ONE year(s) subject to vendor acceptance, satisfactory performance and" determination that renewal will be in the best int8I~st of the City. 21. ANTI-COLLUSION: A. Bidder certifi~~ that'this bid is made without prior uhderstanding, agreell:;eni:. Q~ ",:::;:"',~GtiO!', with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list (s). 22. CONFLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delr?1Y Beach is directly or indirectly interested in this bid or in the supplies, materials, equipmeClt or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes 'and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (10) or more in the bidder's firm or any of it's branches. 23. NON-DISCRIMINATION: I The Bidder shall not disct1rninate against employees or applicants for employment because of race, creed, color, religion, s~x, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure th?t applicants are employed and that employees are treated during employment, . without regard to their-race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. Such action ~hall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitme'nt advertising; layoff or termination; rates of payor other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this Qondiscrimination clause. These 'provisions apply to all subcontractors and it is the responsibility of the subcontractors to bein compliance. DISCRIMINATION: An entity or affiliate who has bee.n placed on the discriminatory vendor list may hot submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity tor the construction or repair ota public building or public work, may not submit bids on leases of real property to a public entity, may not award or'perform work as a contractor., supplier, subcontractor. or consultant under contract with any public entity, and may not transact business with any public entity. . . "~';-:..'. . ,.= ....;..-.... , .. . ~"...., .'. ...... / / / ... ! STANDARD FORM OF AGREEMENT BETWE.EN. CITY AND CONTRACTOR ,~ THIS AGREEMENT made this day of , 20_, by and between the CITY OF DELRAY BEACH (hereinafter called CITY) and . Chaz Equipment Co. rue. (hereinafter called CONTRACTOR). WITNESSETH: The CITY and the- CONTRA~TOR in consideration of the mutual covenants '-" -' .' "'- -.... hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby r~presents that he has carefully examined all Contract documents, and will perform the, contractual requirements pursuant ~o all covenants and conditions. . 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physic?\ characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid price. includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following / documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS I nvitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate I nsurance Requirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal (Schedule of Pricing) Bid Signature Page PAGE NUMBERS 1 - 6 7 - 11 12 13 14 15 16 17 - 24 25 - 26 27 ;'j )NTRACT DOCUMENTS (cont'd) Btaternent of No Bid References PAGE NUMBERS 28 ," 29 Addenda numbers n/a to ill p. ,inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now ....~.y.... . I ..:"." .,;.- ..' .' . . . and hereafter in force. The venue for acticin$ arising but of this agreel11e,,(Shall-M Palm . Beach County, Florida, 6. All notices, requests, demands, and other 'given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: ' ; City of Delray Beach, FL 100 NW 1 st Avenue Delray Beach, FL 33444 As to CONTRACTOR: Chaz Eauinment Co. IilC. " 3380 Fairlane Farms Road. 116 / Welling.ton. Florida. 33414 I 7.. The CONtRACTOR shail not, without prior written consent of the CllY, . assign any portion of its interest under this contract and, specificaliy, the CONTRACTOR shail not assign any monays due or to become due without the prior written consent of the CITY. 8. The CITY and the CONTRACT.OR each binds himself, his partners, \ successors, assigns and legal representatives to the other party heretoin respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemhify and save hqrmless the CITY, it~ officers, agents and employees, from or on account of any liabilities, damages, losses and costs received 0 r sustained by any person or persons by or in consequence of any negligence (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR In the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misbotldCfcti'ticl-tldes, '5ot"is 'not limitec!to, ,use of .aI1Y- ir-nprorer.,ma'.ir!~r~al,~or liabpities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not\imited to the violation of any Federal, 8tate\ County or -:ity ,laws, by-laws, ordir}ances or regulations by the CONTRACTOR, his subcontractors, . . t agents. servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from al\ such claims and fees, and from any and all suits and actions of every name and description that may be brought aga~nst the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be y;'rought against the CI1Y for the infringement of any and all patents or patent rights cl~imed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by r ~. 'Ione directly or indirectly employed by either. This indemnification. includes all costs and fees including attorney's fees and costp at trial and appellate levels. ",~ The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the ,CONTRACTOR acknowledge$ that the bid price includes said cons,ideration for the ind.emnification provision. 10. This Agreement sh?1I be consider~d'null and void unless signed by both the .. .. CONTRAC-TORa.ndthe.ClTY....:~., ,. ..". ,- . . .;,. .... "_0" ",J'lJ...:....,. ,":;. -, .r;.1.."", . /'\)" ,;. I' 11. The. contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be alt~red, amended9r repealed by a duly executed written instrument. ~ " " I I / \ '. 10 :~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written. ATTEST: JL/~ City Clerk ' Approved as to form: f\'1 ,) ~City Attorney ~. ~ wmftl hUll i1u{1~ J'0o CI'(1 :bf\~ ~.;WHr5k, (Print or type name and title)/ Ql!'( OF DELRAY BEACH, FLORIDA -By: 0~.J~S:-.E-~- David W. 'Schmidt, Mayor CONTRACTOR: BY: --- ~F\el1 r~j'r.:Wrt.!::84 (Print or type name and title) (SEAL) 11 ,'" CORPORATE ACKNOWLEDGMENT COUNTY of STATE OF _ J~e., f~r~~~i.".:~~:~::~_w:~aCkno:led~ed ~e:ore me thiS: 0 /" da~ Of.,. . ~b:;.:r .; , 20 n(j ,by (i"r~fr.:Wd I~j--(oome"f . offi ce r or .age nt, titl e of officer 0 r a gent), of '-A-l eel d rr . (state. or place of incorporation) corporation, on behalf of the corporation: He/She is (personally known to me) (or has produced identification) and has used his/h.er ...."':-.,,"... ...... ,'. . . , I, ' . (type of i?Yiy~n) 7as identiffcation. ~1Y~ :4PP~ S' n ture of Person Ta n 0 Acknowledgment . . . -. ~0eN2 Q~Je.~ Name of Acknowledger Typed. . Printed or Stamped / /,,~.,. D,lJU}E It NSELEY l.~iJ' ~.\ MY COA\ISSIOO' CC~ ~~" , 'oj EXPIPlES: JanuarY 23, 2004 . 'I16,',i!\;(ll. ,< BotdodThN IIolUYNotcUndtrwrbn 12 CERTIFICATE (If Corporation) STATE OF FL{tRIDA ) r-;) _^"" ' ) SS COUNTY OF ' ("1'\ ~-{A ) ) (]!;A~2.CERTrF'rlrl~: ~~r~:~:8o~f ~~~;'~~~d[~:~i~~~~~S~:t~rf\['&:U \'me~b ~ E:~_.\M L~ 10 , 20 D~efollOwing resolution was duly passed and adop "RESOLVED", th j .::.\" as ~e8' President of the corporatio , he/sne is hereby authorized to execute the Agr~ement -fated ,20_, between the City of Delray Beach, Florida and this orporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this 10 day of(Dco:t I 2DO&- (YJ h Cfl1~ lk~ {j)~ ~ta~) L (Seal) , INSURANCE REQUIREMENTS \ ' " A. GENERAL During the term of the contract with the City. the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in - compliance with the applicable State and Federal Laws~ In addition, the policy must include Employer's Liability with a limitbf'$100,O~0 each accident. . . " '." :!~ _ .'. eom,oreheftsive..GeR6r-at.LiabUitv...., C.o)Jera.9~ must b~ e.fforded on a form nD morf3 restrictive than the latest edition of the Comprehensi~e'Generar Uaoiilty ~oii'cy .fit€d...d -, by the Insurance Services Office and must include: 3. Business Auto Policy - Coverage must be afforded on a form' no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service. Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operation's. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Expl?sion or Collapse hazards. ~ . r a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non-Ownership. " 3. Certi~cate of In~rance - Certificates of all insurance evidencing the insurance coverage speciV'ed in the previous Insurance Administrator prior to commencement of work. The .required certificates of insurance shall not onlY name the types of . ~Olides ~rOVlded, but shall also refer specifically to this bid and section and the' above ~araqra~hS in accordance with which such insurance ;s. belnq fumlshed.and shall ~tate that such insurance is required bY such paraqraphs of this contract. The successful bidder.will include the City of DelrayBeach asadditidnal insur'ed. If the initial insurance e'xpires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but failure to mail such notic;e shall impose no obligation or liability of any' kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certifica:\e", 1 A '. 870 PelS DEe 21 ',012: :_8: 23 5612437160 CITY OF DELRAY BEA01 r GOOD Dl'StJRANCE, U1C.. P. O. !lOX A-l BEST CITY, USA 00000 IN StJRED '\.lILLlNG \,YORE:.ERS hS SOC. ABC DRIVE ANYTOI-IN. USA 00001 'rYPE OF INSURANCE ClEHERAL LlABIUTY X CCW'REHENSM f-OPJ,( X m~n~/S Uh'QEFlGIlQJJ./O EXPl.0SJCti &. ~ tWJJlD X ~$w.l?LenO OPfMm tS Cl:l/iTRl.CT UJJ.. X. IHOU'€NOEI/! C<lNTAACTORS 5P.OAO FOfW PllOPERTY O,l..<,U.CI; PfASONIoL 1k.llJ-'IY AUT~OeILE UAe.lt..rrr }J(f MO All ~ MOS (P?N. pm.} 1..1. L CM'HEO JJJTOS (0 IHCA THJ..l ) mv. P,ISS. ~o .lJ.JTClS lIOt{oO,VllEO AU ros (OJ..P).(;E LJ!..B I\.IT'( l.lI.(BRflJ.J. Ki'J,( OTtlER tw.'1IA.l8REllA f()I'lJ.l WORl<E.RS' COWffiiSAilOH AND eM P1..0Y ERS' UA.alLITY OTl1ER ~:~n;~.., .~ . :.;;... '.. ...~ ~.~.> . ...~ THIS carrr FICA TE IS lSs1JEo ~ ), Ll;l 'nVl OF LHFOfW. n6+/ 00\. y Ai-m CONn; c...: tiO RIOHTS lJPO/i THe ctFmFlCATE HO\.OER. THIS ~RTl1"lCJ.TE DOEs HOT "'-I.(END E.X'T'E1-l0 ~ ALTER THe COvmAoe.~'BYTHE POuot:s eaow. . . . r\. '.. .,. ... .f. '\0, ~. ~?'l(;;<,"';f ~~~.:f'c~~ .;.,"::.~ ~-:.~ (,2' \-/';: ''3~\.' COMPANIES AFFORDING COVERAGE I I .' .'.. . THIS tS TO csrrtFY THAT P"Ol.X tES Of"lHSlJRANCl!usTEtl aaow IV.ve a.eE.H'.!SSlJE.DTO~' ~KAJ;lEQ MOVE FOI1. THE F'OUCY PEFIlOOIHDicA TED . NOTWI1'HStA.HOlHO ....HY ~()IJ1IIe,IoIEHT. TalM OR COtIl)(TlOli Of' 'JolT ~ OR ~0THa'l DQQ.JilEHT 'HI"l'1'i flf.SJ>E<:T TO 'l'n11CH Tl-Il$ c:arr!F1r-.... n.~ 1.0. of Be t:SS \JEt) OfHt~'(. PSRT "[H"''FI':e~AFFOADIttl ""Y.!r..a;.'XllJO~SIii D-HEAElH 4$.Sttl\.JSe:TTOrll'....)f'l-fS. TeAW>; ,E:XQ..IJS.lC;<(:"",I,h!!'."i.':il:.>HOI- . noNS 01' SUCH P.~.. .' ~r:r !rFf.;TM ~cr ~lb'i ll.'.elUTY UJ..lfTS IN THOUS"'IiOS tl-\TI,~ om~, .~,\'..:. ca:utfi,,~NC! ,l.COP,;;a..rr. CO/J.P mY A RIGBT GUARD :rnSU RAil C E CO_ lE1TEA ~ B COHPLtrE COVERAGE INSOF...!NCE CO. COMP,w'( C LEmA ~ COMP)J{Y D LeTT"EA COMPJ.1-lv E LE'TTER -~ . PUUCY NU~eEf\ GLP077 604 1300<<. y lHJ\JFr1' $ 3-01-90 $ 3-01-91 ,. .,~ ~. ~ ..J' l~ ' " ~"1"T ~ s s el 4 l'O COIJIl&HEO S 300 S 300 ~eRSONAl w.NI'ly $ AI..l?on 605 a:o.r /!UJO" fI".~ S ,,: .. 3-01-90 3-01-91 nl.r ;:if' >:o::t\'ll S P!'fOPt A 1"1' o.u.w;;e S ~O oS 300 ~oS i is , q..P077606 3-01-90 3-01-91 (E.AOi ~ {OlSC,I,SPC~_CY Lt'mJ (OlSt.a.s!.v.t:k EMP\CN'EEl OESCAt?T'IOt-l OF OpeAATlON$I1.OCA~ ITEUS THIS lRS1JRA1H;E .APELJ:~LE 'IO (state p:roje:c.t) *CITY OF' D:E:L:RAY BEA.C i IS ADD1'IIONAL Il1SURED exact 'J as belov. Cross out ~udic~ted vording & provide 30 days written notice) ciTY OF DELRAY BEAG g 434 s. SWINTON .AVENJE .DD..RAY.BUCH. FLORt:>.A. 33444 ...... . I ." . .... .. -. . ... . DRUG FREE WORKPLACE CERTIFICATION' 1. , .4 ;. If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.0'87, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. ,Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any pdlitical subdivision for the procurement of commodities or contractual - services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award proc:.fts~. Established procedures for processing tie bids will be followed if none ofthe tied vendors have a drug-free workplace program. .'~r '''As' ~~.. pers'~n' 'auth';'rlzed' 'to~ sign "fhi~:statei1~enP, ;'t, certify that this ,..f.ir-PlI.. ~ompwc,:;;.Jull:.r.Wjth"tb.E" . following requirements: ' , . " '.~....:: ~.... 1) This firm publishes a statement notifying employees that the unlawful manufacture, dist~ibution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken a'9ainst employees for violations of' such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy oJ 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) This firm gives each employee'engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm ,notifies the employees that, as a condition of working on the commodities or contractual serVices that are wider bid, the employee will abide by the terms of the statement and will abide by the te.rmsof the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violati'1r1of chapter 893 or of any controlled substance law of the United States or any state, for af'iolation occurring in the workplace no later than five (5) days after such conviction. ,I ./ I ' 5) This firm imposes a ,sanction on or requires the satisfactory participation in a drug abuse assistance or rehabil~ation program if such is available in the e'mployee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain drug-free workplace through implementation of this section. --- _ l-\f\Z f~,t~~ff\+ rn Tht. Contractor's Name ~~t.~ , ~ CITY OF DELRAY Sl::ACH BID #2002-37 SANITARY SEWER MANHOLE INTERIOR REHABILITATION " ANNUAL CONTRACT BID SPECIFICATIONS PART 1: GENERAL 1.01 SUMMARY A This specification shall govern alllabo~, materiais;"equipment and appliances necessary for sanitary sewer manhol~ interior rehabilitation for ,the purpose of eliminating infiltration and inflow, providing 'oefr<>s'iopprotection.._reP~[,Af,,,90;IR,ts and v9id~'?tld restoration of the struc:;turalintegrity of th.E\ manhole as. a result of the application of a m6nonthlC'-fiber-re'fhfO'rcEid'stfut;turatlStru'Cri.m!{~:;'~\"'<<raNced pure calcium aluminatecementitious liner to the wall, ceiling and bench surfaces of concrete, brick or any other masonry construction material. 1.02 SUBMITTALS A Submit manufacturer's material data and application and installation instructions for all products used. B. Provide documentation that the proposed manhole rehabilitation process has a minimum 5 year history for reconstruction of sanitary sewer manholes on projects of similar size and scope. . r 1.03 QUALITY ASSURANCE A. Use, mix, apply and cure all products in accordance with the manufacturer's recommendations and instructions. B. Provide recommended daily or per lot test specimens for compressive strength and other testing per applicable ASTM standards. PART 2: PRODUCTS 2.01 MATERIALS A. Patching Mix: 1. A quick-setting, fi'ber-reinforced, calcium aluminate-based cementitious material for patching and filling voids and cracks. 2. Material shall have the following minimum requirements Compressive Strength Shrinkage Bond Cement Density, when applied B. Infiltration Control Mix: ASTM C-109 ASTM C-S9S ASTM C-321 Sulfate resistant 105+Spcf 6 hr 1,400 psi 0% at 90% R.H. 28 day 150 psi 1. A rapid-setting cementitious product specifically formulated for infiltration control. 2. ,Material shall have the following minimum requirements: Compressive Strength Compressive Strength" Bond' Bond C. Grouting Mix: ASTN C-109 AS1M C-109 ASTM C-321 ASTM C-321 , 1 hr 24 hr 1 hr 24 hr 600 psi 1,000 psi 30 psi 80 psi " 1. A rapid setting cementitous grout specifically formulated for stopping very active infiltration and filling voids. 2. A rapid setting chemical grout specifically formulated for stopping very active infiltration. D. Liner Mix: ....~..... 1. A fiber-reinforced pure-fused calcium aluminate cement and calcium aluminate aggregate to be ~ "."" ~wetmJ~ed.ao.d.loW p.t~.9ii.!r~. '~pr~a.'pp.I!i?d. to form the. .$.tructuraV~tructu'rally enhanced monolithic cementLtious liner covering all interior" manhole 's~urfaces:'.' ,.,. r..itferrT~aterial"to"~~'€:r'~aP~r-ge SewperCoat PG or a pre-approved equat. 2. Material shall be pre;.mixed and specially formulated to withstand H2S (hydrogen sulfide) bacterial corrosion and abrasion in sewer networks. 3. Material shall have the following minimum requirements: \ Compressive Strength Compressive Strength Compressive Stfength Compressive Strength Flexural Strength Flexural Strength Shrinkage E. Bonding Compound: ASTM C-109 . ASTMC-495 ASTMC-495 ASTMC-495 ASTM C-293 ASTM C-293 ASTM C-596 6 hr 1.400 psi 1 day> 8,000 psi 7 day> 9,000 psi 28 day> 9,000 psi 12hr > 1,000 psi 28 day> 1,400 psi o percent at 95% R.H. Material shall be a modified cementitious bonding compound that protects exposed reinforcement . 'steel and enhances bond of overlay to substrate. . F. Water. Water shall be clean and ~ftable. PART 3: EXECUTION 3.01 MANHOLE PREPARATION .I A. Place covers over sewer inverts to prevent extraneous material from entering the sewer lines. B. Remove foreign loose and unsound concrete and masonry material not able to be removed by high pressure water spray may require the use of mason's or mechanical tools for removal. C. Loose, unsound, and protruding concrete and masonry material not able to t;>eremoved by high pressure water spray may require the use of mason's or mechanical tools for removal. . . \ . D Clean the interior surfaces of the manhole with high pressure (3,500 psi minimum) w;;!ter spray, using detergent. muriatic acid, antibacterial agent or other chemicals to remove grease, oil and other contaminants 'that would prevent good bond between the existing manhole interior surface and the liner material. 1& Ii E. F. G. H. I. Active hydrostatic leaks (infiltration) shall be stopped using the rapid-setting specially formulated infiltration control mix. .f Very active hydrostatic leaks (infiltration) shall be stopped using one of the rapid-setting grouting mixes specially formulated for control of very active infiltration. Clean and prepare exposed reinforcement steel, and apply and cure bonding compound, in accordance with the product manufacturer's instructions and recommendations. Prepare cracks and voids to be patched and filled, and apply and cure patching mix, in accordance with the product manufacturer's instructions and recommendations. ,;.,J:;..... r.-.' Areas of manholes that are found to be structurally damaged and in need of repair beyond the scope of this specification shall be brought to the attention of the Engineer. A suitable repair method shall be developed for each area and submitted to the Engineer for review prior to commencing the repair. J. Prepat'e,clean':a~d'repafr'man~0h:~.:benbh$...af.ldim..erts in the s.am!2,r.n.~nD~.r..~~.pr~;s9riR~q~?t-i"v~:, 3.02 LINER APPLICATION, CURING AND TESTING A. Prepare manhole surfaces, wet batch-mix liner material, low pressure spray apply liner mix to manhole ceiling, wall and bench surfaces and allow liner to cure in accordance with the product manufacturer's instructions and recommendations. B. Liner application shall be a.5 inch minimum thickness. The application shall be completed with a minimum of two coats. The first coat shall be applied at a thickness adequateto cover the s.ubstrate and be trowled to c.ompact the material into voids and set the bond. The second coat shall b,e applied to ensure complete coverage at the specified 0.5 inch minimum thickness. C. Inverts shall be lined with patching mix, trowl applied in one coat to a a.5inch minimum thickness. D. Prepare, label and submit recommended daily or per lot test specimens for testing. 3.03 CLEANING A. Clean manhole interiors and remove all construction-related materi~!s, equipment and appliances from the manholes prior to reinstatement of the manholes to service. PART 4: MEASUREMENT AND PAYMENT , / 4.01 MANHOLE INTERIOR l1NINt , , A. Measurement Measurement basis for payment for manhole interior lining shall be vertical feet of manhole interior surface lined at 0.5 inch minimum thickness. B. Payment: Payment for manhole interior lining shall be the number of vertical feet of.manhole interior surtace lined times the unit price bid per vertical foot of manhole interior lining. C. Incidentals: All Manhole preparation, liner application, curing and cleaning shall be considered incidental to the unit price bid per vertical foot of manhole interior lining. '2 MANHOLE STRUCTURAL REPAIRS ... A. Measurement No measurement will be made for payment for manhole structural repairs. B. Payment: All costs for manhole structural repairs must be included in price per vertical feet of manhole lining. --:-,"'.." >.-IL~.. ,......... ..... .~.. . ... ~ T~ .:,.c.: . '-. " ... ; ,/O.~. .... . . .;. ....... -.' ; "., ~),. '" . ~., . '.. ' ". " .... ~'.. ..;., '..Mi"- .1(1..... . , '" i i / J , / ....rr rt IV: Contract Information/Requirements: MINIMUM QUALIFICATIONS AND INSTALLER REQUIREMENTS ." The installer shall have been engaged in the installation of Manhole and Lift Station System RehabIlitation Contracting Services for a minimum of Seven (7) Years and have rehabilitated a minimum of Four Thousand (4000) sanitary sewer manholes and 50 lift stations, in the State of Florida, utilizing a system that offers pure fused Calcium Aluminate. The sele~ed contractor will be responsible for knowledge of and compliance with all relative local, state, and federal cones and regulations. The installer must include in the bid a list of Twenty five (25) refere.nces, for which manhole, lift station, or wet well rehabilitation contracting services have been provided within the last Seven (7) years. At least Ten (10) of these references must be current, having had installation~ Within the previous Three (3) years. A contact person and telephone number must be provided for each. ':"For 'C3IJ,.work performed ,under(\h(s. c;ontract,tM succes!?ful Contractor shall provide a competent job-site supervisor and any necessary assistants, all approved by 'Yhe'Was'fe Water Departmento1 D,b!raJt.';""~C'h. ">\8 job-site supervisor shall be present at all times whIle work is in progress. The job-site supervisor shall represent the Contractor at all times while all directions given him shall be binding as per the contract documents. The job-site supervisor shall have a minimum of Seven (7) years experience in the rehabilitation of Sanitary Sewer Manholes, Lift Stations, and Wet Wells utilizing a .product that consists of a pure fused Calcium Aluminate Cementitious Liner. ' , TERMS OF CONTRACT lis Contract will com~ence qn !he dateof award and be in effect for one (1) year. CONTRACT RENEWAL The City retains the right to renew this contract with the consent of the vendor, under the same terms and conditions for four (4) additional one (1)year periods, renewable annually. Any price adjustments requested by the Contractor will be based on the consumer-price-index (CPI) and amendment to the agreement to be processed and approved by the City Commission. All prices at the time of the renewal may be adjusted on the anniversary date of the Agreement and based on the annu'al change to the Consumer Price Index~Southern States for the immediate twelve-month period preceding the renewal of the Agreement. The value of this annual adjustment will ,be determined by the Owner. If the City determines to reflew this Agre~ment, it shall provide the Contractor written notice of such renewal thirty (30) days period to thji termination of the contract tem\ then in effect. TERMINATION Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City as per the Technical Specifications, the City may terminate this Agreement immediately for cause; further the City may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non-performance. METHOD OF AWARD The general criteria that will be used for the evaluation of this bid is set forth in the general bidding requirements along with the responses as stated on the bid proposal pages. Award of this bid shall be made to the most qualified, responsible bidder to whom the City (on \basis of City's evaluation as hereinafter provided) makes an award that is the most advantageous to the City. The City's evaluation of the bid shall take into consideration the cost (total, unit price, or combination of both), City prior experience with bidder, demonstrated expertise of bidder, references of bidder, qualifications of bidder, and ability of bidder to complete the project in a timely manner. ' 21 r PART V - MEASUREMENT AND PAYMENT "~ SCOPE A Payments to the Contractor shall be made on the basis of unit prices in the Proposal Bid Form as full and complete payment for furnishing allmaterials, labor, tools a'r'!d equipment, and for performing all operations necessary to complete the rehabilitation work of sewer manholes, Uftstations, and wet wells by various trenchless methods as authorized by th'e City. The City will establish an annual renewable contract for these services with the successful bidders as described in the Bid Specifications pages 17 throllgh 24. The unit prices 'stated in the Proposal Bid Form include' all costs and expenses for taxes, labor, - equipment, materials, commissions, transportatioll..ph.?rges and expenses, patent fees and'royalties, labor for handling materials during inspection, together with ariy and all other costs and expenses for performing and .completing the work as shown on the details and specified herein, The Basis of jpayniercirt.for:an .i1emaUhEt,p..ri~,~,$h.9Y;J'p' .,in the. Proposal Bid Form shall be. in accordance with its description of'the item in this Section and-as" relateCl to the Wbrl(spetified:A:ln-it. priceswr~ .o!';,;..~:-.~~:;")u:..b the actual quantities furnished and installed in conformance with the Contract Documents. B. The Contractor's attention, is called to the fact that the quotatio.ns for the various ,items of work are intended to establish a total price for completing the work in its entirety. Should the ContraCtor feel that the cost for any item of work has not been established in the Proposal Bid Form or this Section, the cost for that work shall be included in some other applicable Bid item, so that the Proposal for the project'reflects the total price for completing the work in its entirety? ' No separate p~yment will be made for the following work if required and its cost shall be included' in appropriate payment items: . Applications and pulling of all utility and construction permits; . Dewatering and disposal of surplus water; . Structural repairs; . Cleanup; . Testing materials and apparatus; . Maintenance of utilitY service; . Appurtenant work; . Inspection Pboto Records . Maintenance of l/affic. , / The following paragraphs }Yill clarify the work included for the'items listed in the Proposal Bid Form. " MEASUREMENT , The' quantities for payment under this Contract for each Work Order authorized shall be full compensation determined by actual measurement of the completed items, in place, ready for service and accepted by the City unless otherwise specified. The City will witness all field measurements. When depths ar.e indicated in the'bid items, they shall be measured vertically from the existing grade, paved or unpaved, to the pipe invert. It is intended that all work required to complete this Work will be included in the various bid items as described in the following paragraphs. 1. ADD MOBILIZATION/DEMOBILIZATION The mobilization/demobilization cost is applied if a work order has less than 10 sewer manholes or less than 750 square feet (SF) of . wall to be rehabilftated for the work order, this cost item shall be included for payment to the Contractor for the additional mobilization/demobilization costs which becomes significant with the smaller project work orders of less than 10 sewer manholes or less than 750 square feet (SF) of wall to be rehabilitated. . 2. CEMENTITIOUS LINING MANHOLE, BRICK, OR PRECAST REHABILITATION This item of work will be measured and paid for at the unit price per vertical foot of 48-inch or 50-inch diameter of manhole wall named in the Proposal Bid Form. Measurement will be made from the bench, at its highest point, to the upper limit of actually treated wall, cone or chimn.ey. Payment of the unit price per vertical foot will provide complete compensation for cleaning of the wall by both pressurized water and sand or soda blasting; relief of hydrostatic pressure outside the manhole, if necessary; injecting chemical grout to stop active leaks into the man hole, if necessary; furnishing and supplying of all materials or combination of materials making up the patching and coating (waterproofing) and applying or installing them; manufacturer's representative's presence or assistance, if required; isolation of the manhole by plugging entering lines; testing; safety egl,!,ip,ment; and all incidentals necessary to obtain a watertight, sealed manhole wall and bench, 'complete in place. Payment for bypass pumping, if required (other than because of damage caused by ~'ContfCJtlor};willbe'paid'for"Uh'del'-8 separ-ateitem. - . ,- '-__,.__. ~.- CEMENTITIOUS LINING OF LIFT STATIONM'ET WELL SURFACES This Item of work will be measured and paid at the unit price per square foot of wall in a lift station or wet well. Measurement will be made 0 the actual surface area repaired. Payment of the unit price per square foot will provide compensaijon for cleaning of the wall by both pressurized water and sand or soda media blasting methods; relief of hydrostatic pressure _ outside the structure if necessary; injecting' chemical grout to stop active infiltration, if necessary; cleaning; surface preparation as specified herein; furnishing and supplying of all materials or combination of materials, including liner manufacturer's representative's presence or assistance, ,if ,required; isolation of the lift station or wet well by plugging entering lines; testing; safety equipment for personnel; labor, tools and equipment; and all incidentals necessary to obtain a watertight, sealed wall and bench complete in place. Payment for bypass pumping, if required (other than because of damage caused by the Contractor); will be paid for under a separate item. 3. BYPASS PUMPING OF SEWERS a. BYPASS PUMP AND PIPING SETUP These pay items provide complete compensati6n for bypass pumping operations required for sewer manhole, lift station and wet well rehabilitation. The Contractor shall attempt to perform the rehabilitation sewer work without bypass pumping. However, if in the opinion of the City bypa,.ss pumping is necessary, it will be identified as a payment item. The pay item is a one-Pfme charge for all bypass pumping setup operations during a given lining installation, including seNices, regardless of the number of pumps required. Bypass pumping shall be bid on the basis of sewer size which is bypassed. These items shall include, but are not limited to: all necessC;1ry and required traffic control; pumps; piping; gasoline/diesel fuel; maintenance; transportation and storage; temporary bypass and seNice piping; labor; materials and/or any other costs associated with bypass pumping. Plugging or blocking a sewer line shall be included in the appropriate bid item for which the flow must be stopped, this is considered incidental work and no additional payment shall be considered. b. BYPASS PUMP These items shall be paid for on a per day basis for operation of the bypass pumps. Bypass pump operation shall be bid on the basis of the size of the pump used. These items shall include fuel operating costs. 23 4. ADJUSTING EXISTING MANHOLE CASTINGS These pay items provide complete compensation for furnishing all necessary labor, equipment and material to adjust existing r;:nanholes to match existing elevations. ,. 5. FURNISH NEW MANHOLE RING AND COVER This payitem provides complete compensatibn for furnishing new manhole ring and covers as specified by. the Ci.ty to be installed under pay item 4. 6. RECONSTRUCT BENCH AND fLOW CHANNEL This item provides complete compensation for. all necessary labor, equipment and material required to re-construct acomplet~ bench and flow channel, as required per the City's minimum standards. . 7. INSTALLATION OF CHIMNEYSEALS -~. This pay item provides complete compensation for fumishing all labor, equipment and material required to ,install manhole chimney seals. . ~.". 110:. ..: . . "8~ .... R'E'-'IN~" J;'Ll' '"'"'"*.' M"""'B'A"C"E'S ., "" '-"'-., " ..olf"'\ .1-t-'u 1""'" ..;;;) ..A'.. ,", _~,"t.....~'....,.........,~'~; T '.' These pay items will include ,complete compensation for furnishing all necessary labor, equipment and material requireo to re-anchor existing pump bases, where, under the opinion of the owner's representative, is required. , 9. INSTALLATION OF INTERIOR PVC DROPS \ These pay items provide complete compensation for furnishing all labor, equipment and material requi.red to install interior PVC drop piping. 10. REMOVAL OF.EXISTING COATINGS This item pro'vides complete compensation for furnishing all necessary labor; equipment and materials necessary to remove any existing coatings that may exist in full or any portion of an existing structure. . , . 11. REMOVE AND REPLACE EXISTING PIPING AND VALVES This item provides complete compensation for furnishing all necessary labor, equipment and materials necessary to remove and replace all existing piping, check valves, plug valves and all miscellaneous material required for this installation, This work will start at existing pump bases and will terminate prior to where discharge pipingexitsex~sting valve vault. All work shall complywith City of Delray Beach minimum standards. .,'.. I, ,/ / " 24 ITEM MANHOLE/LIFT STATION REHABILITATION BY CEMENTiTIOUS LINING SCHEDULE OF PRICING BID FORM ,. 1.) Mobilization/Demobilization 2.) 3.) 4.) 5.) 6.) 7.) 8,) 9.) 10.) 11. ) 12.) 13.) a. Mobilization/Demobilization if less than 10 manholes or less than 750 SF per job work order ~~o ,rn ~~O'~ . '~ l70' 3q3.~ ~lo 1. ~ (~.Cf) per square foot each ,Cementitious lining of Brick Manhole - 48" Diameter per vertical foot Cementitious lining of Pre-cast Manhole - 48" Diameter per vertical foot Cementitious ling of Brick Manhole - 60" Diameter per vertical foot ..;.>: ..' q.... .....:. "", "." . . Cementitious'lining of Pre -cast Manhole -60" Dianietei' per ve)t'~:B"< c>.-" Lift Station Surface Rehabilitation by Cementitious Lining Sewer By-Pass By-Pass Pump Setup with Bypass Pumping C1> a. Bypass 8" Sewer Setup ~rco each b. Bypass 10" to ~ 2" ~ewer Setup 2cco'~ each , .6 (XX) . CV c. Bypass 15" to 18" Sewer Setup each ct> d. Bypass 24" Sewer Setup r;DW . each e. Bypass 4" Pump I So ,0) per day 8co. a, f. Bypass 6" Pump per day 9~o' CO g. Bypass 8" Pump per day .300' CO h. Bypass 10" Pump per day / eo I f'7 DO . Adjust Existing Manhole Ca~ing within Asphalt Pavement each ! CD[)' to Adjust Existing Manhole Oasting within Green Area each .600' t:!/) Fu~ish New Ring and Gover each 5co' tb Re-Construct Manhole Bench and Flow Channel each !!:Eo . (l) Furnish and Install Manhole Chimney Seal each 500. C50 Re-Install Existing Pump base 4" each 6" SGo,6lJ each \ 050' to 8" each 25 ~4.) 15.) 16.) 17.) 18.) Furnish and Install 6" pve Interior Drop Furnish and Install 8" pve Interior Drop Re-construct Lift Station Fi11et . Removai' of !;xisfin'g Coating " ... . . -.~.. .,. Remove and Replace Existing Piping and . Valves, within Existing Submersible Lift Station through Existing Valve Vault' / / / .I 2' to 4' 4' to 6' 6' to 8' 2' to 4' 4' to 6' 6' to 8' 6' Diameter 8' Diameter. -~."'. 1 0' Diameter . 4" 6" 8" 26 I} '" tb -...DUO" each C"' CD :.) C() , each 000 ,to ;~ach L 1,.,,....,CiJ ~ each Cooa ' tb each '7 00, , t:b each 'ro I Oct> . each 19.00,lm eacb CJ;J 1.300 ' each . CD ' . ,'] '.. " per ~j;:u9r'? f:;;1f,t .. . I if a:o 'WeaCh , . '~ .1(." I 000' each ~ -' <6 . 0Cf) , each . '. '4D SIGNATURE FORM * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) BID #: 2002-37 Openinq Date: Tuesdav, Auqust 27, 2002 BID TITLE: Sanitary Sewer Manhole Interior Rehabilitation COMPANYNAM~C_AA?, ~J:~rn'\e~.r.Q;'~~ ~. pAT~:._,~~U]J'J ,~ ,~ NAMEfTITLE: ~P.~ G-A:JYOII)-;:"~ I~eb.dq.rt ADDRESS: -~3c:bO 'J-~rl0i.ne~ ~Q.m~ (2oPrd! ILn ..JITY '~J )e J \. \ \\r#)(j'. , STATE~ ZIP CODE ~3~j Lf FEDERAL TAX I.D.#: (oS - On[o~l()$ 4-- TELEPHONE: ( ~ L 0 I ) ~33- ~lo9 *SIGNA TURE 3?:'~ - ~l '6 0 FA CSIMILE ( ~ bf\~ e"Zf\~\ VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER: CONTACT NAME: Gf\P ~ ...- TELEPHONE: ( gLD \ r:-m:f1Lou ~?? ~ ) ~:;S3 - Q-J 0 q 27 ,- II f STATEMENT OF NO BID Bid # 2002-37 Sanitary Sewer Manho.le Interior Rehabilitation If you are not bidding on this service/commodity, please complete and return this form to: City of Delray Beach Purchasing Office, 100 NW 1st Aven ue, Delray Beachl FL 33444 or fax to ($61) 243-7U56. . Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Del ray Beach. COMP ANY NAME: . -..APpg$5.:__ "~" .... _,\1'... 'I ~... ".~ ~,~ ~'.' . ", .J,<... TELEPHONE: ( ) SIGNATURE: DATE: Minority Owned Business: , ) Black () Hispanic ( .) Woman ( ) Other (Specify) t. , We, the undersigned have declined to bid on your Bid # 2002-37 For: Sanitary Sewer Manhole Interior Rehabilitation _Specifications too "tight", i.e. geared toward brand or manufacturer. only (explain below) _Our product schedule would not permit liS to perform '': . ----,--Unable to l')1eet specifications ~Insufficient time to respond to the Invitation to Bid / / _We do not offer this ,product or an equivalent _Unable to meet bond requirements _Specifications unclear (explain below) _Other (specify below) REMARKS: 28 ~---------_.,-"--~---- I and I Program Phase I Repair Map (Master Lift Stations 356 & 309 Basins) ~c-.."YO\ lil ..):r 0;., /"lJ 1'" 1'0 r;-~ ~ VI.-CONSENT AGENDA ITEM B.7 CITY OF BOYNTON BEACH AGENDA ITEM REQU~ST FORM Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office [gI April IS, 2008 March 31, 2008 (Noon) 0 0 May 6, 2008 April 14, 2008 (Noon) 0 0 May 20, 2008 May 5, 2008 (Noon) 0 0 June 3, 2008 May 19,2008 (Noon) 0 Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office June 17,2008 June 2, 2008 (Noon) July 1,2008 June 16,2008 (Noon) July 15,2008 June 30, 2008 (Noon) ;~ -) August 5, 2008 July 14,2008 (Noon) :-:::J CO - ...,..;... -.-:.~ o City Manager's Report :;0 W o New Business o o o -~ -l ~:::-1'~< .-<,' .~.~ NA TURE OF AGENDA ITEM o Announcements/Presentations o Administrative [gI Consent Agenda o Code Compliance & Legal Settlements o Public Hearing Legal Unfmished Business co t~':) / ....,'- .,,",j ~ - - .. -\........-.:..". _...". .;. ' I N (~) ~';:o- jT\ (-) RECOMMENDATION: Motion to award Bid#034-2821-08/JA, "LIFT STATION REHABILITATION PROJECT", to Intercounty Engineering, Inc. and execute a contract by resolution in the amount of $1,794,179.00. Also, approve an owner's contingency of 10% in the amount of $179,418.00 for a total budget appropriation of $1,973,597.00. EXPLANATION: Each of the following five (5) lift stations has experienced system failures and for the past year, all have been on by-pass pumping. Therefore the City has determined that these lift stations, in various locations around the City, no longer meet the City's standards and need to be replaced. The locations of the lift stations are: . LS 101 - Located on the St. Andrews Club golf course (SR AlA) LS 313 - NW 3rd Street and NW 12th Avenue LS 202 - New Palm Way and Lake Street near the Intracoastal Waterway LS 404 - Between Main Boulevard and South Boulevard, east of 1-95 LS 610 - South of Neptune Drive and east of Congress Avenue . . . . Each lift station is unique and the method of abandonment will vary, the new lift stations will be constructed within their respective utility easements or on City owned property. PROGRAM IMPACT: Two (2) bids were received1andiJopened by Procurement Services on March 20, 2008. Copies of the bid proposals were submitted for review and evaluation by the Utilities Department and Erdman Anthony of Florida, Inc. Reference checks were performed on the apparent low bidder and favorable responses were received from all parties. Intercounty Engineering, Inc. has completed numerous successful projects in Dade, Broward and Palm Beach County since 1994. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC (~>>" Ill\ ~\ /I.! 0\.. /'" ;. '" <.~ /V-rQ f~ "0 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM The Utilities Department concurs with Erdman Anthony of Florida, Inc. and recommends awarding this contract to Intercounty Engineering, Inc. as the lowest, most responsive, responsible bidder who meets all specifications and whose bid is in the best interest of the City. During the review of the submitted bids, calculation: and~ininor technical errors by both bidders were noted by the Utilities Department and Erdman Anthony. An analysis of the calculation and minor technical errors determined that Intercounty Engineering, Inc. remained the lowest, most responsive, responsible bidder who meets all specifications and whose bid is in the best interest of the City. FISCAL IMPACT: Funds are available in Utilities account #406-5000-590-65-04 SWR105. (Y AL TERNA TIVES: There are no alternatives. The replacement of these five (5) lift stations are neeessary fo e ~ty to provide the level oherviee required b~ Kofi Boateng, P.E. City Manager's Signature Utilities Director ~~~ Department Name Ass\nt to City Manager Chn-- ~ ~ IfIIr City AttOrhey / Finance be: Paul Fleming, Sr. Project Manager Chris Roschek, Eng. Division Manager Barb Conboy, Manager Utilities AdminIFinance Project File S:\BULLETJN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING A 5 CONTRACT FOR BID #034-2821-08/JA TO 6 INTERCOUNTY ENGINEERING, INC., FOR LIFT 7 STATION REHABILITATION PROJECT IN THE 8 AMOUNT OF $1,794,179.00 PLUS A 10% OWNER'S 9 CONTINGENCY OF $179,418.00 FOR A TOTAL 10 APPROPRIATION OF $1,973,597.00; AUTHORIZING 11 THE CITY MANAGER TO EXECUTE CONTRACT 12 DOCUMENTS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, five (5) Lift Stations within the City have experience system failures and 16 have been on by-pass pumping for the past year; 17 WHEREAS, each lift station is unique and the method of abandonment will vary and 18 each will be constructed within their respective utility easements or on City owned property; 19 and 20 WHEREAS, two (2) bids were received and opened by Procurement servIces on 21 March 20, 2008, which were reviewed and evaluated by the Utilities Department and Erdman 22 Anthony of Florida, Inc., 23 WHEREAS, staff concurs with Erdman Anthony, Inc., and is recommending the 24 ward to Intercounty Engineering, Inc., as the lowest, most responsive, responsible bidder who 28 25 et all specifications and whose bid is in the best interest of the City. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 eing true and correct and are hereby made a specific part of this Resolution upon adoption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby ':\CA \RESO\Agreements\Bid Awards\Award of Bid - Lift Station Rehab (Intercounty Engineering).doc - 1 - approves the award of Bid #034-2821-08/JA to Intercounty Engineering, Inc., for Lift Station 2 Rehabilitation Project. 3 Section 3. The City Manager is authorized to execute a contract in the amount of 4 $1,794,179.00 plus a 10% contingency of $179,418.00 for a total appropriation of 5 $1,973,597.00, a copy of said Contract is attached hereto and made a part hereof as Exhibit 6 "A". 7 Section 4. That this Resolution shall become effective immediately. 8 PASSED AND ADOPTED this day of April, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 anet M. Prainito, CMC 28 City Clerk 29 30 (Corporate Seal) 31 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross , \CA\RESOlAgreements\Bid AwardslAward of Bid - Lifl Station Rehab (Intercounty Engineering) doc 2- ERDMAN ANTHONY Septcmher 6. 2()()7 Paul Fleming Senior Project Manager Utilities Dept. City of Baynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 SUBJECT: Lift Station REabhilititation Project Bid No 034-2821-08/JA Dear Mr. Fleming: We performed due diligence into the low bidder. Intercounty Engineering Inc. The due diligence included interviews with several of the engineers for whom Intercounty has previously constructed similar projects and review of the bid as it compares to the engineers estimate to identify any bid anomalies. Based on these efforts, we recommend that the City enter into. a contract with Intercounty to reconstruct Lift Stations 101, 202, 313,410 and 610, with authorization to proceed with bid item 101-5.1 withheld ****pending confirmation of adherence to Addendum #2 item 17 as it affects the quantity and unit price. Should you have any questions, comments, 0.1' cancerns. please feel free to contact me. Sincerely. Dana I. Gillette. PE. PSM Principal Associate ERDMAN ANTHONY ;\":V)()() 18.()] __'-i(f_ 202\f)or'lIJllcnrs\CorrCSf10nr!cl1n_,\t;f'J/ling (d21)()8 (/li'{/ul.dnr ***See attached memo from Intercounty Engineering. Inc. confirming their bid price. INC. _.-._~ INTERCOUNTY ENGINEERING, INC. 1925 NW 18th Street Pompano Beach, FL 33069 Tel: (954) 972-9800 Fax: (954) 974-0042 March 31, 2008 Mr. Paul Fleming, Sr. Project Manager Utilities Department City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 ;?" " " ',/",:' . 4-, ".",,/ "-...... Subject: Bid Number 034-2821-08/JA Dear Mr. Fleming, Please allow thIs letter to clarify our bid for the above referenced Lift Station Rehabilitation Project bid iJ. 034-282l-08/JA. Intercounty Engineering's bid of $1,472,851.00 was our intended amount along with the altelllate bid of $321,328.00 for a total amount of $1 ,794,1 79.00 dollars, In you have any further questions please feel free to contact me, Sincerely, ; /~~ l ' Maurice Hyn . President Intercounty Engineering Inc. MAH/hph BID TITLE: LIFT STATION REHABILITATION PROJECT BID NUMBER: 034-2821-08/JA PROJECT NUMBER: SWR105 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 15th day of April, 2008, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and Intercounty Engineering Inc. a Florida Corporation (X) a Florida General Partnership C--> a Florida Limited Partnership C--> a Sole Proprietor C--> Check One hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: LIFT STATION REHABILITATION PROJECT WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 20th day of March, 2008, for the total bid amount of $1,794,179.00; and, WHEREAS, On the 15th day of April, 2008, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 300 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - 1 Utilities Department Rev. 01/24/06 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1A. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced m all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2A. Bid Bond 2.2.5. General Conditions for Construction (GC) ~ all references to "GC" shall be to section numbers 2.2.6 Supplemental Conditions for Construction 2.2.7 Construction Contract 2.2.8 Certificate of Insurance 2.2.9 Public Construction Bond 2.2.10 Technical Specifications 2.2.11 Contract Drawings and Plans 2.2.12 Addenda 2.2.6 Written directives or interpretations 2.2.7 Manufacturers warranties C - 2 Utilities Department Rev. 01/24/06 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. 3.1.7. Pay promptly, before final settlement, any and all claims or liens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. C - 3 Utilities Department Rev. 01/24/06 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 300 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfi t. C-4 Utilities Department Rev. 01/24/06 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $1.500.00 per day as liquidated damages, for failure to begin within ten (10) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 300 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 6.2. Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 7.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 8. INDEMNIFICATION 8.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 8.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification C - 5 Utilities Department Rev. 01/24/06 required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. 8.3. The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 8.4. The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 9. PAYMENT BY CITY 9.1. The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the Contract Documents. 10. CHANGES IN THE WORK 10.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTNES/CHANGE ORDERS. No Field Chan1!e Directive or Chan1!e Order shall be authorized by the Proiect Mana1!er if the Contractor has added lan1!ua1!e to the Field Chan1!e Directive or Chan1!e Order or to any cover letter. e-mail. facsimile. or other written document which accompanies the Field Chan1!e Directive or Chan1!e Order in which the Contractor attempts to reserve any future ri1!ht or claim arisin1! out of the work which is the subiect of the Field Chan1!e Directive or Chan1!e Order. If the Contractor adds such lan1!ua1!e. the Proiect Mana1!er shall secure specific written authorization from the City Mana1!er's office before executin1! the Field Chan1!e Directive or Chan1!e Order. 10.2 All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. C - 6 Utilities Department Rev. 01/24/06 10.3 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 11. PROJECT ENGINEER 11.1. The Project Engineer ("Engineer") IS Dana 1. Gillette, P.E., PSM, Erdman Anthony of Florida, Inc. 11.2. The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 11.4. In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 13.2. In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction, GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 14. TIME OF ESSENCE C-7 Utilities Department Rev. 01/24/06 14.1. Inasmuch as the provisions of the Contract Documents relating to the times 0 f performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. 15. REMEDY FOR DELAY 15.1. In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 15.2. NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMIT A TION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 15.3. Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23. EXTENSION OF TIME/NO DAMAGES FOR DELAY. 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C - 8 Utilities Department Rev. 01/24/06 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this day of , 2008, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C-9 Utilities Department Rev. 01/24/06 ERDMAN ANTHONY ~ September 6, 2007 Paul Fleming Senior Project Manager Utilities Dept. City of Boynton Beach 124 E. Woolbright Rd. Boynton Beach, FL 33435 SUBJECT: Lift Station REabhilititation Project Bid No 034-2821-08/JA Dear Mr. Fleming: We performed due diligence into the low bidder, Intercounty Engineering Inc. The due diligence included interviews with several of the engineers for whom Intercounty has previously constructed similar projects and review of the bid as it compares to the engineers estimate to identify any bid anomalies. Based on these efforts, we recommend that the City enter into a contract with Intercounty to reconstruct Lift Stations 101,202,313,410 and 610, with authorization to proceed with bid item 101-5.1 withheld pending confirmation of adherence to Addendum #2 item 17 as it affects the quantity and unit price. Should you have any questions, comments, or concerns, please feel free to contact me. Sin,\erely, , lnh[( (rt I Dana 1. Gillette, PE, PSM Principal Associate ERDMAN ANTHONY N:\600 18.02_Lijc202\Documents\Corre sf'ondenreVleming 032608 awa rd. doc 1402 Royal Palm Beach Blvd., Bldg. 500 . Royal Palm Beach, FL 33411 . [T] 561.753.9723 [F] 561.753.9724 10. I FO ID (09/07/07) ERDMAN ANTHONY ~ Memorandum Date: From: Project Name: Subject: March 25, 2008 Dana Gillette Boynton Lift Stations Bidding To: Office: Project No.: Copy: Paul Fleming West Palm Beach 60018.02 N:\60018.02 Lift 202\Documents\CorrespondenceVleming 032508 hidder.doc We reviewed the two bids submitted and noted that TLC had bid $7.40/sy for the LS 101 access road repair times 770 sy of area. Our Addendum #2 stated that the area would be 700 sy of area, which would be a lower their bid by $519. Their sum for LS 313 was calculated incorrectly which would increase their bid by $610. These amounts are negligible considering the size of the project. TLC also had disturbingly high per linear foot prices for the gravity sewer piping at LS 202 and LS 313. Therefore, if the quantity for these items is higher than anticipated, the cost to the City would be substantial due to the very high unit prices. The low bidder, Intercounty, submitted a bid for the same LS 101 access road mentioned above at $200/sy, an alarmingly high unit price for the work required, times 15 sy, (which does not conform with Addendum #2 that changed the quantity to 700 sy), for a total price of $3000 which would be reasonable total for the work required. I suggest that we confirm with Intercounty that their intent is to charge $4.28/sy times 700 sy for a total of $3000 before authorizing them to proceed with that portion of the project. The This work involves shaping the disturbed area in preparation of sodding to be performed by others and can be performed with City personnel if Intercounty's intent is to charge $140,000 for it. Provided we resolve this access road repair item, Intercounty's bid is very close to the engineer's cost estimate; please refer to the attached bid tabulation sheet. I have discussed Intercounty's recent pump station construction work with the following individuals: . Jason McClear with Chen and Associates who was happy with the work that Intercounty performed on the LS#24 project for Pompano Beach . Joh Chandler with CDM who has not worked with Intercounty but is familiar with the work they did on the Group 1 and 2 PS Rehab projects and knows that the final product is functioning well. . Walt Schwarz with Ft. Lauderdale has worked with Intercounty on a number of projects for various municipalities. He has found their work to be on time, on budget, and a quality product. 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Z o ~ :< CJ) LlJ >- LlJ () z <( ::J 0.. ~ o () :20 ~LlJ c.:ll: 0- 0:::2 o..al ::> >-CJ) 1-:2 ~o:: <(0 CJ)u. en I- Z LlJ :2 :2 o () BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O.Box3l0 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Broadcast Date: Bid Title: LIFT STATION REHABILITATION PROJECT Bid Number: #034-2821-08/JA Bid Received By: MARCH 20, 2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: March 20, 2008, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall confoID1 to applicable sections of the charter and codes of the City. Name of Vendor: INTERCOUNTY ENGINEERING, INC. Federal LD. Number: 65-0495335 A Corporation of the State of: FLORIDA Maurice THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA - 1 ADD E J\ D A CIT'{ OF BOYNT01\ BEACH FLORIDA BID TITLE: LIFT STATION REHABILITATION PROJECT BIDDER: INTERCOUNTY ENGINEERING INC. DATE SUBMITTED: March 20, 2008 We propose and agree, if this bid is accepted. to contract with the City of Bayman Beach. 111 the Contract Form, to furnish all materiaL equipment machinery, tools, apparatus. means of transportation, construction, coordination. labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Dana I. Gillette~ P.E.~ PSM~ Erdman Anthony of Florida~ Inc. (N ame of Proj ect Manager/i..rchitect/Consultant) and having examined the project site (when indicated in these specifications to do so). "ve propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO, DATE (l) One March 7, 2008 (2) T,.TO (3) Three M::irf'l-1 17, ?OOR March 17, 2008 THIS PAGE TO BE SUBMITTED ALONG \VITH PROPOSAL 1:\ ORDER FOR PACKAGE TO BE CO:\SIDERED COMPLETE A'\'D ACCEPTABLE A - J The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 BovntolJ Beach, Florida 33425-03}(} Telephone: (561) 742-6310 FAX: (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM #1 "LIFT STATIONS REHABILITATION PROJECT" BID #: 034-2821-08/JA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEl\1ENT OF ADDENDUM #1" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPT ABLE. Intercounty Engineering Inc. NAl\I1E OF RESPONDENT M~- SIGN'ATURE 0 SP!DENT Maurice A. Hynes, President PRINT N Al\I1E March 20. 2008 DATE 56~ 7539724 ERDMAN ANTHONY@A 01"456c~' The City of Boynton Beach Procurement Ser~ices 100 E. Boynton Beach Boule~ard P. O. Box 310 Bayman Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM #2 "LIFT STATIONS REHABILITATION PROJECT" BID #: 034-2821-08/JA RESPONDENT :MUST SIGN, DATE AND INCLUDE TillS "ACKNOWLEDGEMENT OF ADDENDUM #2" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPT ABLE. Intercounty Engineering Inc. NAl\1E OF RESPONDENT Ait~ SIGNATU "OF ~~ ENT Mauric~ A. Hynes, President PRINT NAME March 20, 2008 DATE 561 7539724 ERDMAN ANTHONY@A 052506 pm 03-17-2008 3/3 The City of Boynton Beach ProCllr/!!/1lent Services JOO E. Boynton Belich BouleVllrd P. O. Box3JO Boynton Beach, Florida 3342S-()310 Teleplw"e: (561) 742.6310 FAX: (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM #3 "LIFT STATIONS REHABILITATION PROJECT" BID #: 034-2821-08/JA RESPONDENT MUST SIGN, DATE AND INCLUDE TmS "ACKNOWLEDGEMENT OF ADDENDUM #3" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Intercounty Engineering Inc. NAME OF RESPONDENT h~ SIGNATURE OF ~ ENT March 20, 2008 DATE Maurice A. Hynes, President PRINT NAME BID PROPOSAL The Bidder agrees to accept as full payment for the LIFT STATION REHABILITATION PROJECT BID #034-2821-08/JA Scope of Wark: The City of Boynton Beach is seeking the services of a qualified Contractor 10 furnish, install and provide all labor to complete the City's project known as the Lift Statlon Rehabilitation Project consisting of four (4) lift stations: and, an alternate bid for one i]) additional lift station, The alternate bid will be incorporated into the scope of work at the sole discretion the City. Lift Station 202 - Rehabilitation includes but is not limited to: Abandon existing lift station; demolish all above ground portions: furnish and install new lift station including wet well; force main improvements; and gravity sewer main improvements to deliver a functioning sanitary lift station and sewer collection system. SUPPLEMENTAL CONDITIONS: SCC-l - SEQUENCING Lift Station 313 - Rehabilitation includes but is not limited to: Abandon existing lift station, demolish above ground portions and existing structure; furnish and install new lift station including wet well; force main improvements; and furnish and install 12-inch gravity sewer piping and manhole to deliver a functioning sanitary lift station and sewer collection system. Lift Station 404 - Rehabilitation includes but is not limited to: Abandon existing lift station; demolish all above ground portions: furnish and install ne\\' lift station including wet well; force main improvements: and gravity sewer main improvements to deliver a functioning sanitary lift station and sewer collection system. Lift Station 610 - Rehabilitation includes but is not limited to: Abandon existing lift station; demolish all above ground portions; furnish and install new lift station including wet well; force main improvements; and gravity sewer main improvements to deliver a functioning sanitary lift station and sewer collection system. . ALTERl\'ATE BID Lift Station 101 - Rehabilitation includes but is not limited to: Furnish, install, and remove temporary access road; abandon existing lift station: demolish all above ground portions: furnish and install new lift station including wet well; force main improvements: and gravity sewer main improvements to deliver a functioning sanitary lift station and sewer collection system. SLPPLEME~TAL CO~DITIONS: SCC-l - SEQUENCING THIS PAGE TO BE SUBMITTED I:\ ORDER FOR PACK~GE TO BE CONSIDERED COMPLETE A.:\D ACCEPTABLE BP I Bid Proposal continued" ,. The scope of work is more clearly defined in the Technical Specifications contained in the Contract Documents and as shown on the project drawings, TOT AL BID PROPOSAL LIFT STATIONS #'s 202, 313, 404 and 610 (From Page BP-12) $ \ L Hi'\ "C:-' D----', .:J I aL . <:5 'J l. U ., 't\ " Del1~- and "\C' Cents (amount written in words has precedence) ALTERNATE BID PROPOSAL - LIFT STATION #101 (From Page BP-14) $ -~-:.) \ ,~;). % - and (\(- - Cents (amount written in words has precedence) THIS PAGE TO BE SUBMITTED IN ORDER FOR P ACKA,GE TO BE CONSIDERED COMPLETE A:l\iD ACCEPT ABLE BP-2 BID B(~ ',l) r~" '1 Q ~;,:.i, n.c, I.J -' ,...J _~TE Of FLORI[u,- C':C)l}>JT'y' OF Po,litl:v1 BE.~CJ--i KJ\OW _PclL \lIEN BY Tl-ESE PRESE>, ~ha( I ~rl t .~~~_~.-_~:".... u L~ t- ~: E' n c; .1. I"~ ~~, :-~' C ' ~-, -., . I ~ De\/eJopers .sur(-~Ly as hmClpaL aJ.'1cl _ r j Lr1d(~rnl ,j t'L authO:1zed business 1[', the Stare of Florida are h::;Hl and bound LL'lW the Own~r Cn:.~)LBoY:llcm BeacI~ ~ 1m' "" p"'nai Own" "r" Five Percen..t. of....[.~i..d AlCtolJnt: 'y "" 1 .I. ~ l 1..1 l.} .~~______._ ____ _', (S~of Bid) lawful money cftbe Cnited States, forti-Le payment ofwhlc.b su:n 'Fill and ITll". l.. be made, we bond ow-selves, OJI heltS, executors, ad...rnirustrator"" and successors.. ;ointlv :D:lC severally, firmly by th:::se presents. THE CONTIIT10S OF THIS OBLlCiA nOl\ is SUCH, that \vhereas the Prmcipal nac: subnu:tted the accompanying bi~ dated March 2U , 20~, for LIFT STATION REHABILITATION PROJECT NOW THEREFORE, A. If the principal shall nor WIthdraw said Bid within rune,y (90) days after dare opemng of tll:; same, and shall v.%nn ten (10) days after ~h;;; prescribec. fOillIS ar~ p::-esented 10 him for signature, emer intO ;;,written Contract with the Owner iIl accordance with the Bid as accepted. arJd give bonds witt, goods ane sufficient surety or s'Jreties. as ma\' ~:'e regwre~ for t]:Je faitll1"'Ul performance proper fulfillment of such tt;er: Tilt above obligations shall be void and of no effect other\V1Se [(j remam 1::0 iu)] Jorc.e a.nd effect. Bjf( . Rev I U'2liO 5 BID BOl'.'!) B. LT1 the event of lhe with draw a: of 5aid Bid wlthm t.he pe:-iod specloed.. or L1e failure to enter imo such Contract aIld give suer. bonds wit.i-Ju: the time specified, if the pnnclpa.: shall pay t.l1e Owner the difference beIWeen the amount specifi:::d in S2i.ld Bid and the 3...'110UrH for wbich the Ovmer may procure Lhe required work and supplies, If the lau::;r amount be in ::xcess of the former :hen t.~e above obligatlOns shall be void ai'1d of no effect, othenvise to remairl IT. full fJrce and effect. C This bond IS given w comply with SectiorJ 155.05 Florida Statutes, and any action instimted by a claimant under this bond for payment mUST be in accordance wit1 the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. II\ WIn"iESS WHEREOF, the above bounded parties have executed this instrument ll..T1der their several seals, this ..:!..l- day of March , 2008, being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is goveawng body. WITNESS' (If Sole Ownership or Partnership, tWQ (2) Witnesses required). (If Corporation, Secretary only will atteSt and affix seal). PRINCIP AL: Intercounty Engineering, Inc. Name of Finn 'WITNESS; \ -, '" \\ '. . ~ 11 '-...\ \L.o ~ ~ 'V}:- . .... " .' (j, \ (r ! ((\ \il' i. ( r i'tll Q (~ " \ \ \.. '. "- \. ~, -,\. \. ' ~_. lVIaurice A. Hynes Presid nt l'itle 1925 NW 18 street Business Addr::::ss Pompano Beach, FL 33069 C:ty and State BIB.. 2 Re'!. ~ 0/2: 10:5 SIJRETY: BID BO:\D Developers Surety and Inderfif!it, Corporate Sill-ery W~Th~ ~C=~~C~.~ ..;--- ~""~ f:= ,~ P,e\, ] 0/2 ~O 5 --~- E~ rEi - ~in(pa f I \ \ ~'~ \ <--- L-.----- ALlomey.in-Fact (aff1Y:~e~:) Ro6"E~r-':: D rr :::;outh Pine? Is13, p(-~' -~ j Busmess Address Pan t~ a t i (j rL 1 y- ., .1. .~_-' 33324 and State Bob Barra Bonds, Inc. l~ame of Local Irlsurance Agency BfD BOKD CERTIFICATE AS TO CORPOR4.TE PRL'\iCIP.U I, __tv^, "-\0((.\ C'_c,--, 'W ':1 ~<C> \ . certifY that J am the Secretary of the Corporation n~'"Ded as ~.\ ~ " V~, ...1\ 10~. \_~who signed lhe said Bid Bond on tr~; J ( \ k, _~i \') ( l' , of said Corporation; that I know his Prh"1clpal L.'1 the \'vittilll bond t!Jat behalf of the Principal, was then signamre, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested fo: and in behalf or said Corporation by authority of ItS governing body. / Se STATE OF FLORIDA ) COlJl'\TY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared Robert Barra to me well lmO\V11, who being by me first duJy sworn upon oath, says that he is the Attorney-.in~Fact, for the Developers Surety and Ind~IHliaYhe has been Company authorized by Attached Power of AttornWexecute the foregoing bond on behalf of the Contractor named therein in favor for the O\N11er. the City of Boynton Beach, This 13 Day of March, 2008 ,It Ur~)'2. BIE" .; Rev 10/2 U05 8BOl958 POWER OF ATTORNEY FOR 'JEVELOPERS SURE-Y4ND iNDEMNITY cor"pp.NY ......L_ R.(JUe~t: 2'a~ CIS tl:el' !;ue cw<J /':,:.':)rl':::::''':,~,i-W-Fa(~( tJ l"i~~,8 El.8C~.Fe 'J':"i,lt of surer/snip :jiVlIlg ar,(j grant',r'j sa:1J ;",ttl)r'ne/I:Srlr:'~-a:'~ ful: tr,He-Wlnl as eacn of 3\:110 corooratlons cO~lld do bJ! res8r-"/ir:q :c ec:ch ,=-ac:, pur"suant to ti-1838 p,"esel'!ts ace hereby ~atif:€c a:lc confirlned tJY fac~i['nl'e unCler- 3;)(j as '\'Ol,ienIUer ~- 2rJ~:~! i~;:=Si~:~'.,jEC.i ilia: tne ~rlafrrnan of U'le Bowd. tne Preslo'=:nt 01lG [-'owers of .L..ttorney the altorrJey,:s) !',amed In trlE:' PO'Ners of j.l,~.orney :hat ~he Secr-etar/ Qr Secretary of the cQrrJOrafons bE: l1.'10 eacr1 corpor(~t:Gii :J::; arid Inai t;i}CII iJei!(jlf oj the C0rpc'ra::Orl~ u'idt,':ak,lf:9S 2Xe(~U!I'~"" RESOL'vED FURTHEPj Hiat tr!e signatures of sucn officer's IJldY be C1ffixecJ to ,PellNer 01 ~,tt.v;r!ey tu ce11::cate relar:r'g t::ertLJ dny such Power of Attorney or certificate bearing such facslllllle slgllatures shall ne \:a!i,~ 2' :J t;!rWitl~l Jpon thE:! Gor:}ora~torls /ihe'l ~,~~ :lffl>:eC] 31C 'n any bond, undertaklnj or contact of suretyship to WhiCh 't!S attached iN WITNESS WHEREOF DEvELOPERS SUREnLlND IrWEiVlNITY :::"~~ ~ ", -'''"mOee 5 100; Step~e(l T Fate Senior Vice President Ila\(t: C2u:;eC t"1'2:ie presen:s lo ~)i:' by r'F:;'ir :'esue::;t: -iE:: C'b ce.' 6y n__~ _._&;)_~_ Charles L Day. Ass.stanl s~r~~--"7 >'_ """do"",,, ", " ~ !\~.o I;:""'., <'''~~~)?~;.... -. .-:~ ~~_:_~','.\~- f~~:~': , .: ~lJ ; ~, 0--. ~ ~o)..... "<~~~y :n :; :3 3 6 .0 ....I~.:i~~/ STA.TE OF CLlUFORNi/, COIj,','Y OF OQAHGE On NOl/embe: 5 20D7 before me, Ctlristopher J, Roadi, Notar'y iJubii:, personally appea,ed Steph8;- Pal2 i:V'>:J Charif;s L =ay ;0 me on tne basis of sat:sfactory eVidence) to be the perscn(s;1 whose narne(s') Is,':are subscr:bec tc ;rie within Ins:r-.:mer1t 3r~d ack~ov'/Iedgec to ;ne same 11111Is/her/their authorized capacl~"le,i ",-d tl1al oy h:s/heiti;ell slgna:JreiC;: the Sillily [e,a:r -c,e eXe':~t8d the :r~sln,m:e~'): '.\/in,i[:S,S 'lI'i,a:lcj e:1I'd afr!cai seal 3';1nal"reL~~__~==:~-:-- Chilslouhe- ~crcrl ~:, c' , , ~~.--,~ f.~~;;~;~~ COMM. # ,145939 ~ ~ NCJl'ARY PueLlC CALiFORNIA ~ 3:. 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The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall achieve Substantial Completion without interruption within 270 calendar days thereafter. Bidder will indicate submittal of the following documents with bid proposal: / / Original and four (4) copies of bid submitted. Attached is a computer generated horizontal bar chart showing proposed schedule of work. V './ Schedule of Subcontractors submitted. MANDA TORY Site Inspection Form submitted. 1 Evidence of possession of required licenses and/or business permits submitted. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route, the location, surface and underground obstructions, the nature of the ground water table, conditions and all other physical characteristics ofthe work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of any objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any, are limited to actual Bid preparation costs and bidder hereby waives any claim it may have for other damages coming from the City's failure to award the project bidder. THIS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE BP - 15 BId Proposal connnued" Date March 20, 2008 Intercounty Engineering Inc. (Name of bid deL Corporation. Finn or IndiVJduall By M,Qllr;rp A Hynpc; Printed Name President Title 954-972-9800 Telephone Number Florida Contractor's License Number CGC045288 THIS PAGE TO BE SUBMITTED IN ORDER FOR PACK,A,GE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BP - 16 STA TEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information 1. Name of Bidder: Tnrprrollnry Fne:inpprinf Tnc. 2. Business Address: 1925 NW 18 Street Pompano Beach, FL 33069 3. When Organized: June, 1994 4. Where Incorporated: Florida 5. How many years have you been engaged in the contracting business under the present firm name? 14 yp::lrc: 6. General character of work performed by your company. Installation and rehabilitation Sanitary Lift Stations and Stormwater Pump Stations, Water, Sewer and Drainage, as well as Water Treatment Plants 7. Enclose evidence of possession of required licenses and/or business permits. 8 Number of Employees: 26 9. Background and experience of principal members of your personnel, including officers. * 10. Bonding capacity. 50 M-,\\\'CtU 11. Have you ever defaulted on a contract? If so. where and why?* No THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 1 STATEMENT OF BIDDER'S QLALIFICATJOl\'S continued...... 12. Experience 111 performance of sImilar projects: Proj ect S Val ue Contract Name Phone ::: SEE ATTACHED "EXPERIENCE STATEMENT" 13. Contracts on hand. * See Attached "EXPERIENCE STATEMENT" 14. Largest compl eted proj ects (incl ude final cost). 1 ) See attached "EXPERIENCE STATEMENT" 2) 3) 15. List all lawsuits (design and/or construction related) or arbitra60ns to which VOLl have been a part and which:* 2) Occurred within the last 4 years:* rJ ~ "" \\ . ) I 1) Arose from construction projects: * 3) Provide case number and style:* Dated at: This 20th Dayof March A~~1 (~ittell signature) - . .- ~ . ...... .... Maurice A. Hynes (printed or typed) 2008 Bv: Name: Title President Rev 05'30/03 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - 2 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: LIFT STATION REHABILITATION PROJECT BID NUMBER: 034-2821-08/JA DATE: M:1rrn 70 700R M:111r;rp A Hynp!,:, Prp!':inent (Print Name and Title of Representati ve) as an authorized representative of: Intercounty Engineering Inc. (Print Name of Company) (hereinafter called the bidder) located at 1925 NW 18 Street, Pompano Beach, ~T iiOnq Company Address confirms that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. 3-1; -<06 DATE OF INSPECTION NONCOLLUSIO!\ AFFIDAVIT OF PRIME BIDDER State of FLORIDA County of RR()WARD Maurice A. Hynes , being first duly sworn. deposes and says that l) He is President of Intercounty Engineering Inc (Title) (Name of Corporation or Fim1) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid: 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents. representatives. employees or parties in interest, including this affiant, has in any way colluded. conspired. connived or agreed. directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner. directly or indirectly. sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion. conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach (Local Public Agency) or any person interested in the proposed Contract: and 5) The price or prices quoted in the attached bid are fair and proper and are not tamted by am collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or an~ of it', agents. representatives. owners, employees. or parties in interest. including this affiant. ( Signed) (Title) Subscribed and sworn to before me This 20 dav of March NOr -..... ;.~~-qQd...ouLORlDA "t-. Lori S. Roy My commi~sion expires C .< < ,:":",, -DD389112 · .--..n' q' It. :es: lAS. 23, 2009 ~~(--\ ~ ~ .2..",i:B..--:Jir.gC).".r. THIS PAGE TO BE SUBMITTED ALO;\G WITH BID L" ORDER FOR PACK<\GE TO BE CONSIDERED COMPLETE AND ACCEPTABLE :-0CA. ) ANTI-KICKBACK AFFIDAVIT STA IE OF FLORIDA SS COu'NTY OF PALM BEACH ) L the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my fIrm or by an offIcer of the corporation. By: Sworn and subscribed before me this ?nrn day of M::lrr'n , 20 OR Printed Information: Miil"rj (:P Do l'Iynp$ NAME President TITLE ~.~~~~-- NOTARY PUBLIC, State of Florida at Large 'uc.$T.>.TI 'Of flORlDA .J Lori S. RoY , , ='DD3891l2 ::.ororolSSl0'\, r 2009 , , '~'i, 2.3, ExpIres. J. ding co.,lnc::' ,'l"\l'1.l ....tle.-puc son Tnterr01mty Engineering Ine COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE AK.A. - 1 CO~"FIRl\1ATIO!\ OF MINORITY O\\'NED BOSI1\ESS This requested fonn to be made a part of our files for future use and information. Please fill OUJ and indicate in the appropriate spaces provided v,hich category best describes your compam Return t111S form with your bid proposal sheet making It an official part of your bid response. Is your company a Minority Owned Business'i j'es xx No If)' es. please indicate by an "X" in the appropnate box: }\MERI C A1\ INTI IAN ASlA~ BLACK HISPANIC WOMEN OTHER ( specify I x) NOT APPLICAJ3LE Do you possess a Certification qualifying your business as a Minority Ov,.ned Business? YES NO~ If YES. Name the Organization from which this certification was obtained and date: N/A Issuing Organization for Certification N/.:l Date of Certification THIS PAGE TO BE SUBMITTED ALONG \VITH PROPOSAL i\.10B - ] CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the 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. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - 1 TRENCH SAFETY ACT AFFIDA YIT On October 1. 1990. House Bill 3 l83. known as the Trench Safety Act became law. TIm incorporates the Occupational Safety & Health Administration (OSHA) re\'ised excavation safer) standards. citation 29 CFR.S.1926.650. as Florida's own standards. The Proposer, by virtue of his signature belO\A', affirms that he is aware of this Act. and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify hIS anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACK.NO\VLEDGES THAT INCLUDED IN THE VARlOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPL '{ING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORlDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INvOLVING TRENCHING AND WILL NOT BE PAID SEP ARA TEL Y. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE. THE PROPOSERS M1JST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW. SIG1\ AND SD13MIT IT \^11TH THEIR BID DOCUMENTS. Intercounty Engineering Inc. Name of Proposer /\ // / Authorized Signatureof Pro oser --. ",,- Maurice A. HYnes, Pre' ent "'COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS LJ~DER THE FOLLOVvTING HEADINGS: Description Unit Quan6ty Unit PrIce Extended Price Method sheeting sf 6,000 3.00 $18,000.00 sheeting tTPnrn nnx 1f PIg 1.00 189.00 trench box Manhole box ea 5 200.00 1,000.00 MH box THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 11\ ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA - SAFETY PROGR,,-M COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. 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C :J>:J>:J>:J> ~, 5i 5 ~I ~ ~ ~ ~ i\-;: i! ~t 001 ~I ~ ~ d ~i 5[' 6. : 61 ~ ~ OJI OJI OJ OJ! 1 OJi OJ OJ __J._L~_L_L--.l~ r'l --, 'i ~~ i: (i r Cl) 8" -u o o ro ro a , g; " 1 .. --- 'r!--~--i--- -t.' o. en 0' en ~~ ~ ~~ ~i sa 0 sa 01 Ql 0 Q,) 0 g: 3 g: 3 ::J "'U :J "U (.U i[ I'.) i[ ~ -. 0 -. w g 1'0 g o 0 0 0 g en g en en I'.) en ~ 0 ~ 2 '" 2 Q. U. cr c5" :J :J en ~ o o 3 -0 ~I 0' en ~ (.U en ![ o' :J ~ o .j>. o o :J !e. <: o ~, o :J O' ~! 1 _~_.~____~ i 1\.,)1 tV -....J! U) Zl (j) 0: m al ~ OJ, OJ II ~J ~nr~ I ~ ~ 'T' ~ ~ n J ~ g. ;:; Ii 5!' en ~ g ~' m 6i en ~ 109: <= o ::J ~ n .''-----0- ~ t:5 g ,-l r co tv il ~ g: () 1.,[ ~ ~ :J g I CD etr~ :! 0 0 en <= U 0 :J ~ Sl r .g ~ I'.) 0 ~ ro 0.) :::J en g: 0 ~ :J 0 0> U; ~ ~ ~ ~ ~ (.U g: o :J o :J !e. <: Q. o' :J 1-- II LJ ~ Ql g- o' !!!. o' :J ~ o o ~ Q. -u Ql :J ro Ul H. Patricia Hynes 2800 ;VE 30 Avenue. Lighthouse Point, Florida 33064 EMPLOYMENT 1996 - PRESENT Intercountv Engl11eenng Inc. -- Pompano Beach. FlorIda Vice President. QualifY Intercounty Engineering Inc. a.\ Ceneral Contractor. Project Management Financial Management. 1978 - 1994 /\tlantic Systems, Inc. - Lighthouse Pomt. flonda PresIdent Constructors of pump stations. water and wastewater plants. pond cleaning, pump manufactunng commercIal proJects. Design and build storm water pump stations and commerCial work. 1971-1978 Draftsman, various luchitectural firms. Complete construction plans for single famIly homes. commercIal structures, condominium high rises. Coordinate diSCIplines with architectural plans. EDUCA TION Hi2h School: Lansdale High School Lansdale, Pennsylvania Colle2e: Broward Community College Davie, Florida AS Det:,TTee, Architect and Design Graduated 1971 OTHER ACCOMPLISHMENTS State of Florida - Certified General Contractor. 1988 Commercial Pilot License. 1986 Computer Skills: Excel, Word. Peachtree Accounting Software. Quicken Accounting, Microsoft Projects. INTERCOUNTY ENGINEERING, INC. 1925 NW 18 Street Pompano Beach, FL 33069 RESUME PERSONAL INFORMATION: Name: Date of Birth: Marital status: Address Luis Fernando Cordova 13-Jun-62 Married 11177 Sacco Drive Boca Raton, FL 33428 561.852.3427 Telephone: ACADEMIC EXPERIENCE: University: "Ricardo Palma" University, Lima - Peru. 1978 - 1984. Degree: Bachelor in Civil Engineer. High School: "Leoncio Prado" Military School, Callao - Peru. 1975 - 1977. LICENSES & TRAINING: State of Florida Roofing Contractor (inactive status) Training in Confined Space, First Aid/CPR WORK EXPERIENCE: Jul 1999 - Present Intercounty Engineering, Inc., Pompano Beach 1 Estimator and Project Manager for projects up to and including in excess of six million dollars. 2 Projects located from Monroe, Dade, Broward, Palm Beach and Martin County. 3 Projects consisted of all phases of underground utilities, asphalt and concrete work; both restoration and new, landscaping and all related works. July1991 - June 1999 CSI Roofing, Inc. Roofing Estimator and Roofing Projel Pompano Beach, FL. 1988 - July 1991 ARVIFESA General Contractor, Peru Project Manager for the following: 1 Construction of 34 houses at Chincha - Peru. 2 Finishing of the Peruvian Nation Bank at Chincha - Peru. 3 Factory Concrete building and Concrete Tanks at "Quimica del Pacifico", Callao, Peru 4 Pedestrian Tunnel, Market and Service Building at Peruvian Navy. San Borja, Peru 1985 - Dec. 1986 Residential and Commercial Designer and General Contractor. (own company) Lima - Peru. RESUlYIE Randy Fox 5290 S\V 3rci Court Plantation. Fl 33317 Education: Graduated High School 1962. N evv' York Work Experience: 20Q7-Current Intercounty Engineering, Inc.. Pompano Beach, Fl Position: Project Superintendent 2002 - 2007 APAC-Southeast, Inc., Southern Florida Division 7600 NW 69 Avenue, Medley, FL 33160 305-883-9770 Contact: Mort Myrick, Vice President Position: Project Superintendent 1997- 2002 Bergeron Land Development 19612 SW 69 Place Ft. Lauderdale, FL 33332 Position: Superintendent 1969 - 1997 Beachwood Contractors Plantation, FL Position: Superintendent Other Accomplishments: Training: Confined Space, First Aid and CPR, Asbestos Abatement License. Engineering Contractors License State of Florida, Florida Real Estate License RESUME Lori S. Roy 11744 SW 59 Court Cooper City, FL 33330 Work Experience: Cunent Intercounty Engineering, Inc., Pompano Beach, FL Position: Project Manager and Estimator 2001 - 2004 AP AC-Southeast, Inc., Southern Florida Division 7600 NW 69 Avenue, Medley, FL 33160 305-883-9770 Contact: Mort Myrick, Vice President Position: Project Manager and Estimator 2000 - 2001 Seminole Engineering, Inc. 1901 NE 4 Street, Pompano Beach, FL 33060 954-783-2090 Contact: Mike Thomas, President Position: Project Manager and Estimator 1983 - 2000 Quickway Const. & Equip., Inc. 5400 SW 210 Terrace, Ft. Lauderdale, FL 33332 (closed due to divorce) Position: Project Manager, Estimator and Owner 1977 - 1982 State of Florida Insurance Department, Regional Office 200 SW Broward Boulevard, Ft. Lauderdale, FL Position: Secretary N Other Accomplishments: Licensed State of Florida Certified Underground Utility Contractor (inactive status) since 1998. Training: Confined Space, First Aid and CPR, Sunshine State One Call internet training, Stonnwater Erosion & Sedmintation Control Inspector Training Program Computer skills: Heavy Bid Estimating Agtek: Material take-off & Sitework 99 Excel and Word Suretrak Project Manager Lynx Photo Management Primavera Project Manager Contract Manager 10.0 MAURICE A. HYNES, Ow'NER AND QCALIFIER OF I~TERCOLNTY ENGNEERP-JG NC. .\1aurice Hynes is a Florida resident and has been in the construction industry for over 37 years. For the past fourteen years he has been owner, operator and qualifier for Intercounty Engineering Inc. Mr. Hynes has received three US Patents in the pumping equipment field. Intercounty Engineering began its industry start specializing in the construction of lift stations and pump stations. They have since successfully branched out into all aspects 0 j underground utilities. Intercounty primarily does, but is not limited to municipal contracts. Mr. Hynes is the driving force behind the success of this company. Maurice Hynes is a licensed underground utilities contractor in Dade, Broward, Palm Beach and Martin Counties. He enjoys a respected position with his peers as well as the various City and County governments he has done work for in the past and presently. 3/20/2008 ----------------------~- -~-_.._- -' ----.----- :r> 0 n tdl-'H::r: t<.!qZ~ ~ ~ GlL.j ~~~~ X::l~:J N lQ p. (1) 0 --J Ot<.! tdUlt<.! f-'. (1) (1) I-' <:tIl ~ ~Hfl ti ti P. Gl --J t<.! ~n~ III t<.! ~~ o 0 rtrttrZ 0 LV tIll-'~~ f-'.p' (1) tx:I 0 CD OUl O(1)I-'~O\ ~t:rl t<:l OH--3 t-i ::l 0 CSi ~~~txj 'd~t-io Ul n::r: Z p. ti 0\ t:rl tx:I 1ll0HnOJ UlZtd rt<:UlOO ~Gl~ (1) f-'- Z.J>. t:J H~ ..mn~Ul tx:l ZiU f-'-tx.l ~ OJ td txjH ~OiU 0 ~ txjn q::l ~n W ::0 iUH G:lmH~ ~ H~ 10:10 r.t1 Z wOH::O n t-i ntxj t-t Gl I-'t-htx.l GJ H ~~ tj n n w H n 0 tx.l Ul w Z NP' .J>. Z ~O 0 n 0111 Ul Ul iUr.t1 0\ 0'0 tv txj q ~ OJrt OJ ntIl (1) OJ fil ~q t1 HUl en iU OH .J>. Zz -I CQ tx.l ):- ~ HUl -I @(fl m ~ 0 m ~~ ." ." iU r- ~td 0 iU ~ t-t0 HIo:I 0 ntx:l l> tx.lUl ZUl UlH HO ZZ Gl~ t-t tJj Ul OiU ~txj H ::OGJ l3: t:Jq 0 t-t UlZ ~ tx.ltxj ~ n H ~~ 0 Z ~~ Ul ~m ::Of-'! m ~H 0 t-t =It t-t t-< tx.l 0 iU 0\ 0 \.D 0 f-' 0 W W l!l Q) Intercounty Engineering Inc. EXPERIENCE STATEMENT 1925 NW 18th Street, Pompano Beach, Florida 33069 Phone: 954-972-9800 Fax: 954-974-0042 As of:' 20200S Project: Ed2:ewood Pump Sta Pk2: #1 Job Description: Installation of (3) new lift stations in various locations in Ft. Lauderdale. Owner: City ofFt. Lauderdale Waterworks 200 N i\ndrews Ave, 3rd Floor Ft. Lauderdale, FL 33301 Original Contract Amount $ 1,152,625.00 % of completion: 56% Engineer: Walt Schwarz City ofFt. Lauderdale 200 N Andrews A venu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: July 2,2008 Project: Riverside/Victoria (5) Pump Sta Job Description: Installation of (5) new pump stations in various areas ofFt. Lauderdale Owner: City of Ft. Lauderdale Waterworks 200 N Andrews Ave, 3rd Floor Ft. Lauderdale, FL 33301 Original Contract Amount $ 1,672,055.00 % of completion: 52% Engineer: Walt Schwarz City of Ft. Lauderdale 200 N Andrews Avenu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: September, 2008 Project: Fiveash Water Treatment Plant Job Description: Installation of force main yard piping, installation of new sump pumps, electrical panels, new oil/water separator Owner: City ofFt. Lauderdale Waterworks 200 N Andrews Ave, 3rd Floor Ft. Lauderdale, FL 33301 Original Contract Amount $ 963,025.00 % of completion: 10% Engineer: Walt Schwarz City ofFt. Lauderdale 200 N Andrews A venu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: August, 2008 Project: Sewer Area 4. Basins B &C Job Description: Installation of (18) new sanitary manholes, over 4100 If of sanitary main and over 5000 If of 3" force main, asphalt restoration down two dead end streets. Owner: City ofFt. Lauderdale Waterworks 200 N Andrews Ave, 3rd Floor Ft. Lauderdale, FL 33301 Original Contract Amount $ 2,740,440.00 % of completion: 99% Engineer: Walt Schwarz City of Ft. Lauderdale 200 N Andrews Avenu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: March, 2008 Project: Shadv Banks WM Replacement Job Description: Installation of (3) new FH. and ~- IOOOlfof6" Water Main Owner: City of Ft. Lauderdale Watenvorks :w6 N Andrews Ave, 3rd Floor Ft. Lauderdale, FL 3330 I Original Contract Amount $ 124,155.32 (Xl of completion: 100% Engineer: \VaIt Schwarz City of Ft. Lauderdale 200 N "t\ndrews Avenu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: June 1,2007 Project: Septic Area 3, 4 and 5 Job Description: Installation of 4 new pump stations in various locations in City of Fort Lauderdale. Owner: City ofFt. Lauderdale Waterworks 200 N Andrews Ave, 3rd Floor Ft. Lauderdale, FL 33301 Original Contract Amount $ 1.758.911.00 % of completion: 100% Engineer: Walt Schwarz City of Ft. Lauderdale 200 N Andrews A venu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: August, 2007 Project: Group 1 Pump Sta Rehab Job Description: Installatlo;" of: 51 Ill'" Dlmlr Stations throughout the C11', Fr:.'c"oelle Owner: City ofFt. Lauderdale \Vater'.\ork" 200 N "tvldrews Ave.. Sulte Ft. Lauderdale. FL'~' .i 1 Original Contract Amount: S 1.65; ~ 'uo IYo of completion: 100% Engineer: Camp, Dresser & :'vlcKee 6365 6th Way, SUIte 320 Ft. Lauderdale. FL 33309 Date Complete: September. 2007 Project: Group 2 Pump Sta Rehab Job Description: Installation of (2) new pump Stations and modifications to (2) existing stations throughout the City of Ft. Lauderdale. Owner: City of Ft. Lauderdale Waterworks 200 N Andrews Ave., Suite 300 Ft. Lauderdale, FL 33301 Original Contract Amount: S 2.076.727 ()U % of completion: 100% Engineer: Camp, Dresser & McKee 6365 6th Way, Suite 320 Ft. Lauderdale. FL 33309 Date Complete: September. 2(1()- Project: Croissant Park, Basin C Job Description: Installation of 15 Sanitary Manholes and 8"Sewer main. Owner: City ofFt. Lauderdale Waterworks 200 N Andrews Ave, 3rd Floor Ft. Lauderdale, FL 33301 Original Contract Amount $ 933,391.05 % Complete: 100% Engineer: Walt Schwarz City ofFt. Lauderdale 200 N Andrews Avenu Ft. Lauderdale, FL 954-522-1890 ext Date Complete: February 26, 2007 Project: Country Oaks Lane Improvements Job Description: Sewage Pump Station, Sanitary Sewer and Watermain and Storm sewer. Owner:Palm Beach County 160 Australian Avenue, Suite 405 West Palm Beach, Florida 33406 Original Contact Amount: Change Orders to Date: $831,660.00 $ 71,346.79 % Complete: 100% Engineer: County Engineer's Office 160 Australian Avenue Hilton Airport Centre, Building #2 West Palm Beach, Florida 33406 Jack Provence, Construction Coordination 561-684-4180 Date Complete: November, 2005 Project: North Miami Beach Alley Reconstruction of Alley, Phase 6 - 9 Job Description: Installation of 2" HDPE water main and services in alleyways. Also including new asphalt in alleys. Owner: City of North Miami Beach 17011 NE 19 Avenue North Miami Beach, Fl 33162-3100 Original Contract Amount: $ 72 8, 136.30 (Phase 6 only) % Complete: 100% Engineer: Joaquin Barnes, PE URS Corporation 7650 Corporate Center Drive, Ste 400 Miami, FL 33126-1220 305-262-7466 Date Complete: May, 2006 Project: Transite Water Main Replacement Job Description: Replacement of transite water pipe with ductile iron Owner: City of West Palm Beach 200 2nd Street West Palm Beach, FL 33402 (561) 659-8040 Original Contact Amount: $ 805,196.00 Change Orders: $ 411,757.00 % Complete: 100% Engineer: City of West Palm Beach 1000 45 Street, Suite 15 West Palm Beach, FL 33407 561-659-8040 Laura Le, Sr. Project Mgr. Date Complete: Completed August, 2006 3 Project: Lift Station #24 Improvements Job Description: The re-constructlOn of LIft StatlOn #24, furnish and 1I1stall 1800 linear feet of 6" forcemain, roadway re-surfacing. and the instal1ation of 3500 linear feet (If s., water mam. Owner of Pompano Beach PO Drawer 1300 Pompano Beach. Fl 33061 Don Jenssen, Project Manager 954- 786-4508 Original Contact Amount: Change Orders to Date: $749,521.00 $ 42.122.00 (Yf) Complete: 1000/0 Engineer Chen & Associates 5100 NW 33rd Avenue, Suite 250 Fort Lauderdale, Fl 33309 Date Complete: May 2005 Project: 6th Street West of Dixie Hi!!hwav Sanitary Sewer Job Description: Installation of sanitary sewer pipes, manholes, sanitary lateral services and all pavement restoration on 6th Street west of DIxie Highway. Owner: City of West Palm Beach 1000 45th Street, Suite 15 \Vest Palm Beach, Fl33407 Original Contact Amount: Change Orders to Date: % Complete: 100% $72,370.00 +$23,972.00 Engineer: Damel Roberge - Project Engineer CltV of West Palm Beach Publtc Utilities Department 1000 45th Street, Suite 15 \Vest Palm Beach. Florida 33407 Phone: 561-659-8040 Date Complete: February 2004 Proiect: Tropic Vista 'Vater Distribution System Job Description: InstallatIon of Wakr DIstribution System Owner:Vil1age ofTequesta 250 Tequesta Dnve. Sune ,(1) Tequesta. Fl 33469 561-5'5-6200 Original Contact Amount: $26, .2f12 -9 <Yo Complete: ] OO~/;) Engineer: /\rcadis Reese. Macon & Assoc. Ine. 6415 Lake Worth Road. Sune 3f1~ Lake Worth. Florida 33463-290-:: Tom Jensen. PE Phone: (561 )-433-3226 Date Complete: May 2005 Project: Pump Stations 2003 PS 21 & 45 Job Description: Rehabilitation of Pump Station 21. Install via tremie a 10' wetwel1 30 Feet deep. Tie into existing wetwell. Install.3 new pumps and new valves in a new valve vault. Tie into 12" forcemain. Install new control panel and new Geoblock driveway Owner: City of LauderhIll 2000 City Hall Drive Lauderhl11. Fl 33313 Contact Person: Brian ShIelds. P E City of Lauderhill 2101 N.W. 49th Avenue Lauderhill. Fl 33313 Phone: 954-730-2960 extension 4225 Original Contact Amount: Change Orders: % Complete: 100% S349.72500 526.4 i 92:\ Engineer: Williams. Hatfield & Stoner Ine 2101 North A..l1drews Ave, Suite 300 Fort Lauderdale. Florida 33311 Jim Davis. PE Date Complete: Juh 2004 .1 Project: Sewer Main Repair, NW 21st Avenue & Oakland Park Blvd. Job Description: Repair existing 8" gravity sewer. Owner: City of Oakland Park 3650 NE lth Avenue Oakland Park, Fl 33334 Original Contact Amount: $325,000.00 %1 Complete: 100% Engineer: Williams, Hatfield & Stoner, Inc. 2101 North Andrews Ave, Suite 300 Fort Lauderdale, Florida 33311 Jim Davis, P .E. Date Complete: October 2003 Project: Seacoast Lift Station No. 21 Force Main Relocation Job Description: Install approximately 2,200 feet 12" forcemain including a directional Drill crossing of Earman River, jack and bore crossing of Northlake Blvd., and a new 12' diameter lift station via tremie method to 30'. Owner: Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, Fl 33410 Contact Person: Jim Lance, P.M. Seacoast Utility Authority 4200 Hood Road Palm Beach Gardens, F133410 Phone: 561-627-2900 extension 347 Original Contact Amount: Change Orders: $1,033,730.00 $7,773.53 % Complete: 100% Engineer: CPH Engineers, Inc. 3565 SW Corporate Parkway Palm City, Florida 34990 Phone: 772-283-8704 Date Complete: June 2004 Project: Communitv Enhancement Project- Phase 1 Job Description: Install new stormwater pump station, valve vault, two injection wells and 250lf of 30" HDPE pipe with fittings. Owner:Town of Bay Harbor Island Bay Harbor, Florida Original Contract Amount: $501,000.00 % Complete lOO% Engineer: Kimley-Hom & Assoc, Inc. 5100 N.W. 33rd Avenue, Suite 157 Fort Lauderdale, Fl 33304 Mr. Gary R. Ratay, P.E. 954-739-2233 Date Completed: June 2004 Project: Draina2e Svstems Improvement Job Description: Construction of French Drainage Systems Owner:City of Pompano Beach 1201 NE 5th Street Pompano Beach, Fl 33061 Contact Person: Mr. Don Jennsen, P.E. City of Pompano Beach 1201 NE 5th Street Pompano Beach, F13306l Phone: 954-786-4508 Original Contract Amount: $434,779.00 % Complete 100% Engineer: PBS & J Consultants 2101 NW 107th Avenue Miami, Fl 33172 Ken Coban, P.E. 305-592-7275 Date Completed: April 2003 5 Project: Drainage Svstems Improvement Job Description: ConstructlOn of French Dramage Systems Owner: Cn)' of Pompano Beach 1201 "iE 5th Street Pompano Beach, Fl 33061 Contact Person: ML Don Jennsen, P.E Cay of Pompano Beach 1201 NE 5th Street Pompano Beach, Fl 33061 Phone: 954-786-4508 Original Contract Amount: 5498,370.00 'Y., Complete 100?lrJ Engineer: PBS & J Consultants 2101 NW loth Avenue Miami. Fl 33172 Ken Coban, PE 305-592-7275 Date Completed: July 2003 Project: Municipal Golf Course Reclaimed Watermain Job Description: Install 24" & 8" watermain across City golf course including 2 valve vaults for 8" mag meters and 3 pig launch devices. Owner: City of Delray Beach Environmental Services Dept. 434 South Swinton Ave. Delray Beach, Florida 33444 Contact Person: Rafael C. Ballestero Director of Construction Environmental Services Depr. 561-243-7320 Original Contract Amount: $ 271,364.00 % of Completion: 1 OO?~ Engineer: Mathews Consultmg, Inc. 1475 Centerpark Blvd. Ste. 250 West Palm Beach. F1. 33401 (56]) 478-7961 Date Complete: June 2003 Project: Phase II New Saltwater PumpilHZ Svstem Job Description: Construct Salt\vater Vacuun; .\SS1st Pump Station. including 16" f-IDPF suctIOn line & 12" dlscharge lme. Owner: Lost Tree Village Property (l\vner, ASSOCIation Contact Person: John McKune P.E Phone: 954-C'5:2-596Ci Fax: 954-752-6730 Original Contract Amount: 5351}! 900 % of Completion ODU r Engineer: Gee & Jenson 11575 Heron Bay Blvd.. Sune ] 06 Coral Spnngs. Fl 33076 Date Complete: October 11 th 2001 Project: North Course Drive. Water Main. Pompano Beach. Fl. Job Description 20" Aerial Water Mam Crossing 700' x 20" HDPE Directional Bore. and 400' of20" DrP Pipe WIth two tie llh Owner: City of Pompano Beach 1201 NE 5th Street Pompano Beach. Fl 3306J Contact Person: Clayton Young. P!'vl. City of Pompano Beach ] 20 I ;-..JE 5th Street Pompano Beach. Fl 3306] Phone: 954-786-4029 Original Contract Amount: S4l5.5l0.0U % of Completion: ] OO(;~) Engineer: Williams Hatfield & Stoner. Ine 2101 North Andrews Ave. SUlte~I)O Fort Lauderdale. FL 333] 1 Calvm C. Hoppmeyer. Jr.. PE Date Completed: June 2002 I, Project: Lift Stations 56A1. 56A2, 56B and 56B1 Job Descrlption: Rehabllitate lift stations 56A L 56A2, 56B and 56B 1. Owner: Broward County Board of County Commlssloners 115 South Andrews Avenue Fort Lauderdale, Florida Contact Person: GUlllermo Cancio Environmental Englneering Dlvision Office of Envlronmental Servlces 954-831-3217 Original Contract Amount: $435,620.00 % of Completion: 100% Engineer: Office of Envlronmental,Services 2555 W. Copans Road Pompano Beach, Fl 33069 Date Completed: November 2002 Project: Basins S-4 and S-5 Pumpinl! Station Job Description: Construct stormwater pump station Owner:South Broward Dralnage District 6591 Southwest 160 Avenue Davie, Florida 33331 Contact Person: Nell Kahn, District Director 954-680-3337 Original Contract Amount: $3,051,384.00 % of Completion: 100% Engineer: Calvin Giordano and Associates 1800 Eller Drive, Suite 600 Fort Lauderdale, F133316 Date Completed: September 2001 Project: Bavwinds Stormwater Pump Stations Job Description: Construct two Storm Water Pumping Stations Owner: Northern Palm Beach County Improvement District NPBCID Unit of Development 5B 561-624-7830, fax 561-624-7839 Contact Person: Michael R. Hanseter 561-683-3113 ext227 Mock, Roos & Associates, Inc. Original Contract Amount: $1,582,024.45 % of Completion 100% Engineer: Mock, Roos & Associates Inc. 5720 Corporate Way WPB, Fl 33407-2066 Date Complete: September 4, 2000 Proiect: North County Senior Center Job Description: Construct new wastewater station for North County Senior Center Owner: Board of County Commissioners Palm Beach County 33323 Be1evedere Rd, Ste 503 West Palm Beach, Fl 33406 Contact Person: Michael R. Hanseter 561-683-3113 ext 227 Mock, Roos & Associates, Inc. Original Contract Amount: $83,000.00 % of Completion: 100% Engineer: Mock, Roos & Associates Inc. 5720 Corporate Way WPB, F133407-2066 Date Complete: December 9, 1999 7 Project: D-Basins Pumn Station Job Description: Construct three 11ft statIons D 1. D2, and D4 Owner: City of Oakland Park 3650 N.E. 12th Avenue Oakland Park, Florida 33334 Contact Person: James DavIs, P.E. Williams, Hatfield & Stoner. Inc. 954-566-8341 Original Contract Amount: $434,779.00 %J of Completion: 10001r) Engineer: Wilhams, Hatfield & Stoner, Inc. 2101 North Andrews Ave, Suite 300 Fort Lauderdale, Florida 33311 Date Complete: May 2000 Project: Lift Stations 23F. 23.T & 25B Job Description: Rehabilitate lift stations 23F. 23J and 25B Owner: Broward County Board of County Commissioners 115 South Andrews Avenue Fort Lauderdale, Florida Contact Person: Patrick Sweet Office of Environmental Services 954-831-0973 Original Contract Amount: $242.519.00 % of Completion: 100% Engineer: Otfice of Environmental ServIces 2555 W. Copans Road Pompano Beach, F1 33069 Date Complete: February 2000 Project: Master Pump Station 364 and Forc~ ollai.n Job Description: Construct master pump station. lift statlOn and thIrteen thousand feet uf 30" force mam: four -1-8" Jack and bores anci UriC: aerial crossing Owner: Seacoast Unlity Author' 4200 Hood Road Palm Beach Gardens. ['] :~ _,..+00 Contact Person: Mr. Jeff Rel13ul: 561-626--1-653 Barker. OSHA & Anderson. Inc. Original Contract Amount: '52.99 i .24925 % of Completion 1 OO~/(l Engineer: Barker, Osha & Anderson. Inc. 860 U.S. Highway One Palm Beach. Fl 33408 Date Complete: August 200n Project: Peanut Island Park Job Description: Construction of a boater's park, with enhancement of water-oriented recreational facihties which include: A 10' WIde boardwalk around perimeter of the island. Family picnic Pavilions, restrooms WIth showers and drinking fountains. Campground with (28) campsites, Ranger station, a fifteen slip boat dock, fishing pier, ExotIC natIve landscaping, site hghting and electrIcal sen'lce. Owner: Palm Beach County Board of Commissioners Contact Person: Mr. Jim Barnes (561) 233-0208 Original Contract Amount: S2.569.0 141JO % of Completion: 1 ()()~u Engineer: Gee & Jenson. West Palm Beach Date Completed: December] 999 :; CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORl VI.-CONSENT AGENDA ITEM B.S. 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 [8J April 15, 2008 March 31, 2008 (Noon) D June 17, 2008 June 2, 2008 (Noon) D May 6, 2008 April 14,2008 (Noon) 0 July 1,2008 June 16, 2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5,2008 July 14,2008 (Noon) D Announcements/Presentations 0 City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Cornpliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Motion to award Bid #035-2821-08/CJD, "PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1" (Contract 1), to B & B Underground Contractors, Inc., and execute a contract by resolution in the amount of $895,460.00. Also, approve an owner's contingency of 10% in the amount of $89,546.00 for a total project budget appropriation of $985,006.00. EXPLANATION: Contract 1 is the first phase of construction necessary to install a 24-inch diameter reuse water main that will extend from the existing reuse water main located at the intersection of Congress Avenue and Golf Road, eastward, connecting to a 12-inch diameter reuse main that will progress northward to the serve the coastal zone. The new mains will be sized to meet future phases in the eastern portion of the service area. '2 ...-, . -; -~ -'~::~:.. ::-. ~ -<. Bid #035-2821-08/CJD, Contract 1, is the construction of four (4) jack & bores, schedule~or=: completion in time to coordinate connection with Contract 2's reuse pipe installation. Bi(f'1t039-:TJ 2821-08/CJD, "Phase 1A and Phase IB, Reclaimed Water System, Contract 2" (Contract ~for tl1~ pipe installation will open on April 1 0, 2008. -0 - ..::-, -_.~ .-t".. The sites for the four (4) jack & bores are: .... .' ..-" . :;;- '-1""\ Two (2) jack & bores underneath 1-95 and FDOT (CSX) railway at Old SW 23rd A ve~ue and SW 23rd Terrace; One (1) jack & bore underneath FEC railway at SE lih Avenue; and, One (I) jack & bore underneath FEC railway at SE Is1 Avenue ;-,.....\ . . . SBULLETINFOR\lSAGENDA ITEM REQUEST FOR 'VI. DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM PROGRAM IMPACT: This project along, with Contract 2, benefits the City in several ways by allowing for redirection of treated water now disposed via the ocean outfall; decreasing demands on the potable water system in the coastal zone; and, improving the City's position for obtaining increased water allocations from the surficial aquifer. Six (6) bids were received and opened by Procurement Services on March 20, 2008. Copies of the bid proposals were submitted for review and evaluation by the Utilities Department and Mathews Consulting, Inc. Reference checks were performed on the apparent low bidder and positive responses were received from all parties. B & B Underground Contractors, Inc. constructed two (2) jack and bores under 1-95 and CSX Railway for the City of Boca Raton in 2006; the project was completed on time and within the budget. A technical/mathematical error was found in Foster Marine Contractors' bid, but the error did not affect the overall evaluation. We concur with Mathews Consulting, Inc. and recommend awarding this contract to B & B Underground Contractors, Inc., as the lowest, most responsive, responsible bidder who meets all specifications and whose bid is in the best interest of the City. FISCAL IMPACT: Funds are available in Utilities account #404-5000-590-96-11 REUOOl. Funding for this project will be augmented by a $1,500,000 grant awarded to the City by the South Florida Water Management District. AL TERNATIVES: This project faces time constraints due to grant funding and tight construction periods to coordinate with Contract 2. Not meeting deadline requirements detailed in the grant agreement, the South Florida Water Management District could decrease payment amounts for construction cos " curred. There is no alternative. ~ City Manager's Signature Assistant to City Manager c;M't/ U ilities Department Name /~ City Attofney / Finance x~: rfi Boateng, Utilities Director Iy~~te Mazzella, Deputy Utilities Director Barb Conboy, Manager Utilities Admin/Finance ~11'-- Karen Riseley. Contract Administrator (Project File) " In It fll', fOk\l\ .\(jE,J)\ ITEM REQUEST FORMDOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE 4 CITY OF BOYNTON BEACH, FLORIDA, APPROVING A 5 CONTRACT FOR BID #035-2821-08/CJD TO B&B 6 UNDERGROUND CONTRACTORS, INC., FOR PHASE 7 lA, RECLAIMED WATER SYSTEM, CONTRACT 1 IN 8 THE AMOUNT OF $895,460.00 PLUS A 10% OWNER'S 9 CONTINGENCY OF $89,546.00 FOR A TOT AL 10 APPROPRIATION OF $985,006.00; AUTHORIZING THE 11 CITY MANAGER TO EXECUTE CONTRACT 12 DOCUMENTS; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, Contract 1 is the first phase of construction necessary to install a 24-inch 16 diameter reuse water main that will extend from the existing reuse water main located at the 17 intersection of Congress Avenue and Golf Road; 18 WHEREAS, Bid #035-2821-08/CJD, Contract 1, is the construction of four (4) jack & 19 bores, scheduled for completion in time to coordinate with Contract 2's reuse pipe installation; 20 and 21 WHEREAS, six (6) bids were received and opened by Procurement services on March 22 20, 2008, which were reviewed and evaluated by the Utilities Department and Mathews 23 Consulting, Inc., 24 WHEREAS, staff concurs with Mathews Consulting, Inc., and is recommending the 25 ward to B & B Underground Contractors, Inc., as the lowest, most responsive, responsible Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 idder who met all specifications and whose bid is in the best interest of the City. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 30 eing true and correct and are hereby made a specific part of this Resolution upon adoption. :\CA\RESO\Agreements\Bid A wards\Award of Bid - Reclaimed Water Phase lA (B&B).doc - 1 - Section 2. The City Commission of the City of Boynton Beach, Florida. hereby 2 approves the award of Bid #035-2821-08/CJD to B & B Underground Contractors, Inc.. for 3 Iphase lA Reclaimed Water System, Contract l. 4 I Section 3. The City Manager is authorized to execute a contract in an amount not 5 to exceed $895,460.00 plus a 10% contingency of $89,546.00 for a total appropriation of 6 $985,006.00, a copy of said Contract is attached hereto and made a part hereof as Exhibit "A" 7 Section 4. That this Resolution shall become effective immediately. 8 PASSED AND ADOPTED this ________ day of April, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay TTEST: Commissioner - Marlene Ross anet M. Prainito, CMC ity Clerk Corporate Seal) '\CA\RESO\Agreements\Bid Awards\Award of Bid - Reclaimed Water Phase 1/\ (B&B) doc 2 - . --~-~_._--_...,_..__. ,"'~-'- ~ MATHEWS CO~~~I~gn:I~~:; r.;~]H \'j [,_ \Iv April 7,2008 Mr. Christopher Roschek, P.E. Engineering Division Manager CITY OF BOYNTON BEACH 124 E. Woolbright Road Boynton Beach, Florida 33435 City of Boynton Beach Phase lA - Reclaimed Water System (Contract I) Biddinp' Results (Bid #035-2821-08/CJm Dear Mr. Roschek: On Wednesday, March 19, 2008, at 2:30 PM, bids were received by the City of Boynton Beach for the Phase IA - Reclaimed Water System (Contract 1). Six (6) bids were received as follows: Name of Bidder Amount of Base Bid l. 2. 3. 4. 5. 6. B&B Underground Contractors, Inc. Expertech Network Installation, Inc. Man Con, Inc. Johnson-Davis, Inc. Chaz Equipment Company Foster Marine Contractors, Inc. $ 895,460.00 $ 997,535.93 $1,290,036.00 $1,294,0 I 0.00 $1,299,830.00 $1,828,060.00 The Engineer's Estimate (attached) was $1,303,956. The majority of the bids were under the Engineer's Estimate. The construction duration for Phase I A Reclaimed Water System (Contract I) for substantial completion is 130 calendar days. The Phase lA & lB Reclaimed Water Main (Contract 2) is scheduled to have bids opened on April 10, 2008 at 11 :00 am. The construction duration for Phase I A Reclaimed Water System (Contract 2) for substantial completion is 150 calendar days; and the construction duration for Phase I B Reclaimed Water System (Contract 2) for substantial completion is 200 calendar days. Refer to attached Drawing G-5 for project locations. If you have any questions on the enclosed, please do not hesitate to call me at 561/478-7961. Sincerely, MATHEWS CONSULTING, INe. ~. David L. Mathews, P.E. Vice President Enclosure c: Me File No. 1420 Mathews Consulting. Ine. . 1475 Centrepark Boule~'ard. Suite 250' ",est Palm Beach. FL 33401 561-478-7961' Fax 561-478-7964 www.mathc>."sconsultinginc.com 100% DESIGN CONSTRUCTION COST OPINION City of Boynton Beach Phase 1 - Reclaimed Water System Contract 1 Item Estimated Unit Extended No. Description Unit Quantity Price Cost Jack & Bore {CSX RRlI-95}- Dwg. C-9, C-l0, C-ll & C-12 1 Site Mobilization/DemobIlization (6%) LS 1 $46.827.00 $46,827.00 2 Maintenance of Traffic LS 1 $15,000.00 $15.000.00 3 As-Built Record Drawings LS 1 $3.00000 $300000 4 Audio Video Documentation LS 1 $1.000.00 $1.000 00 5 NPDES PermiVErosion Protection Measures (0.5%) LS 1 $3,902.00 $3.902.00 6 Jack & Bore Pit @ Sla. 45+25 LS 1 $20.000.00 $20000.00 7 Jack & Bore Pit @ Sta. 47+00 LS 1 $20.000.00 $20.000.00 8 Jack & Bore Pit @ Sta. 49+40 LS 1 $20.00000 $20.000.00 9 Jack & Bore Pit @ Sta. 54+20 LS 1 $20.000.00 ,20.000.00 10 36" RWM (casing pipe)/24" RWM (carrier pipe) J & B Complete LF 145 $90000 ,130.5000C 11 36" RWM (casing pipe)124" RWM (carrier pipe) J & B Complete LF 465 ,900 00 $418.50000 12 Open-Cut Pavement Repair LF 115 $50 00 $5.750 00 I 13 24" DIP RWM (RJ) LF 355 $140.00 $49.70000 14 24" Butterfly Valve EA 4 $4.000.00 $16.000.00 15 24" Cap EA 2 $1,000.00 ,2,00000 16 24" 45 degree bend EA 4 $1.00000 $4.00000 I 17 Dewatering Operation Complete LS 1 $45,000.00 $45,00000 18 Temporary Access Roads LS 1 $10.000.00 $10,00000 Subtotal Jack & Bore (CSX RRI/-95) $831,179.00 Jack & Bore (FEC RR)- Dwg. C-33 19 Site Mobilization/Demobilization (6%) LS 1 ,10,98000 $10.98000 I 20 Maintenance of Traffic LS 1 $15,000.00 $15.00000 21 As-Built Record Drawings LS 1 $2.000.00 $2.00000 22 Audio Video Documentation LS , $500.00 ,50000 23 NPDES PermiVErosion Protection Measures (0.5%) LS 1 $915.00 $915.00 24 Jack & Bore Pit @ Sta. 125+55 LS 1 $20.00000 ,20.000.00 25 Jack & Bore Pit @ Sta. 127+00 LS 1 $20.000.00 $20.000.00 26 24" RWM (casmg pipe)/12" RWM (carrier pipe) J & B Complete LF 120 ,70000 '84.000 00 27 Open-Cut Pavement Repair LF 90 $50.00 ,4500.00 28 12" DIP RWM (RJ) LF 65 $100.00 $6.500.00 29 12" Gate Valve EA 2 $3.000.00 $6.00000 30 12" Cap EA 2 $75000 $1.50000 31 12" 45 degree bend EA 4 $750.00 $3.00000 32 DewatennQ Operation Complete LS 1 $20,000.00 $20,000.00 Subtotal Jack & Bore (FEe RR) $194,895.00 Jack & Bore (FEC RR) - Dwg. C-46 33 Site Mobilization/Demobilization (6%) LS 1 $11.430.00 $11.43000 34 Maintenance of Traffic LS 1 $15.000.00 $15.00000 35 As-Built Record Drawings LS 1 $2,000.00 S2.00000 36 Audio Video Documentation LS 1 $500.00 $50000 37 NPDES PermiVErosion Protection Measures (0 5%) LS 1 $952.00 $952.00 38 Jack & Bore Pit @ Sta. 232+70 LS 1 $25.00000 $25.00000 39 Jack & Bore Pit @ Sta. 234+10 LS 1 $25.000.00 $25.000.00 40 24" RWM (casing pipe)/12" RWM (carrier pipe) J & B Complete LF 120 $700.00 ,84.000.00 41 Open-Cut Pavement Repa" LF 50 $50 00 $2.50000 42 12' DIP RWM (RJ) LF 45 $100.00 $4.500.00 43 12" Gate Valve EA 2 $3,000.00 $6.00000 44 12' Cap EA 2 $750.00 $1.50000 45 12" 45 degree bend EA 6 $750.00 $4.50000 46 Dewaterino Operation Complete LS 1 $20.000.00 $20.00000 Subtotal Jack & Bore (FEC RR) $202,882.00 Allowance 47 Undefined UnderQround Allowance LS 1 $75,000.00 $75.00000 I Subtotal Allowance $75.000.00 Total $1,303.956.00 GRAND TOTAL $1,303,956.00 Note: Since the Engineer has no control over the cost of labor, materials, equipment or servIces furnished by others or over the Contracto~s methods of detenninmg prices. or over competitive bidding or market conditions. Engineer's opinion's of probable Construction Cost provided herein are to be made on the basis of Englnee"s experience and quelifications and represent Engineer's best judgement as an experienced and qualitied Engineer familiar with the construction industry; but Engineer cannot and does not guarantee that proposals bids or actual Total Project or Construction Costs will not vary from opinions of probable construction cost prepared by Engineer. 1 OO%costestimate(contract1 )417/2008 ~1"G-~ == ;~. (UIS rKllI =:~=:'::';'\~\=";\~{8\Cod\asStl~~~2; ~ ~ ~ e g ~ U n z p ~ 8 z " " i r ~ ~ ~ ~ It !i: ~ ~ i'l i ~ ~ !1 !;l I~ ~ I~ I~ ,~ ~ !~ I 51~ I; . ,,' &,!O ~!r Nir::: i~ .. o~ I~ II ,,, !~ Ji'~ ~ l~e I..:J 11: ni~ q~@I>- ~!CIl"" ~WR:::r:: !~I~ ~ ~~fOCll ~~ 2! U (l ~~I~ IJ ~ I ~ - ~ JI~ . g Ii g ;g~ '" " ~ a~ ~ z z Ij p p I! ~ ~ " " :I: )> Vl 1'1 '" :; '" -< R- 0 ;:: ::< )> CD " ,olil )> ",~CD Z 0 I'1;;jO " o)>~ :I: ~~~ )> Vl 1'1", Z o OJ '" ~ ~ " Q ~ ;:;j z '" ~ ~ ~ ~ !;I i'I ill 8 '" BIDDING UI h g I~ ~i c-51 ~ ~~;t .......- r:=:=3r& "" 2 ,__'It ""u ~ 2 ......... ~ 'f.._.1 ! n U. "..... -~~....... 2 '" ~ . i 'i' ~ t::l z '" : g ;~;; PI 11 I i I ~ ~~ - NOR T H ~ ~~~VL~g INC ~ l' ~ '., D ClvlI and Environmental Englneer.s... '.'~ C' . ~~:'.,'1l"r;;..' ~\ t; ~ Macch 25, 2008 ~ L ~ & ~ Mr. Pete Mazzella Deputy Utility Director CITY OF BOYNTON BEACH 124 E. Woolbright Road Boynton Beach, Florida 33435 \h1-\?-' "L G ,....lr~ c\-\ U,\\\.:\.\.-:J "~O~ ~tJ~ ~C \, City of Boynton Beach Phase lA - Reclaimed Water System (Contract 1) Biddin~ Results (Bid #035-2821-08/CJD) Dear Mr. Mazzella: On Wednesday, March 19, 2008, at 2:30 PM, bids were received by the City of Boynton Beach for the Phase 1A - Reclaimed Water System (Contract 1). Six (6) bids were received as follows: Name of Bidder Amount of Base Bid 1. 2. 3. 4. 5. 6. B&B Underground Contractors, Inc. Expertech Network Installation, Inc. Man Con, Inc. Johnson-Davis, Inc. Chaz Equipment Company Foster Marine Contractors, Inc. $ 895,460.00 $ 997,535.93 $1,290,036.00 $1,294,010.00 $1,299,830.00 $1,828,060.00 We have reviewed the bid proposals submitted by each of the contractors and have only found mathematical errors in the bid by Foster Marine Contractors. The errors do not affect the bid order. The following summarizes our findings for the low bidder: B&B Undereround Contractors. Inc. · Acknowledged Addendum No. 1 & 2. · Provided Bid Proposal. · Provided Horizontal Bar Chart. · Provided Bid Bond (5%). · Provided Statement of Qualifications. Provided project list that shows they have completed this type of utility work in the past. · Provided Non-Collusion Affidavit. · Provided Anti-Kickback Affidavit. · Confirmation of Minority Owned Business (provided and they are not MBE) Submitted. · Confirmation of a Drug Free Workplace Submitted. · Provided Trench Safety Act. · Provided Safety Program Compliance. · Provided Schedule of Subcontractors. · Provided Site Inspection Form. · Provided Required Licenses. · Company is based in City of West Palm Beach, Florida and has the equipment and manpower to perform the project. Mathews Consulting, Inc. . /475 Centrepark Boulevard, Suite 250. West Palm Beach. FL 33401 56/-478-796/' Fax 56/-478-7964 www.mathewsconsultinginc.com MATHEWS ~ CONSULTING INC. Mr. Pete Mazzella March 25,2008 Page 2 of2 Attached, please find bid tabulation for your reference. We have contacted references for B&B Underground Contractors, Inc. and have received posItive feedback. B&B Underground Contractors, Inc. also completed in 2006 the construction of two (2) 30" Jack and Bores under 1-95 and CSX Railway for the City of Boca Raton, which was designed by Mathews Consulting. The project was completed on time and within construction budget. Mathews Consulting therefore recommends award of the contract to B&B Underground Contractors, Inc in the amount of$895,460.00. If you have any questions on the enclosed, please do not hesitate to call me at 561/478-7961. Sincerely, MAmEWS CONSULTING, INe. David L. Mathews, P .E. Vice President Enclosure c: Chris Roschek, Boynton Beach (w/enclosure) Karen Riseley, Boynton Beach (w/enclosure) MC File No. 1420 () OJ() en)> enz C/)en c.n CJl CJl "tl :::0 :::0 < 0 CO CZ CO C~ ~ C( C :::0 m m m z C/)z OJ-l OJz OJ-l OJ ~:' ~( 0 () () Z 11 z::!:! S::' S:' ~m ~i "tl m m 0 -^ -() 0 :j= 0 :::0 m:::o ::jo ::jo ::jS:: 0 "tl "tl s:: C/)S:: OJ --1 C/) -l -l :::0 )> C/))> m^ mi= mm 0 0~ 0~ )> 0 0 C/) :::! :::! 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"TIIZ~OO ~O" -I>o:r: zenZ:r:z .. a~-en m '0 O1"OZOJ -< -< -< -< -< -< ~O1=1)>~~ m m m m m m I 0> - 0 en en en en en en ~~c....."TI-1)> <f~~'I< O1oo0c..>OCi.i N~:r:c..>::o- O1....Z-I>o_- N~en~rii~ o . Z .. "."' 1 - 0 m )>mc..> "'0 ::0-1>0 "TII=I:!!~ ~~?;:~~ -< ~m(;)o~s: O1"C .)> -< -< m -< -< -< ~~-<~~Z m m en m m m -- ~t;J>~-Ia en en Z en cn cn )> -;-!NS:IIO 00--1)>- enZ ....bz"TI-I c..>Na'::O c..>c..>_ m ozc..>m -~-I -1>0 N BID TITLE: PHASE 1A RECLAIMED WATER SYSTEM, CONTRACT A BID NUMBER: 035-2S21-0S/CJD PROJECT NUMBER: RED 001 CITY OF BOYNTON BEACH, FLORIDA CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this 15th day of ApriL 200S, by and between the CrTY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "CITY" or "OWNER" and B & B UNDERGROUND CONTRACTORS. INC. a Florida Corporation C X ~ a Florida General Partnership (_) a Florida Limited Partnership (~ a Sole Proprietor ~) Check One hereinafter called "CONTRACTOR". WITNESSETH WHEREAS, The City has heretofore invited bids for a City construction project ("Project") identified by the bid title, bid number and project number listed above and commonly referred to as: PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 WHEREAS, Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the ~ day of MARCH, 200S for the total bid amount of$S95,460.00; and, WHEREAS, On the 15th day of APRIL, 200S, the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement; and, WHEREAS, the Parties agree that the Project is scheduled to achieve Substantial Completion without interruption within 130 calendar days as specified in the Notice to Proceed, subject to CITY approved time extensions. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: C - 1 Utilities Department Rev. 01/24/06 1. AGREEMENT 1.1. The Parties agree that: 1.1.1. The foregoing "Whereas" clauses are true and correct and incorporated herein by this reference. 1.1.2. The CITY does hire and employ the CONTRACTOR to provide construction services for completion of the Project. 1.1.3. The CONTRACTOR does accept this Contract and does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to complete the Project by performing all the work as set forth in the this Contract and the Contract Documents for the price and amounts set forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is set forth in the General Conditions for Construction GC-2, INDEPENDENT CONTRACTOR. 1.1.5. Unless otherwise provided, all time frames referenced III all Contract Documents shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those improvements described and set forth in the Contract Documents. 2.2. The "Contract Documents" are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2.2.2. Instructions for Bidders 2.2.3. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all references to "GC" shall be to section numbers 2.2.6 Supplemental Conditions for Construction (SCC) 2.2.6 Construction Contract 2.2.7 Certificate of Insurance 2.2.8 Public Construction Bond 2.2.9 Technical Specifications 2.2.10 Contract Drawings and Plans 2.2 .11 Addenda 2.2.12 Written directives or interpretations 2.2.13 Manufacturers warranties C-2 Utilities Department Rev. 01/24/06 3. OBLIGATIONS OF CONTRACTOR 3.1. Contractor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the Contract Documents. 3.1.2. Perform all the work and labor pursuant to this contract and all of the materials furnished shall be in strict conformity with the Contract Documents. CONTRACTOR further accepts and consents to the conditions contained in said Contract Documents and expressly agrees to comply with every requirement and stipulation therein contained. 3.1.3. Furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3.1.4. CONTRACTOR shall furnish each subcontractor or material supplier with a copy of his Public Construction Bond within five (5) days of subcontractors' work or material supplying and shall maintain records to establish that notice. A copy of said notice shall be provided to the City's Project Manager at time of issuance. 3.1.5. Guarantee all work and materials for a period of one (1) year, as set forth in the General Conditions for Construction GC-24, WARRANTY. Warranty period shall commence with date of final acceptance as set forth in the Technical Specifications for Construction 01700, EXECUTION REQUIREMENTS. 3.1.6. Comply with the provisions of Section 255.05, Florida Statutes. If applicable. 3.1. 7. Pay promptly, before final settlement, any and all claims or Ii ens by subcontractors or material suppliers, incurred in and about this work. 3.1.8. Remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. 3.1.9. Observe and comply with the provisions of the charter, ordinances, codes and regulations ofthe City of Boynton Beach, Florida. (' , ... - "' Utilities Department Rev. 01/24/06 3.1.10. Obtain written approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. 3.1.11. Perform such other tasks as set forth in the Contract Documents. 3.1.12. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) of the Award of the Project. 3.2. The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause resulting from their acts or omissions, or the acts or omissions of their subcontractors or suppliers. 4. CITY'S OBLIGATIONS 4.1. City shall provide a written Notice to Proceed at the time of the scheduled Pre- Construction Meeting. 4.2. Make timely payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory completion of the Project, provide a written final acceptance and payment for the entire project. 5. COMMENCEMENT OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract within (10) calendar days of the Commencement Date specified in the written "Notice to Proceed," and to achieve Substantial Completion without interruption within 130 calendar days thereafter. 5.2. Time is the essence of the contract. In the event the CONTRACTOR shall fail to timely commence the work following Notice to Proceed or fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR shall be in default of achieving certification of Substantial Completion. C-4 Utilities Department Rev. 01/24/06 5.3. CONTRACTOR shall notify the Project Engineer in writing of any change in the names and addresses of each subcontractor proposed for principal parts of work, and any changes in subcontractors from those proposed in CONTRACTOR's bid proposal, and for such others as the Project Engineer may direct, and shall not employ any that CITY may, within a reasonable time, object to as incompetent or as unfi 1. 6. BONUS FOR EARLY COMPLELTION 6.1 The Scope of Work for Project Area 1, Project Area 2, and Project Area 3 must achieve Final Completion no later than August 15,2008. 6.2 A bonus of$I,OOO.OO per day may be earned by the Contractor for achieving Final Completion of all work as stipulated in the contract documents, prior to August 15, 2008. 6.3 The Contractor must perform all work during normal City hours as described in Technical Specification 01300 - ADMINISTRATION REQUIREMENTS. 6.4 No extension of time or delays will be considered to determine the number of eligible for a bonus day. 6.5 A maximum of 30 bonus days, ($30,000) may be earned as a bonus. 6.6 Payment for all or any part of the early completion bonus will be determined by the Proj ect Manager in accordance with the Contract Documents. 7. LIQUIDATED DAMAGES 7.1. The CONTRACTOR further agrees to pay $1,000.00 per day as liquidated damages, for failure to begin within ten (l0) days of CITY's issuance of the "Notice to Proceed" or failure to achieve Substantial Completion within 130 calendar days from the Commencement Date as indicated in the written "Notice to Proceed". The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. C - 5 Utilities Department Rev. 01/24/06 7.2 Punch list items recorded as a result of inspections for Substantial Completion are to be corrected by the CONTRACTOR within thirty (30) calendar days and prior to any request for Final Inspection, Testing and Acceptance as stated in the General Conditions for Construction (GC-50). If the Substantial Completion punch list items have not been corrected by the CONTRACTOR within the thirty (30) calendar day period, at the discretion of the Project Manager, Liquidated Damages may be applied as described in Section 6 above. 8. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS 8.1. The CONTRACTOR warrants that quoted prices include the protection and continuous use of all existing work in process, property or operations of the CITY as more particularly set forth in the Technical Specifications for Construction, 01540, SECURITY AND SAFETY PROCEDURES FOR INFRASTRUCTURE PROJECTS, and/or 01541 SECURITY AND SAFETY PROCEDURES FOR WATER TREATMENT PLANT PROJECTS. 9. INDEMNIFICATION 9.1. The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of services under this Agreement. 9.2. CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the 'trial and appellate levels) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the Contract sum payable by the CITY to the CONTRACTOR, specific additional consideration in the amount of ten dollars ($10.00) sufficient to support this obligation of indemnification provided for in this paragraph. The indemnification required pursuant to the Contract shall in no event be less than $1 million per occurrence or no more than the limits of insurance required of the CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Section 725.06, Florida Statute. C-6 Utilities Department Rev. 01/24/06 9.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth in the General Conditions for Construction. However, the indemnification provision, and the insurance provision contained in the General Conditions for Construction are not interdependent of each other, but rather each one is separate and distinct from the other. 9.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. lOA YMENT BY CITY 10.4 The CITY agrees to pay the CONTRACTOR in current funds for the perfomlance of the contract, subject to additions and deductions as provided in the Contract Documents. 11 CHANGES IN THE WORK 11.4 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. Changes in the work must be processed as set forth in the General Conditions for Construction GC-46, FIELD CHANGE DIRECTIVES/CHANGE ORDERS. 11.5 All change orders and adjustments shall be in writing and approved by the Project Manager, otherwise, no claim for extras will be allowed. 11.6 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was done. No claim for extra work shall be allowed unless same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 12 PROJECT ENGINEER 12.4 The Proj ect Engineer ("Engineer") is David Mathews, P .E. Mathews Consulting, Inc., 1475 Centrepark Boulevard, Suite 250, West Palm Beach, FL 33401. 12.5 The Project Engineer shall have general supervision and direction of the work. The Project Engineer is the agent of the CITY only to the extent provided in the Contract Documents and when in special instances he has the authority by CITY to act, and in such instances he shall, upon request, show CONTRACTOR such (' ..., __ - I Utilities Department Rev. 01/24/06 authority in writing. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. 12.6 As the Project Engineer is, in the first instance, the interpreter of the conditions of the contract and the judge of its performance, he shall side neither with CITY nor with CONTRACTOR, but shall use his authority pursuant to the Contract to enforce its faithful performance by both parties. 12.7 In the event of a dispute, the role of the Project Engineer is to make recommendations to the Project Manager who shall make the final decision. 13 INSURANCE 13.4 The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction GC-27, INSURANCE. 14 CONTRACT CONTROLS 14.4 This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk, shall be used as evidence. 14.5 In the event of a conflict between the requirements or specifications set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-17, CONTRACT INTERPRETATION. In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of the Contract Document 15 TIME OF ESSENCE 15.4 Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Contract. C - 8 Utilities Department Rev. 01/24/06 16 REMEDY FOR DELAY 16.4 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party other than the CONTRACTOR, his agents, employees or subcontractors, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. 16.5 NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH THIS LIMITATION. CONTRACTOR hereby acknowledges that he has read and understands the above provision. INITIALS 16.6 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 16.7 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction GC-23, EXTENSION OF TIME/NO DAMAGES FOR DELAY. 16.8 For the purpose of this section, the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Project Engineer and Project Manager. 17 DISPUTES 17.4 Disputes shall be resolved as set forth in the General Conditions for Construction GC-18, DISPUTES. 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. C - 9 Utilities Department Rev. 01/24/06 IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and witnessed in the presence of: CITY OF BOYNTON BEACH, FLORIDA City Manager Attest: Approved as. to Form: City Clerk City Attorney Signed, sealed and witnessed in the presence of: CONTRACTOR President or Vice President Attest as to CONTRACTOR State of Florida ) ) ss: County of Palm Beach ) On this day of , 20_, personally appeared before me, duly authorized to administer oaths, known to be the persons described herein or who has produced as identification and who executed the foregoing instrument and has acknowledged before me that they have executed same. Notary Public My Commission Expires: C - 10 Utilities Department Rev. 01/24/06 BIDDER ACKNO'VLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Broadcast Date: FEBRUARY 13,2008 Bid Title: PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 Bid Number: #035-2821-08/CJD Bid Received By: MARCH 19,2008, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: MARCH 19, 2008, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall confom1 to applicable sections of the charter and codes of the City. 2, 4"s UIV'b,f/Uk;uUC+'10 (b/t;\'(U1c:rezs /It/Q.. 1\ame of Vendor: Federal I.D. Number: 6~C:;~-IOcI5 S- pry A Corporation of the State of: .-- ' - l--l6Zt i) /(- Area Code: 5 tP I Telephone Number: ,,,,,' r:' ;'~ I r ft/ 't). - _~.::o. V Area Code: &~ ( FAX Number: ,'- fl' " '., r '+. o "e,"- 53C,.''- Mailing Address: (j; '1(1 C; q ~.:/,..h. 0.. (fj /~1G Ci tylS tate/Zi p: I . ~ ,:;:.....-. '~l uA. \.L L<..~ \ ~ _~. r3 &yqc..H .' ;;:' 16'2/U4. S5 '-Iii ~ Vendor Mailing Date: ~e::ure D/lJBJt.L ~ Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL BA.] Mar 10 08 08:41a Mathews Consulting, Inc. (561) 478 -7964 p.4 The City of Boynton Beach :,:~(....~.( \ . r~J ',~ ~ .' ~ ) ,.... .f " ',.' ..:- ...' " , . l; , Procurement Sen>{ctS 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach. Florida 33425-03/0 TelephDne: (56l) 742-6310 FA.;l(: (561) 741-6316 ACKNOWLEDGEMENT OF ADDENDUM #1 "PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1" BID #: 035-2821-08/CJD RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "'ACKNOWLEDGEMENT OF ADDENDUM #1" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. e (1::, f/MfIlr.,,,,,,/y<; (lll"'lMl""6 4.e ~ &; NAME OF RESPONDENT SIGNATURE 0 SPONDENT '3 .- I q -0 'b DATE Oil Elk ~7?5. PRINT NAME The City of Boynton Beach 'SC\n.(~\ ! .; 'r f 1__ tl,\. '~ /0 0\. 'n, , ,/J,?" ). " ;.._>,' ;: x-- '1r 1'0 i'~ '0 Procurement Services 100 E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-03 10 Telephone: (561) 742-6310 FAX: (56]) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM #2 "PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1" BID #: 035-2821-08/CJD RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM #2" WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPT ABLE. L5'i'/~ tLlv'p.'i:.{~rz(!Jt!fI- ~ t1~/l<JQ-c9(U At NAME OF RESPONDENT . ~ ~------ SIGNATURE OF RESPONDENT 2 - /l-LfrJ ~ tJjI~L ~E:> PRINT NAME DATE Mar 10 08 08:41a Mathews Consu 1 t i ng, I nc. (561) 478-7964 p.5 BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: PHASE lA. RECLAIMED WATER SYSTEM. CONTRACT 1 BID NUMBER: 035-2821-08/CJD DATE: ~-I:;Z--CJc& -STCJ.-'I+D-J 'P~Cl05fL CteJ.J5JtA.<- 4!c.(laS an authorized representative of: (Print Name and Title of Representative) 6 (3 fj,/.IJ 'Uzt..,Z(JPt/D Uu~c.n>JS f~ (hereinafter called the bidder) located at (Print Name of Company) o t Db ~ ~ , \ I L~ ~ W6sr ~ (.H1 ~'ir'-t.f /~ 33/9 ~~onfinns that , i>- Company Address .' said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. S~ANY REPRESENTATIVE NAMED ABOVE /3"/1-D8 DA TE OF INSPECTION . . ADD END A CITY OF BO\~TON BEACH FLORIDA BID TITLE: PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 BIDDER: ~'f6 UI'V\)~Y2Ct;20""I)j) (1"J~P{-Gt),.i'-s:' /#~ DATE SUBMITTED: 3-/9-?C62 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Mathews Consulting, Inc. (Name of Project Manager/Architect/Consultant) and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE 1- 2 '3- "1 - XI{.?8 ~ -lr2.00~ THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE A-] Bid Proposal continued. . .. SCHEDULE OF BID ITEMS BID PROPOSAL The Bidder agrees to accept as full payment for the: PHASE lA, RECLAIMED WATER SYSTEM, CONTRACTl BID #035-282l-08/CJD Scope of Work: The City of Boynton Beach is seeking the services of a qualified contractor to furnish and install all fittings, valves, all appurtenances, and any incidental work for the complete installation of four (4) separate jack and bore along with reclaimed water main piping. The work is divided into the following project areas: Proiect Area 1- Work to be performed consists of, but is not necessarily limited to: Jack and bore #1 - One (1) 145 linear feet jack and bore of a 36-inch steel casing for a 24-inch reclaimed water main; installation will cross underneath FDOT (CSX) railway tracks. Jack and bore #2 - One (1) 465 linear feet jack and bore of a 36-inch steel casing for a 24-inch reclaimed water main; installation will cross underneath I-95. Proiect Area 2 - Work to be performed consists of, but is not necessarily limited to: Jack and bore #3 - One (1) 120 linear feet jack and bore of 24-inch steel casing for a 12-inch reclaimed water main; installation will cross underneath FEC railway tracks. Proiect Area 3 - Work to be performed consists of, but is not necessarilv limited to: Jack and bore #4 - One (1) 120 linear feet jack and bore of 24-inch steel casing for a 12-inch reclaimed water main; installation will cross underneath FEC railway tracks. The foregoing description is general in nature. The scope of work is more clearly defined in the Technical Specifications contained in the Contract Documents and as shown on the project drawings. GRAND TOTAL (All Bid Items ) (From Page BP-5) $ 8~5/qtoO~O s,JlJt.l1l1d 7ltMr1, r;d€.4,~ fb'*' j<PJIJE>tD <;;Ifli ~~ars and ftI~ toc> Cents I (amount written in words has precedence) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE BP-l Addendum #2 Bid #035-2821-08/CJD March 17, 2008 REVISED SCHEDULE OF BID ITEMS PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 ITEM EST UNIT I ! NO DESCRIPTION QTY UNITS COST V/\LUE PROJECT AREA I (CSX RR/I-95) -,.,----~_._---~-- 1. Jack & Bore Pit @, Station 45+25 1 LS /1./, 1&~0t> / tJ. me (JI I 2. Jack & Bore Pit @, Station 47+00 1 LS / '" ,,~/1 t>' //J /1/117 00 3. Jack & Bore Pit @ Station 49+00 40 1 LS ?A'\ /I..VI ()O 2/')()()(J"" 4. Jack & Bore Pit @, Station 54+20 1 LS /: 0 ... ,< ()'!/o" / 5-8t){) 5. 36" RWM (casing pipe)/24" RWM (carrier pipe) 145 LF 72/$"0000 i Jack & Bore complete 5"tJO ~ 6. 36" RWM (casing pipe)/24" RWM (carrier pipe) 465 LF 1- 00 o~ g 2 s., 5CO ..0 I Jack & Bore complete 7. Open-Cut Pavement Repair 115 LF / S-{)tJ 0 / -:j l sf) .. 0 8. 24" DIP RWM (RJ) 355 LF J 504E ' ' .5"s ~5t) <!)If i 9. 24" Butterfly Valve 4 EA 500000 , 20. OO{) (iI 10. 24" Cap 2 EA 2 t:)oo .. 0 4. ()~()O , 11. 24" - 45 degree bend 4 EA '300000 /:?/VVJcC 12. Dewatering Operation Complete 1 LS 5bO() 00 ~o() I 13. Temporary Access Roads 1 LS -SOoo 00 s-0cP0 00 14. SUB TOTAL BASE BID - AREA ONE (Items 1 thru Y 13) $ 5re!, UJO OC> Mobilization / Demobilization, Bonds, Insurance, ! and General Requirements. Contractor shall be I 15. limited to a maximum of six percent (6%) of the 1 LS 2C)tlO124tl!'t' 0' Sub Total Base Bid above. SEE SUPPLEMENTAL CONDITIONS SCC 3 SCC-2 NPDES Compliance - Maximum of one-half of 16. one (1) percent, 0.5% of Sub Total Base Bid. SEE 1 LS 2roo 2{JOO oc SUPPLEMENTAL CONDITIONS SCC 3 SCC-2 17. Audio Video Documentation 1 LS Sco s>ct:l 18. As Built Drawings 1 LS 1t)()C)CX> la:v~ 19. TOT AL BASE BID - AREA ONE (Items 14 thru 18) $ SCf:;: 1-tt? aa. ( BP-2 Addendum #2 Bid #035-2821-08/CJD March 17,2008 REVISED SCHEDULE OF BID ITEMS PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 ITEM DESCRIPTION EST UNITS UNIT VALUE NO QTY COST PROJECT AREA 2 (SE 12TH A VENUE) 20. Jack & bore Pit (c ~ Station 125+55 1 LS I ~ oM tf)O 1<: IJt'JO {?D 2l. Jack & Bore Pit G ~ Station 127+00 1 LS Ie /Vlll ~ I~';()O"" 24" RWM (casing pipe)1l2" RWM (carrier pipe) I I 22. 120 LF \!III ~2fJOO() Jack & Bore Complete 350 23. Open-Cut Pavement Repair 90 LF / tfJO uc;> 't aJO tP 24. 12" DIP RWM (RJ) 65 LF <0 -'" '3 Z<SCJ 25. 12" Gate Valve 2 EA 2CJ(YJ lPtJ c/~t;~ 26. 12" Cap 2 EA 9~"l> I 4tYJ Df) 27. 12" - 45 degree bend 4 EA sootPtI ?nn",,_O 28. Concrete Sidewalk 55 SY ~tK> /1o-moO 29. Concrete Driveway 110 SY (kloo qtJ/YJ DO 30. Asphalt Driveway 75 SY 'J /) ()l'J 1~7J() 60 3l. Dewatering Operation Complete 1 LS ztt?o ",C> 2L>OODO 32. SUB TOTAL BASE BID - AREA TWO (Items 20 thru 31) $ In/) 2.l0O Cl)(!) Mobilization / Demobilization, Bonds, Insurance, , and General Requirements. Contractor shall be 33. limited to a maximum of six percent (6%) of the 1 LS 6'.oOO()O Sub Total Base Bid above. SEE 5'000 00 ( { SUPPLEMENTAL CONDITIONS SCC 3 SCC-2 NPDES Compliance - Maximum of one-half of 34. one (1) percent, 0.5% of Sub Total Base Bid. 1 LS ~ 0 c>>O 4&-0011 SEE SUPPLEMENTAL CONDITIONS see 3 SCC-2 35. Audio Video Documentation 1 LS SCOt!Y> Sa:>OIJ 36. As Built Drawings 1 LS I ()OO ' I CJO? trJI!I 37. TOTAL BASE BID - AREA TWO (Items 32 thru 36) $ / (!)-:f. /5tJ 9.Q / BP-3 Addendum #2 Bid #035-2821-08/CJD March 17,2008 REVISED SCHEDULE OF BID ITEMS PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 ITEM EST UNITS UNIT NO DESCRIPTION QTY COST VALUE PROJECT AREA 3 (SE 1 AVENUE 38. Jack & Bore Pit Station 232+70 1 LS 39. Jack & Bore Pit Station 234+ 10 1 LS 40. 24" RWM (casing pipe)/12" RWM (carrier pipe) 120 LF Jack and Bore Com lete 41. o en-Cut Pavement Re air 50 LF 42. 12" PVC C900 DIP RWM (RJ) 45 LF 43. 12" Gate Valve 2 EA 44. 12" Cap 2 EA 45. 12" - 45 de ree bend 6 EA 46. Dewaterin o eration Com lete 1 LS 2000 () 0 47. SUB TOTAL BASE BID - AREA THREE Items 38 thru 46 $ Mobilization / Demobilization, Bonds, Insurance, and General Requirements. Contractor shall be limited to a maximum of six percent (6%) of the LS 5'000 IX' 5000 () 0 48. Sub Total Base Bid above. SEE SUPPLEMENT AL CONDITIONS SCC 3 SCC-2 NPDES Compliance - Maximum of one-half of 49. one (1) percent, 0.5% of Sub Total Base Bid. LS '-I sr)'~o c.{~Oot> SEE SUPPLEMENTAL CONDITIONS see 3 SCC-2 50. Audio Video Documentation 1 LS 500 t!> 0 cocotJ 51. As Built Drawin s 1 LS / Q::JO (} 0 10CJ6 c?' 52. TOT AL BASE BID - AREA THREE Items 47 thru 51 $ "t> BP-4 Addendum #2 Bid #035-2821-08/CJD March 17,2008 REVISED SCHEDULE OF BID ITEMS PHASE lA, RECLAIMED WATER SYSTEM, CONTRACT 1 ~53. Indemnifi cati on I $10 EARL Y C01\fPLETION BONUS Early Completion Bonus SEE SUPPLMENTAL ;G $1,0001 >> Pel' $30,000 CONDITIONS SCC I f}ays gay CASH ALLOWANCES Undefined Underground Site Conditions - SEE *54. SUPPLEMENT AL CONDITIONS SCC 1 I LS $75,000 SCC-3 Railway (FEe & CSX) Flagman Inspector - ~55. SUPPLEMENTAL CONDITIONS SCC 1 I LS $25,000 SCC-3 GRAND TOTAL (enter this amount on Page BP-l) $ BP-5 6 ~5 t/b 0 cPt!) (In~umbers) Bid Proposal continued.... The undersigned bidder agrees to commence work within ten (10) calendar days after the date of the "Notice to Proceed" and shall achieve Substantial Completion without interruption within 130 calendar days thereafter. Original and four (4) copies of bid submitted. Attached is a computer generated horizontal bar chart showing proposed schedule of work. Schedule of Subcontractors submitted. Site Inspection Fom1 submitted. Evidence of possession of required licenses and/or business pennits submitted. The undersigned bidder hereby represents that he has carefully examined the drawings and the Contract including all Contract documents and will execute the Contract and perfonn all ltS items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawings. The bidder, by and through the submission of his Bid, agrees that he has examined and that he shall be held responsible for having theretofore examined himself as to the character of the route. the location, surface and underground obstructions, the nature of the ground water table. conditions and all other physical characteristics of the work, in order that he may thereby provide for the satisfactory completion thereof, including the removal, relocation or replacement of am objects or obstructions which will be encountered in doing the proposed work. The bidder, by submission of this Bid acknowledges that the bidder has been advised that in the event bidder contests the award of this project to another bidder, that the bidder damages, if any. are limited to actual Bid preparation costs and bidder hereby waives any claim it may have ot]ler damages coming from the City's failure to award the project bidder. THIS P AGE TO BE SUBMITTED ALONG WITH PROPOSAL 11\ ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE .~1\ID ACCEPTABLE BP-i' Bid Proposal continued.... Date 3.-/ '1-0 c:;{ '7$ 1 i:$ (j1llO fr2W1!J(/;1/,) aM4l4ciOL~) AC.-_ (Name of bidder, Corporation, Firm or Individual) By ~p Signature O/{~/1L &Tr=~ Printed Name h(:$( "N;~T Title 50/- 682 ?51d Telephone Number Florida Contractor's License Number (Jtfv~ / ~2s?1?; THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE BP-8 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. * attach additional sheets giving the information ") Business Address: Kef K l&/o'7I2L/k.'(,/41~~ 6wr)2/-!c,c"Clll.s.. t/?/L ~9oo ~\tL'lFi ;?<S?<li-I\ (~tST )A/ hl~t-:~' M Rc:!c~ l\d / 1. Name of Bidder: :??i./ / ( '1 J. When Organized: :.': f;:" IC/l-? (5 f ,{_ "2 DO C: 4. Where Incorporated: RcJt2 ((~/7 5. How many years have you been engaged in the contracting business under the present firm name? ...-r- '{i!>>f25 6. General character of work performed by your company. 11 i:>e- (~ 1'1; ,,: / /L-s-'-I9t- L..- PI- N 6"'). tJ. ff (j tJ,f /\..-' (J L(7 APt b 7 {2 ev (: IfLc-::" S ( ~' e: I-f-Nc t .('\ 6--1 i.S S' t Tt- ~<-\.<- <f' ~ 1"t-Vi ,N i 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. b~~ 9. Background and experience of principal members of your personnel, including officers. '" 1 O. Bonding capacity. ~3 6 1l1fUIO '^ 11. Have you ever defaulted on a contract? If so, where and why?* I(/~) THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ - ! STATEMENT OF BIDDER'S QUALIFICATIONS continued...... 12. Experience in performance (Jack & Bore). Proj ect $ Value $ ~~Q50 " 62B'.1-?5 cP ~ ~ aJ 0:96 ~J8f/t/O() (OLD !tillS ~ 4'( FtJEJlj P~""I fbB'r / tetp I r / ' ('D~ r/iX IlIfil-/UJIf 13. Contracts on hand. * Contact Name Phone # (;hfll ~ C/60 ,1Itf/ (nlle/~ j~f 6US/~ Pr2t'"l.1'I lIo/' 11f&1A gti ?- 5JI-58B 2- .r;bf- '7-9s-7'fcxJ '32(-& 'S3-6~{/O 305'..-2 s-s- -:>9-/:5 14. Largest completed Jack & Bore projects (include final cost). I: 1) FaD! TC//fo7!22?AC(f-I-S-Z-tJ! ~LI~E Ifi~(p.Y &~-;95 ~ 2) rT)O/ srt~ l/) (])t)V 1vJ(~ StZ. ,52ca - <:;/2 ~ ~{))'S()t/-7)-))-cr '()OIOaJ ~ C,rt< P~l.-"" ~-r- (!)l--D /C-(~l.5 H A64 "~ClOD ~) Ft::>oT ~/l)b()?c/--/-S--S2-<!J1 t2~, Ee6,/~ , 1€Mti41 LIst all lawsuits (design and/or construction related) or arbitrations to which you have been a party and which: * .. 15. 1) arose from construction projects: * ;J ope 2) occurred within the last 4 years: * )./ 0 Nt; 3) provide case number and style: * NON E 16. Will any part of this work be subcontracted? 1fso, give details. Ifso, give details. No -- Dated at: ./5'>/'A {/1I)~<;tl(JI'lf'J"~;D this /fdaay of ~,If0/~J-i BY.~ (wrItten signature) Name: ~AJe7ft ~ffi'5. (printed or typed) Title:~42~ i 0Av~ Ov"ri"t'../Al--rz;.g;;: /,;1'- 2 0 ..c2.9 Rev. 05/30/03 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL SBQ .. 2 ANTI-KICKBACK AFFIDAVIT STATE OF FLORlDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid Vvill be paid to any employees of the City of Boynton Beach as a conunission, kickback, reward of gift. directly or indirectly by me or any member of my film or by an officer of the corporation. By: ~. / (j4l~7ft. i1.m= NAME - SIGNATURE Sworn and subscribed before me this / '7 day of /1f' ,4/t.ll -t C" , 20 0 6 Printed Information: fV~ ,~rcs NAME ~es.1 bbl-J; TITLE ",'';.';0;.'"'' RACHEL P. lOlERO /J>m: ~(:\ Notary Public . State of Florida ~ . * . ~Cc.nlllllicl ,EllpiI8SNov 3. 2008 \~~ ~l CommIsSion" DO 368287 ""~'"Yr.:,~"",'Ii Bonded By NaIonaI Notary""" 73r g ;/J-oI~tdotkb rJo~~ k , COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE AKA - 1 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of f(t'P-A1 County of t'l,'€l::.;- 0/1) {:;tf-l ) PAUHl ~J-J cl~tbS ) , being first duly sworn, deposes and says that: 1) He is 'p1'2-~S (~2V1 of 15"1 K cf~i)fi2t::;j7c\{f/,,('> ~"Ul:P~~ ~Cr (Title) (N ame of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure throu~h any collusion, cons~racy, connivance or unlawful agreement any advantage against the erN OF ~wJi"C~ ~"":l:K{1 (Local Public Agency) or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) o;U~ (Title) ~12e<Oi Ot::'>v'l" - Subscribed and sworn to before me This /i day of /11Ift2M+ , 20~ WlVAJDeaNJDUOIIDN....~ ..~~':&"!.... M ? rei r Lll:89t ao # UOfSIIwwo:) lRm~ M~y comm~ission eXP~ire~s~. ( ).,..:;) ad DJt'ttql~I"""I.IIlY.)Jfli..! , DPIJOI:J '0 .~IS . :JIIQI'lcf NofON \/ o~l "'."'0 A\i"f~,' ~:no, Cl '~H~ .........,. THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPT ABLE NCA - 1 CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response, Is your company a Minority Owned Business? A:: No Yes If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO ',< If YES, Name the Organization from which this certification was obtained and date: H14- Issuing Organization for Certification ;i;l1- Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL MOB -] CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boyn~on Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: I) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the 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. ~p---- Vendor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE DFW - 1 TRENCH SAFETY ACT AFFIDA VIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's o\vn standards. The Proposer, by virtue of his signature below, affirms that he is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and his subcontractors. The proposer is also obligated to identify his anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. {)Jt~L Sme ~ Name of Proposer Uht~ Authorized Signature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS lJNDER THE FOLLOWING HEADINGS: Description Unit I f4;:n,e It- Sri 1$-0 ('J= 5/~?I'';J5 ?r:- Quantity /~ /C-IS- Unit Price p f"--=:' , 'O~ /- Extended Price /192 ,:;s;' tyr. /L/S- ..--- Method THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE TSA - 1 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3, The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~~. AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE SPC - 1 C/J ,-- '-' Z ,..... .-, z '"'" ~ - ~ ;! - - :::::::: """ -' ::l.... >-- 2 <( '-' - :::: ~ - ;~1 a >- ,; ~ ... :::: - i~ Z """ -' <( ~ J ~ :::::::: ~ C/J - IV - :.. ~ ... ~ ...... ---- C/J '-.../ ~ ,..... ;-' z. ::..; , -' <( ~ r- Z ~ ~' C/J ZJ ~ Z - C/J ;::. "" - ::c: ~ ---- C/J >- ,/"' Z <( :::: -, ~ z. o - :;; :3 z. 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' _N'- "\ -- -;.;l~ <:;;:-- .-,-~ ~ VJ '~ . z -- :5 ~ .:." ;;~ .... .... ~- ~~ "~"'. . =~ .. - .- :--< ,.. ..,- ;-:w -'< ~:.. - "" z- ::::5 =~ , '"' ~ Anne ~l Gannon, Tax Collector P.O. Box 3715 West Palm Beach, FL 33402.3715 www.pbcgov.com/tar. Tel:(561) 355-2272 B & B UNDERGROUND CONTRACTORS BARILE JOHN A (QUALIFIER) BATES JASON 6900 DWIGHT ROAD WEST PALM BEACH FL 33411-2502 Account Number: 2004-00711 REeD SEP 04 2007 Dear Business Owner: This is your new local business tax receipt. Please keep the upper portion for your records and detach the bottom of this form. Verify the information and display it conspicuously at your place of business, open to the view of the public. This receipt is in addition to and not in lieu of any license required by law or municipal ordinance and is subject to regulations of zoning, health, and any other lawful authority (County Ordinance Number 72-7). Receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is surrendered and a transfer fee is paid. Receipts may be transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt. This receipt expires on September 30, 2008. Renewal notices are mailed at the end of June. If you do not receive the notice by the end of July l please let us know. hope you have a successful year. ~ Ylt. ~ Tax Collector .... DETACH AND DISPLAY BOTTOM PORTION, AND KEEP UPPER PORTION FOR YOUR RECORDS .... 2004-00711 STATE OF FLORIDA PALM BEACH COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES: SEPTEMBER - 30 - 2008 OC-032 CLASSIFICATION B & B UNDERGROUND CONTRACTORS INC BARILE JOHN A (QUALIFIER) BATES JASON ** LOCATED AT 1926 SKEES ROAD WEST PALM BEACH FL 33411 CNTY $27.50 TOTAL $27.50 1Is receipt is hereby valid for the above address for the period beginning II I the first day of October and ending on the thirtieth day of September : to eng~~eDi~ ~:eR~u~~~ss~~~;~s~~nS or goCCupation of: : :---~ A I D~---;;~~~~-~ LECTOR EXCAVATION CO $27.50 OCC 049 1579796 08-27-2007 CUC037218 --- -- ------------------- ------ --_________________________~______.J THIS IS NOT A BILL - DO NOT PA Y ANNE M. GANNON THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-:::783 /850) 48"'-:"39'= B & B UNDERGROUND CONTRACTORS INC 6900 DWIGHT RD WEST PALM BEACH ?L 33411 ~1:"~1; DEs;~;;~;~;ID~F BUS:~:SS AND ~"/ PROFESSIONAL REGULATION QB0020561 OS/23/01 0681898:3 QUALIFIED BUSINESS ORGANIZATION B & B UNDERGROUND CONTRACTORS INC (NOT A LICENSE TO PERFORM W07w, ALLOWS COMPANY TO DO BUSINE; ? IT F~S A LICENSED QUAL!FIER. ::: S QUALIFIED u:oder ~ne P"OVOSlO"" of eh, '" 8 0: FS Expl~a'.:.:;.o~ dat.e: AUG 31, 2009 ;"C'~::523C'C6 -~~ JET~:=-:~ ,:i::R.:: -1; .;..: STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#::.nos23ccSO:: ,. DATE I~LICENSE NBR OS/23/2007 1068189819 IQB002056=- The BUSINESS ORGANIZATION Named below IS QUALIFIED Under the provisions of Chapter 489 FS. Expiration date: ADG 31, 2009 (THIS IS NOT A LICENSE TO PERFORM WORK. THIS ALLOWS COMPANY TO DO BUSINESS ONLY IF IT HAS A QUALIFIER.) 3 & B UNDERGROUND CONTRACTORS INC 5900 DWIGHT RD WEST PALM BEACH FL 33~11 =~]..._R~=E CRIST HOLLY BENSON C!l;'("'PR'T'ZlPV ^ cPt.L:B. C[;J:B. S ~3~~I~S~~ 3NOW1S a. 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Tl~rE ~~ H~V3a W'1Vd ~S3M CIVO~ J.HDIMQ 0069 JNI S~O.LJVli.LNOJ aNnOCIf)~2QNn s: ~ a o NIJ.snv 'S3J.va S6EI-L8v (058~ E8LO-66E2:E 'I~ :3::3:SSVHV'I'1V.L ,,~~'o,;;(io;"'_ J.3:3:~J.S 30~NOW HJ.~ON Ov61 I~ Q~Voa DNISN3JI~ X~J.snCINI NOIJ.Jn~J.SNOJ f' NOIJ.vrI.(lD:3:~ '1VNOISS:3:~O~d aNV SS:3:NISna ~O .LN3W~~Vd3Q \ \~ VOI~Ol:J ::.fa 31V1S """"~"-" I I i OOcO I I I Year / Make Model/ TVDe Vin / Serial # I.D. Foremans Trucks i I 1988 Ford F-350 Dually 4X4 460 2dr 1 FDKF38GOJNB80087 PT-13 1996 Chevrolet 15004X4 50 extcab 2GCEK19M3T1233777 I pT-14 1997 Ford F-250 4X4 i 3 extcab IFTHX26F3VEV16700 PJE 1999 Dodge 2500 4X4 5 9 extcab IB7KF2365XJ581325 I Pi -';6 1999 Dodge 2500 4X4 5 9 extcab IB7KF236XXJ589002 PT ~ 1999 Ford F-250 4X4 7 3 4dr 1 FTNW21 FOXEC9433 ( I ROCKY i 2000 Dodge 1500 5.3 extcab 3B7HC13Y4YG156311 I pT-'S 2001 Ford F-250 4X4 V-1 0 extcab IFTNX21S21EA63246 i PL1:, , Iv 2002 Ford F-250 4X4 73 extcab IFTNX21 F222EC9032 ( I P'-2C 2002 Ford F-250 4X4 7.3 4dr IFTNW21 F62EB9251 ( PT-2-: , 2002 Ford F-250 4X4 73 4dr 1FTNW21FX2EA48629 Gray Trk 2003 Ford F-250 4X4 73 extcab IFTNX21 F43EB22531 PT -22 2003 Ford F-250 4X4 60 4dr IFTNW21 P53ED3803C I Slao! 2003 Chevrolet 1500 4X4 53 extcab IGCEK19T23E231511 ! PT-23 2003 Chevrolet 1500 4X4 5.3 extcab IGCEK19T53E357149 I OT-24 I 2004 GMC 25004X4 6.0 2dr IGTHD24U04E241829 ! ----j :JT-25 I I 2004 GMC 25004X4 6.0 2dr IGTHK24U84E148122 PT-26 i 2004 GMC 1500 4 X 4 gas 2dr IGTEK14XX4Z344062 I 0' .""7 I r 1-0::;: 1995 Ford F-150 5 0 2dr 1FTEF15N1SLC03902 , PT-28 I 2005 Dodge 1500 V-6 gas 2dr 1 D7HA 16K35J512258 PT -29 2006 GMC 1500 4X4 V-6 gas 2dr 1GTEK14X16Z112226 PT-3C 2007 GMC 1500 4X4 53 extcab 1 GTEK19Z57Z158136 , PT-31 2007 Toyota Tacoma 4X4 40 extcab 5TEUU42N27Z394343 I pT ?? i I ; --,-)L 2007 Toyota Tacoma 4X4 40 4 dr 3TMLU42N87M011983 I F)T-3~'i I 2004 Dodge Durango suv 1D4HD38K74F222622 Bryan i 2005 GMC Denali 4X4 60 suv 1 GKEK63UX5J 125045 Steve i 2005 Nissan Armada 4X4 56 suv 5N1AA08865N71733! Trl0Pl 2007 GMC Sierra 2500HD 4X4 4 dr 1 GTHK23647F536613 B ,g-C) , Dump Trucks & Tractors ---J 1993 Mack RD690S Dump Tr 18yd 2M2P264C9PC012842 DT-20 I 1998 Mack RD6885 Dump Tr 18yd 1 M2P267C9WM035368 DT-3D 1998 Mack RD6885 Dump Tr 18yd IM2P267C3WM033986 DT-4C ! 2000 Mack RD6885 Dump Tr 18yd 1M2 P267COYM055270 DT-50 2003 Mack RD6885 Dump Tr 18yd IM2P267C43M066958 PJE I 2003 Mack RD6885 Dump Tr 18yd IM2P267C63M066976 DT-70 I 2000 FrelghtLmer FL 70 Dump Tr 16yd 1FV6HJAA1YHF03914 DT -80 2005 Mack CV713 Dump Tr 18yd I M2AG 11 C85M027389 DT -90 i 2005 Mack CV713 Dump Tr 18yd 1 M2AG 11 C45M027390 DT_'OC I 2000 Mack CV613 Tandum Axle 1 M1AA 12Y9WW081 919 D' "1- I I'v : -----< 1989 Ford lTl9000 Trl Axle IFDY A90X2l Y A0801 0 0 "r-r-. L''-' 1985 Ford lTl9000 Trl Axle I FDY A92W7FV A67059 DL'C 2002 Mack Cl-700 Trl Axle IM2AD62C71M011716 1__8_' , i Misc Trucks i i 1980 Ford L Tl8000 Tandum (Water Truck) 8WOUVG09349 \fV: -" Military Truck 201-1148 (Water Truck) 112846 \IJT-3 ! Cat 0-250 Water Truck 1 H K00460 '1fT -4 11991 International 4900 Fuel Truck IH7SD27N5MH321643 I ST-80 i 1987 International S1700 Fuel Truck IHSlCCEN3HH525309 ST-9O ! 199/ International DT466 Fuel Truck IHTSEAAN1VH393464 S'-'OO 1995 Ford F-350 Dually 4X4 diesel 2dr IFDKF38FXSNA50049 [\11_' ! 2005 Ford F-350 Dually 4X4 diesel 2dr IFDWF37P35EB4932 i 1,11-2 1999 Ford F-350 Dually diesel 2dr 1 FDWF36F3XEE57013 Iv1T3 2001 Ford F-450 Dually 4X4 7 3 4dr 1 FDXW4 7F91 EA36381 I F450 Trailers 1988 SAMS 1000 gallon fuel trailer 11 YUC 1924JTOOO076 T-1 2003 ASPT Ditch Witch Trailer FOURXSIX T-2 2005 LMT Gooseneck Trl hooked to F-450 5L8GF242751001353 T-3 20031RDO 2 axle black bobcat trailor 5FEHS20223C009969 T-4 2003 ASPT Water pressure test Trailer FLT9001SS T-5 2004 CAWE Carolina 2 axle dually pintle Red 1C9DP302041803109 T-6 1975 Hobb 40' Flat Bed Trailor FHS616034 T-7 1989 Witzco Low-Boy Trailor IW9A11 E39K9061089 parked 1996 Fontaine Low-Boy Trailor 4LF456346V3504674 T-9 1997 Borco 18yd Dump Bed Trailor IB9DS3124VP313006 destroved 1997 Dump Rite 18yd Dump Bed Trailor ID9D52224VF266063 T-10 2005 H RTV White single axle inclosed trl 5E2B1121651022813 T-11 Loaders Komatsu W A 180 Diesel 4cyl A75058 LDR-1 John Deere 544G DW544GB551407 LDR-2 Cat IT28F Diesel 4cyl 3CL01824 LDR-3 Cat 950F 5SK03013 LDR-4 Cat 950G 3JW00740 LDR-5 Cat 950G 3JW02024 LDR-6 Cat 928G 6XR02501 LDR-7 Cat 938G 4YS02102 LDR-8 Cat 928G 6XR02010 LDR-9 Case 621 D JEE0134367 LDR-10 John Deere 544H DW544HX585789 LDR-11 John Deere 544J DW544JZ595347 LDR-12 John Deere 544J DW544JZ595664 LDR-13 John Deere 544H DW544HX587059 LDR-14 Cat 950G AXX00768 LDR-15 Bobcat T300 521911111 B-1 Bobcat Attachment Vibratory Roller 63100573 VA-1 Cat 287B ZSA00431 B-2 Cat Roller Attachment VA-2 Cat BA 18 Broom Attachment AZN01942 BA-1 Komatsu CK30-1 A30025 25424 B-3 Excavators 1986 Cat 235B 7WC00370 PJE Daewoo Solar 330 FXCA0408 PJE Linkbelt LS3400 340U25385 TBH-3 John Deere 892ELC FF892EX011055 TBH-4 Cat 315BL 3AW01640 TBH-5 Cat 325L 8NK00153 TBH-6 Cat 345B 4SS01029 TBH-7 Komatsu PC300 A85179 TBH-8 John Deere 225C FF225CX500096 TBH-9 Cat 325CL BFE00468 TBH-10 Cat 303.5 DCH00384 TBH-11 John Deere 50D FF050DX244240 TBH-12 Komatsu PC308 20107 TBH-13 John Deere 330CLC FF330CX082260 TBH-14 Case CX75 DAC071435 TBH-15 Case CX75 DAC071503 TBH-16 Badger 1 085D Gradall 000102 GDL-1 Dozers I r~omatsu 0-31 P P-20-A-46507 DZ-i John Deere 450G T0450GH790737 DZ-2 Cat D5M 6AS00399 DZ-3 Cat 05M 30R00454 OZ-4 John Deere 650H T0650HX910882 DZ-5 John Deere 450J T0450JX 104435 DZ-6 I Graders , Cat 12H 4XM01025 RG-1 Cat 120G 87V09337 RG-2 Cat 135H 3YK00367 RG-3 Rollers , Gallion (PARKED) Rubber Tire 9-P-12G-3280 parked Case 2522 whl Steel 840867576 parked I ngersol Rand S040 5829SFO RRS-1 Ingersol Rand S0700 149587 RRS-2 I ngersol Rand SD1000 30243SED RRS-3 I lngersol Rand 0100 151464 RRS-4 i Cat CB224C 3AL01197 RRS-5 Cat CS433C 03TM00573 RS Cat CB224D 8RZ00231 RRS-6 Stone SD54 3200396 RRS-7 DynaPac Steel Wheel 175161 , RSS_1 DynaPac Steel Wheel 175348 i RSS-2 Combinations 1991 Cat 426 4X4 7BC05389 RTBH-1 John Deere 410E4X4 T0410EX833303 RTBH-2 i John Deere 310SG 4X4 T0310SG913157 RTBH-3 Cat 416D4X4 BFP00510 R T B H-4 Tractors New Holland 3930 007670B BT-1 New Holland 3930 082556B BT-2 I New Holland 3450 A445063 BT-3 I New Holland TN70 4X4 1305270 BT-4 New Holland TN70 4X4 1311527 BT-5 i Kubota L5030 38973 BT-6 End Dumps I i Cat 0-250 6NGOO172 ORT-1 Cat D-250E 4PS00243 ORT-2 Cat D-250 Series II 4P500338 ORT-3 I Mix, Crush, & Shake ~ Bomag Recycler MPH364-R 901A23001525 MR-1 i Eagle Crusher Ultra Max 500 330517 11310 PJE Conveyor Attachment For Eagle Crusher PJE MBI MCP900 40661 CR_A Read Screen-All RO 90A 251 386 SA-1 i I cOcc Year / Make Model/ Tvoe Vin / Serial # 1.0. Foremans Trucks 1988 Ford F-350 Dually 4X4 460 2dr 1 FDKF38GOJNB80087 PT -13 1996 Chevrolet 15004X4 50 extcab 2GCEK19M3T1233777 PT -14 1997 Ford F-250 4X4 7.3 extcab I FTHX26F3VEV16700 PJE 1999 Dodge 2500 4X4 5.9 extcab IB7KF2365XJ581325 PT -16 1999 Dodge 2500 4X4 5.9 extcab IB7KF236XXJ589002 PT -1 7 1999 Ford F-250 4X4 7.3 4dr 1 FTNW21 FOXEC94337 ROCKY 2000 Dodge 1500 5.3 extcab 3B7HC13Y4YG156311 PT -18 2001 Ford F-250 4X4 V-1 0 extcab I FTNX21 S21 EA63246 PT -19 2002 Ford F-250 4X4 7.3 extcab I FTNX21 F222EC90327 PT-20 2002 Ford F-250 4X4 7.3 4dr I FTNW21 F62EB92517 PT-21 2002 Ford F-250 4X4 7.3 4dr 1 FTNW21 FX2EA48629 Gray Trk 2003 Ford F-250 4X4 7.3 extcab IFTNX21 F43EB22531 PT -22 2003 Ford F-250 4X4 6.0 4dr IFTNW21 P53ED38030 Grady 2003 Chevrolet 1500 4X4 5.3 extcab IGCEK19T23E231511 PT -23 2003 Chevrolet 1500 4X4 5.3 extcab IGCEK 19T53E357149 PT -24 2004 GMC 25004X4 6.0 2dr IGTHD24U04E241829 PT-25 2004 GMC 25004X4 6.0 2dr IGTHK24U84E 148122 PT -26 2004 GMC 1500 4 X 4 gas 2dr IGTEK14XX4Z344062 PT -27 1995 Ford F-150 50 2dr 1FTEF15N1SLC03902 PT-28 2005 Dodge 1500 V-6 gas 2dr 1 D7HA 16K35J512258 PT -29 2006 GMC 1500 4X4 V-6 gas 2dr 1 GTEK14X 16Z112226 PT -30 2007 GMC 1500 4X4 5.3 extcab 1 GTEK19Z57Z158136 PT-31 2007 Toyota Tacoma 4X4 40 extcab 5TEUU42N27Z394343 PT -32 2007 Toyota Tacoma 4X4 4.0 4 dr 3TMLU42N87M011983 PT -33 2004 Dodge Durango suv 1D4HD38K74F222622 Bryan 2005 GMC Denali 4X4 6.0 suv 1 GKEK63UX5J 125045 Steve 2005 Nissan Armada 4X4 5.6 suv 5N1AA08865N717337 Thom 2007 GMC Sierra 2500HD 4X4 4 dr 1 GTHK23647F536613 Big-O Dump Trucks & Tractors 1993 Mack RD690S Dump Tr 18yd 2M2P264C9PC012842 DT -20 1998 Mack RD6885 Dump Tr 18yd 1 M2P267C9WM035368 DT -30 1998 Mack RD6885 Dump Tr 18yd IM2P267C3WM033986 DT -40 2000 Mack RD6885 Dump Tr 18yd I M2P267COYM055270 DT -50 2003 Mack RD6885 Dump Tr 18yd IM2P267C43M066958 PJE 2003 Mack RD6885 Dump Tr 18yd IM2P267C63M066976 DT-70 2000 FreightLiner FL 70 Dump Tr 16yd 1FV6HJAA1YHF03914 DT-80 2005 Mack CV713 Dump Tr 18yd IM2AG11 C85M027389 DT -90 2005 Mack CV713 Dump Tr 18yd 1 M2AG 11 C45M027390 DT-100 2000 Mack CV61 3 Tandum Axle 1 M1AA12Y9WW081919 DT-110 1989 Ford LTL9000 Tri Axle IFDYA90X2L YA0801 0 DT-120 1985 Ford LTL9000 Tri Axle IFDYA92W7FVA67059 OT-10 2002 Mack CL-700 Tri Axle IM2AD62C71 M011716 LB-1 Misc Trucks 1980 Ford L TL8000 Tandum (Water Truck) 8WOUVG09349 WT-2 Military Truck 201-1148 (Water Truck) 112846 WT-3 Cat 0-250 Water Truck 1 HK00460 WT-4 1991 International 4900 Fuel Truck IH7SD27N5MH321643 ST -80 1987 International S1700 Fuel Truck IHSLCCEN3HH525309 8T -90 1997 International OT466 Fuel Truck I HTSEAAN 1 VH393464 8T -100 1995 Ford F-350 Dually 4X4 diesel 2dr IFOKF38FXSNA50049 MT-1 2005 Ford F-350 Dually 4X4 diesel 2dr IFDWF37P35EB49327 MT-2 1999 Ford F-350 Dually diesel 2dr 1FDWF36F3XEE57013 MT-3 2001 Ford F-450 Dually 4X4 7.3 4dr 1 FDXW47F91 EA36381 F-450 I I railers !1988 SAMS 1000 gallon fuel trailer 11 YUC1 924JTOOO076 ~ ^ 2003 ASPT Ditch Witch Trailer FOURXSIX T-2 2005 LMT Gooseneck Trl hooked to F-450 5L8GF242751001353 T-3 20031RDO 2 axle black bobcat trailor 5FEHS20223C009969 T-4 2003 ASPT Water pressure test Trailer FLT9001 SS T-5 2004 CAWE Carolina 2 axle dually pintle Red 1 C9DP3020418031 09 T-6 1975 Hobb 40' Flat Bed Trailor FHS616034 T-7 1989 Wltzco Low-Boy Trailor IW9A 11 E39K9061 089 parkea 1996 Fontaine Low-Boy Trailor 4LF456346V3504674 1-9 1997 Borco 18yd Dump Bed Trailor IB9DS3124VP313006 destroyed 1997 Dump Rite 18yd Dump Bed Trailor ID9D52224VF266063 T-l0 I 2005 H RTV White single axle inclosed trl 5E2B1121651022813 T--^ 1 , Loaders Komatsu WA180 Diesel4cyl A75058 LDR-1 I John Deere 544G DW544GB551407 LDR-2 I I Cat IT28F Diesel 4cyl 3CL01824 LDR-3 , I Cat 950F 5SK03013 LOR -4 Cat 950G 3JW00740 LDR-5 I Cat 950G 3JW02024 I LDR-6 Cat 928G 6XR02501 LDR-7 Cat 938G 4YS02102 LDR-8 Cat 928G 6XR02010 LDR-9 Case 6210 JEE0134367 LDR-lO John Deere 544H DW544HX585789 LOR-II John Deere 544J DW544JZ595347 LDR-12 John Deere 544J DW544JZ595664 LDR-13 John Deere 544H DW544HX587059 LDR-14 ! Cat 950G AXX00768 LDR-15 ! Bobcat T300 521911111 B-1 Bobcat Attachment Vibratory Roller 63100573 \//0,-1 ; Cat 287B ZSA00431 B-2 I Cat Roller Attachment VA-2 I Cat BA 18 Broom Attachment AZN01942 BA-1 i Komatsu CK30-1 A30025 25424 B-3 I '- Excavators 1986 Cat 235B 7WC00370 PJE Daewoo Solar 330 FXCA0408 PJE linkbelt LS3400 340U25385 TBH-3 John Deere 892ELC FF892EX011055 TBH-4 I Cat 315BL 3AW01640 TBH-5 I Cat 325L 8NK00153 TBH-6 i Cat 345B 4SS01029 TBH-f Komatsu PC300 A85179 TBH-8 : John Deere 225C FF225CX500096 TBH-9 Cat 325CL BFE00468 TBH-l0 I Cat 3035 DCH00384 TBH-:' I John Deere 500 FF050DX244240 TBH-12 Komatsu PC308 20107 TBH-13 John Deere 330CLC FF330CX082260 TBH-14 Case CX75 DAC071435 TBH-15 Case CX75 DAC071503 TBH-16 : Badger 1 085D Gradall 000102 GDL-1--.J ~Komatsu Dozers 0-31 P P-20-A-46507 OZ-1 John Deere 450G T0450GH790737 OZ-2 Cat 05M 6AS00399 OZ-3 Cat 05M 30R00454 OZ-4 John Deere 650H T0650HX910882 OZ-5 John Deere 450J T0450JX 104435 OZ-6 Graders Cat 12H 4XM01025 RG-1 Cat 120G 87V09337 RG-2 Cat 135H 3YK00367 RG-3 Rollers Gallion (PARKED) Rubber Tire 9-P-12G-3280 parked Case 252 2 whl Steel 840867576 parked Ingersol Rand S040 5829SFO RRS-1 Ingersol Rand S070D 149587 RRS-2 Ingersol Rand S01000 30243SED RRS-3 I ngersol Rand 0100 151464 RRS-4 Cat CB224C 3AL01197 RRS-5 Cat CS433C 03TM00573 RS Cat CB2240 8RZ00231 RRS-6 Stone S054 3200396 RRS-7 DynaPac Steel Wheel 175161 RSS-1 Dynapac Steel Wheel 175348 RSS-2 Combinations 1991 Cat 426 4X4 7BC05389 RTBH-1 John Deere 410E 4X4 T0410EX833303 RTBH-2 John Deere 310SG 4X4 T0310SG913157 RTBH-3 Cat 41604X4 BFP00510 RTBH-4 Tractors New Holland 3930 007670B BT-1 New Holland 3930 082556B BT-2 New Holland 345D A445063 BT-3 New Holland TN704X4 1305270 BT-4 New Holland TN70 4X4 1311527 BT-5 Kubota L5030 38973 BT-6 End Dumos Cat D-250 6NG00172 ORT-1 Cat 0-250E 4PS00243 ORT -2 Cat 0-250 Series II 4P500338 ORT -3 Mix Crush & Shake Bomag Recycler MPH364-R 901A23001525 MR-1 Eagle Crusher Ultra Max 500 330517 11310 PJE Conveyor Attachment For Eagle Crusher PJE MBI MCP900 40661 CR-1 Read Screen-All RD 90A 251 386 SA-1 @ ~ 3 OJ < (1l ro C/l '< en CD '3 en ::l () ;;oo-nC/l Q) S. or :::J m w" ;::::J.. o o:::r 0 OJ OJ 0 OJ ro CD OJ m- CD CD 5: ):> ;;0",,,,,,, OCP(J1CP CP5:<-5: ):>c):> 0:';;oz;;o 0000 ~cpCOCP Iil>l o -u m ;::;.: 3 ro o' <CI ..z : ~ (JJ .- fJ) ~ $? 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A ,................-. ...... ,"'...........,.".. _I _. .,...............................-.. .... ,.".. ....... ... ... ...' ,- - - - - -- ,- - - ..-- - - -. - - . - - - - - ..... ..... - 00 C-l lIlI -lm 0::0 ~"tI m::o ::00 '- m o -l Cf) Z :l> ~ m o m .. !l ~ o' ~ r- o o :l> -l o Z -i -< "C m G) o BID BOND STATE OF FLORIDA ) COUNTY OF PALM BEACH ) ,../l 7 KNOW ALL MEN BY THESE PRESENTS, that )> -z )) as Principal, and iJ.ts I/..c it,' ""~, S J /~<"?'><=- ,"-<"'-' 1/ />,_ Lr.'i (/ l. . z-~l:..../c/ ,/ ./ , as Surety, authorized to do ,/ I ," c' /-1 ~ .< : ~.""'\ : '~' ,!,l /, L..-I../ ((", / j / .-"I;C C'-<~/'C_y business in the State of Florida are held and firmly bound unto the Owner, City of Boynton Beach /-:'7 , . A, '77 J ! ,/ I ('/ '!I( / ~"/L- (,-../( ..7r IJ n"-~'J... r p ,<- in the penal sum of ~- I." " ji t...:.. Dollars ($fi:: t,j h.)) lawful money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has /n " submitted the accompanying bid, dated 1'1 U' c L-- /7 , 20~, for: PHASE lA. RECLAIMED WATER SYSTEM, CONTRACT 1 NOW THEREFORE, A. If the principal shall not withdraw said Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds with goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. BIB - 1 Rev. 10/21/05 B, In the event of the withdrav.ial of said Bid within the period specified, or the failure enter into such Contract and give such bonds within the time specified, if t]1e princip~: shall pay the O\\TIer the difference betvieen the amount specified in said Bid and the amount for which the O\\TIer may procure the required work and supplies, if the laner amount be in excess of the fonner then the above obligations shall be void and or no effect, otherv..'ise to remain in full force and effect. C This bond is given to comply \vith Section 255,05 Florida Statutes, and any actlon instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this ~ day of ,? [c'J' , being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of is governing body, \VITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only \\~l] attest and affix seal). PRINCIPAL: -, l> ;Z ]'\ ame of Firm -- I L-:'v- V/ITNESS: I -..,(,:,!:;;-~-~ "./!;-f-"'-_i~ _-r) _J -'~ i' <,ft? '-' -; ~- CjJ/"I/ ~ Signature of Authorized Officer (affixed seal) 7 ~ l: (5'/c~ -'I Title -, /) I i/ '1- '/ ,7(( t/I~' i J,c. t,-", Business ..""-ddress ,,-, /' I . l /-1 !)(C.{. t.. / (( > e/, i j _ '-,,/ J-~ / ~ ~ ,! ';i/ ,-1.""'- City comd State BIB - ::: Rn 1021/05 SURETY: jjt<, I! (/~/ Corporate Surety WITNESS: -) . 1\ i.' ~, ....,-\ n It, \-, Rev. 10/21/05 f~. L,,:'\) "". /" ,"':'-'- ~/ /.... ) / . ,'., 'y. Lv /e--'- J /'7 ~'- . " / j/'- 1: /. /. .---- J ~. /- /~// 'L-, Attomey-in'fact Co' fix seal) . j} /-f.-,.. jr <}e;..-:" /.'1 if..,' /'..1"._. '" / r "rp "", (." , ::7 I e,,/ ! -/,..... fr....... ,v "'- Business Address MiV c !"k'.J, 55)1 V City State --TnT 0 ,'- -', I .1-.-. ( , Name of Local Insurance Agency BIB - 3 General P,)wer of Atta rney =-C),S':C;::i ',C 099220:2 04 CERTI F[ ED COpy Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. I'Vestfield Center (JhlC ,'<now All Men Dy Tl1ese Presenrs, Tna1 ',''1ESTi' E'-.D i',S FARMERS INSURANCE COMPANY, corporarlons nerew,atTer :Jrganlzed and existing under the laws 01 me State or Onlo. an pro=sems make, constitute and appol nt THEODORE J. JEDUCI<, ROBERT H. BONO. JOINTLY OR SEVERA,-~', R.tAr'l':E =..:J~~,P,;"~',Y, \t'y'~STF E',-C NATiDhfi,l_ e:'errec ,...... ,c:v~,jua: as d -'=:ompan'y' ar:c i:a\n:;(J Its .','::1::\2' ::e Ir',v\'estfleic; Ce:-I~e! ~SU~ANCE ~:o!:eG1.lve: ,'j.ec1ra COMPA~~'" a,nc :::>-LO as wCo~parl'~s - ) Onl,:'::.1~ ~nese of DAVIE and State 01 FL its tr'..Je ana :awfUi Afterne/ls} ,n-i=act W1U....I ruii power ana aullior:ty nereby conferrec ;:s name, place and stead, to execute, acknowledge ana oell ver any and all tx>nd-s, ~izances, un<1ert.alcings, or other instrunenls or contracts or suretyship- 0 . _ _ _ _ . _ _ 0 . . . . . . _ . _ LIMITATION: THIS POWER OF ATTORNEY CANNOT 3E USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONO:S and to bind any of the Companies tnereDy as lully ana [0 Ine salT,e ex:ent as s.Jet Donds were signed Dy lele p'-e310eCJ1, sealea Wltl, 1rit: cou:nlle seal of ttle applicable Company and duly attested Dy ILS Secretary, r,ereD, rail'yng arrO cocrfirrT1lng ailtnat U-.e sale AIWrney(s)-ln-Fac Tray do in (he premIses. Said appointment IS mac-:: under and by aUL'lOnty o' rne (G!IO......',;!'] resO~uLor, acoptea b'y' the Boarc 01 DIrectors ::::;,f eacr:;f :he WESTFIELD INSURANCE COMPANY, WESTFiELD NATION,'1L INS RAr,CE CDMPANY and OHIO FARMERS INSURANCE COMPANY -Be J( ReSOlved, that the Presloent, any Senior Executlye, any 5-ecrelary cr any "loel11y & Surety Operations b:.ecutlve or otner Executive shall be and IS hereby vested with full power and authOrity 10 appoint anyone or more SUltaDle persons as AtwrneYI.sHn-Fact 10 represent and act tor and on behalf of the Company subject to the foJloWITlg prOVIsions: Tno Aaorney-ln-FaCL may be given full power and aurnoflty ror and In the name at and on behalf of the Company. (0 execute, aCknOWIe0ge and aellyer, any and all bonds, re=gruz:ances, contracts agreements 01 Indemnity and othe.- conditional or obligatory undertakings and any nnd all notices and documents canceling or lerminaling me Company's IlablilTy thereunder, and any such Instruments so execLJted by any SUetl Atwrney-in-Fact shall be as binding upon tile Company as II Slgne{j by the President and seale{j and attested by the Corporate Secretary- 'Be it Furtller R=oiYed, that tI'1e signature of any such designated person and me seal of t.'le Company 'leretofore or hereafter affixea to an,' power oT aTtorney or any certJTicare relating tiler-eto by facsimile, and any power 01 anorney or certificate beanng facsimile signatures or facsimile seal snail be ....Iid and binding upon tile Company Wlt~j respect to any DOne or undercaklng to wnlCT1 It IS att:'lched - Eac~, adopted at a meetirg neld on February 8, 2000)_ In Waness W!lereof. WESTFIELD INSURANCE COMPANY, WESTFIELD NATiONA,- INSUFlANCE COMPANY and OHIO i'ARMERS INSUR.'I.NCE COMPANY have caused these presents to be signee Dy their Senior Ex~tive and their corporate seals te be hereto affi;>;e1: this 20th :Jay of MAY A.D_, 2003 Corporate ".....;;;~ Seats /~~.,_.__~...." Affixed > ...,,' __ .\ (>'" , -... \<:1" fStSEAL~~1 \ ~i, fA/' \. ~'" ..... .,~ <.,,- '------/ .,,/ State of OhiO ~ Coumy 01 Medina ss.. ,.1"'"'''''''' ,_"'~\nNJ"'\L. I~>', /~~ ~:.-.. -.,.. -'. --'~~i\ 'i7:- SEAL Or: -. J ,._ ~~: . -fT; ~ ': ..0 --. : ~', -7' -----, ".." /~~~- =q,:"~"'b~ ~~~ }~~ ~_~'" 1848 ....~! ......-,........" ....,~....,.It ,._:- " ", ;...,'4..>....,......' " WESTf'IELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPA.N'T OHIO FARMERS INSUPANCt:' COMPANY ". // /'~-'1 _.~ /_..../. , . i .-----x,H ~j . .' ~. ~ j~-; A j/ /, I / -L.' /<c~d:A/l~/ . ~ '~~ VL~/ 'L.CX______>--f " ~_.-:'__~_ ". B Richard L. Kinnaird. Jr. SE,"') txecullve On thIS 20ttl day Of MAY A.D_,200;) , De10re me personaj,y ca'T"" RIchard L. Kinnaird, Jr. L ene known, wr,o, be'''g D'f me dui/ sworn, did depose and say, that he reSides In Medina, Ohio: Ih<ll Ile 'S Senior Executive 0' WESTFIE'-.D INSUPJ1NCE COMPANY, WESTFIEc.D NATIONAL INSURANCE COMPANY and OHIO FARMERS INSLJRAI.,CE CCH.~PANY tne companies desGloea ancJ Whlcr1 executed the above Instrument tnat he Knows the seals ot said Companies. that the seals aHlxea '0 said Instrument are suel, corp,xate sealS t'lat !Cley were 50 attlxed oy order of me Boards or Olrecrors 01 said Companies and t,l1a[ Ioe Slgne{j,'S -,afT,e u,e;-ew IJv like ord= / /'" /~(~~ ;;"I;i~LKahe[in. A~y ~t Law, Notary Public 'ob 'C'omm'sslon Cl<Y>..s Nor Expire (See 1~7 03 O,~ICl Re'/sec CJdE:; NOlan ai S"41 Atflxed ,,"~ ~-,.~ ,:,,~A.l_. S ....... t...--~\II(/~.--::v -;. ~ _,::::::3' -_ ~ - r-) 'Eo' \\j'\ "'.10 \.).. -~-I''''.- ..-..~,:~ ~~.~...~..,'.,- State ot OhiO CCU:lty 01 Me<:1Ina 55.: , Frank A. Carrino, Secretary ot WESTFiELD ,<SURJ1NCr=: C':)fv1CCA', NSURANCE COMPANY, dO hereby certity tnat t[-;,e 200ve ar'd t:Jre;:u. S COrnP<lnl=, which is still in lull force apc el1eC1 anc rUr1rler"ICYC:' re'-_,i:l I~ lull force and effect /.'1 liV/fness Whereof, ! nave nereunt8 se: my i',a;~c and at"'tx~c the '",p..-..ais i A.D.,?c' S Iii "c- (I, ~'H_ /';~II~"'.... t: <Q ~..-'--~.<."~ "". /~~.:'. ~ .....\~ \ .i...., SEAL iJ:.1 ~ ~l :;:) '; ~. '''''- \. '7.... """ /~ \~~/ ',~~'~_3-T=i~._C ~',D.;'ON,.c..~ CJ l'Ue. anrj cone~ "Ie Boarc'3 ,::.." R.D.NC~ ::JM:::ANY ana::)r-i F!,RI'-'11ER.5 a j.-Jower_, !~:1orne'i'- executec :;'\.' sai::: s se: tne~ower of At:Dr;ie\ a~l~ s~:c CornOar-,ie5 at ~~..es:tielcj ,r:i,~ :r-i,S I \' ..,a ,,,,,, ,~", \"\\:/'< ":.::: ~.... ~ .- f:?:' SEAL --~~~;;<,~ ~-~_-- ~ '.r' -'. ~~:'~mfR(D'-''b'': l~>-,l_~_~ ~<~J " ", .J~..A Frank A Carrlf10 . t // iJ~. .r.-aJLr~ .:}eG, elci"r'.' - T 5 ~crn"nc ...~".. .- CERTIFICATE AS TO CORPORATE PRINCIPAL I, . d s. c- l) ( J IV (It I.. _i:~~1 TL '., , certify that I am the Secretary of the Corporation named as Principal in the within bond; that >' ..(;:: '\ / ,. i~_./ /'~! It. ,:, i< I'-I,r',..... ",:, who signed the said Bid Bond on behalf of the Principal, was then l~~ ;_ _ _ _.--.-__ f'-l~_:" ( Dt.: '...,' ~ of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. n f' /-- /J~ ~ 'L?i///1 S efretary i' . (corporate seal) STATE OF FLORIDA ) COTJNTY OF PALM BEACH ) Before me, a Notary Public duly commissioned, qualified and acting, personally appeared fi--' ~4 ~ (_---:'/VI Htl_ / -" r0 - I' j :/,1- !..__ .:.. to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the - (-0 /f- 1m C ,-""JI? and that he has been authorized by (SM-;:r- R f i.5 tbui-i !..(('rI:. al1r~4cl<JJ~ execute the foregoing bond on behalf of the Contractor named therein in favor for the Owner, the City of Boynton Beach. BIB - 4 Rev. 10/21105 ~--~--_._-~-- a:: >- ...., ::c m ~ Vl (J ~ r/lw eN t""'VI ""'N zo Q~ IJ:I 8 ~ h o ::: @ g "" "" N lJo 'N"o lJo 0 00 (:> 0 00 "'0 I>' OCI <'> i "" ""I .... .... 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CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM C.l Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates ~ April 15,2008 March 31, 2008 (Noon) 0 June 17,2008 0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 Date Final Form Must be Turned in to City Clerk's Office June 2, 2008 (Noon) June] 6, 2008 (Noon) June 30, 2008 (Noon) July ]4,2008 (Noon) c-,--j :._.'~._j -<: : --, NA TURE OF AGENDA ITEM o o o o o AnnouncementslPresentati ons Administrative Consent Agenda Code Compliance & Legal Settlements Public Hearing o o o o o City Manager's Report New Business ::_~. :-'0 ,....) C) .1 ~~ :..... .,,~ Legal Unfinished Business -. rYi RECOMMENDA TION: Motion to approve and authorize signing of an Agreement for Water Service outside the City Limits with Edwin Cordero & Carlos Lopez for the property at 1084 Florence Rd, Lantana, FL. The Lopez & Cordero's well has dried up, is unable to produce water and is disconnected. They have no means of potable water and we are requesting that this water service agreement please be expedited. EXPLANATION: The parcel covered by this agreement includes a single-family home located in the Unincorporated Palm Beach County area. Only potable water is available for connection to the property at this time due to recent water main improvements constructed by the County a few years ago. (See location map). Water service areas have been agreed between the county and the various local utilities. We are required to provide water to anyone within our service area when requested. Customers outside of the City Limits pay an additional 25% surcharge. PROGRAM IMPACT: A Water Distribution main has recently been completed on this street, allowing for the service to this parcel. No additional construction will be required by the City to serve this property. FISCAL IMPACT: None ~ ~ City Manager's Sigmture \ Assistant to City Manager ~ V ~A / F' Ity ttomey mance UTILITIES Department Name S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC i I I I I 1 2 " J 4 5 6 7 8 9 10 11 12 13 14 15 RESOLUTION NO. R08- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND CARLOS A. LOPEZ AND EDWIN CORDERO; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, located at 1084 Florence Road, Lantana, Florida: and WHEREAS, the parcel covered by this agreement includes a single-family home located in an unincorporated portion of the City's utility service area; and 16 WHEREAS, a water distribution main has recently been completed on this street 17 allowing for the service to this parcel; and 18 WHEREAS, no additional construction will be required by the City to serve thl::> 1 9 property . 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 21 CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 j" _J 24 25 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 hereby authorizes and directs the City Manager to 26 execute a Water Service Agreement between the City of Boynton Beach, Florida and Carlos A. 27 Lopez and Edwin Cordero, which Agreement is attached hereto as Exhibit "A" 28 Section 3. This Resolution shall become effective immediately upon passage_ S:\CA'J~ESO\Agreements\Water Service\Lopez Cordero \Vater Service Agreement.doc 1 2 3 PASSED AND ADOPTED this _ day of April, 2008. 4 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 Attest: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) S\CA\RESO\Agreements\Water ServiceILopez Cordero Water Service Agreement.doc THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXA nON S'tlJ -THIS AGREEMENT made on this_ day of Ff:I3fliAf.y , 200L, by and between (!.Pr/CLOS {+. '-OPR~'=lYWlf\J(!C'I!..AfRC hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service from the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: 1. The City agrees to provide Customer with water service from its Municipal \Vater System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are ~ Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, laboL installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in confom1ance with all codes, rules and regulations applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf ofthe Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running With the land described in Paragraph I ofthis Agreement. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferees, grantees, heirs, successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any S:\CA\AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc 2 prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or perfOlmance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the pm1ies hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial titl e to the property which is the subject ofthis Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) S:\CA\AGMTS\Water Service\Water Service Agreement. Rev 1-6.0b.doc ..., J ~ AGREEMENT FOR WATER SERVlCE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND 1 '-. C ;. Cc...I.;J L\J,jJ~b I- 1:r(..../....."""fLr~ (INSERT NAME) , ~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ! tj1D day of ('I A- , 2008. - - ~.n ss~amTe ~ /fJ~ Gtpez..- Prin d Witness Nam ) (d0YU PrintOOWilnes~ /Z:;Q' ~ / / (/~ .. mitness Signa re ... / ~f;)(jy / (~pC' 5/,()S/f/-j / P nted Witness Name Witness Signature Printed Witness Name FOR INDNIDUAL(S) NOTARIZATION: STATE OF L{()t2(dcc ) " . ) ss: COUNTY OF fa/m ~oc K- ) IND?~~ ~.f.ignature / L. / v2-/0S A 0 Pe 2.- Printed Owner Name [)v ? l O~er Signature +- JJ 11- D-::>u.J\r0 Printed Owner Name . I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State A., foresaid and in, ~e Co~n~ aforesaid to take acknowledgments, pers~naII~ appeared L~IJ.1-A-,Lqr2. : lJy.cdu,yt (d,;'t.-i.tyZJ to me known to be the person(s) descnbed III an~ who executed the foregoing instrument that he/she acknowledged before me that he/she executed the same; that the individual was p'ersonally known t-2.. me or provided the foIIowing proof of identification: /'-1/11 day of ~ WITNESS my hand and official seal in the County ~l:kzc7 L , 200~. t..Notary Seal ~~y~ MARGUERITA VALLE 'Jl. W,. MY COMMISSION I; DD4S8!102 My Comniis~ 'ortft"l\t\lires: EXPIRES: Aug. 7.2009 (4075358-0'53 Flond8 Notary SeMce.OllIIl AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND ~t.UJ$ j}, LofiEC <t- F"(""'fIl C...'.r-C(~,-tl (INSERT NAME) CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation Kurt Bressner, City Manager ATTEST: City Clerk Approved as to form: City Attorney STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and m the County aforesaid to take acknowledgments, personally appeared ' City Manager and City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that tqe City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this ,200_ day of (Notary Seal) Notary Public My commission expires: S:\CA \AGMTS\Water Service\Water Service Agreement - Rev 1-6-06.doc 5 THIS INSTRUMENT PREPARED BY James A. Cherat, Esquire Goren, Cherat, Doody and Ezro/. PA 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTYOF~~ I~ Mt1IJS A. Lof[~~ EAwj/IJ (,OfMJW, hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attomey in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH full and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: PCNNo.: 00-4"3-45-bq~o3- 000-0570 The powers and authority of my attomey, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the ~-th. day of f~tuM.Y ,20 of{ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the .!5 \="" E:e , in the year 20 O~ day of Sealed and delivered in the presence of ~ //~......- //~ / ( j/ ' .,-/ (. / ~--- cDwner Signatur~ CAflOS 1/, C:Ort-t: Print Name 1tpess Signature 'V1ET/IIF .l~'ilc-irf7/1t0 Pri~~me // // ..' /'~ \) C" l . '~ i: L {,'{), {4( . ~ess Si~..ature IS~ -fj ve IlR Print Name ,'> .d I!~~' iitness .' . -zr "~".rCv~ ;;~r,,,, ;--0, Print Name ~()~ignat~ . 1= i)W \ t"l Print Name ." ~\) ~'Yl 0 STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) ~El? THE FOREGOING INSTRUMENT was acknowledged before me this -5 dav of 2008, by ~UJ.....OS A. LOI'e.'L - - and who are to me or who have produced '. as identification . not ta. ke an oath. (----. (\:)~~~~ NOT AR Y PUBLIC '----- ,"it!tl.~ DOLORES A. PRICE t!' ~~ Commission DO 746103 - - expires February 19t 2012 IlOndId 'IllIU 110;"" InIuIWt 1lOO48501Ol0 Type or Print Name Commission No. My Commission Expires: S:\CA\AGMTS\Water Service\power of atty. doc - 1-6-06 H:\l 990\9001 82.BB\AGMT\Power of Attomey-lnd 1-6-06.doc Location 0070 ~-- 0350 ~ 1360 ~ j ---- - 1 084 Florence rd 02700280102900300.0310 0320 0330 i /N- OAKRIDGE CfR ---- / ~, ( .~ --1 N 0500 \ ~ 0530 05500560 ./ ~ .~ 0 0020 ~ 0420 I 0440 L 0010 )020 1030 040 050 )60 s 0340 0351 0380 0480 04700460 0442 0431 0420 0400 FLORENCEmRD 580 0590 06000610 06200630 0640 '" \ \ ~ - j ~ I \~ r ___ r-- ---- 0010 ,/~ ( -,\ Although every reasonable effort has been made to ensure the accuracy of the public Information, data and graphic representations, the City of Boynton Beach cannot be responsible for E consequesnces resulting from any omissions or errors containced herein. The city of Boynton Beach assumes no liability whatsoever associated with the use or misuse of this data. ~ I !' Railroads Tax Parcels 2005 LOT Labels o Tax Parcels 2003 LOT Labels ,^ Street Centerlines STREET Labels ( Streets (Manatee Bay) . hydrant_equipmentprjSP _Proje TRSgrid Water o Utility Service Area Palnl Beilch County Property Appraiser Property S~arch Sy~tem. Pa.g~ 1 of 1 I~W-"""-7iJJ' --'- - -, " -, -, - ... ~ ~ ",'t.c'4::- ~ ,~ I' r ' ~ ~ ~ ,-', " "..., , H ~ ' ... ..... ~L!:;~_,=_._,.." ' Property Information Loci/ltion Addre$s: 10a4 ISLAallltlCE Ill) MYnicigQllt~: Ublllltlc;ORPQUl:EP Rarc::el Control Number: QO""aIll41i",gp",Q:i=QOCbOUP Subdivision: I:tXRQL.IJXQ RIDGE IN 0fficial Recol'ds Book: 1Q~U Rage: 15'. Legal Description: I:I~RQLUXg RIDGE 1,3 Ii' Sale - - S~"'l'aODli Date: .. Owner Information-----'''-'--- --..-.--- >"._--'.~'-~'---' .~ " ~'~,._.. '-"-..' ,~-<-~.~..,'~-~,~,~ "--~'-~lrr- r~=ll Name: '-QREi CARLOIi A" Mailing Addre$~: ~Qaf nQSENC:1 RP I,.4Kr; WQJJ.Itt e.. n.'~ "UP Sales Date Book/Page Price Sale Typ~ Owner _._=~-- ~--i'~--: I liIiiiIIIIIT :<~"'~l. Sales Information -,~-_.-_..- _1<,,----"- -"-,-..._-~--"""",,~---~,",,,---- '-'>~,,--.- Sep..Z005 Juo",:::005 D.G"lgG~ 19251/j.548 1811110210 l0191/QQll $60,501 QUIT eLAIM $150,000 WA RaAIlI~ DEED $U,5DO WA RIlAN" DEED LOPEZ CARLOS A . LQ9EJ CARLOS &AtlIllEUCE GARV E . JliANNE [Exemptions - -- . - . . tiK@_mptiQD lAHu~~atioA Unavailable. Appraisals ---- -' --- .----<>- Tax Year: Improvement Value: Land Value: Total Market Value: ~'--I Tax Year: Assessed Value: Exemption Amount: Taxable Value: ...-' '--~' ,-,......._.............~._,---.,~~-~,-_..- ,......,......-- ,~'"",.---.- Property Information Number of Units: 1 *Total Square Feet: 11'76 ~. y"'" -," " ",; Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: Tax Values Tax Collector WebSite \\lOTE: Lower tbe top ilDd bottom miu:gins teJ 0.25 on f.llew::'lIage Setup menu option in tbe bl!ow"G" to print tile detail on one page, ~...-r-'"t '<..J- I httP;U~.co,palm"beach.fl.usLpapalaf,lpxiwebtdetail- info.a~px~p _entity=00434509030000~JO~geOnl:lY=... ."; '{ 2tSi2Q08 AU Owner rJi~~ ~~~e:~:: - -;';:-.~.~~;:Q;:;;:;;:~~~;- ~ .. ,-- I ' QWRelF Nilme$ lRPIMO iOWIN "ga'i f;AILQI . .. ."'"" - _.~- ...",;-. Pit~~ 1 gf 1 ~~ btt:gitt.WJA'W,~g~pf;llm;:beBCh,tl, l!~LPilpaJi:l~p~w~b/a1JQwn~r,~px7entity _id=Q0434SQQ0300QQ.57Q&OwnecN,!, 2t5L~QOB VI.-CONSENT AGENDA ITEM C.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office (gJ April IS, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon) 0 May 20, 2008 May S, 2008 (Noon) 0 July IS, 2008 June 30, 2008 (Noon) 0 June 3,2008 May 19,2008 (Noon) 0 August S, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM r8J Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA TION: Motion to authorize and execute by resolution the Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions between the St. Andrews Club and the City of Boynton Beach for Lift Station 101. EXPLANATION: Lift Station 101 was constructed many years ago on the grounds of the St. Andrews Club Golf Course. Approximately 1 and ~ years ago, the lift station electrical and mechanical systems failed and the lift station has been on by-pass pumping since that time. In order to maintain the City's level of service, a new lift station must be built in order for the City to maintain the current level of service. The current lift station was constructed and has been in operation since August 1973. It was deemed to be appropriate for the City to seek a formal utilities easement with the St. Andrews Club prior to investing in a new lift station. PROGRAM IMPACT: Lift Station 101 is one (1) of five (5) lift stations that are being re- constructed as part of Bid #034-2821-08/JA, "LIFT STATION REHABILITATION PROJECT" which is also slated for the April 15, 2008 Commission Agenda. The St. Andrews Club has agreed to provide the City access to LS 101 for the period of May 15, 2008 to July 15, 2008 and this Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions must be authorized to permit the City access to re-construct the lift station as part of the construction Contract award. S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM FISCAL IMPACT: The Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions contains the provision for a payment of Ten and no/lOO ($10.00) Dollars to be paid to the St. Andrews Club in consideration of the mutual promises contained in the Agreement. The funds are available in Utilities account #406-5000-590-65-04 SWRI05. AL TERNA TIVES: There are no alternatives, the lift station systems have failed beyond maintenance and the lift station must be replaced. Therefore, this Perpetual Access Easement, Maintenance Agreement, and Declaration of Restrictions must be authorized. qx~P.E. Utilities Director 7';;.,~~ /' \-/./ I .' /7)(y" At ,~, t /,Lv'-':-;-'-r . / City Manager's Signature ~ Assistant to City Manager \ ~ity Attorney / Finance Utilities Department Name bc: Peter Mazzella, Deputy Director, Utilities Paul Fleming, Sr. Project Manager Chris Roschek, Eng. Division Manager Barb Conboy, Manager Utilities Admin/Finance Project File SBlLLETlN.FORMSAGE1\iDA ITEM REQUEST FORM.DOC 1 RESOLUTION NO. R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING A PERPETUAL ACCESS 5 EASEMENT, MAINTENANCE AGREEMENT AND 6 DECLARATION OF RESTRICTIONS BETWEEN THE 7 CITY OF BOYNTON BEACH AND DEBORAH CORVEY 8 FOR THE PURPOSE OF INST ALL A TION OF A 9 SANITARY LIFT STATION NO. 101 AND ASSOCIATED 10 IMPROVEMENTS WITHIN THE PROPERTY, AND 11 PROVIDING FOR AN EFFECTIVE DATE. 12 13 14 WHEREAS, Lift Station 101 was constructed many years ago on the grounds of the 15 St. Andrews Club Golf Course but has been on by-pass pumping for the past 1 and Y2 years 16 due to electrical and mechanical systems failing; and 17 WHEREAS, in order to maintain the City's level of service, a new lift station must be 18 built; and 19 WHEREAS, the City Commission upon recommendation of staff, deems it 20 appropriate to accept the Perpetual Access Easement, Maintenance Agreement and 21 Declaration of Restrictions between the City of Boynton Beach and St. Andrews Club, Inc. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 eing true and correct and are hereby made a specific part of this Resolution upon adoption 26 ereof. 27 I I~I Section 2. I I ereby accept and authorizes the Mayor and City Clerk to sign the Perpetual Access I asement, Maintenance Agreement and Declaration of Restrictions from St. Andrews Club, II I F:\CAIRESO\AgreementMccess Easement-St Andrews -LS I 0 l.doc II II I! 11 The City Commission of the City of Boynton Beach, Florida does 28 29 4 ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ')" --' 24 25 26 27 28 29 30 31 ", -'- 33 Ine for the installation of sanitary sewer lift station No. 101 and associated improvements , \vithin the property. " -' Section 3_ That this Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions will be recorded in the Public Records of Palm Beach C ountv. Florida. Section 4. This Resolution shall become effective immediately upon passage PASSED AND ADOPTED this ~ day of April, 2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross r TTEST anet M. Prainito, CMC ity Clerk 34 35 Corporate Seal) c:\ ,RE.SO'.AgreementsAccess Easement -51 i\ndre\\'s -l.S illl doc This instrument prepared by: David N. Tokes, Esquire Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 PERPETUAL ACCESS EASEMENT. MAINTENANCE AGREEMENT. AND DECLARATION OF RESTRICTIONS THIS ACCESS EASEMENT, MAINTENANCE A~REEMENT, AND DECLARATION OF RESTRICTIONS made this.<e.+~ day of Mti.rc., ,2008, by and between St. Andrews Club, Inc. ("GRANTOR") whose address is 4475 N. Ocean Boulevard, Delray Beach, Palm Beach County, Florida, 33483-7517, and the City of Boynton Beach ("CITY"), a Florida municipal corporation, its agents, servants, employees, or contractors, whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435-7934; WIT N E SSE T H: WHEREAS, the GRANTOR is the owner of that certain parcel of real property (hereinafter referred to as the "Property"), more particularly described as follows: See Legal Description Attached Hereto WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install sanitary sewer lift station No. 101 and associated improvements within the Property in order to improve sanitary sewer utility services within the CITY; and WHEREAS, the GRANTOR will grant an Easement to the CITY in order to permit CITY to install sanitary sewer lift station No. 101 and associated improvements within the Property, pursuant to the Erdman / Anthony drawing No. 60018.02 Boynton Beach Lift Station 101 Site Plan, in order to improve sanitary sewer utility services within the CITY; and WHEREAS, the City Commission has authorized the expenditure of funds for the CITY to install a sanitary sewer lift station upon grantor's property and associated improvements; and, WHEREAS, once installed, the sanitary sewer lift station and associated improvements will be maintained by CITY, and, if necessary, further replaced by the CITY; and, WHEREAS, the GRANTOR will agree not to construct anything of a permanent nature within the Easement; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Access Page 1 of 4 Easement to the CITY, together with the right of entry into the Property for the construction and maintenance of the sanitary sewer lift station and associated improvements, and execution of this Maintenance Agreement and Declaration of Restrictions; ~ow, THEREFORE, in consideration of the mutual promises contained herein and Ten and no/1 00 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The GRANTOR hereby grants and conveys to the CITY a permanent, perpetual Easement for the installation and maintenance of sanitary sewer lift station and associated improvements on the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein by reference. 3. This Easement is a permanent perpetual easement and shall not be changed, altered or amended except by an instrument in writing executed by GRANTORS and CITY or their respective successors and assigns. 4. In association with the GRANTOR's grant and conveyance of the Easement, GRANTOR agrees to cooperate with CITY in order to obtain any consents and/or agreements from any person or corporation which holds a mortgage or other property interest in the Property. GRANTORS agree to sign any applications, documents, and/or amendments to this Agreement which are required for the mortgage holder to consent to the GRANTOR's conveyance of this easement to the CITY. CITY agrees to pay any and all fees associated with obtaining any consents from any mortgage holders, or other entity with a property interest in the Property. 5. The GRANTOR further agrees to sign any applications and documents for any permits which the CITY may be required to submit to any local, state, or federal agency in association with the installation and maintenance of the sanitary sewer lift station and associated improvements. CITY agrees to pay any and all fees associated with obtaining any permits from any local, state, or federal agency for the installation of the sanitary sewer lift station and associated improvements. 6. GRANTOR also hereby grants and conveys to the CITY a non-exclusive perpetual Easement for ingress and egress over the Property for the purpose or purposes of installing the sanitary sewer lift station and associated improvements on the Property. fhe GRANTOR acknowledges that this right of ingress and egress includes any and all temporary access of adjoining portions of the Property not included within the Easement described in Paragraph 2 above during actual construction, installation and maintenance of the sanitary se\\ier lift station and associated improvements by CITY. The CITY, in cooperation with the GRANTOR, shall specifically identify the portion of GRANTOR's property that the CIT'{ ma) use for access during the construction period. Only one truck at a time will be permitted on the temporary access road during the construction period. Construction will take place no earlier than May 15. 2008, and shall be complete no later than July 18, 2008. unless agreed to in writing by the parties. Page 2 of4 7. For purposes of this Agreement, the term maintain may include, at the option of the CITY, the actual installation, maintenance, repair, replacement, and/or removal, of such parts and/or portions of said sanitary sewer lift station and associated improvements as are deemed to be necessary by the CITY, and in order to serve and promote the general safety, health and welfare of the citizenry of the CITY. 8. CITY shall ensure that all of the GRANTOR's property disturbed and used by CITY pursuant to this Easement is returned to its original condition by CITY as of the date CITY commenced such use, at the CITY's own cost. This includes repair of damage to the golf course, the removal of the access road, repair and replacement of any irrigation damaged during the construction, and the replacement of any landscaping damaged or removed as part of the CITY's installation of the sanitary sewer lift station and associated improvements. The CITY shall also install a green PVC coated galvanized chain-link fence around the Improvements. 9. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefit of GRANTOR or CITY, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement. The Property, and all persons claiming by, through and under them. 10. In the event of any litigation in connection with this Agreement, the prevailing party shall be entitled to recover court costs and reasonable attorney's fees. 11. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in full force and effect. Signed and Sealed the day and year first above written. WITNESSES: ~ ':I, C~o.L- ~ i ~PCEA-C- Print or Type Name GRANTOR .b~<L~ St. Andrews Clu , Inc. ~7~ &re=L ~ Secret y ~ cz....., (<:,tf11 ON It Print or Type Name 1, C- cO ~.fl-~ (Corporate Seal) Page 3 of 4 STATE OF FLORIDA ) ) SS COUNTY OF PALM BEACH ) BEFORE ME, an officer duly authorized by law to administer oaths and take aCknOWled~ments, personally appeared S A (lQ VI .4J<..;.,.':1 (\~ ~. as Pv:rzS(!1Z.\11 of St. Andrews Club, Inc., who is personaliy known 0 me or has produced as identification, and acknowledged ~xecution of the foregoing Agreement as the proper official of St. Andrews Club, Inc., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation, ~.,.,.~~ ~ Notary Public State of Florida . . Oeilll', T Ruffino 'Q. C ; My ColMlisslon 00712455 ~C1""G Expires 1010212011 SEAL: My Commission Expires: 10/2/.1-011 IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on this ;f day of t'v\o.. ruh . 2008. ~4~ NOTARY PUBLIC " CITY OF BOYNTON BEACH ATTEST: BY: Jerry Taylor, Mayor Janet Prainito, City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) ) ss COUNTY OF BROW ARD ) BEFORE ME, the undersigned, this _ day of , 2008, personally appeared Jerry Taylor, Mayor and Janet Prainito, City Clerk of the City of Boynton Beach. ( ) personally known Notary Public, State of Florida DNT:js H\1990\900 I 82.BBIAgreements 2008\Easement Agreement (51. Andrews Club. Inc. )REV Idoc Page 4 01'4 r ~ SECTION LINE 1,319.11 ' THE SOUTHWEST ONE-QUARTER BRINY BREEZES BLVD. N 890 01' 45" E NORTH LINE OF SECTION 34 TWP 45 S RGE 43 EAST P/L I I ~! 1 I '<::::( --- '<::::( G::: V) POC NW CORNER OF sw ~ SEC T ION 34, TWP 45 S, RGE 43 E ~ >- '<t 0::: ~ l<J u... o...u...Oo ;:::Ohl?i '<thG~ O:::~-o Vl~O:::~ h~"1 ~~QO'l -o...h~ -.Jl<J~Q ~C)O:::h O:::'<tou C)0...l<J h_VlVl VlO:::~o... l<JSO:::<( ~u...h~ Iil = BASELINE D = DELTA EX. = EXISTING L = LENGTH ORB = OFFICIAL RECORD BOOK PB = PLA T BOOK PBC = PALM BEACH COUNTY PC = POINT OF CURVATURE PG = PAGE P/L = PROPERTY LINE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R = RADIUS RGE = RANGE R/W = RIGHT OF WAY SR = STATE ROAD TWP = TONNSHIP ~I ~I -I. . 1"- "-10 "1 . ~ o ~ 01" J Vli o 20 100 ~---...! Feet f- ~ <: 0... ~h'" I l<J ~ ~ BEARINGS BASED ON THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER '0 ~ 1:5 is (1/4) OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS n-\- ~ 88;J:i/5" It - r- r - ~ ~ ~ 2[ ESTABLISHED BY THE PALM BEACH COUNTY, FLORIDA ENGINEERING ~ fl "-P/L I I llj Cl C) ~ DEPARTMENT. >- C) t:: : ST. ANDREWS FAIRWAYS I I~' ~ '::: :33 THIS IS NOT A SURVEY. . - 1'0 CONDOMINIUM fI{ I I I ;;: '-., Cl:l l::; ~ q ORB 3048, PG 730 I I '" ~ 0::: ~ ll) I r-. a UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED ~ ::::::: II II~ :::::> SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, v, ~ THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONLY. ~-~--------+--1 NOT VAL 10 UNLESS ACCOMPANIED BY SHEET 2 OF 2. --rr ~ P/L I I 0... . 1 to1 I I: ~ ~I' I I ~ "" I I " 0 C\J 0:::- C\J I I h~ ~: I I 8 I J'-_ P/L :: ~ ~ ~~ W ...; ST. ANDREWS FAIRWAYS ~: '<t ~ ~"" CONDOMINIUM '''', :q; [j ORB 2373, PG 1817 I '11 0::: Vl I I~ Vl V'J u It:j Ig: ~ I ~ I -~ tal I ~J ,.....I i?i I ~ ~I~ 1 ~ Cj\~ , I ':J V'JI I "':= <:( r'J \ I. l1J\ ~ \ \ 2i \ ''-' , I . I co \ \ ~ ( \ gs \ \\\ : It"...\ \ \ \ I !iQH5. I. 2. 3. 4. LOT /4 BENSON BROTHERS PLAT PB 59 PG 27 S 87" 53' 58" 106.24' ~~.~T POB Due East .c:: 30.00' t b 1 _u I' .c:: ~~I '8~ 01 l.c)iIi e.., "---,, ~ a 30.00' t) Due West a eol ~I Q)I ."., ~\ I ) ~ ERDMAN ANTHONY UTILITY EASEMENT SKETCH BOYNTON BEACH LIFT STA TION #101 1<12 RO'AL PAL. llEACH 1LVtl. SLlI; SIB AD'AL POl. IIEACM, FlORllIA 33411 PH 561-7!3-q72J FAX 561-753-q'2<4 EB.~12 LB.7334 60018.02 1 OF 2 I""' LEGAL DESCRIPTION (LIFT STATION # IO/) A UTfL I TY EASEMENT IN THE SOUTHWEST ONE-OUARTER (1/4) OF SECTION 34. TOWNSHIP 45 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA; SAID UTILITY EASEMENT LYING IN LOT 14 OF BENSON BROTHERS SUBDIVISION. AS RECORDED IN PLAT BOOK 5. PAGES 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-OUARTER 11/4) OF SAID SECT/ON 34: THENCE NORTH 89"01 '45" EAST. ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-OUARTER (1/4) OF SAID SECTION 34, 1319.11 FEET TO THE WEST LINE OF STATE ROAD AlA AS SHOWN ON FLORIDA DEPARTMENT OF TRANsPORTA nON RIGHT OF WA Y MAP SECTION 93060-2510; THENCE SOUTH 01037' /7" WEs T. ALONG SAID WEST RIGHT OF WAY LINE, 368,67 FEET TO THE NORTHEAST CORNER OF ST. ANDREWS FAIRWAYS CONDOMINIUM III AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA IN OFFICIAL RECORD BOOK 3048 A T PAGE 730; THENCE SOUTH 88059' 15" WEST, ALONG SAID ST. ANDREWS FAIRWA YS CONDOMINIUM 111.200.21 FEET; THENCE SOUTH 01037'17" WEST. ALONG SAID ST. ANDREWS FAIRWAYS CONDOMINIUM III AND ALONG ST. ANDREWS FAIRWAYS CONDOMINIUM AS RECORDED IN AFORESAID PUBL IC RECORDS IN OFFICIAL RECORD BOOK 2373 A T PAGE /817. A TOTAL DISTANCE OF 118.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A DELTA ANGLE OF 03043'18" AND A RADIUS OF 3448.98 FEET; THENCE SOUTHERLY CONTINUING ALONG SAID ST. ANDREWS FAIRWAYS CONDOMINUM III ALONG THE ARC OF SAID CURVE, 224.03 FEET; THENCE SOUTH 87053 '58" WEST, ALONG A RADIAL LINE TO SAID CURVE, /06.24 FEET TO THE POINT OF BEGINNING; THENCE DUE SOUTH. 30.00 FEET: THENCE DUE WEST, 30.00 FEET; THENCE DUE NORTH. 30.00 FEET; THENCE DUE EAST. 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 900.0 SQUARE FEET. MORE OR LESS. NOTE THIS IS NOT A SURVEY. NOT VAL ID UNLESS ACCOMPANIED BY SHEET / OF 2. I HEREBY CERTIFY THAT THE ATTACHED SKETCH AND THE ABOVE LEGAL DESCRIPTION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THE ATTACHED SKETCH AND ABOVE LEGAL DESCRIPTION MEET THE INTENT OF THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027. FLORIDA STAT/JTE5 AND ADOPTED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. NOT VAL ID UNLESS EMBOSSED WI TH SURVEYORS ....-~ 813",;;;0/ PROFESSIONAL SURVEYOR AND MAPPER NO. LS6558, STATE OF FLORIDA LB NO. 7334 SEAL. D /2b (Db' DA TE BOYNTON BEACH LIFT STATION #101 ERDMAN ANTHONY ~ UTILITY EASEMENT DESeRIPT ION 1.112 ROYAL PALM BEACH BLVD. SlOG 51!ll ROYAL PALM BEACH. FLlIlIIlA 3:1<11 c::nn1 Q Ii') N 890 01' 45" E NORTH LINE OF r Y4 SECTION LINE 1,319./1' THE SOUTHWEST ONE-QUARTER BRINY BREEZES BLVD. SECTION 34 TWP 45 S RGE 43 EAST POC NW CORNER OF sw Y4 SECTION 34, TWP 45 S, RGE 43 E LEGEND 12 = BASELINE D = DELTA EX. = EXISTING L = LENGTH ORB = OFFICIAL RECORD BOOK PB = PLA T BOOK PBC = PALM BEACH COUNTY PC = POINT OF CURVA TURE PG = PAGE P/L = PROPERTY LINE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT R = RADIUS RGE = RANGE R/W = RIGHT OF WAY SR = STATE ROAD TWP = TONNSHIP o 20 100 ~_--.....! Feet NOTES I. 2. THIS IS NOT A SURVEY. 3. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS SKETCH IS FOR INFORMATIONAL PURPOSES ONL Y. 4. NOT VALID UNLESS ACCOMPANIED BY SHEET 2 OF 2. LOT /4 BENSON BROTHERS PLAT PB 59 PG 27 S 87" 53' 58" W 106.24' ~~'~T POB Due East .c: 30.00' ...... --- .. 81 I. ~.I 18~ 0' 1'1Il ." '" "---,, ~ d 30.00' " Due West d ~\ 0), co' ~\ BOYNTON BEACH LIFT STA T/ON #/0/ ERDMAN ANTHONY , ) ~ 1412 ROYAl. POL. IlEJlOt Bl'lll., Bl!l; !511 ROY4ll ..... BEAOI.FLlIIfDjI 33411 PH 51-7!l3~lUZJ FAX "t-7!l3~qn4 EB.m12 LB-7JJ.e P/L 1 1 ~! 1 / :>.. '<( ct 3!: llJ lJ.. o..lJ..Oo ~Of-i?i ,<(f-~~ ctO!:_S( Vl~cto f-O!:I<) ~~!;2Cl) -o..f-O!: -JllJ~!;2 ~C)ctf- ct'<(Ou C)o..l.LJ f-_VlVl Vl~~o.. llJ-Jct'<( itlJ..f-~ ~ - ~ ct: V) it/ "-.1 -I. . /" "\0 I<) . co o \0 01""1 Vli :t f- ~ ~ ~ ~~~ BEARINGS BASED ON THE NORTH LINE OF THE SOUTHWEST ONE-OUARTER 0 ~ 6 G (1/4) OF SECTION 34. TOWNSHIP 45 SOUTH. RANGE 4J EAST AS S 880 59' 15" W C\J Lw ll:l (:> ESTABL ISHED BY THE PALM BEACH COUNTY, FLORIDA ENGINEERING n-\- - --'205.21:-- - - r- r - >< "- ~ CL DEPARTMENT. 3!: fl "-P/L I I llJ 0 ~ , f-:>"o t:: ,ST. ANDREWS FAIRWAYS I I "" t:::: ~ . _ /- CONDOMINIUM III I I I ~ u ~ ~ ~ ORB 304B, PG 730 I I ~ ~ ~ COlt) , 1--.0 ~:::I:::: I I Vl I I I) I ~~\:P/;___H:_ Il - 1 ..; I I :31 I I ./ I I ~ II I I -J: I I 1\ I I cd ~P/L I I ~ ST. ANDREWS FAIRWAYS ~ : : :I CONDOMINIUM '''' \ ~ ORB 2373, PG 1817 : \ \~ : It::; \ Ig \ \.W CL I ~ I~~ I \ ~l )..J~ I \ i;\ ~I 'C\J \ \ ~ ~\~: \ ~ 'ql ~ \ ~ C'J \ _ \.WI (3 I \ ~ 1"'-" I \<fl'i2\ \ ~l' \0 \ \\ \ \ 'i',-\ I \ I I UTILITY EASEMENT SKETCH o I--. 0.. '<( ~ ~!;2 It) f-C\J 81 lJ..~ ""1 ctCl'l ~~ ~~ '<(U llJ ctVl Vl ~ ~ 60018.02 1 OF 2 I' ---.-...----.-. LEGAL DESCRIPTION (LIFT STATION # IO/) A UTIL I TY EASEMENT IN THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA: SAID UTILI TY EASEMENT LYING IN LOT /4 OF BENSON BROTHERS SUBDIVISION, AS RECORDED IN PLAT BOOK 5, PAGES 27 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER (1/4) OF SAID SECTION 34: THENCE NORTH 89001 '45" EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER (/ /4) OF SAID SECTION 34. 1319./! FEET TO THE WEST LINE OF STATE ROAD AlA AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP SECTION 93060-2510: THENCE SOUTH 01037'/7" WEST, ALONG SAID WEST RIGHT OF WAY LINE. 368.67 FEET TO THE NORTHEAST CORNER OF ST. ANDREWS FAIRWAYS CONDOMINIUM III AS RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA IN OFFICIAL RECORD BOOK 3048 A T PAGE 730: THENCE SOUTH 88059 '/5" WEST, ALONG SAID ST. ANDREWS FAIRWA YS CONDOMINIUM 1/1. 200.21 FEET; THENCE SOUTH 0/037'/7" WEST, ALQNG SAID ST. ANDREWS FAIRWAYS CONDOMINIUM III AND ALONG ST. ANDREWS FAIRWAYS CONDOMINIUM AS RECORDED IN AFORESAID PUBLIC RECORDS IN OFFICIAL RECORD BOOK 2373 AT PAGE 1817, A TOTAL DISTANCE OF 118.96 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST HAVING A DELTA ANGLE OF 03043'/8" AND A RADIUS OF 3448.98 FEET: THENCE SOUTHERLY CONTINUING ALONG SAID ST. ANDREWS FAIRWAYS CONDOMINUM III ALONG THE ARC OF SAID CURVE. 224.03 FEET: THENCE SOUTH 87053'58" WEST, ALONG A RADIAL LINE TO SAID CURVE, 106.24 FEET TO THE POINT OF BEGINNING: THENCE DUE SOUTH, 30.00 FEET: THENCE DUE WEST, 30.00 FEET: THENCE DUE NORTH, 30.00 FEET: THENCE DUE EAST. 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING 900.0 SQUARE FEET. MORE OR LESS. NOTE THIS IS NOT A SURVEY. NOT VALID UNLESS ACCOMPANIED BY SHEET I OF 2. I HEREBY CERTIFY THA T THE A TTACHED SKETCH AND THE ABOVE LEGAL DESCRIPTION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEL IEF. I FURTHER CERTIFY THAT THE ATTACHED SKETCH AND ABOVE LEGAL DESCRIPTION MEET THE INTENT OF THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOAh~ OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 412.027, FLORIDA STAwrES .4ND ADOPTED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. NOT VA( ID UNLESS EMBOSSED WI TH SURVEYORS SEAL. ~~ ..--- ~/ BR AN ME RITT PROFESSIONAL SURVEYOR AND MAPPER NO. LS6558, STA TE OF FLORIDA LB NO. 7334 3(z? 11J8 DA TE BOYNTON BEACH LIFT STATION #101 ERDMAN ANTHONY ~ UTILITY EASEMENT DESCRIPTION '_liI2 ROYAL PAL" BEACH 9L vo.. BlllG 5l!Il ROY~ PAL" BEACH. FLlllIDA 33<11 ~nn1 Q n, VI.-CONSENT AGENDA ITEM C.3 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Offi ce (gJ April 15. 2008 March 31, 2008 (Noon) 0 June I 7, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16, 2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlernents 0 Unfinished Business 0 Public Hearing 0 RECOMMENDA T10N: Approve a resolution authorizing a First Amendment to the Recreation Assistance Program (RAP) Agreement for a grant in an amount not to exceed $35,000 from the RAP - District 3 ($10,000) and Engineering Capital Funding - District 7 ($25,000) to assist with costs for Boynton Beach Little League field improvements. EXPLANATION: The East Boynton Little League contacted Palm Beach County to request RAP funding for field improvements on Field 2 as a result of a new Little League regulation that required an additional five (5) feet be added to the outfield. This required relocation of the outfield fence, changes to the irrigation system, installation of new warning track, relocation of the scoreboard and lighting of the flag pole. Palm Beach County preferred to funnel the funds through the City of Boynton Beach which is a normal practice for the County. Commissioners Warren Newell and Addie L. Greene requested through Parks and Recreation Director Dennis Eshleman that County staff develop this agreement. The project reimbursement period was from June I, 2007 to December 3 I, 2007. Because East Boynton Little League did not complete the work until December 31, 2007, an extension to the contract through February 9, 2008 is required to complete the reimbursement process. PROGRAM IMPACT: N/A FISCAL IMPACT: The City will be reimbursed $34,813.63 by Palm Beach County. ALTERNATIVES: N/A p ~------- ~ .--------- Department Head's SIgnature .t. ~'i / 'oj :AR,", ec~,eation and Parks L. ~ ~. fl. ....'l..,l......-............... '- Department Name Assistant to City Manager ~ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 RESOLUTION R08- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 MAYOR AND CITY CLERK TO EXECUTE A FIRST 6 AMENDMENT TO PROJECT AGREEMENT BETWEEN 7 PALM BEACH COUNTY AND THE CITY OF BOYNTON 8 BEACH EXTENDING THE TIME PERIOD FOR ELIGIBLE 9 REIMBURSEMENTS TO ASSIST WITH COSTS FOR THE 10 BOYNTON BEACH LITTLE LEAGUE FIELD 11 IMPROVEMENTS; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 15 WHEREAS, in February, 2007 the City Commission approved and 16 authorized and Agreement with Palm Beach County for Recreation and Assistance 17 Program Funding for the Boynton Beach Little League field improvements. including 18 but not limited to relocation of the outfield fence, changes to the irrigation system, 19 installation of a new warning track, relocation of the scoreboard and lighting of the 20 flag pole; and 21 WHEREAS, the improvements to the Little League field were not completed 22 until December 31, 2007, therefore an extension to the Agreement through February 23 9,2008 is required to complete the reimbursement process; and 24 WHEREAS, the City Commission of the City of Boynton Beach, upon 25 recommendation of staff, deems it to be in the best interests of the residents and 26 citizens of the City of Boynton Beach to approve the First Amendment to the Project 27 Agreement between the City of Boynton Beach and Palm Beach County for funding 28 of Little League Park Field Improvements. 29 NOW, THEREFORE, BE IT RESOL VED BY THE CITY 30 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESOlAgreements\lnterlocals\Liltle League field improvements funding PBC( 2008 1st Amendment).doc Section 1. The foregoing "WHEREAS" clauses are true and correct and 2 hereby ratified and confirmed by the City Commission. 3 Section 2. The City Commission of the City of Boynton Beach does 4 hereby approve and direct the Mayor and City Clerk to execute the First Amendment 5 to the Agreement between Palm Beach County and the City of Boynton Beach, for 6 funding of Little League Park Field Improvements, a copy of the First Amendment to 7 the Agreement is attached hereto as Exhibit "A". 8 Section 3, That this Resolution shall become effective immediately upon 9 passage. 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 PASSED AND ADOPTED this _ day of April, 2008. CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M, Prainito, CMC City Clerk (Corporate Seal) S:\CA\RESOlAgreements\lnterlocals\Little League field improvements funding PBC( 2008 1st Amendment).doc FIRST AMENDMENT TO AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF LITTLE LEAGUE PARK FIELD IMPROVEMENTS THIS AMENDMENT is entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Boynton Beach. a Florida municipal corporation, herein referred to as "Boynton Beach". WIT N E SSE T H: WHEREAS, on April 10, 2007, County entered into an Agreement (R-2007-0554) with Boynton Beach, hereinafter referred to as the "Agreement" to provide Recreation Assistance Program (RAP) funding in an amount not to exceed $35,000 to assist with the funding of Little League Park field improvements, hereinafter referred to as the "Project"; and WHEREAS, Boynton Beach has requested that County amend the Project time frame from June 1,2007, through December 31,2007, to June 1,2007, through February 8, 2008, in order to allow for the reimbursement of all eligible invoices and accommodate the necessary time for the reimbursement process; and WHEREAS, the Project will benefit all citizens of Palm Beach County. NOW THEREFORE, the parties hereby agree as follows: 1. The first sentence of Section 9 of the Agreement is amended to read "Boynton Beach shall complete the project by February 8, 2008, and invoices and checks and/or proof of payments submitted for reimbursement must be dated within the Project time frame of June 1,2007, through February 8,2008." 2. Except as provided herein, each and every other term of the Agreement shall remain in full force and effect and the Agreement is reaffirmed as modified herein. IN WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seals on the date indicated above. ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Sharon R. Bock, Clerk & Comptroller Commissioner Addie L. Greene, Chairperson ATTEST: CITY OF BOYNTON BEACH By: Name (Type or Print) Mayor Signature APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: County Attorney By: Dennis L. Eshleman, Director Parks and Recreation Department !-rv 0 Co' --",.... / .., .' .~- - --'\ f _.- _:. --~ IX \ /(,1 ;..:\,...../< ..'<' ~ '- ~, '''Oi..; "p VI.-CONSENT AGENDA ITEM C.4. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office (gJ April 15, 2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM [gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve Resolution R08- First Amendment to Lease Agreement between the property owners, the County and the City of Boynton Beach for the Community Garden Program. EXPLANATION: In June, 2005 the City entered into a Lease Agreement with Palm Beach County and property owners Marwan Ghali, Blanche Girtman and James Johnson, Jr. to establish a Community Garden Program. The gardens were established to improve the Seacrest Boulevard corridor within the Heart of Boynton neighborhood area. The County's participation in the Lease is to pay the property owners $10.00 per year for use of the gardens so the County's 4-H program participants could use the gardens plots. The property owners and various groups are responsible for planting and maintaining the gardens within the fenced area of their property. The City's responsibility is to maintain the property outside of the fenced garden area. The County is requesting to cancel the lease arrangements for the Community Garden's because they no longer have the staff position, nor the grant funding that they had when the gardens were established. Property owners Suhair Ghali and Blanche Girtman have signed the amended lease agreement accepting the terms; however property owner James Johnson, Jr. wants to dissolve the lease agreement releasing the City responsibility for maintenance. The attached First Amendment to Lease Agreement is primarily to release the County from all obligations under the lease. Additionally only two of the three original property owners (Ghali and Girtman) have signed the amended agreement. By not signing the amended agreement property owner Johnson is releasing the City and County responsibility for the maintenance and $10.00 lease payment and will assume the maintenance of his property. PROGRAM IMPACT: The Community Garden program has been an important part of enhancing and improving the Seacrest Boulevard corridor within the Heart of Boynton neighborhood area. Continuing the program with the City and property owners is an integral part of the redevelopment of this area of the City. Numerous neighborhood residents and groups use the garden plots in the community gardens. Those groups have included local residents, girl and Boy Scout troops, after school programs and the County's 4H Program who use the gardens as learning centers for the community. FISCAL IMPACT: The annual cost to the City to maintain the outside of the garden area is $7,390 (this is less the cost of Mr. Johnson's property). The maintenance cost is paid from the Forestry & Grounds, Ground Maintenance account #001-2730-572-46-98. S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC /~"".9P ,~ .. ( ",\ \ .!:r: 0\. ~ IV )-_. "~'''''' _"./<.7' L-' 1en" '" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ALTERNATIVES: Not to sign the amendment to the Lease Agreement and discontinue maintenance of the community garden areas and return all responsibility for the gardens to the property owners. 4~ / City Manager's Signature Assistant to City Manager ~ _\ ~ ---- City Attorney / Finance Neighborhood Services Department Name S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC 20 21 22 23 24 25 1 2 3 4 51 6 7 8 91 I 10 j , 11 I 12 131 RESOLUTION R08- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO LEASE AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY AND MARW AN GHALI, AND BLANCHE GIRTMAN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 21, 2005, the City entered into a Lease Agreement with Palm Beach County and property owners Marwan Ghali, Blanche Girtman and James Johnson, 14 Jr., to establish a Community Garden Program; and 15 WHEREAS, Palm Beach County is requesting to cancel the lease arrangements for 16 the Community Gardens as they no longer have the staff position nor the grant funding that 17 they had when the gardens were established; and 18 WHEREAS, the First Amendment to Lease Agreement is to release Palm Beach 19 County from all obligations under the lease; and WHEREAS, the City Staff recommends the approval of the two First Amendment to Community Garden Lease Agreements between the City of Boynton Beach, Palm Beach County and Marwan Ghali, and Blanche H. Girtman. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission, 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby authorize and direct the Mayor and City Clerk to execute two First Amendment to SICA \RESO\Agreements\Community Garden Leases Amendment.doc i I Community Garden Lease Agreements between the City of Boynton Beach, Palm Beach 2 County and Marwan Ghali, and Blanche H. Girtman, a copy of each Agreement is attached 3 hereto as Exhibit "A" and "B", respectively. 4 Section 3. This Resolution will become effective immediately upon passage. 5 PASSED AND ADOPTED this ___ day of ApriL 2008. 6 7 ClTY OF BOYNTON BEACH, FLORIDA 8 9 10 Mayor - Jerry Taylor 11 12 13 Vice Mayor - Jose Rodriguez 14 15 16 Commissioner - Ronald Weiland 17 18 19 Commissioner - Woodrow L. Hay 20 21 22 Commissioner - Marlene Ross 23 ATTEST: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 (Corporate Seal) 32 33 34 S\CA\RESO\AgreementsICommunity Gardcn Leases Amendmentdoc FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment") is made and entered into by MAR WAN GHALI and SUHAIR GHALI, property owners, hereinafter referred to as "Landlord", and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, County leases the Property from Landlord pursuant to the Lease Agreement between Landlord and County and City, dated September 13, 2005 (R2005- 1711) (the "Lease"): and WHEREAS, the parties desire to amend the Lease to provide for the assignment of County's rights and obligations under the Lease to City and to release County from all obligations under the Lease. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Terms not defined herein shall have the same meaning as ascribed to them in the Lease. 3. The Lease is hereby modified to assign all of County's rights and obligations under the Lease to City. By execution of this First Amendment, City accepts the assignment from County and assumes all of County's rights and obligations under the Lease. 4. The Lease is hereby modified to release County from all obligations under the Lease. By execution of this First Amendment, Landlord consents to County's assignment to City of its rights and obligations under the Lease, the assumption by City of County's rights and obligations under the Lease, and Landlord agrees that County is hereby released from the Lease and all obligations thereunder. 5. This First Amendment shall become effective upon execution by all parties and approval by the Palm Beach County Board of County Commissioners. 6. All other terms and conditions of the Lease remain unchanged. Page I of 3 A TT1<'I;;:T. rTTV. IN WITNESS WHEREOF. the Landlord, County, and City have executcd this First Amendment. or have caused the same to be cxecuted. as of the day and year first vvTitten above. WITNESS: / ,< /;'/ , ',- // // . / // ~, ';t/ 11 / ,~/ j' , ,~ 'J e~lt:. .Witness Signature (as to both) LANDLORD: l 4./), ~ M~rS:~ thah~ .i--------- , )1// /. t;. U/!'};~' Print Witness Namc '0 \" ~ ~ ). I 't---C~ -> '-, \._~. Witness Signature (as to both) ,~"Q!. Suhair Ghali ~ f\ \I \ C=-=-:-" L \ Print Witncss Name ArrEST: COUNTY: PALM BEACH COUNTY. a political subdivision of the State of Florida SHARON R. BOCK CLERK & COMPTROLLER By:~_~.~_~~_____ Deputy Clcrk By: Addie L. Greene, Chairperson APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS Assistant County Attorney Audrey Wolf, Director Facilities Development & Operations ATTEST: CITY: CITY OF BOYNTON BEACH By: City Clerk Mayor ano-- Tice of the City Attorney (City Seal) Signed and delivered in the presence of: Witness Name Print Witness Name Witness Name Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day of ,2007, before me personally appeared , Mayor, personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein. Notary Public, State of Florida Print Name Commission No. My Commission Expires: G:\Property Mgmt Section\Out Lease\Coop Extension SVC\GHALI\ 1st Amendment.004.HF app. 071107.FINAL.doc Page 3 of3 MLK Community Garden EXHIBIT "A" PROPERTY FRANK WEBER ADD W 39 FT OF L T 12 (LESS S 20 FT & TRGLR PT RD R/W) BLK 1 R 200 5 1711 SEPU. RoS-OilS ******************************************************************************** LEASE AGREEMENT between MARW AN GHALI and SUHAIR GHALI (Landlord) and PALM BEACH COUNTY, FLORIDA (County) and THE CITY OF BOYNTON BEACH (City) ****************************************************************************** G:\Property Mgmt Section\Out Lease\Coop Extension SVC\Lease. City Boynton Beach GhaJi HF Approved Revised 4.2S.0S.da: LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into , by and between MARW AN GHALI and SUHAIR GHALI property owners, hereinafter referred to as "Landlord" of 9333 Laurel Green Drive and 9327 Laurel Green Drive, Boynton Beach, Florida 33437 respectively, whose Social Security Number is 595-32-3143 and 589-14-3622, respectively, and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City", WIT N E SSE T H: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property" ); and WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose of developing community gardens through County's 4-H Youth Development Program; and WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch- Area of City Responsibility"), leased by Landlord to the County; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County and City to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Property upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property together with any improvements now existing or constructed hereinafter thereon. Section 1.02 Length of Term and Commencement Date. The term of this Lease shall commence on the February 5, 2005 (the "Commencement Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for successive one (1) year periods unless either the County or Landlord provides the other party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligations hereunder. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to the Landlord at the address specified in Section 15.04 herein. Section 2.02 Payment. County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or charged with Annual Rent. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of the 4-H.Community Garden Program. County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term of this Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Premises in order to conform therewith. Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. 3 Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon surrender ofthe Premises, title to any Alterations shall vest in Landlord. ARTICLE IV AL TERA TION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perform any improvements whatsoever to the Property . Section 4.02 (a)(l) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (a)(2) City's Work City shall be entitled to make Alterations with respect to the installation of irrigation and irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all City's Alterations installed on the Premises by city, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of City, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. Landlord shall not be liable for accidents caused by said improvements or accidents caused by increased activity on the Premises due to the Community Garden Program. (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, if required by such statute. In the event a construction lien is filed against the Premises in connection with any 4 work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall, at all times during the Tenn of this Lease, and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all improvements on the land including any fence that County may install which may surround the Premises and any improvements, additions, and alterations to the Premises, and County shall use all reasonable precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is responsible for the cost of the replacement heads. In the event that the City incurs costs for the replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the Director of the Cooperative Extension Service at the address set forth in Section 15.04(b). Section 5.02 Responsibility of the City of Boynton Beach. City shall be responsible for and shall maintain the area of the Premises outside the fenced portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent provided in Article XVI below, in the event that City fails to comply with the obligations contained herein. Section 5.03 Hazardous Substance Indemnification by Landlord Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. If said substance( s) exist, Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive genera1liability in the amount of One Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by 5 Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its employees' willful or negligent acts or omissions. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S ALTERATIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials of like kind and quality or better. The rental due hereunder relating to the portion of the Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE VIII UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been paid in full at the commencement ofthis Lease. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. City shall be responsible and pay for all water charges for water used or consumed in the operation of this Lease. ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion of the Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any 6 further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease Agreement. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of anyone or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice 7 prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use of the Premises. ARTICLE XII ANNUAL BUDGET ARY FUNDING/CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder are subject to and contingent upon annual budgetary funding by the City of Boynton Beach Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be relieved of all further obligations hereunder arising subsequent to such termination. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value of their respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the date oftermination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. 8 ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287. I 32-133, Landlord hereby certifies that neither Landlord nor employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date ofthe Term of this Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a). Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 15.04 Notices. All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice ifby personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if telecopier or fax, if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: 9 (a) If to the Landlord at: Marwan Ghali 9333 Laurel Green Drive Boynton Beach, Fl. 33437-3319 Fax 561- Suhair Ghali 9327 Laurel Green Drive Boynton Beach, Fl. 33437 Fax 561- (b) If to the County at: Palm Beach County Cooperative Extension Service 559 North Military Trail West Palm Beach, Florida 33415 Attn: Audrey Norman Fax 561-233-1761 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax 561-233-0210 Telephone 561-233-0217 (c) If to the City at: City of Boynton Beach 100 E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Fl. 33425-0310 Attn.: Dan DeCarlo, Director of Development Fax 561-742-6285 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each ofthe parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term ofthis Lease, or the application thereofto any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such tenn to 10 persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each tenn of this Lease shall be valid and enforceable to the fullest extent pennitted by law. Section 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 15.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. Section 15.13 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County's public health unit. Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 11 Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement Section 15.16 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it. In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 15.17 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 15.18 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. ARTICLE XVI INDEMNITY Landlord shall protect, defend, reimburse and indemnify and hold hannless County and the City, their agents, employees and elected officers hannless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind and character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of Landlord. County acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the County to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of County while acting within the scope of the employee's office or employment under such circumstances in which the County, if a private person, would be liable under the general laws of this State. 12 City shall be liable for its own actions and negligence and shall indemnify and hold harmless the County against any actions, claims, or damages arising out of City's negligent, willful or intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County for County's negligence, willful, or intentional acts or omissions. (REMAINDF;R OF PAGE INTENTIONALLY LEFT BLANK) 13 IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. WITNESS: ~K Witness Signature ... ~ ,As to both ~~'-~\ G~~( ~~~ Witness Signature As to both ~,~\ C~e~~ Print Witness Name WITNESS: SHARON R. BOCK, CLERK & COMPTROLLER ",......""",,,,,, ~$'...~ UN T )' 111\1'1 ,::-,.,0 ........ () I111 .# ~..,.. .......0 1'1 .e~. .' . ""_', l~O...../ &\ lA 8~ "'~/~ ., : """.. ...,,~ '.? 'l. ~ . ...... ~ : Ou .. :(J)~ y 'CI)~ :: ~ ... /01 1,,0.... ,''h.~ff 'I'. .' ,?.: "'6' ..._......c.~\..: " * -ov~ ."\\ ~~..:..~ \\\\",,,,,,,,,,,....-: APPROVED AS TO FORM AND LEGAL SUFFICIENCY " LANDLORD: / / ~ ~~'O~A Suhair Ghali COUNTY: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida ~~ Tony M Botti, hainnan R 2005 t 7 t 1 ffP n2UI APPROVED AS TO TERMS AND ::~~ Wo~ . Departm t Dir<:<ltor . . 14 ~m. Ci Clerk APPROVED AS TO FORM: _Q (}jGt, tDltJ~S: Office of the City Attorney . ~ A TrEST: Signed and delivered in the presence of: ~6l~ . . ~~ Itness Name :::/Z{ () / -/-I A- . ~Yt- L- Print Witness Natl}9 (. . ~~ "W. . /' 1 / STATE OF FLORIDA COUNTY OF PALM BEACH I HERBY CERTIFY that on this ;< ~ day of .Tu..~ 2005, before me personally appeared n~tcF /11'CrNj) VI,'-e !l1,~,,\r , personally known to me or who produced as identification and who did ( ) did not H1:ake an oath and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein. '-':;~U'C~__!::: ~ ./ Notary Public, State of Florida , S (,/JIJ ftv' C 6 t. l. I IV I Print Name Commission No. My Commission Expires: 15 ~~ '. ~:~~ ! - -..-..... I..................~~ ~~ a.- ....~......J.::.I SCHEDULE OF EXHIBITS EXHIBIT " A" - LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY RESPONSmILITY 16 EXHIBIT" A" LEGAL DESCRIPTION OF THE "PROPERTY" THE WEST 39' OF LOT 12, LESS SOUTH 20' AND A TRIANGULAR PART FOR ROAD RIGHT-OF-WAY, BLOCK 1, FRANK WEBBER ADDITION TO BOYNTON, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 9, PAGE 3 AS RECORDED IN OFFICIAL RECORD BOOK 8303, PAGE 692 OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. PROPERTY CONTROL NO. 08-43-45-21-25-001-0121 17 , ' EXHIBIT "B" PROPERTY SKETCH-AREA OF CITY RESPONSmILITY / / / / / / / / / / / / / / /. r / // / / / ~ / / / . / / / \~./- /. . . " . / / :~ - :.'. / / / / !~. : / ./ / / ~i / , ~~.u; 11.f!S{" / , / / ~: - / / ~.. ,. /. / .~.._.. / - s' / ::\>: 70. / / \;)' / / / /. / / '/ / / / / / -. ;/ / / / / / / / // / /' / / / / ~ / / / / '13' / / ' 7 / / / / '00 F-t lff, Ft :/ . .,,1 . ',i /- / / / / / / / 7 / / / / / / / 7 / / / / / / / / / f)Q., MA-F'-r-INLII7HeR f4q/VG JR BL.VO 17 61 P-TMAN . Gt1ALI PROP.e ~TI.eS N f ~= APEA OF C \T; - . QesPoNSCB C::: ~E~ OF covtJ1'{ RESfONSIBlllT FIRST AMENDMENT TO ~'EASE AGREEMENT .---- '" "- THIS FIRST AMENDMENT TO LEASE 1\GREEMENT (the "First Amendment") is made and entered into I by BLANCHE H. GIRTMAN. property owner, hereinafter referred to as "Landlord", and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"): and WHEREAS, County leases the Property from Landlord pursuant to the Lease Agreement between Landlord and County and City, dated September 13, 2005 (R2005- 1713) (the "Lease"); and WHEREAS, the parties desire to amend the Lease to provide for the assignment of County's rights and obligations under the Lease to City and to release County from all obligations under the Lease. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sut1iciency of which is hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Terms not defined herein shall have the same meaning as ascribed to them in the Lease. 3. The Lease is hereby modified to assign all of County's rights and obligations under the Lease to City. By execution of this First Amendment, City accepts the assignment from County and assumes all of County's rights and obligations under the Lease. 4. The Lease is hereby modified to release County from all obligations under the Lease. By execution of this First Amendment, Landlord consents to County's assignment to City of its rights and obligations under the Lease, the assumption by City of County's rights and obligations under the Lease, and Landlord agrees that County is hereby released from the Lease and all obligations thereunder. 5. This First Amendment shall become effective upon execution by all parties and approval by the Palm Beach County Board of County Commissioners. 6. All other terms and conditions of the Lease remain unchanged. Page I of3 IN WITNESS WHEREOF, the Landlord, County, and City have executed this First Amendment or have caused the same to be executed, as of the day and year first written above. LANDLORD: - I J)~U-O-0 ! B anche H. Girtman' .-- Witness Signature Print Witness Name ATTEST: COUNTY: PALM BEACH COUNTY, a political subdivision of the State of Florida SHARON R. BOCK CLERK & COMPTROLLER By: By: --~_._~---~~---~~---_._'~._-------~ Deputy Clerk Addie L Greene, Chairperson APPROVED AS TO FORM AND LECjAL SUFFICIENCY APPROVED AS TO TERMS :\ND CONDITIONS - ------~~_._.._-_.~._~~---- --_._--,_.----~~_.~~-~._--_._--_..-_......- Assistant County Attorney Audrey Wolf. Director Facilities Development & Operations Page :2 or 3 ATTEST: CITY: CITY OF BOYNTON BEACH By: City Clerk Mayor fYi/ROVED AS TO FORM: 6fj~t~O- (City Seal) Signed and delivered in the presence of: Witness Name Print Witness Name Witness Name Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH I HEREB Y CERTIFY that on this day of , 2007, before me personally appeared , Mayor, personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein. Notary Public, State of Florida Print Name Commission No. My Commission Expires: G:\PropeI1y Mgmt Section\Out Lease\Coop Extension SVC\GlRTMAN\lst Amendment.002.HF app.071107.FlNAL.doc Page 3 of3 EXHIBIT "A" PROPERTY FRANK WEBER ADD LT 11 & E 11 FT OF LT 12 (LESS S 20 FT R/W ] OJ'll AVE) BLK 1 MLK Community Garden R 2005 1713 SEP 13211& ~05"-oq8 ******************************************************************************** LEASE AGREEMENT between BLANCHE H. GIRTMAN (Landlord) and PALM BEACH COUNTY, FLORIDA (County) and THE CITY OF BOYNTON BEACH (City) ****************************************************************************** G:\Propeny Mgmt Scction\Out Lease\Coop Extension SVC\Lease. City Boynton Beacb Girtman !iF Approved Revised 04.2S.06.doc R2005 1713 LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into SEP 13 ~ , by and between BLANCHE H. GIRTMAN property owner, hereinafter referred to as "Landlord" of9] 2 N.W. 3rd Street, P.O. Box 1552, Boynton Beach, Florida 33425-1552, nd PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at North Seacrest Boulevard, Boynton Beach, Florida 33436" which property is legally described in Exhibit "A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose of developing community gardens through County's 4-H Youth Development Program_; and WHEREAS, City has agreed to assume the responsibility for maintenance of certain areas of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-Area of City Responsibility"), leased by Landlord to the County; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County and City to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Property upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property together with any improvements now existing or constructed hereinafter thereon. 2 Section 1.02 Length of Term and Commencement Date. The term of this Lease shall commence on the February 5, 2005 (the "Commencement Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term of this Lease shall be automatically renewed for successive one (1) year periods unless either the County or Landlord provides the other party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligations hereunder. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to the Landlord at the address specified in Section 15.04 herein. Section 2.02 Payment. County is a tax-exempt entity as is evidenced bytaxexemption#60-2211419753 C. No sales or use tax. shall be included or charged with Annual Rent. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of the 4- H Community Garden Program:, County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term of this Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Premises in order to conform therewith. 3 Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon surrender ofthe Premises, title to any Alterations shall vest in Landlord. ARTICLE IV ALTERATION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perfonn any improvements whatsoever to the Property. Section 4.02 (a)(l) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (a)(2) City's Work. City shall be entitled to make Alterations with respect to the installation of irrigation and irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise, shall be perfonned and accomplished solely for the benefit and convenience of City, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. Landlord shall not be liable for accidents caused by said improvements or accidents caused by increased activity on the Premises due to the Community Garden Program. 4 (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, if required by such statute. In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall, at all times during the Term of this Lease, and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all improvements on the land including any fence that County may install which may surround the Premises and any improvements, additions, and alterations to the Premises, and County shall use all reasonable precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler heads inside the fenced in area is the responsibility ofthe City pursuant to Section 5.02, County is responsible for the cost of the replacement heads. In the event that the City incurs costs for the replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the Director of the Cooperative Extension Service at the address set forth in Section 15.04(b). Section 5.02 Responsibility of the City of Boynton Beach. City shall be responsible for and shall maintain the area of the Premises outside the fenced portion of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent provided in Article XVI below, in the event that City fails to comply with the obligations contained herein. Section 5.03 Hazardous Substance Indemnification by Landlord Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. If said substance(s) exist, Landlord shall promptly remove said substance(s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. 5 ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk ofthe County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents' , or its employees' willful or negligent acts or omissions. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S AL TERA TIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term ofthis Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials oflike kind and quality or better. The rental due hereunder relating to the portion ofthe Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE VIII UTILITIES AND SERVICES 6 Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been paid in full at the commencement of this Lease. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. City shall be responsible and pay for all water charges for water used or consumed in the operation of this Lease. ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion ofthe Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the tenns of this Lease Agreement. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of any one or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to tenninate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Tenn of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any tenn, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day 7 period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that the County intends to terminate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use of the Premises. ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County. Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder are subject to and contingent upon annual budgetary funding by the City of Boynton Beach Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be relieved of all further obligations hereunder arising subsequent to such termination. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION 8 If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value oftheir respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring subsequent to the date oftermination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided. in this Article, the Rent payable hereunder shall be prorated. to the date of termination. County will be allowed. not less than sixty (60) days notice to remove its property from the Premises. ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord nor employees, who will perform hereunder, have been placed. on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preced.ing the Effective Date of the Term of this Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a). Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them. Section 15.04 Notices. All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service 9 (provided in each case a receipt is obtained),telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice ifby personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non-business day, or ifmailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) If to the Landlord at: Blanche H. Girtman 912 N. W. 3rd Street P. O. Box 1552 Boynton Beach, Fl. 33425-1552 Fax 561- (b) If to the County at: Palm Beach County Cooperative Extension Service 559 North Military Trail West Palm Beach, Florida 33415 Attn: Audrey Norman Fax 561-233-1761 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax 561-233-0210 Telephone 561-233-0217 ( c) If to the City at: City of Boynton Beach 100 E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Fl. 33425-0310 10 Attn.: Dan DeCarlo, Director of Development Fax 561-742-6285 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. Section 15.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. 11 Section 15.13 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County's public health unit Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement Section 15.16 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting ofthis document to arrive at a final Agreement Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect Section 15.17 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. Section 15.18 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. ARTICLE XVI INDEMNITY Landlord shall protect, defend, reimburse and indemnify and hold hannless County and the City, their agents, employees and elected officers harmless from and against all claims, liability, 12 expense, loss, cost, damages or causes of action of every kind and character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of Landlord, County acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the County to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of County while acting within the scope of the employee's office or employment under such circumstances in which the County, if a private person, would be liable under the general laws of this State. City shall be liable for its own actions and negligence and shall indemnify and hold harmless the County against any actions, claims or damages arising out of City's negligent, willful or intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County for County's negligence, willful, or intentional acts or omissions. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) 13 IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. WITNESS: ~~:= r{~ ~LANCHE H. GIRTMAN ])~ C 3)~CO-..Ro Witness Signature ~",:-Q... \ c.. ~ e CQ, \:\ 0 :~:~~ ZBam!:lfiZ hi! ~/I WITNESS: SHARON R. BOCK CLERK & COMPTROLLER APPROVED AS TO FORM AND LEGAL SUFFICIENCY By. ~~ Assistan C nty Attorney COUNTY: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida APPROVED AS TO TERMS AND CONDITIONS BY:~ ~~Wl~ Department rector \ 14 A TrEST: C1~r~ Yn ~ Ci Clerk APP:OVED AS TO FORM: ~@jUl~~ Office of the City Attorney Signed and delivered in the presence of: ~~~ ':_ ,~.~' L(--'~. .~ /1t/IJ/TII- ft. ~4/r'Lj;, Print Witness Name ? e-l~ ",,- // ,_..' ~..p.cj../,<~ Print Witness Name 1 ~ )y~/t5Ij STATE OF FLORIDA COUNTY OF PALM BEACH I HERBY CERTIFY that on this ~ r day of ,J I..<.. n€- 2005, before me personally appeared {lri a.ct:- /\:1 C[(tlY I Vie -e A1t\.Yv r , ~nally known to me or who produced as identification and who did ( ) did not H take an oath and who executed the foregoing instrument and acknowledged before that he executed the same for the purposes therein. r-- " /' /) // ' =-~~ ':~aA- ~,J Notll!Y..P,!bl~c} State of Flopda _ .~ LIJ/!!V (' 0 I.. {, ( (11 J Print Name Commission No. My commission Expires: 15 cou...... 8 CaIMIIDIH -v- --.""" ~ ~ ..,..,.. tw lIDGIl1. 1IS4 :...f:!" FIadlIII .-.n.. InC :. ,.. ............................ SCHEDULE OF EXHIBITS EXHIBIT " A" - LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY RESPONSIBILITY 16 EXHIBIT" A" LEGAL DESCRIPTION OF THE "PROPERTY" LOT 11, AND EAST 11 FEET OF LOT 12, FRANK WEBBER ADDITION TO BOYNTON BEACH, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 9, PAGE 3, AS RECORDED IN OFFICIAL RECORD BOOK 788, PAGE 389, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. PROPERTY CONTROL NO. 08-43-45-21-25-001-0110 17 . ' , ' EXHIBIT "B" PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY / / / / / / / / / / / / / / / / / / -/ / / / / / / / / / / / / / ./. /- I. / / / \1\ ,'. / T'(. ..1, / / ::!:1 ' / f'\ / / ~ / / .~., ., l'4,s{ / ' / /'. / ~. / ~... / / ~.../ / :s; / ~., ../ / \J' / / / / / / / / / / / \ 00 Ft 'I' Ft J . J /- / / / / / / / / / / / / / / / / / / / / / / // / / . / f)I<, MA-1<-71N Lv1tfeR f.4/'1G :It< BLvD l7 6 I P-TtJ\AN ~ GttALI PI<QP.e p.. T I-€'S N f ~= AREA oF- ell'-{ ReSPoN$rp' '-1 (] = At2EF\ of cov t-J1'{ RESR;ltJ>1 BIL\1" FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (the "First Amendment") is made and entered into by JAMES JOHNSON, JR., property owner, hereinafter referred to as "Landlord", and PALM BEACH COUNTY, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at 913 North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and WHEREAS, County leases the Property from Landlord pursuant to the Lease Agreement between Landlord and County and City, dated September 13, 2005 (R2005- 1712) (the "Lease"); and WHEREAS, the parties desire to amend the Lease to provide for the assignment of County's rights and obligations under the Lease to City and to release County from all obligations under the Lease. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. Terms not defined herein shall have the same meaning as ascribed to them in the Lease. 3. The Lease is hereby modified to assign all of County's rights and obligations under the Lease to City. By execution of this First Amendment, City accepts the assignment from County and assumes all of County's rights and obligations under the Lease. 4. The Lease is hereby modified to release County from all obligations under the Lease. By execution of this First Amendment, Landlord consents to County's assignment to City of its rights and obligations under the Lease, the assumption by City of County's rights and obligations under the Lease, and Landlord agrees that County is hereby released from the Lease and all obligations thereunder. 5. This First Amendment shall become effective upon execution by all parties and approval by the Palm Beach County Board of County Commissioners. 6. All other terms and conditions of the Lease remain unchanged, Page I of3 IN WITNESS WHEREOF, the Landlord, County, and City have executed this First Amendment, or have caused the same to be executed, as of the day and year first written above. WITNESS: LANDLORD: Witness Signature James Johnson, Jr. Print Witness Name Witness Signature Print Witness Name ATTEST: COUNTY: PALM BEACH COUNTY. a political subdivision of the State of Florida SHARON R. BOCK CLERK & COMPTROLLER By: By: Deputy Clerk Addie L. Greene, Chairperson APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS Assistant County Attorney Audrey Wolf, Director Facilities Development & Operations Page 2 of 3 ATTEST: CITY: CITY OF BOYNTON BEACH By: City Clerk Mayor APPROVED AS TO FORM: Office of the City Attorney (City Seal) Signed and delivered in the presence of: Witness Name Print Witness Name Witness Name Print Witness Name STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day of ,2007, before me personally appeared , Mayor, personally known to me or who produced as identification and who did ( ) did not ( ) take an oath and who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein. Notary Public, State of Florida Print Name Commission No. My Commission Expires: G:\Property Mgmt Section\Out Lease\Coop Extension SYC\JOHNSON\ 1st Amendment.002.HF app.071107.FINAL.doc Page 3 of3 EXHIBIT" A" PROPERTY BOYNTON HILLS LTS 132 & 135 TO 138 INC BLK D Fruit Tree Garden R2005 1712 SEP13- R05-0Q 8 ******************************************************************************** , LEASE AGREEMENT between JAMES JOHNSON, JR. (Landlord) and PALM BEACH COUNTY, FLORIDA (County) and THE CITY OF BOYNTON BEACH (City) ****************************************************************************** O:,,-~~~_SV~Oly___J_..~_..23.OS.tilc: R2005 !712 LEASE AGREEMENT mIS LEASE AGREEMENT, made and entered into SEP 13 · . by and between JAMES JOHNSON, JR. property owner, hereinafter referred to as "Landlord" of533 NW 13th Avenue, Boynton Beach, Florida 33435-3067, and PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, on behalf of the Cooperative Extension Services Department, hereinafter referred to as "County", and the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "City". WIT N E SSE T H: WHEREAS, Landlord is the owner of certain real property in Palm Beach County, Florida, located at 913 North Seacrest Boulevard, Boynton Beach, Florida 33435, which property is legally described in Exhibit" A" attached hereto and by reference made a part hereof (the "Property"); and WHEREAS, the County desires to lease the Property as hereinafter defined for the purpose of developing community gardens through County's 4-H Youth Development Program; and WHEREAS, City has agreed to asswne the responsibility for maintenance of certain areas of the Property, as depicted on Exhibit "B" attached hereto and made a part hereof ("Property Sketch-Area of City Responsibility), leased by Landlord to the County; and WHEREAS, Landlord is willing to lease the Property to the County for the purposes hereinafter defined. NOW THEREFORE, in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the County and City to be observed and performed, the Landlord demises and leases to County, and the County rents from Landlord the Property upon the following terms and conditions: ARTICLE I BASIC LEASE PROVISIONS Section 1.01 Premises. The Premises subject to this Lease shall consist of the Property together with any improvements now existing or constructed hereinafter thereon. 2 Section 1.02 Length of Term and Commencement Date. The term of this Lease shall commence on the March 11, 2005 (the "Commencement Date"), and shall extend for a period of one (1) year thereafter (the "Term"), unless sooner terminated pursuant to the provisions of this Lease. The term ofthis Lease shall be automatically renewed for successive one (1) year periods unless either the County or Landlord provides the other party with notice of its intent not to renew this Lease at least sixty (60) days prior to the expiration of the current Term of this Lease. Additionally, either County, City or Landlord may cancel this Lease for any reason whatsoever upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligations hereunder. ARTICLE II RENT Section 2.01 Annual Rent. County shall pay Landlord for the use and occupancy of the Premises an annual gross rental of One Dollar($1.00). This Lease is intended to be a "gross" lease and County's obligations hereunder shall be limited to those specifically set forth herein. All rental payments shall be made to the Landlord at the address specified in Section 15.04 herein. Section 2.02 Payment. County is a tax-exempt entity as is evidenced by tax exemption #60-2211419753 C. No sales or use tax shall be included or charged with Annual Rent.. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY COUNTY Section 3.01 Use of Premises. The Premises shall be used for the establishment and operation of the 4-H Community Garden Program. County shall not use, permit, or suffer the use of the Premises for any other purpose whatsoever without the prior written consent of Landlord which consent shall not be unreasonably withheld. County's obligations under this Lease are contingent upon such use of the Premises being in compliance with all applicable zoning laws, rules, and regulations affecting the Premises. Section 3.02 Conduct. County shall not commit waste upon the Premises, nor maintain, commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for any unlawful purpose. County acknowledges that its employees and the Premises shall, throughout the Term of this Lease, be in full compliance with all federal, state, county, and local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises, provided County shall not be required to make alterations, additions, or improvements to the Premises in order to conform therewith. 3 Section 3.03 Hazardous Substances. County shall comply with all applicable Federal, State and local laws, regulations and ordinances protecting the environment and natural resources and regulating hazardous substances. Section 3.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease, County, at its sole cost and expense, shall remove County's personal property and removable fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord, Upon surrender ofthe Premises, title to any Alterations shall vest in Landlord. ARTICLE IV AL TERA TION OF LEASED PREMISES Section 4.01 Landlord's Work. Landlord shall not be obligated or required to perform any improvements whatsoever to the Property. Section 4.02 (a)(l) County's Work. County shall be entitled to make alterations, improvements, or additions to the Premises consistent with the use as a community garden program, (hereinafter, collectively' Alterations") at its sole cost and expense. County agrees and acknowledges that all County's Alterations installed on the Premises by County, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of County, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision of this Lease. All work done by County in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. (a)(2) City's Work. City shall be entitled to make Alterations with respect to the installation of irrigation and irrigation meters on the Premises at its sole cost and expense. City agrees and acknowledges that all City's Alterations installed on the Premises by City, whether pursuant to this Section or otherwise, shall be performed and accomplished solely for the benefit and convenience of City, and not for the benefit of Landlord, such Alterations being nevertheless subject to each and every provision ofthis Lease. All such work done by City in connection with any Alterations, repairs, and maintenance on the Premises shall be done in a good and workmanlike manner. Landlord shall not be liable for accidents caused by said improvements or accidents caused by increased activity on the Premises due to the Community Garden Program. 4 (b) Construction Liens. Landlord and County shall comply with the Construction Lien Law, Florida Statutes Chapter 713, Part I, in the construction of any improvements to the Premises and shall obtain a public construction performance bond in accordance with Florida Statutes section 255.05, ifrequired by such statute. In the event a construction lien is filed against the Premises in connection with any work performed by or on behalf of the Landlord or County, the party performing such work shall promptly cause such lien to be removed from the Premises. ARTICLE V REPAIRS AND MAINTENANCE OF PREMISES Section 5.01 Responsibility of County. County shall, at all times during the Term of this Lease, and at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition, all improvements on the land including any fence that County may install which may surround the Premises and any improvements, additions, and alterations to the Premises, and County shall use all reasonable precautions to prevent waste, damage or injury to the Premises. While the replacement of sprinkler heads inside the fenced in area is the responsibility of the City pursuant to Section 5.02, County is responsible for the cost of the replacement heads. In the event that the City incurs costs for the replacement of sprinkler heads, City shall submit invoices for reimbursement to the attention of the Director of the Cooperative Extension Service at the address set forth in Section 15.04(b). Section 5.02 Responsibility of the City of Boynton Beach. City shall be responsible for and shall maintain the area of the Premises of the garden as depicted on Exhibit "B" attached hereto and made a part hereof, and, shall be responsible for the irrigation of the entire Premises. City shall indemnify County, to the extent provided in Article XVI below, in the event that City fails to comply with the obligations contained herein. Section 5.03 Hazardous Substance Indemnification by Landlord. Landlord hereby represents and warrants to County that there is not located in, on, upon, over, or under the Premises: (i) asbestos in any form; (ii) urea formaldehyde foam insulation; (iii) polychlorinated biphenyls; or (iv) any other chemical, material, or substance which is prohibited, limited, or regulated by federal, state, county, regional, or local authority. Ifsaid substance(s) exist, Landlord shall promptly remove said substance( s) at Landlord's sole cost and expense. County shall be fully responsible for any pollutants, odors, vapors, chemicals, and the like emitted by County's own furniture, fixtures, office machines, and equipment. ARTICLE VI INSURANCE Section 6.01 Liability Insurance. County shall, during the entire Term hereof, provide Landlord with a certificate evidencing self-insurance coverage for comprehensive general liability in the amount of One Hundred Thousand 5 Dollars ($100,000) per person and Two Hundred Thousand Dollars ($200,000) per incident or occurrence and Workers' Compensation insurance covering all employees in accordance with Chapter 440 Florida Statutes. In the event the Legislature should change the County's exposure by Statute above or below the sums insured against, the County shall provide insurance to the extent of that exposure. Section 6.02 Personal Property. All of County's personal property placed or moved in the Premises shall be at the risk of the County or the owner thereof. Except as otherwise provided herein, Landlord shall not be liable for any damage to such personal property, except to the extent caused by the Landlord, its agents', or its employees' willful or negligent acts or omissions. ARTICLE VII DAMAGE OR DESTRUCTION OF PREMISES AND/OR COUNTY'S ALTERATIONS In the event the Premises shall be destroyed or so damaged or injured by fire or other casualty during the Term of this Lease, or any extension thereof, whereby the same shall be rendered untenable, in whole or in part, County shall have the right to terminate this Lease, whereupon the parties shall be relieved of all further obligations hereunder occurring subsequent to the date of such casualty. In the event the County elects to terminate this Lease as provided in this Section, the Annual Rent payable hereunder shall be prorated to the date of the casualty. In the event County does not exercise its right to terminate this lease due to any such casualty, Landlord shall promptly commence restoration of the Premises and diligently pursue such restoration to completion using materials oflike kind and quality or better. The rental due hereunder relating to the portion of the Premises render untenable shall be abated from the date of such casualty until completion of such restoration. ARTICLE VIII UTILITIES AND SERVICES Landlord shall provide water, sewer, electricity, and gas to the Premises boundary, at Landlord's sole cost and expense. Landlord warrants that all utility accounts and bills have been paid in full at the commencement ofthis Lease. County shall be solely responsible for and promptly pay directly to the utility company or the provider of such service all charges or assessments for gas, electricity, trash collection and removal and any other utility used or consumed by County. Landlord shall not be liable for an interruption or failure in the supply of such service to the Premises resulting from a failure of the utility company to provide service to the Premises. City shall be responsible and pay for all water charges for water used or consumed in the operation of this Lease. 6 ARTICLE IX ASSIGNMENT AND SUBLETTING County may not assign, mortgage, pledge, or encumber this Lease in whole or in part, nor sublet all or any portion ofthe Premises, without Landlord's prior written consent, which shall not be unreasonably withheld. In the event of an approved assignment, County shall be released from any further obligation hereunder. Any sale, mortgage, pledge, or encumbrance of the Property by Landlord shall be subject to the terms of this Lease Agreement. ARTICLE X DEFAULT Section 10.01 Default by County. The occurrence of anyone or more of the following shall constitute an Event of Default by County under this Lease: (i) failure by County to pay the Annual Rent within fifteen (15) days after receipt of notice from Landlord; (ii) failure by County to perform or observe any of the agreements, covenants, or conditions contained in this Lease on County's part to be performed or observed for more than thirty (30) days after notice from Landlord of such failure; (iii) County's vacating or abandoning the Premises; or (iv) County's leasehold estate being taken by execution, attachment, or process of law. If any Event of Default occurs, then, at any time thereafter while the Event of Default continues, Landlord shall have the right to give County notice that Landlord intends to terminate this Lease upon a specified date not less than thirty (30) days after the date notice is received by County, and this Lease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Tenn of this Lease. If, however, the default is cured within such period or within a reasonable period thereafter if the same cannot be cured within such period and County undertake such cure within such period and the Landlord is so notified, this Lease will continue. Section 10.02 Default by Landlord. Landlord shall be in default of this Lease if Landlord shall fail to observe or perform any term, covenant, or condition of this Lease on the Landlord's part to be observed or performed, and the Landlord fails to remedy the same within thirty (30) days after notice from County. In the event the default is of such a nature that it cannot be reasonably cured within the foregoing thirty (30) day period, Landlord shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Landlord diligently proceeds with the curing of the default. In the event that the default is not cured by Landlord within the foregoing time period, County, at County's option, may either cure said default and Landlord shall reimburse County for all expenses incurred by County in doing so, or County may give to the Landlord a thirty (30) days notice specifying that the County intends to tenninate this Lease. Upon receipt of said notice and expiration of the thirty (30) day period, this Lease and all obligations of County hereunder shall terminate and County shall thereupon be relieved of all further obligations hereunder. 7 ARTICLE XI ACCESS BY LANDLORD Landlord and Landlord's agents and employees shall have the right to enter upon the Premises at all reasonable times to examine the same, and to make any repairs which may be required or permitted hereunder. Landlord shall provide County with twenty four (24) hours advance notice prior to exercising such right except in an emergency in which event no notice shall be required and shall exercise such right in a manner which minimizes the impact upon County's use of the Premises. ARTICLE XII ANNUAL BUDGETARY FUNDING/CANCELLATION This Agreement and all obligations of County hereunder are subject to and contingent upon annual budgetary funding by the Board of County Commissioners of Palm Beach County, Notwithstanding anything in this Lease to the contrary, County shall have the right to cancel this Lease for any reason upon sixty (60) days prior written notice to the other parties, whereupon the parties shall be relieved of all further obligation hereunder. Further, all obligations of City hereunder are subject to and contingent upon annual budgetary funding by the City of Boynton Beach Commission, and, City shall have the right to cancel its obligations under this Lease for budgetary reasons upon sixty (60) days prior written notice to the other parties, whereupon City shall be relieved of all further obligations hereunder arising subsequent to such termination. ARTICLE XIII QUIET ENJOYMENT Upon the observance and performance of all the covenants, terms, and conditions on County's part to be observed and performed, County shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised and any extensions thereof without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through, or under the Landlord, subject, nevertheless, to the terms and conditions of this Lease. ARTICLE XIV CONDEMNATION If all or part of the Premises shall be taken, condemned or conveyed pursuant to agreement in lieu of condemnation for public or quasi public use, the entire compensation or award therefore, including any severance damages, shall be apportioned between Landlord and County in proportion to the value oftheir respective interests and the rent shall be recalculated effective upon the date of vesting of title in the condemning authority to reflect the reduction in the Premises. County shall also be entitled to receive compensation for the value of any Alterations or other improvements made by County to the Premises and moving expenses. In addition, County may elect to terminate this Lease in which event this Lease shall terminate effective as of the date title is vested in the condemning authority, whereupon the parties shall be relieved of all further obligations occurring 8 subsequent to the date oftermination other then those relating to apportionment of the compensation for such condemnation. In the event the County elects to terminate this Lease as provided in this Article, the Rent payable hereunder shall be prorated to the date of termination. County will be allowed not less than sixty (60) days notice to remove its property from the Premises. ARTICLE XV MISCELLANEOUS Section 15.01 Waiver, Accord and Satisfaction. The waiver by Landlord of any default of any term, condition, or covenant herein contained shall not be a waiver of such term, condition, or covenant, or any subsequent default of the same or any other term, condition, or covenant herein contained. The consent or approval by Landlord to or of any act by County requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent similar act by County. Section 15.02 Public Entity Crimes. As provided in Florida Statutes 287.132-133, Landlord hereby certifies that neither Landlord nor employees, who will perform hereunder, have been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) month period immediately preceding the Effective Date ofthe Term of this Lease. This certification is required pursuant to Florida Statues 287.133 (3)(a), Section 15.03 Entire Agreement. This Lease and any Exhibits attached hereto constitute all agreements, conditions, and understandings between Landlord and County concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition to this Lease shall be binding upon Landlord or County unless reduced to writing and signed by them, Section 15.04 Notices. 9 All notices, consents, approvals, and elections (collectively, "notices") to be given or delivered by or to all parties hereunder shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service, or national overnight delivery service (provided in each case a receipt is obtained), telecopied or faxed, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice ifby personal delivery, courier services, or national overnight delivery service, or on the date of transmission with confirmed answer back iftelecopier or fax if transmitted before 5PM on a business day and on the next business day if transmitted after 5PM or on a non-business day, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non-deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: (a) If to the Landlord at: James Johnson, Jr. 533 N. W. 13th Avenue Boynton Beach, Fl. 33435-3067 Fax 561- -- (b) If to the County at: Palm Beach County Cooperative Extension Service 559 North Military Trail West Palm Beach, Florida 33415 Attn: Audrey Norman Fax 561-233-1761 with a copy to: Property and Real Estate Management Division Attn: Director 3200 Belvedere Road, Building 1169 West Palm Beach, FL 33406-1544 Fax 561-233-0210 Telephone 561-233-0217 10 (c) If to the City at: City of Boynton Beach 100 E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Fl. 33425-0310 Attn.: Dan DeCarlo, Director of Development Fax 561-742-6285 Any party may from time to time change the address to which notice under this Lease shall be given such party, upon three (3) days prior written notice to the other parties. Section 15.05 Brokers' Commission. Each of the parties represents and warrants to the other that they have not dealt with any real estate salesperson, agent, finder, or broker in connection with this Lease. Section 15.06 Severability. If any term of this Lease, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application or such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. Section 15.07 Captions. The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. Section 15.08 Recording. County shall be entitled to record this Lease or a Memorandum of Lease in the public records of Palm Beach County for the purpose of providing public notice of County's interest in the Premises. Section 15.09 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH THIS LEASE. Section 15.10 Governing Law and Venue. This Lease shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in a state court of competent jurisdiction in Palm Beach County. 11 Section 15.11 Time of Essence. Time is of the essence with respect to the performance of every provision of this Lease in which time of performance is a factor. Section 15.12 Benefit and Binding Effect. This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives, and assigns of the parties hereto. Section 15.13 Radon. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from County's public health unit. Section 15.14 Non-Exclusivity of Remedies. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 15.15 Non-Discrimination. The parties agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, or sexual orientation be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement Section 15.16 Construction. No party shall be considered the author of this Agreement since the parties hereto have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to the other party based upon who drafted it In the event that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent jurisdiction to be invalid, such shall not effect the remaining portions of this Agreement and the same shall remain in full force and effect. Section 15.17 Incorporation by References. Exhibits attached hereto and referenced herein shall be deemed to be incorporated into this Agreement by reference. 12 Section 15.18 Effective Date of Agreement. This Agreement is expressly contingent upon the approval of the Palm Beach County Board of County Commissioners, and shall become effective only when signed by all parties and approved by the Palm Beach County Board of County Commissioners. ARTICLE XVI INDEMNITY Landlord shall protect, defend, reimburse and indemnify and hold harmless County and the City, their agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind and character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising from the acts or omissions of Landlord. County acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the County to recover damages in tort for money damages up to the amounts set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of County while acting within the scope of the employee's office or employment under such circumstances in which the County, if a private person, would be liable under the general laws of this State. City shall be liable for its own actions and negligence and shall indemnify and hold harmless the County against any actions, claims or damages arising out of City's negligent, willful or intentional acts or omissions in connection with this Lease. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by the City to indemnify the County for County's negligence, willful, or intentional acts or omissions. (REMAINDER OF PAGE INTENTIONALLY LEFf BLANK) 13 IN WITNESS WHEREOF, Landlord, City and County have executed this Lease, or have caused the same to be executed, as of the day and year first above written. WITNESS: WITNESS: SHARON R. BOCK, CLERK & COMPTROLLER ~ . ~~:-. ._~ IIV"~" .'~~'E II11 _ "'" ,"'f"_"V.E' III 0 D ......4.'. -.J.:i'" II V * - '11\\\ ............""'----- \\\\\\"""...."",..... APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY: PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida SEPfl2a APPROVED AS TO TERMS AND CONDITIONS BY~ ~W6+ Department irector \ 14 A ITEST: CnY~ ~ -- ~ dJtMQ~ Yn. ~ Ci Clerk APPROVED AS TO FORM: f),C1J~ u bibs Office of the City Attorney f Signed and delivered in the presence of: /' /-77 ./ t../ (/ , lj~{) STATE OF FLORIDA COUNTY OF PALM BEACH I HERBY CERTIFY that on this ~ ff1.-, day of J k ~ 2005, before me personally appeared J'VIt'1dC 111cCr--,,"v, If~.~ ,M~r.: r , personally known to me or who produced as identification and who did ( ) did not (+take an oath and who executed the foregoing instrument and acknowledged before that he executed the same for the purposes therein. ~~c.~ ~~g~'/ Notary Public, State of Florida '" . rV:{' /1-# C I.) U~ //1./'/"' Print Name Commission No. My Commission Expires: 15 r....... ...~,~ J i A ... ~12001 : \YB'''' ':.lhrv (800)432-42$4 ,......."................~=.:.'::!..: SCHEDULE OF EXHIBITS EXHIBIT "A" - LEGAL DESCRIPTION OF THE PROPERTY EXHIBIT "B" - PROPERTY SKECTCH-AREA OF CITY RESPONSmILITY 16 EXHIBIT" A" LEGAL DESCRIPTION OF THE "PROPERTY" LOTS 132,133 AND 134, LESS 20' RETURN CURVE AREA ROAD RIGHT -OF- WAY, AND 135 TO 138 INC., BLOCK D, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 4, PAGE 51, AS RECORDED IN OFFICIAL RECORD BOOK 9173, PAGE 195, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS LOTS 133 AND 134. PROPERTY CONTROL NO. 08-43-45-21-07-004-1320 17 EXHIBIT "B" PROPERTY SKETCH-AREA OF CITY RESPONSIBILITY ~ .J A "" .e ~ :r 0 H /'oJ > 0 N :r R. I -r- \ I I I .' I .. q'-i I- c,'-{ I roO I I 5W I i , .,. -. .. '- I . T I .. - .' 'fFt ~ " J ! I .1, I i. , ... .. --,' -.... t mI = peRIm.ei~ N o '" Tpee DeHotvStAA11ON GARDeN VI.-CONSENT AGENDA ITEM C.5 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 Citv Clerk's Office (gJ April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16. 2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5. 2008 July] 4,2008 (Noon) 0 Announcements/Presentati ons 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM (gJ Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Approve and execute via a resolution of agreement between Palm Beach County and the City providing funding to offset the cost of the 2008 Boynton Beach Heritage Celebration Event. The funding, in the amount of $7,000 is made available from the County's Recreation Assistance Program (RAP) District 7. EXPLANA TION: The CRA organizes the Heritage Celebration Event with the assistance of the Recreation and Parks Department. The purpose of the event is to provide a celebration that motivates, empowers, and inform the public of the ties that bind our community together through enjoyment of fun safe activities and entertainment. County Commissioner Addie Greene has authorized the allocation of RAP funding for this purpose. PROGRAM IMPACT: The event will promote cultural diversity within the City of Boynton Beach while celebrating each cultures splendor through sports, music, dance and other art forms; while bridging the generation gap. FISCAL IMPACT: Expenses for the event are covered through the CRA Special Events Budget. AL TERNA TIVES: Do not execute the agreement. Q~ ~y \"-.\~\\" Department Head's Signature r/ U(~ City Manager's Signature Assistant to City Manager ~ Recreation and Parks Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 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 RESOLUTION R08- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH, PROVIDING FOR FUNDING TO OFFSET COSTS OF THE 2008 HERITAGE FESTIVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach sponsored the annual Heritage Festival during the month of February 2008, to provide a cultural celebration to motivate, empower and inform the public of the ties that bind the Boynton Beach community together through education and enjoyment of the arts; and WHEREAS, the City has requested an amount not to exceed $7,000.00 to offset the costs for contractual services and miscellaneous expenses for the 2008 Heritage Festival and the County is desirous of providing funding in an amount not to exceed $7,000.00 to assist the City in this event. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach does hereby authorize and direct the Mayor to execute an Agreement between Palm Beach County and the City of Boynton Beach, for funding to offset the costs of the 2008 Heritage Festival, a copy of said Agreement is attached hereto as Exhibit "A". 27 Section 3. That this Resolution shall become effective immediately upon 28 passage. \CA\RESOlAgreements\lnterlocals\Heritage Festival 2008 funding.doc 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 PASSED AND ADOPTED this _ day of April, 2008, CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) :ICAIRESOlAgreementsllnterlocalslHeritage Festival 2008 funding.doc Department of Parks and Recreation 2700 6th Avenue South Lake Worth. FL 33461 (561) 966-6600 Fax: (561) 963-6747 www.pbcparks.com . Palm Beach County Board of County Commissioners Addie L. Greene. Chairperson Jeff Koons. Vice Chair Karen T Marcus Robert J. Kanjian Mary McCarty Burt Aaronson Jess R. Santamaria County Administrator Robert Weisman '/In Equal Opportunity ,1jfirmatfve Action Employer" @ printed on recycled paper February 21, 2008 Ms. Mary DeGraffenreidt Senior Recreation Manager City of Boynton Beach 1901 North Seacrest Boulevard Boynton Beach, FL 33435 RE: PALM BEACH COUNTY FY 2007-2008 RECREATION ASSISTANCE PROGRAM FUNDING AGREEMENT FOR THE 2008 HERITAGE CULTURAL FESTIVAL Dear Ms. DeGraffenreidt: Attached for execution on behalf of the City of Boynton Beach is an Agreement in an amount not to exceed $7,000 to help offset costs for the 2008 Heritage Cultural Festival being held during the month of Februar' 2008. This funding is from the Recreation Assistance Program (RAP) Distri~ 7. The Agreement allows for the reimbursement of eligible expenses incurred during the time frame of December 20, 2007, through March 30, 2008. Expenses eligible for reimbursement include contractual services and other miscellaneous expenses related to the Event. Please obtain signature of this Agreement on behalf of the City of Boynton Beach and return both originals to me for placement on the agenda to be approved by the Board of County Commissioners. Attach insurance certificates including liability and worker's compensation to each Agreement. If you have any questions on the Agreement, please call Susan Yinger, Administrative Support Manager, at 966-6653. On behalf of Commissioner Addie L. Greene and the Board of County Commissioners, we are pleased to again assist Boynton Beach with costs for this annual community event. ~~ Dennis L. Eshleman, Director Parks and Recreation Department DLE:SWY Attachments - Two Originals of RAP Agreement for Execution Copy to: Commissioner Addie L. Greene, District 7 AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH FOR FUNDING OF THE 2008 BOYNTON BEACH HERITAGE CELEBRATION THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as .County", and the City of Boynton Beach, a Florida Municipal Corporation, hereinafter referred to as "Boynton Beach". WIT N E SSE T H: WHEREAS, Boynton Beach sponsored the annual Boynton Beach Heritage Festival during the month of February, 2008 (the Event), which attracted approximately six thousand (6,000) participants; and WHEREAS, the purpose of the Event was to promote cultural diversity in the City of Boynton Beach while celebrating each culture's splendor through sports, music, dance, and other art forms; and WHEREAS, the Event was anticipated to motivate, empower, and inform the public of the ties that bind the community together through enjoyment of safe activities and entertainment; and WHEREAS, activities for the Event were held at the Ezell Hester Community Center, the Boynton Beach Women's Club, the School House Children's Museum, the City Library, and on Down Town Ocean Avenue; and WHEREAS, the Event cost approximately $38,750 for contractual services and other miscellaneous expenses related to the Event; and WHEREAS, Boynton Beach has requested from County an amount not to exceed $7,000 to help offset costs for Event expenses; and WHEREAS, County desires to provide funding to help offset costs for the Event; and WHEREAS, funding for the Event in an amount not to exceed $7,000 is available from the Recreation Assistance Program (RAP) - District 7; and WHEREAS, Boynton Beach's cultural arts, recreational, and community events are deemed to serve a public purpose; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1 1. County agrees to fund an amount not to exceed $7,000 to Boynton Beach for the 2008 Boynton Beach Heritage Celebration for contractual services and other miscellaneous expenses, as set forth in Exhibit .A", attached hereto and incorporated herein, hereinafter referred to as the "Projecr. 2. County will use its best efforts to provide said funds to Boynton Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A written statement that the Project, as specified herein, was carried out in accordance with this Agreement; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as Exhibit "B" I which are required for each and every reimbursement requested by Boynton Beach. Said information shall list each invoice paid by Boynton Beach and shall include the vendor invoice number; invoice date; and the amount paid by Boynton Beach along with the number and date of the respective check or proof of payment for said payment. Boynton Beach shall attach a copy of each vendor invoice paid by Boynton Beach along with a copy of the respective check or proof of payment and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule. Further, Boynton Beach's Program Administrator and Project Financial Officer shall certify the total funds spent by Boynton Beach on the Project and shall also certify that each vendor invoice, as listed on the Contractual Services Purchases Schedule was paid by Boynton Beach and approved by Boynton Beach as indicated. 3. Boynton Beach incurred expenses for the Project beginning on December 20,2007. Those costs incurred by Boynton Beach for the Project, approved and submitted accordingly by Boynton Beach subsequent to December 20,2007, are eligible for reimbursement by County pursuant to the terms and conditions hereof. 4. RAP funds may be used as a match for other local, state, or federal grant programs, but Boynton Beach may not submit reimbursement requests for the same expenses to the County as other fund sources to receive duplicate reimbursement for the same expenses. 5. Boynton Beach agrees, warrants, and represents that all of the employees and participants in the Project will be treated equally during employment, and for the provision of services without regard to residency, race, color, religion, disability, sex, age, national origin, ancesUy, marital status, or sexual orientation. 2 6. Boynton Beach shall be responsible for the operation and maintenance of the Project including all associated costs. 7. The term of this Agreement shall be June 30,2008, commencing upon the date of execution by the parties hereto. 8. The parties agree that, in the event Boynton Beach is in default of its obligations under this Agreement, the County shall provide Boynton Beach thirty (30) days written notice to cure the default. In the event Boynton Beach fails to cure the default within the thirty (30) day cure period, the County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach for the Project deemed to be in default and Boynton Beach shall return any County RAP funds already collected by Boynton Beach for the Project. 9. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated by the County, without cause, upon thirty (30) days prior written notice to the other party. This Agreement may be terminated by the County with cause, upon expiration of the thirty (30) day cure period provided for in Section 8 above. 10. Boynton Beach shall complete the Project by March 30, 2008, and invoices and checks submitted for reimbursement must be dated within the project time frame of December 20, 2007, through March 30, 2008. Boynton Beach shall provide its final reimbursement request(s), including a project completion statement and reimbursement documentation as indicated in Section 2 above on or before June 30, 2008. Upon written notification to County at least ninety (90) days prior to that date Boynton Beach may request an extension beyond this period for the purpose of completing the Project. County shall not unreasonably deny Boynton Beach's request for said extension. 11. In the event Boynton Beach ceases to exist, or ceases or suspends the Project for any reason, any remaining unpaid portion of the Agreement shall be retained by County, and County shall have no further obligation to honor reimbursement requests submitted by Boynton Beach. The determination that Boynton Beach has ceased or suspended the Project shall be made by County and Boynton Beach agrees to be bound by County's determination. 12. Boynton Beach agrees to abide by, and be governed by, all applicable federal, state, county, and municipal laws, including but not limited to, Palm Beach County's ordinances, as said laws and ordinances exist and are amended from time to time. In entering into this Agreement, Palm Beach County does not waive the requirements of any County or local ordinance or the requirements of obtaining any permits or licenses normally required to conduct 3 business or activity conducted by Boynton Beach. Failure to comply may result in County's refusal to honor reimbursement requests for the Project. 13. County reserves the right to withhold reimbursement if the Project is not completed as specified in Exhibit "A". 14. It is understood and agreed that Boynton Beach is merely a recipient of County funding and is an independent contractor and is not an agent, servant or employee of County or its Board of County Commissioners. It is further acknowledged that the County only contributes funding under this Agreement and operates no control over the Project. To the extent permitted by law and without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, in the event a claim or lawsuit is brought against County or any of its officers, agents or employees, Boynton Beach shall indemnify, save and hold harmless and defend the County, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments, and/or causes of action of any type arising out of or relating to any act or omission of Boynton Beach, its agents, servants and/or employees in the performance of this Agreement. The foregoing indemnification shall survive termination of this Agreement. In consideration for reimbursement of costs incurred prior to the term of this Agreement, the foregoing indemnification shall apply not only during the term of this Agreement but also for the periOd prior to the Agreement for which Boynton Beach is eligible to receive reimbursement from the County. 15. Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, Boynton Beach acknowledges to be self-insured for General Liability and Automobile Liability under Florida sovereign immunity statutes with coverage limits of $1 00,000 Per Person and $200,000 Per Occurrence; or such monetary waiver limits that may change and be set forth by the legislature. In the event Boynton Beach maintains third-party commercial General Liability and Business Auto Liability in lieu of exclusive reliance on self-insurance under Section 768.28, Florida Statutes, Boynton Beach shall agree to maintain said insurance policies at limits not less than $500,000 combined single limit for bodily injury or property damage. Boynton Beach agrees to maintain or to be self-insured for Worker's Compensation & Employer's Liability insurance in accordance with Florida Statutes 440. Prior to execution of this Agreement by the County, Boynton Beach shall deliver to the County an affidavit or Certificate of Insurance evidencing insurance, self-insurance, and/or 4 sovereign immunity status, which County agrees to recognize as acceptable for the above mentioned coverages. Certificate holder's address shall read Palm Beach County, c/o Parks and Recreation Department, 2700 Sixth Avenue South, Lake Worth, FL 33461, Attention: Administrative Support Manager. Compliance with the foregoing requirements shall not relieve Boynton Beach of its liability and obligations under this Agreement. 16. Upon request by County, Boynton Beach shall demonstrate financial accountability through the submission of acceptable financial audits performed by an independent auditor. 17. Boynton Beach shall maintain books, records, documents and other evidence that sufficiently and properly reflect all costs of any nature expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Boynton Beach, County shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. 18. The County and Boynton Beach may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 19. This Agreement shall be governed by the laws of the State of Florida and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 20. As provided in Section 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, Boynton Beach certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty six (36) months immediately preceding the date hereof. This notice is required by Section 287.133 (3) (a), Florida Statutes. 21. This Agreement represents the entire agreement between the parties and supersedes all other negotiations, representations, or agreements, either written or oral, relating to this Agreement. The Agreement may be modified and amended only by written instrument executed by the parties hereto. 22. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. mail. All notices shall be addressed to the following: 5 As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Lake Worth, Florida 33461 As to Boynton Beach: City Manager, City of Boynton Beach 100 N.W.lstAvenue Boynton Beach, FL 33444 23. This Agreement is made solely and specifically among and for the benefit of the parties hereto, and no other person shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third-party beneficiary or otherwise. IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: SHARON R. BOCK, Clerk & Comptroller By: Deputy Clerk ATTEST: PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By Commissioner Addie L. Greene, Chairperson CITY OF BOYNTON BEACH By: Mayor By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: APPROVED AS TO TERMS AND CONDITIONS County Attorney By: Dennis L. Eshleman, Director Parks and Recreation Department 6 VI.-CONSENT AGENDA ITEM C.6. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Meeting: Dates in to City Clerk's Office [gJ April 15, 2008 March 3],2008 (Noon) D D May 6, 2008 Apri] ]4,2008 (Noon) D D May 20, 2008 May 5, 2008 (Noon) D D June 3, 2008 May] 9,2008 (Noon) D Requested City Commission Meeting Dates Date Final Form Must be Turned in to City Clerk's Office (-) June 17, 2008 June 2, 2008 (Noon) 2::..:.~ -,... :';-1 '-'1-( July], 2008 -;..,:,,",, June ]6,2008 (Noon) ~~ ",) June 30, 2008 (Noon) CO ..-...... ''::0 July] 5,2008 l:J ~. ".~.'.J August 5, 2008 July 14,2008 (Noon) ~,- 1..0 NATURE OF AGENDA ITEM D Announcements/Presentations D Administrative [gJ Consent Agenda D Code Compliance & Legal Settlements D Public Hearing D City Manager's Report D New Business D Legal D UnfInished Business D U'l 0;) ~'i~ !~~~ ,"0 -"-.'~ ...)-~ RECOMMENDATION: Approve resolution authorizing adoption of standard agreement with PBC Tax Collector's office for collection of non-ad valorem assessments (Fire Assessment) for the City of Boynton Beach. EXPLANA TION: The City must enter into agreement with the Tax Collector's office for the implementation and collection of the City's non-ad valorem fire assessment. This agreement allows the Tax Collector's office to bill and collect the City's fire assessment charges via the Palm Beach County Tax Roll. Although the City Commission has not yet decided on whether or not a new fire assessment program will move forward this year, this agreement must be in place in the event the decision to move forward does occur. This agreement in no way commits the Commission to the Fire Assessment program. It simply provides the mechanism in which the County can bill the assessment on the 2009 tax roll. PROGRAM IMP ACT: Agreement necessary to implement the Fire Assessment program via the Uniform Method of Collection on Non-Ad Valorem Assessments. FISCAL IMPACT: The PBC Tax Collector's office will charge a fee equivalent to 1 % of the total collections for the fire assessment. This fee will be budgeted in the Fire Assessment budget should the program move forward. No fee will be assessed if the Fire Assessment program does not move forward. AL TERNA TIVES: Do not approve Resolution. , /;:1 ) -P' J I /?fl-w.,~7\~ {, L..:-L-.C-- ~ - / . Department Head's Signature ~ City Manager's Signature Assistant to City Manager ~ "- ~ Department Name City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R08- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 AND DIRECTING THE MAYOR AND CITY CLERK TO 7 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN 8 THE CITY OF BOYNTON BEACH AND PALM BEACH 9 COUNTY, TAX COLLECTOR, PROVIDING FOR THE 10 COLLECTION AND ENFORCEMENT OF NON-AD 11 VALOREM ASSESSMENTS; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, staff has recommended approval of an lnterlocal Agreement between the 15 City of Boynton Beach and Palm Beach County Tax Collector which will allow for the 16 collection of its non-ad valorem fire assessment. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 20 ratified and confirmed by the City Commission. 21 Section 2. The Mayor and City Clerk are hereby authorized to execute an lnterlocal 22 Agreement between the City of Boynton Beach and Palm Beach County Tax Collector for the 23 implementation and collection of the City's non-ad valorem fire assessment. a copy of which 24 Agreement is attached hereto as Exhibit "A". 25 Section 3. That this Resolution shall become effective immediately upon passage. 1 2 PASSED AND ADOPTED this _ day of April, 2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Woodrow L. Hay 18 19 20 21 Commissioner - Marlene Ross 22 23 ATTEST: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 35 36 Downtown Brarlch b"(1'1'yi '~iVt:'t:Y Glades aranch ~~'~fj'C: '.-,;';"Jt(. kc,;:;cJ Sdlf' Glc"d~J North County Branch ~-'J.=~,\-; ")Z-j.,.:., lj()U1e\,'F:, t:',' I : ~' C~I;I~(J"-" Lake Worth Branch -:~1~:': ~O'_itr' \A"liUH'f Tr;i Ldl<,e \.\'!)n_' South County Branch Su,":~:~ C(H~f,~~:"<.:_'s ;\vc' y )(f,,-,\ Royal Palm Beach Branch 2UCI Center ~"V,'l\' ::::m'2: Pal:' Bh'1" ANNE M. GANNON '-' li~ r~ (-;::::;;, j--' Ie_ f' n .".-. - If il! !~~-._, l~? ,;_~~, ; ,! \'.// i~~ r~\ i jui rFE~ /5 C20~8~!nll i L ,!~ L~~LIY fvJ AJi!g5~_~-()?F~ r :: Governmental Center. 3D 11. -\'i'" ,.,c-_-''.l Mailing Address . ro~t Clfflee 8m T;"-:::: ~, \",'~.;" f'(i . . :"~0:j f',~ll"" l::.ed:; F... FL :l_~40:;,'~7~'_~ -,:;/. ~\_ ta xc C j I ~;no r 0 b: ,.~- (' i ::~~- .;. ..:.' , ' . ,~~ February 13, 2008 Ms. Lori Laverrierr Assistant City Manager The City of Boynton Beach 100 E. Boynton Beach Blvd_ Boynton Beach, FL 33435 Re: The City of Boynton Beach Dear Ms. Laverrierr: Enclosed please find the Tax Collector's standard agreement for collection of non-ad valorem assessments. Please see that the agreement is dated and signed and attested to by you or your attorney_ Upon completion, return the agreement to my attention and I will present it to Ms. Gannon for her signature. After Ms. Gannon signs the agreement, I will make a copy and return it to you for your files. The original will remain at our office. Please feel free to contact this office if we can be of further assistance Sincerely, Pat Poston Director, Tax Services PP/ms AGREEMENT TillS AGREEMENT made and entered into this day of , 2008 by and between Anne M. Gannon as Tax Collector for Palm Beach County, and the City of Boynton Beach for the implementation and collection ofthe City non-ad valorem assessments billing as follows: 1. The City of Boynton Beach shall meet all the requirements of Florida Statutes 197.3631 and 197.3632 for the implementation of the District's non-ad valorem assessment billing. 2. Upon the performance by the City of Boynton Beach requirements of the above statutes and this Agreement, the Tax Collector agrees to implement the District's non-ad valorem assessments billing and collection. 3. The City of Boynton Beach further agrees that it shall provide to the Tax Collector compensation for the actual cost of collecting these non-ad valorem assessments as provided in Florida Statutes. (F.S. Section 197.3632 (8) (C). Since the actual costs of collection cannot be precisely determined, the parties agree that one percent (1 %) of total collections will be considered the costs. 4. This Agreement shall be in effect for the tax year 2008 and subsequent years thereafter unless canceled by either the District or the Tax Collector by giving notice in writing to the other by January 10th. 5. This Agreement may be modified by both parties in writing provided such modifications are agreed upon prior to any notice of termination. 6. This Agreement shall be changed, modified or amended in writing as necessary to conform with any new statutory requirements when and if enacted into law. DATED this day of 2008 By: Anne M. Gannon, as Tax Collector for Palm Beach County ATTEST: VI.-CONSENT AGENDA ITEM C.7 CITY OF BOYNTON BEACI~ 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 ~ April 15, 2008 March 3], 2008 (Noon) D June] 7, 2008 June 2, 2008 (Noon) D May 6, 2008 April ]4,2008 (Noon) D July], 2008 June] 6, 2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July] 5,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July ]4,2008 (Noon) C) ::.? ::1 '~-i-( D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [gJ Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D ,:::::, c) -:- ~ ::::0 1"0 O'j ';'" "'","" "-'} :::n ~.,'" -.4. ~. c.n CO !-'~, RECOMMENDATION: Approve resolution authorizing adoption of standard agreement with PBC PrOperty Appraiser's office for billing and collection of non-ad valorem assessments (Fire Assessment) for the City of Boynton Beach utilizing the Uniform Method of Collecting Non-Ad Valorem Assessments. EXPLANATION: The City must enter into agreement with the PBC Property Appraiser's office for the implementation and collection of the City's non-ad valorem fire assessment. This agreement provides for the exchange of rate/assessment information between the City and the County and allows the Appraiser to prepare the Notice of Proposed Property Tax to include the fire assessment. This notice also serves as the required mailed notice for the assessment hearing. Although the City Commission has not yet decided on whether or not a new fire assessment program will move forward this year, this agreement must be in place in the event the decision to move forward does occur. This agreement in no way commits the Commission to the Fire Assessment program. It simply provides the mechanism in which the County can bill the assessment on the 2009 tax roll and provide the notice for the hearing on the special assessment. PROGRAM IMPACT: Agreement necessary to implement Fire Assessment program via Uniform Method of Collection of N on-Ad Valorem Assessments. FISCAL IMPACT: The PRC Property Appraiser's office will charge a fee of $150 per annum, and then $.75 per parcel added thereafter. This fee will be budgeted in the Fire Assessment budget should the program move forward. No fee will be assessed if the Fire Assessment program does not move forward. AL TERNA TIVES: Do not approve Resolution. A,,' ,', / ' , ... '0' j: 't~\,;JY- Department Head's Signature J/.~ City Manager's Signature Assistant to City Manager ~ - ~ ~ -- S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 1 2 RESOLUTION NO. R08- 3 4 A RESOLUTION OF THE CITY COMMISSION OF THE 5 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING 6 AND DIRECTING THE MAYOR AND CITY CLERK TO 7 EXECUTE AN INTERLOCAL AGREEMENT BETWEEN 8 THE CITY OF BOYNTON BEACH AND PALM BEACH 9 COUNTY, PROPERTY APPRAISER, PROVIDING FOR 10 THE EXCHANGE OF RATE/ASSESSMENT 11 INFORMATION BETWEEN THE CITY AND THE 12 COUNTY AND THE PREPARATION OF THE NOTICE 13 OF PROPOSED PROPERTY TAX; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, staff has recommended approval of an lnterlocal Agreement between the 17 City of Boynton Beach and Palm Beach County Property Appraiser which will allow for the 18 exchange of rate/assessment information between the City and the County and allow the 19 Property Appraiser to prepare the Notice of Proposed Property Tax to include the fire 20 assessment. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 24 ratified and confirmed by the City Commission. 25 Section 2. The Mayor and City Clerk are hereby authorized to execute an lnterlocal 26 Agreement between the City of Boynton Beach and Palm Beach County Property Appraiser for 27 the exchange of rate/assessment information between the City and the County and allow the 28 Property Appraiser to prepare the Notice of Proposed Property Tax to include the fire 29 assessment, a copy of which Agreement is attached hereto as Exhibit "A". 30 Section 3. That this Resolution shall become effective immediately upon passage. , . 1 2 PASSED AND ADOPTED this _ day of April, 2008. 3 4 CITY OF BOYNTON BEACH, FLORIDA 5 6 7 8 Mayor - Jerry Taylor 9 10 11 Vice Mayor - Jose Rodriguez 12 13 14 Commissioner - Ronald Weiland 15 16 17 Commissioner - Woodrow L. Hay 18 19 20 21 Commissioner - Marlene Ross 22 23 ATTEST: 24 25 26 27 Janet M. Prainito, CMC 28 City Clerk 29 30 31 32 (Corporate Seal) 33 34 35 36 AGREEMENT THIS AGREEMENT made and entered into this 10th day of March, 2008, by and between Gary R. Nikolits. as Palm Beach County Property Appraiser (the "Appraiser"). and City of Boynton Beach for Fire Rescue Assessment, hereinafter "Local Government", WHEREAS, Local Government has elected under Section 197.363(1), Florida Statutes, for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632, Florida Statues, and Local Government's adoption of Resolution No. 2007-56 ; and WHEREAS, the Appraiser and Local Government are required to enter into an agreement pursuant to Section 197.3632(2), Florida Statutes, for the Appraiser to provide the Local Government with the information outlined in Section 197.3632(3)(b), Florida Statutes; and WHEREAS, Chapter 92-264, Laws of Florida was enacted to provide that non-ad valorem assessments be set forth in the Notice of Proposed Property Taxes for Palm Beach County; NOW, THEREFORE, in consideration of the following covenants, conditions and promises the parties agree as follows: 1. The above representations are true and correct. 2. The Appraiser is entering into this Agreement without any determination that Local Government IS qualifIed to collect its non-ad valorem assessments by the uniform method, and to the extent permitted by law, Loeal Government will indemnify and hold the Appraiser harmless from any challenge thereto, subject to the provisions of Florida Statute 768.28 relating to sovereign immunity. 3. The Appraiser will provide to Local Government the information described in Section 197.3632(3)(b), Florida Statutes, in compatible electronic medium by June 1, 2008. 4. Local Government in levying and collecting non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes, will provide to the Appraiser the assessment rate expressed in dollars and cents per unit of assessment, the associated assessment amount and the purpose of the assessment, extended against each parcel within the boundaries of Local Government in compatible electronic medium prior to August 1, 2008. 5. The Appraiser will utilize the information provided by the Local Government pursuant to paragraph 4 herein in preparing the Notice of Proposed Property Taxes pursuant to Section 200.069, Florida Statutes, and, in addition to the information required in the Notice required by Section 200.069, Florida Statutes, the Appraiser shall include the non-ad valorem assessment levied pursuant to Section 197.3632, Florida Statutes, as separate, itemized entries. 6. Additionally, the Appraiser agrees to make available to Local Government an additional list of the information described in Section 197.3632(3 )(b), Florida Statutes, shortly before the September 12, 2008 certification date for Local Government to reflect the changes to the assessment roll between said date and June 1,2008. 7. In return for the providing of the information as outlined in Paragraphs 3 and 6, Local Government agrees to reimburse the Appraiser, in accordance with Section 197.3632(2), Florida Statutes, for the necessary administrative costs, as described in exhibit 'A', incurred in providing the information. 8. The parties recognize the Appraiser processes changes to the assessment roll through a procedure known as Errors and Insolvencies (E & I's). The Appraiser agrees to provide a copy of each E & I processed to Local Government. The parties recognize Local Government has a process to make changes on its assessment rolL Local Government agrees to provide the Appraiser with information in written form, of any changes it makes. 9. This agreement shall automatically be extended hereafter, from year to year, unless and until terminated by either of the parties. This Agreement may be terminated at any time by the Local Government upon written notice to the Appraiser and payment for all services provided under this Agreement through the date of termination. This Agreement may be terminated at any time by the Appraiser upon written notice to the Local Government; however, notice given by the Appraiser after January 1 and prior to October I, shall be effective only following completion of certification of that year's non-ad valorem tax rolL Upon cancellation of the Agreement by the Appraiser, the Local Government shall reimburse all outstanding bills to the Appraiser within a reasonable time. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this Agreement on the date first written above. Local Government By: Attest: Gary R. Nikolits, as Palm Beach County Property Appraiser F:\_ TaxRoll\_T A"NA V',Agreements\Agreements,Extenslons for new N A V Disl\NA \ __Agreement.duc Rev. 11/07:07 ""~""~",,,,,"',,;i..,;..;~"" It - ii' 'II"ilI'lIi'~.t.~_I'lI"~;OI<"""""""""" Exhibit 'A' Non Ad Valorem - Cost Summary The following is a summary of costs which this office will assess to each district that utilizes the uniform method of collection. All costs will be assessed on an annual basis at the end of each Tax Roll cycle. These costs are subject to change, and if a change is to be made the Non Ad Valorem districts will be notified of that change at the beginning of the Tax Roll cycle. (A) New unit development: This cost covers mapping function and data entry. It occurs when the new district is created and any subsequent annexations or modifications. Cost per parcel within the new unit = $.75/parcel (B) Administrative services: This fee covers administrative costs and services, it is assessed to each district annually until the cancellation of the Agreement. Administrative services = $150.00/district per year F:I_ TaxRolI\_ T A INA VIAgreementslAgreements,Extensions for new NA V DistINA V _AgreemenLdoc Rev. ] 1/07/07 Vl._CONSEN'T AGENDA l,.eM C.8 Requested City Commission Date Final Form Must be Tumed Requested City Couunission Date Final Form Must be Tumed ~ ~ ~ ~ IZl April 15.2008 March 3 \, 2008 (Noon) 0 June \7.2008 June 2. 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) 0 July \, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5,2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19.2008 (Noon) 0 August 5,2008 July 14, 2008 (Noon) Crr)' OF BO)'],rrON BEACH AGENDA ITEM REQUEST FO~l NATURE OF AGENDA ITEM RECOMMENDATION; Approve thO lntorlocal "",eement between Palm Beatb conn'" and tbe Ci", of\!Oyni.l",' )leatb Begarding Open Cnt. Under conn'" Tborougbfarea. 0 c;'C; rcq;:.) EXPLANATION; Tbe Conn'" baa adopted polidea and prneedurea tbat noW reqnlre elthOr thO po.tiug of a .nrttY bOnd, or provide an lnterlocal Agreement aaauring tbe Conn'" tbat tbe Ci'" will repair all open enla under Conn'" thorongblarea. Tbe Ci'" i. abont to embark on tbe Bedaimed Water sy.tem Project - Pbaa< 1, wbicb will indnde thO open -cnt In.tallation of large diameter water main. in Golf Boad and Seatreat Bonlevard, wbicb are botb Connty- owned and maintained tborougbfarea. APproving tbe intertOcal agreement alloW' thO City to avoid the co.la aaaoeiated witb posting a .urety bond. Tbe agreement requirea tbe City to' . repair all road open-cnt ""tallation. tbat the City perfor"'" and warranty tbe repair for'lx (6) montb.; and . indemnify tbe Connty to thO extent allowed under Florida Statute 768.28. 0 Announcements/presentations 0 C\ty Manager's Report ::J - ~ -~"', 0 0 c::) ::::', -<. Administrative New Business - -"". , -- IZl Consent Agenda 0 :r:~. .'.. ~'f~ Legal ::::::J , -'.- 0 Code Compliance & Legal Settlements 0 Unfinished Business N \'=) -J 0 Public Hearing 0 -0 .- :J: ....'.~.- Tbe initial term of the agreement i. for five (5) yea", witb option to renew for an additinnals-year term. PBOGRAl" Th\.P ACT; Allow' tbe City '0 prnetod witb tbe Beclaimed Water Sy.tem Project, and a.an avoid tbe ne< for bonding fnture work in tbe County thOrOngbfarea ,bat wonld require permit. from the Connty. prove thO agreement, and cbooa< '0 obtain a .nrety b FISCAL IMPACT: None. {0 Assistant to City Manager ~ ~ City Attorney / Finance UTILITIES Department Name XC: Peter Mazzena Christopher Roschek S. .BULLETIN FOR:'>.IS i\GENDA ITEM REQUEST FORM DOC City Attorney File II 1 RESOLliTION R08- 2 3 A RESOLliTION OF THr CITY COMMISSION OF THE 4 CITY OF BOYNTON BrACH, FLORIDA, AliTHORIZING 5 THE MAYOR AND CITY CLERK TO rX/i:CliTr AN 6 INTERLOCAL AGREEMENT BETWEEN PALM BEACH 7 COliNTY AND THE C/"fY OF BOYNTON BEACH 8 REGARDING OPEN CliTS liNDER COliN1T 9 THOR 0 liGHF ARES; AND PROVIDING AN EFFECTIVF. 10 DATE. 11 12 15 City will repair all open cuts under County thoroughfares; and 14 the postiug of a surety bond, Or providing au InterJocal Agreement aSsuring the County that thc 13 WHEREAS, PaJm Bcach County has adoptcd policies and procedures that now require 19 thoroughfares; and 18 mains in GoJf Road and Seacrest Boulevard which are both COUnty O"TIed and maintained 17 System Project ~- Phase , which will include the open cut installation of large diameter water 16 WHEREAS, the City of Boynton Bcach is ahout to embark on the Reclaimed Water 26 THE CITY OF BOYNTON BEACH, FLORIDA, 'fHA 1', 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITy COMMISSION OF 24 luture Work in the County thoroughlares that Would require pennits from the COUnty 23 City '0 prOceed with the Reclaimed Water System Project and aVoid the need for bonding 22 Beach to authorize execution of tbc In'er/ocal Agreement with Palm Beach COUnty '0 allow tbe 21 of staff, deems it '0 be in the best intercsl of tJle citizens and residents of 'hc City of BOYnton 20 WHEREAS, the City COmmission of the City of Boynton Beach upon recommenda'io.] 27 ~ The forcgoing "Wbereas" clauses arc bereby ratified and confirmed as 28 being true and COlTect and are hereby made a specific pan of this Resolution upon adoptio., S\eA\RESOlAg~,m'""IO/'rlooal'"LA Wilh PBe foc 0,," '""doc hereof. 2 Section 2. The City Commission of the City of Boynton Beach hereby authorizes 3 the Mayor and City Clerk to execute an Interlocal Agreement between the City of Boynton 4 Beach and Palm Beach County regarding open cuts under County thoroughfares, a copy of said 5 Agreement is attached hereto and made a part here as Exhibit "A". 6 Section 3. That this Resolution shall become effective immediately upon passage. 7 PASSED AND ADOPTED this _ day of April, 2008. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross ATTEST: Janet M. Prainito, CMC City Clerk (Corporate Seal) S:ICAIRESO\Agreements\lnterlocals\ILA with PSC for open cuts.doc INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH REGARDING OPEN CUTS UNDER COUNTY THOROUGHFARES THIS AGREEMENT, made and entered into this _ day of , 2008, by and between the BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY. FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, (hereinafter "COUNTY"), and the CITY OF BOYNTON BEACH, FLORIDA, A MUNICIPAL CORPORATION EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA. (hereinafter "CITY"). WHEREAS, the COUNTY has adopted certain policies and procedures regarding open cuts across its thoroughfare and non-thoroughfare roads; and WHEREAS, the CITY has agreed to follow the policies and procedures set forth by the COUNTY regarding open cuts on COUNTY roads, however the CITY shall not be required to obtain a surety bond for the open cut, but, instead will be bound by the terms and conditions of this Interlocal Agreement; and WHEREAS, the CITY agrees to be responsible for repairing the open cut, in accordance with COUNTY policies and procedures, and all costs associated with such repaIr. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: Section 1. The above recitations are true and correct and are incorporated herein. Section 2. COUNTY Policy: The COUNTY has adopted policies and procedures. PPM EL-O-3605 and PPM EL-O-3606, regarding open cuts on COUNTY thoroughfare and non-thoroughfare roads. The polices set forth the requirements of permitting the open cut, construction of the open cut, maintenance of the open cut as well as the requirement to obtain a surety bond to insure the proper repair of the open cut. Section 3. Work performed by the CITY: The CITY (any reference to CITY shall include work performed not only by the City but by its contractors or sub- contractors) shall be required to follow all of the requirements of the policies of the COUNTY regarding open cuts. However, except as provided in d) below, the CITY shall not be required to obtain a surety bond for such work and instead shall be bound by the following terms and conditions: a) The CITY shall be responsible for repairing the open cut for a 6 month period after the final restoration of the open cut b) During the 6 month period the COUNTY may request certain repairs or further restoration be made to the open cut, in which case, the CITY shall make such repairs or restoration within 30 days of receiving written notice from the COUNTY. c) In the event the CITY fails to make such repairs within the time frame allowed, or such repairs are inadequate, the COUNTY may make such repairs as it deems necessary and invoice the CITY for the cost of such work. Upon receiving such invoice the CITY shall, within 45 days, make payment to the COUNTY. d) Work performed for the City by Contractors, having a value of more than $200,000, shall be bonded under a Public Construction Bond and name the County as an obligee. Section 4. Area Subject to Agreement: The terms of this Agreement shall apply to all open cuts performed, by the CITY, on COUNTY thoroughfare and non- thoroughfare roads located In the CITY'S utility servIce area. Section 5. Term: This Agreement shall have an initial term of five years and may be renewed, upon mutual consent of both parties, for additional 5 year renewal terms. J Section 6. Indemnification: In the event a claim or lawsuit is brought against the COUNTY, its officers, employees, servants or agents, the Cl TY, to the extent set forth in Florida Statute 768.28 ($100,000.00 per person/$200,000.00 per claim) agrees to save, defend, reimburse, indemnifY and hold harmless the COUNTY, its officers. employees, servants and agents from any and all claims, demands, damages, liabilities, causes or actions, legal or administrative proceedings, judgments, interest, attorneys fees. costs and expenses of whatsoever kind or nature, whether arising in any manner directly or indirectly caused. The CITY'S aforesaid indemnity and hold harmless obligations, or portions or applications thereof; shall apply to the extent set forth in F.S. 768.28, but in no event shall they apply to liability caused by the negligence of the COUNTY, or its agents. servants employees or officers. Section 7. Notice of Complaints or Suits: Each party will promptly notify, the other of any citizen complaint, claim, suit, or cause of action threatened or commenced against it which arises out of or relates, in any manner, to the performance of this Agreement. Section 8. Breach and Opportunity to Cure: The parties expressly covenant and agree that in the event either party is in default of its obligations under this Agreement, the party not in default shall provide to the defaulting party thirty (30) days written notice before exercIsmg any of its rights. Section 9. Enforcement Costs: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to this Agreement " " Section 10. Notice: All notices required to be given under this Agreement shall be in writing, and deemed sufficient to each party when sent by United States Mail, postage prepaid, to the following: As to the COUNTY: Palm Beach County Engineering Department Land Development Division Ken Rogers, P .E., Director 2300 North Jog Road West Palm Beach, Florida 33411-2745 As to the CITY: The City of Boynton Beach- Attn: Utilities Department City Hall: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 Section 11. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. Section 12. Remedies: This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Section 13. Joint Preparation: The preparation of this Agreement has been ajoint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. Section 14. Execution: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Section 15. Filing: A copy of this Agreement shall be filed with the Clerk of the 4 Court in and for Palm Beach County, Florida. Section 16. Termination: This Agreement may be terminated by either party. with or without cause, upon thirty (30) days written notice to the other party. Section 17. Effective Date: This Agreement shall take effect upon execution. Section 18. Compliance with Codes and Laws: Each party agrees to abide by all laws, orders, rules, policies and regulations. IN WITNESS WHEREOF, the undersigned parties have executed this Interlocal Agreement on the day and year first written above. ATTEST: Sharon R. Bock, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Addie L. Greene, Chair APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO TERMS AND CONDITIONS By: Assistant County Attorney A TTEST: CITY OF BOYNTON BEACH By: By: City Clerk Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney :) ~\-r::..~,,,,, /' ".'. - .' .~~\ i If,l ) :r c\ Iv J-->.,_ ./j', \'" ,-- , "'1'0 '9 VI.-CONSENT AGENDA ITEM C.g CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Meeting Dates in to City Clerk's Office Meeting Dates [gJ Apri115,2008 March 3], 2008 (Noon) D June] 7,2008 D May 6, 2008 Apri] ]4,2008 (Noon) D July], 2008 D May 20, 2008 May 5, 2008 (Noon) D Ju]y ] 5,2008 D June 3, 2008 May] 9, 2008 (Noon) D August 5, 2008 Date Final Form Must be Turned in to City Clerk's Office June 2, 2008 (Noon) June ]6,2008 (Noon) June 30, 2008 (Noon) C; July 14, 2008 (Noon) CO D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM r8J Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D - ~ ::t:.'5.. :;;0 N 0:) '~-l =-~j -< --<c ?--; -"'r1 ~._. c;c; ,.::J :l> ::s: "__,-I u::> Ul' ~'-'.'_":_' ;::::; ~: fT1 (~ RECOMMENDATION: A motion to approve a Resolution for a Contract with Stanley Consultants, Inc. of West Palm Beach, Florida for the "OCEAN A VENUE-INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY", RFQ# 00S-2513-0S/JA, in the amount of $58.346.00. EXPLANATION: Subsequent to the action of the City Commission at their January 15, 200S meeting that authorized staff to negotiate a contract for the above identifIed study, the presented scope of services sets the stages for the study and interim presentation to the City Commission on their fmdings and recommendations before authorizing further design and construction tasks. PROGRAM IMP ACT: As previously stated, this study will address a possible alternate access route to the project site located at 514 - 518 West Ocean Avenue, which is located on the south side of West Ocean A venue, directly abutting the east side of the CSX Railroad corridor. FISCAL IMPACT: CP 0818, Account # 302-4301-580-630S; Budget amount for Construction is $1,500.000.00. This study, in the amount of$58,346.00, will be paid with these budget funds. ALTERNATIVES: Do not proceed with this analysis and identify an alternative truck access route. ;:[ILL 'Ix ,~r!_c, v' !/'L.-~--c~----<--\. City Manager's Signature --' City C: Jeff Livergood David Kelly - File Public Works Director City Engineer S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC 20 21 22 23 24 25 26 I I I I I' 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R 08- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF A CONSULT ANT AGREEMENT (RFQ # 008-2513- 08/JA) BETWEEN THE CITY OF BOYNTON BEACH AND ST ANLEY CONSULTANTS, INC., FOR THE OCEAN AVENUE - INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY IN THE AMOUNT OF $58,346.00; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO ENTER INTO THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach issued a Request for Qualifications (RFQ 17 #008-2513-08/JA) for the study of a possible alternate access route to the project site 18 located at 514-518 West Ocean Avenue; and 19 WHEREAS, the City Commission, at the January 15, 2008, meeting authorized staff to negotiate a contract for the alternate access route study; and WHEREAS, the Scope of Services sets the stage for the study and interim presentation tot he City Commission before authorizing further design and construction tasks. 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 27 as being true and correct and are hereby made a specific part of this Resolution upon 28 adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 authorizes the execution of the Consultant Agreement with Stanley Consultants, Inc.. ror the SICAIRESOlAgreemenlslBid AwardslAward of Consultant Agreement - Stanley Cons (Alternate Route) doc II II Ocean Avenue - Interstate 95 Project Alternate Access Route Study (RFQ#008-2513- 2 08/JA) in the amount of $58,346.00. 3 Section 3. The City Commission authorizes the City Manager and City Clerk to 4 execute a Consultant Agreement with Stanley Consultants, Inc., a copy of which is attached 5 hereto as Exhibit "A". 6 Section 4. That this Resolution shall become effective immediately. 7 PASSED AND ADOPTED THIS _ day of April, 2008. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ATTEST: 24 25 26 27 28 Janet M. Prainito, CMC 29 City Clerk 30 31 32 33 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez Commissioner - Ronald Weiland Commissioner - Woodrow L. Hay Commissioner - Marlene Ross S:\CA\RESOlAgreements\Bid AwardslAward of Consultant Agreement - Stanley Cons (Alternate Route).doc DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 08-020 FROM: H. David Kelley, Jr., PE/PSM ."> Asst. Director ofP.W.lCity Engineer REC,ErVED MA?~ TO: Bobby Jenkins, Deputy Director Financial Services Department DATE: March 11, 2008 RE: Proposed Contract with Stanley Consultants, Inc. Ocean Avenue - Interstate 95 Project Alternate Access Route Study Subsequent to our memorandum dated December 28, 2007 to you recommending the best consultant for this study, and the concurrence by the City Commission at their regular meeting of January 15, 2008, we have negotiated a Scope of Services of tasks 1 through 3 with Stanley Consultants, Inc. of West Palm Beach, Florida. This is for the "OCEAN AVENUE - INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY", RFQ# 008-2513-08/JA in the amount of $58,346. We have also prepared a tentative agenda item for the City Commission meeting, which includes the detailed Scope of Services; a copy has been forwarded to Janet Allen of your office. '" I have a call into the consultant for a follow-up signature page to complete this scope as an agreeable contract. We will get you the revised documents once received. It is recommended that the City Commission authorization be given to commence this contract scope of services for the tasks outlined, pursuant to the staging of the study. If you have any questions regarding this matter, please advise me. xc: Jim Cherof, Esq., City Attorney Jeff Livergood, PE, Director ofP.W. Dept. Carol Doppler, Purchasing Agent, Finance Dept. (w/o atch) File CONSULTANT AGREEMENT FOR OCEAN AVENUE - INTERSTATE 95 PROJECT ALTERNATE ACCESS ROUTE STUDY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Stanley Consultants. Inc.. of West Palm Beach. Florida. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT services in connection with the project designated. 2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the city's assigned project manager. 3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement within 120 days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. PAYMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $58.346.00 without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertammg to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. CA-l 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1 ,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its CA-2 discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. 15. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Consultant shall be sent to the following address: Stanley Consultants, Inc. 1601 Belvedere Rd. West Palm Beach, FI 33406 Contact: Mark E. Weber, P.E. CA-3 17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda. represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of . 2008. CITY OF BOYNTON BEACH City Manager Consultant Attest! Authenticated: Title (Corporate Seal) City Clerk Approved as to Form: Attest! Authenticated: Office of the City Attorney Secretary Rev. 1/22/91 CA-4 EXHIBIT "B" OCEAN AVENUE -INTERSTATE 95 ALTERNATE ACCESS ROUTE STUDY SCOPE OF SERVICES The City of Boynton Beach is seeking a Consultant Engineering firm to study a possible alternate access route to a project site located on 514 though 518 West Ocean Avenue, which is located on the south side of West Ocean Avenue, directly abutting the east side of the CSX Railroad corridor on the west side of the Interstate 95. INTRODUCTION/BACKGROUND The City Of Boynton Beach has retained Stanley Consultants, Inc., to study a possible alternate access route to a project site situated in NW % of Section 28, Township 45 South, Range 43 East, bounded on the east by Interstate 95, on the north by West Ocean Drive, on the west by the CSX Railroad corridor, and on the south by private property owned by the Winchester family. The project site is currently accessed via West Ocean Avenue at the existing railroad crossing, which is currently serving the project site and another adjacent property owner of the Bulldog Fence Company. PHASE 1- PROJECT COORDINATION Upon written authorization, the CONSULTANT (Stanley Consultants, Inc.) will perform the following tasks for the CLIENT (City of Boynton Beach): Task 1: Coordination Meetinas In order to ensure proper communication and coordination between the Ocean 95 project developer, the City of Boynton Beach, the community and the necessary agencies, the following meetings are included in the scope of services: a) Project Kick-off Meeting 1. A kick-off meeting will take place to inform the CLIENT about the project scope, schedule, project team members, and to establish the project paper trail process. The CONSULTANT's project manager will provide the CLIENT a list of the project team members and contact information. 2. The CONSULTANT will propose the composition of a Study Advisory Team (SAT). The CLIENT will name or establish the SAT and will provide the SAT members' information to the CONSULTANT. 3. The project administrative process will be discussed, including: progress reports, invoicing procedures, point of contact, project communication process, etc. b) Property Owners' Meeting The meeting will including the Ocean 95 Project developers/owners, representatives from the CLIENT, the Bulldog Fence Company (The Bill Winchester Family Property), other directly involved property owners, and the CONSULTANT. The purpose shall be to obtain the most recent information related to the Ocean 95 Project, site plans, access issues, concerns, and or access requirements. One meeting is proposed. Scope of Services - City of Boynton Beach Page 1 of 4 c) Coordination Meeting with CSX Transportation, the CLIENT, and FOOT 1. The meeting will include details about the railroad crossing relocation process, requirements, criteria, and to identify the responsible office for reviewing and responding to the CLIENT's request, through the CONSULTANT. One meeting is proposed. 2. An allowance amount will be included in the Fee Estimate to cover potential costs for a coordination meeting in Tallahassee, if necessary. d) Study Advisory Team (SAT) A maximum of two meetings are proposed with the SAT. The meetings will be used to present the progress of the project and to obtain advice and guidance related to the issues expected to be identified during the completion of Phase I of the project. The SAT can be composed by a representative form FOOT Modal Development Office, CSX Railroad Company, and the City of Boynton Beach Project Manager. e) Summary Report (Deliverable 1) 1. Following the coordination meetings with the respective stakeholders, the CONSULTANT will prepare a summary report. The report will provide a summary of the findings gathered at the meetings listed under this Task. The report will be used to define the next action or activities upon direction from the CLIENT. 2. The CONSULTANT will submit three (3) copies of the report to the CLIENT. Task 2: Presentation to SAT and City Commission A presentation to the SAT and City Commission will be conducted following the completion of Task 1. The presentation will include a summary of the results from the previous tasks and will specifically include the potential to obtain acceptance to consider a new railroad crossing at Morton Way. During this meeting, the SAT and the City Commission will be asked to provide recommendations and directions for the completion of Phase II as described below. Scope of Services - City of Boynton Beach Page 2 of 4 PHASE 11- RAILROAD CROSSING APPLICATION (Written Authorization from CLIENT is required before initiation of Phase II) Task 3: Public Hiahwav - Railroad Grade Crossina Proaram As part of the FOOT Opening/Closing Public Highway - Rail Grade Crossing Program, the CONSULTANT will prepare an application for the railroad crossing opening at the desired location (Morton Way extension). a) Application Preparation and Documentation Completion of the Opening/Closing Rail Grade Crossing application will include the following: 1. Site Visit - A field review will be conducted to obtain site pictures and other relevant information. The field review will be completed by the Project Manager and the Project Engineer. 2. Aerial photograph - A high resolution aerial photograph will be obtained (unless provided by the CLIENT). The aerial photograph is required to facilitate design and public information elements. 3. Properties Survey - The Ocean 95 project parcel survey and other relevant properties within the study area will be obtained from the CLIENT. No surveying function is included in this task. 4. Ocean 95 Development Plan - The most recently approved project master plan and site plan submitted by the Ocean 95 project developer will be provided by the City of Boynton Beach and / or the Ocean 95 project developer. 5. Traffic Study and / or traffic data for Ocean Avenue and Morton Way - A copy of the traffic study completed for the Ocean 95 project will be obtained by the CONSULTANT. All available traffic data shall be collected from the CLIENT, FOOT, Palm Beach County, and the City of Boynton Beach, and reviewed by the CONSULTANT. 6. Traffic volumes for Morton Way will be obtained by the CONSULTANT. Additional data required will be collected under a separate additional services task. 7. The CONSULTANT will coordinate with the CSX Railroad to obtain CSX right-of-way maps. 8. Drainage easements and outfall locations - The CONSULTANT will obtain documentation from the CLIENT to identify the drainage easements and outfall locations within the project boundary. 9. The CONSULTANT will coordinate with the CSX Railroad to obtain the number and the speed of trains currently utilizing the railroad corridor. 10. The CONSULTANT will provide an inventory of the existing railroad crossing safety features. 11. Development of a schematic (conceptual) alignment and roadway cross section with an opinion of probable construction cost for the preferred alternative. Scope of Services - City of Boynton Beach Page 3 of 4 b) Community Involvement Meeting 1. The CONSULTANT will prepare a Public Involvement Plan that will include outreach activities. 2. One community meeting is proposed to inform the community about the intent of the project and to obtain input. The CONSULTANT will be responsible to coordinate with the CLIENT to define the community area to be contacted and to obtain, from the CLIENT, the property owners information to coordinate the community meeting. The CONSULTANT will prepare invitation documentation to be sent by the CLIENT to the community. The CLIENT will approve all communication documentation prior to delivery. 3. The CONSULTANT will prepare reports, drawings, boards, and other material required for the Community meeting. c) Progress Meetings Two additional meetings are proposed to be held with the CLIENT to discuss details about the progress of the project as well as other issues that may arise. d) Respond to FOOT Application Comments The CONSULTANT will respond to comments provided by the FOOT in reference to the Opening/Closing Rail Grade Crossing application. The responses will be submitted to the FOOT for review. The CONSULTANT will prepare up to three rounds of responses to FOOT comments. Additional FOOT comments will be addressed under a separate additional services task. e) Study Advisory Team (SAT) Upon receipt of the FOOT Stipulation of Parties (SOP) agreement, which serves as the Final Order to open the crossing, the CONSULTANT will present the findings to the SAT. The CONSULTANT will submit the schematic (conceptual) alignment for the Morton Way extension showing the tentative alignment and roadway cross section to the CLIENT, along with an opinion of probable construction cost for the preferred alternative. f) City Commission Presentation Based on comments provided by the SAT, a final presentation to the City Commission will be made by the CONSULTANT summarizing the findings. g) Summary Report (Deliverable 2) 1. Following the City Commission and SAT presentations, the CONSULTANT will prepare a summary report. The report will provide a summary of the findings gathered at the presentations listed above. The report will be used to define the next action or activities upon direction from the CLIENT. 2. The CONSULTANT will submit three (3) copies of the report to the CLIENT. Task 4: Implementation Upon recommendation of the City Commission to proceed with the railroad opening, the CONSULTANT will submit an appropriate scope and fee for this phase of the project. Scope of Services - City of Boynton Beach Page 4 of 4 If) w If) Z W /1. >< W a: w J: ... o If) w a: o (J a: o lD "I: ..I egg d u:i ",on '" oCo 00 d u:i 0'" '" - '" w !;;( :; j::: If) W W W "- .. $ rgt g:e '" - o ~j ~~ '" 10 on ~ ;;; r-o- o u:i r- ;;; r- u i c~ ;; .2:!t :2~~i o1(~.a: u:wec: ... >. C. ca 1i~t~ m.:co mS.21i .sl~r s'o-i= o_a:E ~5i~f..) o e Ii] ~8"a.E uJtt:a ..ea: e8 o o N '" ;;; l.:1f) !lilii ...0 (J >iSV <J3d.1S0:) aOPd lIun ;;lUueno S.1S0~ AdO:) 1V.10 ISO:) I!Ur S[EU!WqnS ~o 'ON >iSV.1<J3 .1S0:) <J08\f1 s<Jnm -NVVIJ>iSV 1V.10.1 1"I0.1V1Jrs z 0 DaiS JOlun ~ Juawa^,~ul Z onqnd VlJr! 2i II: 0 0 (J UEIS JO!U9S ... 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Clc C .Q (/) -= 19 "E o C Ql U ~ ~ c: igg 82 C\l e c'+=- c: S C I i-g~ ~~~~ -;nl~ .~ec~ >ost: "'6c..~.~ ca.- Q) 3 E Q.l- 11H~;:m<tt3 I";; ctI~.!:O~ c:t:: ':f '" 0 15 C > .2, S< u Q: .E ~ LL. ~ .~I Ii) = c.a '" S.;;; e,<:!: .g ,g." "'"" EI S t1. cd ~ (/) !:: <( 0 ns , I~ EE ~ ~ ~.'::" ~ MI9 5 Q) ::3:'::;:J ~<(8Q:a:Ci5oCl) ~C'tl..co"cQ)_ ... ... .. ~ ..I "I: ... o ... lD "'" CO) cD on ~ u iE J!J c: .a "S ,..~ ~ "'2 rtI ~ .. x .; o o '" <b '" N o .. 1ii ~ w .. " u. .. < c .. .. 8 0; 1ii E ~ w .. tl:' N o 13 f! C 8 .. 0: N o ;;: tJl '" ~ ~ on o ~ ~I .. 'e ~ :b c. ;:: '" w (J Z "I: == o ..I ..I "I: c:J z 2i ::l ..I (J :!: ..I "I: ... o ... e z "I: a: c:J '0 .. '" .. <l. '" o o ~ 1<: CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM VI.-CONSENT AGENDA ITEM D. 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 [gJ April 15. 2008 March 3], 2008 (Noon) D June] 7, 2008 June 2, 2008 (Noon) D May 6, 2008 April ]4,2008 (Noon) D July 1, 2008 June] 6, 2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July] 5, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) "' - D Announcements/Presentations D City Manager's Report "' ;:-::t">" NATURE OF D Administrative D New Business ~'::J .-.-'''; AGENDA ITEM [gJ Consent Agenda D Legal I w D Code Compliance & Legal Settlements D UnfInished Business :::r:."h D Public Hearing D RECOMMENDATION: Authorize the use of$500 for the Galaxy Elementary School Spring Carnival, Saturday,-Aprit19,. 2008 from Mayor Taylor's Community Investment Funds. 1"..::. :'i" EXPLANA TION: Commission approval is requested for allocation of $500 to help defray cost offood, rides, and games for Galaxy Elementary School's Spring Carnival, Saturday, April 19, 2008. PROGRAM IMPACT: Allocation of funds will help defray cost for above event. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TIVES: Decline to authorize the requested use. Department Head's Signature ~. City Manager's Signature Assistant to City Manager ~ 17Pt City Attornf / Finance Department Name S:IBULLETINIFORMS\AGENDA ITEM REQUEST FORM. DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 2, 2008 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $500.00 Recipient/Payee: Galaxy Elementary School Description of project, program, or activity to be funded: Funds will help defray cost of food, rides, and games for Galaxy Elementary School's Spring Carnival, Saturday, April 19. 2008. Dated: l-f /;) /cr:< Bv' /J ~. /uiU .J' /~ A/ . -...-' Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $3,000 has been used to date by the requesting Member, leaving a balance of available funds of $7,000. This request would bring the available amount down to $6,500. Accordingly: 6' There are funds available as requested Dated: 4. :~e;:;e insufficient funds av:~~~ Finance Director Part 111- Eligibility Evaluation (to be completed by City Manager) !1' The proposed expenditure of funds will not result in improvement to private property; 8' The recipient/payee provides services within the City of Boynton Beach; f3'"" The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and [j./' Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. Dated: 41. - 7 - 0<6 By: J/$,~ City Manager ' S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc Laura M. Riopelle Principal c7r~~ . f? " r . t}e)/Y;tfJ:.>I/ t! '(,7 t-J" t ." ~ ~/:r~/()rr cc.: r-. v~ . ) ~ LaToya Dixon .,..\").~ Assistant Principal Galaxy Elementary School "Where all children learn and achieve" February 25, 2008 Mr. Jerry Taylor Mayor of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 Re: Galaxy Elementary Community Spring Carnival Galaxy Elementary Community Spring Carnival Saturday, April 19,2008 Dear Mayor, Jerry Taylor: Galaxy Elementary along with our Shining Stars families is having a Community Spring Carnival. In conjunction with this carnival, we will be 301 Galaxy Way, Boynton Beach, Florida 33435 · (561 )739-5600 . Fax (561 )739-5650 showing appreciation to our community and stakeholders who have supported our shining star students during our academic school year. This carnival will take place a month after the FCA T and this is our way of showing our students and community that we appreciate them for all of their hard work, especially our shining star students. We are hoping that this family and community event get together of fun, food and laughter, would be a way of relieving some of the stress our students felt when preparing for and taking the FCA T. We are asking if you can again this year, please join hands with us as we make this event a grand success. We would like for the City of Boynton Beach, to make a contribution to thiS fun filled cause. Please see attached our expense sheet. Any amount that you might be able to contribute will be greatly appreciated. If donating, we would like to receive the contribution no later than Friday, March 14,2008. Make all checks payable to Galaxy Elementary School. Thanking you once again in advance for your donation and your continued support for' our school. If you should need further information, please feel free to cal!, Erica Minus, Guidance COljnselor at Galaxy Elementary School, (561) 739-5600 Yours in Educatio~1 , Erica R. Minus "..\ .11 J ",_:I . j;\ :I<,.! . ,~.., \~,,' / !/.' " Feb 25 08 12:08p A Perefct Party 561-686-3693 p 1 A 'PerfeCt Party. Inc. lf6lfS-A Sou'thern BlVd. WeSt 'Palm Beach. FL j3q15 (561) 798-17l(4 Fax (561)686-3693 www.aperfeetparty.net Invoice Event Date Invoice # 4/19/2008 6864 BFlJTo Party Address 195 (S) Boynton Beach Blvd. (E) tum left at Capmin seafood, stop sign make a left school is on that road. Galaxy EJementlll)' - PTO 301 Galaxy Way BO}TIton Beach, FL 33435 Attn.; Erica Minus Order Date Time Home Phone # Cell Phone # Work Phone # Fax # 4/1912008 1O-2pm 739-5611 739-5650 Ilem Description Quantity Rate Amount 0061 "Jungle Xtremc" Obstacle Course with attendant 1 475.00 475.00 0055 Rip Tidc Ride Water Slide with attendant 1 475.00 475.00 001 Bounce House with attendant I 160.00 160.00 140 Dunk Tank, no attendant 1 175.00 175.00 320 C()tton Candy w. Attendant and 250 Supplies 1 250.00 250.00 0080 Mechanical Rides: Rascal Rocket w. attendant I 650.00 650.00 0080 Mechanical Rides: Dumbo or Airplane Ride w. attendant- I 700.00 700.00 8 people Subtotal $2,885.00 Sales Tax (6.5%) $0.00 Signature Date Total $2,885.00 Cancellation Policy: 48 hour notice prior to event is required to avoid cancellation fees. Deposit/Credit $0.00 iolidll)' and special events are exempt from cancellation policy. Balance Due $2,885.00 VI.-CONSENT AGENDA ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ April 15, 2008 March 31, 2008 (Noon) D June] 7,2008 June 2, 2008 (Noon) 0 May 6. 2008 April ]4,2008 (Noon) D July 1, 2008 June ]6,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15,2008 June 30, 2008 (Noon) D June 3, 2008 May] 9,2008 (Noon) D August 5, 2008 July 14, 2008 (Noon) NATURE OF AGENDA ITEM D D [gJ D D Announcements/Presentations Administrative Consent Agenda D D D D D City Manager's Report New Business , W RECOMMENDATION: Authorize the use of$l ,000 for Bethesda Hospital's Nurses Week, May 4 thru 10, 2008:Jfr.om ,,; Mayor Taylor's Community Investment Funds. ~ - Code Compliance & Legal Settlements Public Hearing Legal UnfInished Business .....~,....~ c;:, ::......_!.f ~,... ;:v EXPLANA TlON: Commission approval is requested for allocation of $1 ,000 to help defray costs for rewarding rmrsing:stafj for their outstanding care and compassion to patients during National Nurses Week which will be celebrated at Bethisda iT) _ ~ Hospital May 4 thru 10,2008. PROGRAM IMPACT: Allocation of funds will help defray cost for above event. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approval. AL TERNA TlVES: Decline to authorize the requested use. Department Head's Signature k City Manager's Signature Department Name S:\BULLET]N\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: April 2, 2008 Requested by Mayor/Commissioner: Mayor Taylor Amount Requested: $1,000.00 Recipient/Payee: Bethesda Memorial Hospital Description of project, program, or activity to be funded: Help defray cost for rewarding nursing staff for their outstanding care and compassion to patients during National Nurses Week which will be celebrated at Bethesda May 4 thru 10,2008. Dated: 'i l~ /015 By: d~- (<-/~~ Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $2,000 has been used to date by the requesting Member, leaving a balance of available funds of $8,000. This request would bring the available amount down to $7,000. Accordingly: ~ There are funds available as requested Dlnere are insufficient funds avail~~e u ~ Dated: 4.2..08 By:!:i2(__ Finance Direc or Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: ~ The proposed expenditure of funds will not result in improvement to private property; ~ The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City: and ~ Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. ~ City Manager 1-}-ob By: S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc ==== Bethesda ~ Memorial Hospital March 20, 2008 Commissioner Ron Weiland City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FI 33435 Dear Commissioner Weiland, Every year Bethesda Memorial Hospital celebrates our nurses during Nurses Week for their outstanding nursing care and compassion. Bethesda Memorial Hospital in Boynton Beach employs over 800 nurses and we feel they truly are the heart and soul of patient care. Their challenging work in caring for our community should be recognized this time of year. We are grateful for your generous support last year for the Jayne E. Miller Nursing Scholarship Fund. This year the National Nurses Week theme is "Nurses Making a Difference Every Day". During this critical state and national nursing shortage, retaining our caring and experienced nurses is crucial. Hence, we kindly request a donation to assist us in rewarding our nursing staff. National Nurses Week will be celebrated at Bethesda, May 4th thru May 10th 2008. We are seeking 'your support in helping to make the celebration special for our nurses. Any assistance you can provide in the way of a donation this year for our nursing staff would be greatly appreciated. We would be honored if you could join us along with Mayor Taylor for Bethesda's Nurse Appreciation Breakfast and Award Celebration on Wednesday May 7, 2008 to officially proclaim May 4th through May 10th Bethesda Healthcare System Nurses Week. We look fornrard to hearing from you. For any questions, please contact me at 737-7733 ext. 4501. Sincerely, . ~ ' n .~~~~~~ezr~ Geralyn Lunsford, RN, BSN, :MHM Vice President Patient Services/CNO Gllkw 2815 South Seacrest Boulevard · Boynton Beach, Rorida 33435 . (561) 737-7733 ~\"fY 01:- ...............\ '(ll .... .. J: o . ...... ... (J ,~....~ 1'0 N ~ 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 Meeting Dates in to City Clerk's Office Meeting Dates 0 April] 5.2008 March 3],2008 (Noon) D June] 7, 2008 D May 6, 2008 April ]4,2008 (Noon) D July], 2008 D May 20, 2008 May 5, 2008 (Noon) D July] 5,2008 D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 Date Final Form Must be Turned in to City Clerk's Office June 2, 2008 (Noon) June ]6,2008 (Noon) June 30, 2008 (Noon) ., -...f .< July 14,2008 (Noon) c,..) " ..1 D AnnouncementslPresentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM 0 Consent Agenda D Legal D Code Compliance & Legal Settlements 0 UnfInished Business D Public Hearing D -. .. wi {""-.- ---' RECOMMENDATION: Authorize the use of$3,000 for Bethesda Hospital's Nurses Week, May 4 thru 10,2008 from Commissioner Weiland's Community Investment Funds. EXPLANATION: Commission approval is requested for allocation of$3,000 to help defray costs for rewarding nursing staff for their outstanding care and compassion to patients during National Nurses Week which will be celebrated at Bethesda Hospital May 4 thru 10,2008. PROGRAM IMPACT: Allocation of funds will help defray cost for above event. FISCAL IMPACT: (Include Account Number where funds will come from) 001-1110-511-95-47 Funds are budgeted for these types of activities. Each Commissioner has $10,000 in Community Investment Funds to allocate subject to Commission approvaL Department Name ill ,. City Manager's Signature Assistant to City M~nager ~ /21:?4 City Aiorney / Finance ALTERNATIVES: Decline to authorize the requested use. Department Head's Signature S\BULLETIN\FORMS\AGENDA ]TEM REQUEST FORM DOC EXHIBIT A COMMUNITY INVESTMENT FUND DISBURSEMENT REQUEST FORM Part 1- Summary of Request Date of Request: March 27,2008 Requested by Mayor/Commissioner: Commissioner Weiland Amount Requested: $3,000.00 RecipientlPayee: Bethesda Memorial Hospital Description of project, program, or activity to be funded: Help defray cost for rewarding nursing staff for their outstanding care and compassion to patients during National Nurses Week which will be celebrated at Bethesda May 4thru May 10,2008. Dated::; 1,)7/1..'6 By: /]..~~ t-.v/ vt:aL Part II-Availability of funds (to be completed by the Finance Director) The annual appropriation of funds available to the requesting Member of the Commission listed above is $10,000. $500 has been used to date by the requesting Member, leaving a balance of available funds of $9,500. This request would bring the available amount down to $6,500. Accordingly: ~ There are funds available as requested ~, . There are insufficient funds availab:.~. ~~:~'~~1dst , d. ,/-' . J D d " '\ h ')0 B'" t-j. " . \ ate: .....,"~ ( ..L' y: .'. ~X::..),(, .f,\.l/)/c-rt ('''-... Finance Director ,~. Part 111- Eligibility Evaluation (to be completed by City Manager) Dated: 6 The proposed expenditure of funds will not result in improvement to private property; ..Q The recipient/payee provides services within the City of Boynton Beach; o The project, program or activity which is being funded will occur in the City of Boynton Beach and participation is open to all residents of the City; and ft Proper safeguards will be implemented to assure that the public funds being appropriated will be used for the stated purpose. ;,-,1- 0 b By: k City Manager ~ S:\City Mgr\Administration\MA YORCOM\COMMUNITY INVESTMENT 2005-2006\BLANK FORM REVISED05- 06.doc ~ Bethesda Memorial Hospital March 20, 2008 Commissioner Ron Weiland City of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, Fl 33435 Dear Commissioner Weiland, Every year Bethesda Memorial Hospital celebrates our nurses during Nurses Week for their outstanding nursing care and compassion. Bethesda Memorial Hospital in Boynton Beach employs over 800 nurses and we feel they truly are the heart and soul of patient care. Their challenging work in caring for our community should be recognized this time of year. We are grateful for your generous support last year for the Jayne E. Miller Nursing Scholarship Fund. This year the National Nurses Week theme is "Nurses Making a Difference Every Day". During this critical state and national nursing shortage, retaining our caring and experienced nurses is crucial. Hence, we kindly request a donation to assist us in rewarding our nursing staff. National Nurses Week will be celebrated at Bethesda, May 4th thru May 10th 2008. We are seeking your support in helping to make the celebration special for our nurses. Any assistance you can provide in the way of a donation this year for our nursing staff would be greatly appreciated. We would be honored if you could join us along with Mayor Taylor for Bethesda's Nurse Appreciation Breakfast and Award Celebration on Wednesday May 7, 2008 to officially proclaim May 4th through May 10th Bethesda Healthcare System Nurses Week. We look forward to hearing from you. For any questions, please contact me at 737-7733 ext. 4501. Sincerely, / n ,>CI'-e-'LA-e~ t::;rd~/L-~Z{/)-X Geralyn Lunsford, RN, BSN, MHM Vice President Patient Services/CNO Gl/kw 2815 South SeaCfest Boulevard. Boynton Beach, Aorida 33435. (561) 737-7733 [\,.~",. " \ { ',' ..' ',1_ ri' \ j """ '0\_ _ _ _ ,,;/((J ;.':>.;, " ,>,-"'\,,, '. -', < to N ,~ VI.-CONSENT AGENDA ITEM G. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ April 15,2008 March 3], 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16, 2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July] 5, 2008 June 30, 2008 (Noon) D June 3. 2008 May ]9,2008 (Noon) D August 5, 2008 July ]4,2008 (Noon) D Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM [8J Consent Agenda D Legal D Code Compliance & Legal Settlements D UnfInished Business D Public Hearing D RECOMMENDATION: Motion to approve the full release ofsurety for the projects known as Montreux I and II, in the aggregate amount of $438,100.00; and returning letters of credit number DBS-16551 and DBS-17099 to Lennar Homes, the developer of the project. EXPLANATION: All required utility improvements for this project have been completed, accepted by the Utilities Department, and have performed satisfactorily through the I-year warranty period. The surety can therefore be released and should be returned to the developer Lennar Homes, Inc. (c/o Andy MacGregor, Land Development Manager, 1015 N. State Road 7, Suite C, Royal Palm Beach, FL 33411). PROGRAM IMPACT: None FISCAL IMP ACT: None. ,_::J ') ", --i j~'< c.,) ) Department Head's Signature Jr4~ City Manager's Signature -0 - ", -_..j l v.) -..l .' ~'-~-'~ i iTl ~...-) UTILITIES Department Name City Att XC: ,l Peter Mazzella Christopher Roschek City Attorney Finance Dept. File S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC MEMORANDUM UTILITIES DEPARTMENT TO: Mary Munro, Budget Coordinator, Finance Department (w/original) Jim Cherof, City Attorney (w/copy) Peter Mazzella, Deputy Director of Utilitie~ FROM: DATE: October 24, 2006 SUBJECT: Mohtteu'X~I'I;?iiiii~etter of Credit Transmittal Enclosed is replacement letter of credit no. DBS-17099 from Deutsche Bank as surety for the construction of the water and sewer improvements for the subject project. This version of the letter of credit includes the water and sewer permit numbers, as issued by the Health Department, and is therefore more specific to the required improvements than the previous version, which referenced the County's land development permit number. Please review this letter of credit, and if acceptable, retain for further use. If you find any deficiencies in this letter of credit, or have any questions regarding it, please contact me directly. Attachment XC: Laurinda Logan, Engineering Fiili~w LENNAR {!fllIllf\ lalu, /11" :111\ May 20, 2005 Peter Mazzella Deputy Director of Utilities City of Boynton Beach 124 E. Woolbright Road Boynton Beach, FL 33435 Subject: Montreux (Barwick Road Property) Dear Peter, As you are aware, the above-referenced property encompassed by the Plat of Montreux was conveyed to Lennar Homes, Inc. on May 11, 2005. In accordance with the foregoing, Lennar Homes, Inc. has agreed to replace the $337,700 cash bond which was previously deposited by Mitch and Teri Gevinson and Garrett Bender (collectively "Sellers") as a guaranty for certain water and sewer required improvements. Please find enclosed letter of credit for $337,700 which we trust will satisfy your requirements for the aforementioned guaranty and will permit you to release the cash bond previously deposited by Sellers. Should you have any questions in this matter, please do not hesitate to contact me at 561- 333-4700 x17!. Sincerely, L~~ AndYMacG~. , Land Development Manager AM:jg @- 1015 N. State Rd. 7 · Suite C · Royal Palm Beach, FL 33411 · Telephone: 561-333-4700 . Fax: 561-333-2474. www.lennar.com ~ Deutsche Bank 1/' DEUTSCHE BANK AG NEW YORK BRANCH 60 WALL STREET NEW YORK, NEW YORK 10005 AITENTION: GLOBAL LOAN OPERATIONS, STANDBY LEITER OF CREDIT UNIT TO: CITY COMMISSION OF BOYNTON BEACH C/O CITY ENGINEER, AGENT FOR THE CITY 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH, FLORIDA 33435 RE: OUR LEITER OF CREDIT NO. DBS-16551 LAND DEVELOPMENT PERMIT NO. 886-0011146605, FOR MONTREUX DATE: MAY 19,2005 AMOUNT: U.S. DOLLARS $337,700.00. EXPIRATION DATE: MAY 19,2006 WE HEREBY OPEN OUR CLEAN IRREVOCABLE LEITER OF CREDIT NO. DBS-16551 IN FAVOR OF THE CITY. OF BOYNTON BEACH, FLORIDA ("CITY") FOR THE INITIAL AMOUNT OF THREE HUNDRED THIRTY SEVEN THOUSAND SEVEN HUNDRED U.S. DOLLARS ($337,700.00) EFFECTNE AS OF THIS DATE, WHICH SHALL REMAIN EFFECTNE UNTIL RELEASED BY A RESOLUTION ADOPTED BY THE CITY COMMISSION AT A REGULAR CITY COMMISSION SCHEDULED MEETING THIS LETTER OF CREDIT IS ISSUED PURSUANT TO THE TERMS OF THAT CERTAIN LAND DEVELOPMENT PERMIT NUMBER 886-0011146605 (HEREINAFTER, "PERMIT"), ISSUED TO LENNAR HOMES INe. AS DEVELOPER, BY THE CITY OF BOYNTON BEACH, FLORIDA, TO DEVELOP A SUBDNISION TO BE KNOWN AS MONTREAUX (HEREINAFTER, CALLED THE "PROJECT"), AND TO CONSTRUCT AND INSTALL THE REQUIRED PUBLIC IMPROVEMENTS SUBSEQUENT TO RECORDATION OF SAID PLAT FOR THE PROJECT PURSUANT TO THE TERMS OF THE PERMIT. THIS LETTER OF CREDIT, HOWEVER, IS INDEPENDENT OF SAID PERMIT AND REFERENCE HEREIN IS FOR INFORMATION ONLY. THE INITIAL AMOUNT OF FUNDS AVAILABLE UNDER THIS LETTER OF CREDIT AND STATED ABOVE BE REDUCED FROM TIME TO TIME BY THE CITY ENGINEER, AS THE AGENT FOR THE CITY OF BOYNTON BEACH. IN ACCORDANCE WITH THE REQUIREMENTS . \ OF THE SUBDNISION, PLAITING, AND REQUIRED IMPROVEMENTS REGULATIONS, CHAPTERS 2.5, 5 AND 6 RESPECTNELY OF THE LAND DEVELOPMENT REGULATIONS. WE HEREBY AGREE THAT SUCH REDUCTION SHALL NOT BE EFFECTNE UNTIL WE HAVE FURNISHED A WRITTEN AMENDMENT TO THIS LEITER OF CREDIT. SUCH AMENDMENT Deutsche Bank 1/1 SHALL REFERENCE THIS LETTER OF CREDIT AS WELL AS THE PERMIT NUMBER AND PROJECT NAME, AS SET OUT HEREIN, AND THE NEW AMOUNT REQUESTED. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR A PERIOD OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE, BUT DESPITE ANY OTHER REFERENCES HEREIN TO THE EFFECTIVENESS OF THE LETTER OF CREDIT, NOT BEYOND MAY 9,2007, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE WE SHALL HAVE NOTIFIED YOU BY CERTIFIED MAIL OR OVERNIGHT COURIER THAT WE ELECT NOT TO EXTEND THIS CREDIT FOR ANY SUCH ADDITIONAL PERIOD. FUNDS UNDER THIS LETTER OF CREDIT ARE AVAILABLE TO THE CITY HEREUNDER, NOT TO EXCEED THE CURRENT AVAILABLE AMOUNT SUBSEQUENT TO ANY AUTHORIZED REDUCTIONS OF THIS CREDIT AGAINST THE CITY'S DEMAND, BY ITS AUTHORIZED AGENT NAMED ABOVE, FOR PAYMENT TO US MENTIONING OUR LETTER OF CREDIT NO. DBS- 16551. WHEN THE CITY'S DEMAND FOR PAYMENT IS RECEIVED AT 60 WALL STREET, NEW YORK, NEW YORK 10005, ON OR PRIOR TO THE EXPIRATION DATE, IT WILL PROMPTLY HONORED. VENUE FOR ANY AND ALL LEGAL ACTIONS NECESSARY TO ENFORCE THE TERMS OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. KINDLY ADDRESS ALL CORRESPONDENCE REGARDING THIS LETTER OF CREDIT TO THE ATTENTION OF LETTER OF CREDIT DEPARTMENT MENTIONING SPECIFICALLY OUR CREDIT NUMBER. EXCEPT AS IS INCONSISTENT WITH THE EXPRESS PROVISIONS HEREOF, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICES FOR DOCUMENTARY CREDITS (1993-REVISIONS), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. /~ // / II ,/ l /.~:/ /l!-. Y . < BY (~,~~ 7= (AUTHORIZED SIGNATURE) BY: NAME: EVERARDUS J. ROZING TITLE: ASSISTANT VICE PRESIDENT TELEPHONE NUMBER 212250-1014 NAME: CHARLES P. FERRIS TITLE:ASSISTANT VICE PRESIDENT TELEPHONENUMBER212250-1214 Page I of2 Mazzella, Pete From: Andy.MacGregor@Lennar.com Sent: Thursday, May 26, 20054:21 PM To: Mazzella, Pete Subject: RE: Montreux - Replacement Guaranty Pete Per my voicemail of earlier this afternoon, we are using Deutsche Bank due to the exacting requirements of Palm Beach County. This bank meets or exceeds the strict credit ratings specified by Palm Beach County. We tried to make the LOC process as straightforward as possible and have one bank issue all of the guaranty paperwork for Montreux. Deutsche Bank's letters of credit are issued and paid in New York, as are many of the top banks. Please let me know if you need us to provide additional information in support. Best regards Andy "Mazzella, Pete" <MazzellaP@ci.boynton-beach.fl.us> To Andy.MacGregor@Lennar.com cc Subject RE: Montreux - Replacement Guaranty OS/26/2005 09:58 AM Andy I finally had a chance to look at this letter of credit, and have one very important question, namely, is Deutsche Bank licensed to do business in the State of Florida? If so, please provide evidence of same, or the address of an office within the state. Than ks Peter Mazzella Deputy Director of Utilities City of Boynton Beach 561-742-6404 -----Original Message----- From: Andy.MacGregor@Lennar.com [mailto:Andy.MacGregor@Lennar.com] Sent: Friday, May 20, 2005 4:37 PM To: mazzellap@ci.boynton-beach.fl.us 5/26/2005 MEMORANDUM UTILITIES DEPARTMENT NO. 05-77 TO: Mary Munro, Budget Coordinator, Finance Department (w/original) Jim Cherof, City Attorney (w/copy) FROM: Peter Mazzella, Deputy Director of Utilities ~ DATE: May 27,2005 SUBJECT:M'Ontreh.:loo.- Letter of Credit Transmittal Enclosed is original letter of credit no. DBS-16551 from Deutsche Bank in the amount of $337,700 as surety for the construction of the water and sewer improvements for the subject project. Please review this letter of credit, and if acceptable, retain for further use. Please note that this letter of credit, furnished by Lennar, replaces an existing cash bond furnished by Mitch & Teri Gevinson, and Garrett Bender, who were the previous owners of this proj ect. Please also note that Deutsche Bank does not have a Florida office, but was selected by Lennar due to the County's requirements for bank credit rating. As explained in the attached e-mail dated May 26, 2005, Lennar would like to retain Deutsche Bank for all of the surety on this project. If you fmd any deficiencies in this letter of credit, or have any questions regarding it, please contact me directly. Attachment Xc: Laurinda Logan, Engineering . Fife ~ EXHIB IT "N -1 " (LDR, Chap. 7, Art. I, Sec. 3.A.) CLEAN IRREVOCABLE LETTER OF CREDIT fO: City Commission of Boynton Beach c/o City Engineer, Agent for the City 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 RE: Our Letter of Credit No. DBS-17099 Building Permit No. ; or Health Department Permit No(s). 138271-307-DSGP and 138271-308-DWC , for MONTREUX II Date: MAY 4,2006 Amount: USD $ 100AOO.00 Expiration Date: MAY 4, 2007 We hereby open our Clean Irrevocable Letter of Credit No. DBS-17099 in favor of the City of Boynton Beach, Florida ("City") for the initial amount of one hundred thousand four hundred U. S. Dollars ($ 100AOO.00 ) effective as of this date, which shall remain effective until released by a Resolution adopted by the City Commission at a regular City Commission scheduled meeting. This Letter of Credit is issued pursuant to the terms of that certain Health Department Permit Number(s) 138271-307-DSGP and 138271-308-DWC (hereinafter, "Permit"), issued to LENNAR HOMES, INe. , as Developer, by the City of Boynton Beach, Florida, to develop a [project] [subdivision] to be known as MONTREUX II (hereinafter, called the "Project"), and to construct and install the required public improvements [to support the Project] [subsequent to recordation of said plat for the Project] pursuant to the terms of the Permit. This Letter of Credit, however, is independent of said Permit and reference herein is for information only. The initial amount of funds available under this Letter of Credit and stated above be reduced from time to time by the City Engineer, as the agent for the City of Boynton Beach, in accordance with the requirements of the Subdivision, Platting and Required Improvements Regulations, Chapters 2.5, 5 and 6 respectively of the Land Development Regulations. We hereby agree that such reduction shall not be effective until we have furnished a written amendment to this Letter of Credit. Such amendment shall reference this Letter of Credit as well as the Permit Number and Project Name, as set out herein, and the new amount requested. Funds under this Letter of Credit are available to the City hereunder, not to exceed the current available amount subsequent to any authorized reductions of this Credit against the City's Page I of 2 pages .. "" . demand, by its authorized agent named above, for payment to us mentioning our Letter of Credit No. DBS-17099 When the City's demand for payment is received at (124 E. Woolbright Road, Boynton Beach, Florida 33435), on or prior to the Expiration Date, it will be promptly honored. Venue for any and all legal actions necessary to enforce the terms of this Letter of Credit shall be in Palm Beach County, Florida. Kindly address all correspondence regarding this Letter of Credit to the attention of Letter of Credit Department mentioning specifically our Credit Number. Authorized signature: Name (typed): Everardus J. Rozing: Title: Vice President Except as is inconsistent with the express provisions hereof, this Letter of Credit is subject to the Uniform Customs and Practices For Documentary Credits (1993 Revisions), International Chamber of Commerce Publication No. 500. Page 2 of 2 pages VIII.-PUBLIC HEARING ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [gJ April 15, 2008 March 3], 2008 (Noon) D June 17,2008 June 2, 2008 (Noon) D May 6, 2008 April ]4,2008 (Noon) D July 1,2008 June ]6,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July] 5,2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July ]4,2008 (Noon) NATURE OF AGENDA ITEM D D D D [gJ Announcements/Presentations Administrative Consent Agenda D D [gJ D D City Manager's Report New Business ::r ~ ::0 N en RECOMMENDATION: Please place this request on the April 15, 2008 City Commission Agenda under Public Hearing and Legal, Ordinance - First Reading. The Planning and Development Board on March 25, 2008, ~ recommended that the request be approved. For further details pertaining to this request, see attached Departmentw Memorandum No. 07-136. C;; Code Compliance & Legal Settlements Legal UnfInished Business (:"") co :; --; ~:::;-< ..~...'" ..-.-.. .... ",-- Public Hearing ,:::; , p'.', =2: 6....._...-J v' -ro, --:--,C:::; -r-rl (J":> fT1 (-) EXPLANATION: PROJECT: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City- initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7.H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. AGENT: DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A .v~ City Manager's Signature Assistant to City Manager ~ Develo Planning and Zo' Director City Attorney / Finance S:\Planning\SHAREDlWP\SPECPR J\CODE REVIEw\CDRV 08-002 Hotel-Motel Density\Agenda Item Request HoteLMotel Density CDRV 08-002 4- 15-08.doc S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 08- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING CHAPTER 2, ZONING, SECTION 7, PLANNED INDUSTRIAL DEVELOPMENT DISTRICT, PARAGRAPH H, DESIGN CRITERIA, BY DELETING PARAGRAPH H(4), TO ELIMINATE THE DENSITY REGULATION EXCLUSIVE TO HOTEL AND MOTELS WITHIN THE PLANNED INDUSTRIAL DEVELOPMENT DISTRICT; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, density regulations are typically associated with the number of dwelling 15 units that may be construction within a given residential zoning district: and ]6 WHEREAS, currently, in the Land Development Regulations of the City of Boynton 17 Beach, the Planned Industrial Development (PID) District is the only zoning district in which 18 hotels and motels are regulated through a density provision; and 19 WHEREAS, since hotel and motel rooms are not considered dwelling units. but 20 rather transient lodging more typically associated with a commercial use, the proposed 21 amendment would eliminate the density regulation exclusive to the PID and create equal 22 reatment of this use within all allowed zoning districts: and !~ _J WHEREAS, the City Commission. upon recommendation of the City's staff. deems 24 't appropriate and in the best interests of the citizens and residents of the City of Boynton 25 each, to amend the Land Development Regulations of the City of Boynton Beach by 26 liminating the density regulation exclusive to hotels and motels within the PID. thereby 27 stablishing a consistent treatment of such uses throughout the zoning districts. 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 29 HE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing whereas clauses are true and correct and incorporated Page I of3 herein by this reference. 2 Section 2. Chapter 2, Zoning, of the Land Development Regulations of the City 3 of Boynton Beach Code of Ordinances, Section 7, Planning Industrial Development District, 4 Paragraph H, "Design Criteria" is hereby amended by adding the words and figures III 5 underlined type and by deleting the words and figures in struck-through type, as follows: 6 7 8 9 Section 7. Planned industrial development district * * * H. DESIGN CRITERIA. 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1. Paving. All paving shall comply with specifications and standards set forth and established by the city engineer. 2. Off-street parking. One and one-half (11/2) parking spaces shall be provided for each two (2) employees on a maximum shift. In addition, visitor parking shall be provided which is deemed adequate to serve the needs of the particular use by the planning and development board, 3. Driveways. In the interest of public safety, no more than two (2) driveways shall be permitted on to any single perimeter public right-of-way, and interior driveways shall be limited to no more than two (2) per developable parcel and interior driveways shall be located no closer than one hundred and fifty (150) feet from center line to center line. 1. Hotel and motel density. Permitted density for hotel and motel development shall not exceed twenty (20) units per acre. ~. Utility transmission lines, etc. All utility transmission lines, conduits, conveyances or other devices or apparatus for the transmission of utility services and products, including all franchised utilities, shall be constructed and installed beneath the surface of the ground with the exception of main overhead feeder lines. Appurtenances to these systems which require aboveground installation shall be effectively screened, and, thereby, may be excepted from this requirement. Solid waste and refuse disposal. Plans for solid waste and refuse disposal shall conform to and be approved by the city and county health departments. 65. * * * Page 2 of3 Section 3. Each and every other provision of said chapter, not herein specifically 2 amended, shall remain in full force and effect as originally adopted. 3 Section 4. All ordinances or parts of ordinance in conflict herewith be and the 4 same are hereby repealed. 5 Section 5. Should any section or provision of this Ordinance or portion hereof be 6 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 7 :remainder of this Ordinance. 8 Section 6. Authority is hereby given to codify this Ordinance. 9 Section 7. This Ordinance shall become effective immediately. ]0 FIRST READING this ,2008. day of I] SECOND, FINAL READING AND PASSAGE this .2008. day of 12 ]3 CITY OF BOYNTON BEACH, FLORIDA ]4 15 ]6 ] 7 ] 8 19 20 2] Mayor - Jerry Taylor Vice Mayor - Jose Rodriguez 22 Commissioner - Ronald Weiland )~ ~~ 24 25 26 27 28 29 Commissioner - Woodrow L Hay Commissioner - Marlene Ross ATTEST: 30 31 ~) ~~ fanet M. Prainito, CMC ity Clerk 33 34 35 36 rcorporate Seal) 37 Page 3 of 3 II DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 07 -136 FROM: Chair and Members Planning & Develo~men~B/oard Michael W. Rumpf fA C~U Director of Planning and Zoning Ed Breese l1b-) Principal Planner December 20, 2007 Hotel/Motel Density in the Planned Industrial District (PID) (CDRV 08-002) TO: THROUGH: DATE: RE: NATURE OF REQUEST Staff is proposing an amendment to the Land Development Regulations intended to address hotel/motel regulations within the Planned Industrial District (PID). Currently, the Planned Industrial District (PID) is the only zoning category in which hotels and motels are regulated through a density provision. Density regulations are typically associated with the number of dwelling units that may be constructed within a given residential zoning district. Since hotel/motel rooms are not considered dwelling units, but rather transient lodging more typically associated with a commercial use, the proposed amendment would eliminate the density regulation exclusive to the PID, and create equal treatment of this use within all allowed zoning districts. BACKGROUND Within the Planned Industrial District (PID) portion of the Land Development Regulations, under "Design Criteria", there is a provision that states, "Hotel and Motel Density. Permitted density for hotel and motel development shall not exceed twenty (20) units per acre It. As noted above, density regulations are typically associated with the number of dwelling units that may be constructed within a given residential zoning district, not with transient lodging or commercial use. The Quantum Park PID is the only planned industrial district within the City that recognizes hotels and motels as an allowable use in its Permitted Use List. Additionally, the Quantum Park Development of Regional Impact (DR!) establishes a maximum number of hotel rooms (400), which appears to be a more appropriate method of regulating this type of use than a density calculation. In 1997, Hampton Inn on Gateway Boulevard (within the Quantum Park PID) applied for site CDRV 08-002 Page 2 plan approval for a hotel with 107 rooms. Since the number of rooms exceeded the "density restriction" of twenty (20) units per acre, the applicant submitted a variance request to allow for thirty (30) units per acre. The Zoning Board of Appeals approved the request in March of 1997. Prudent zoning practices as well as City code prohibit the issuance of density variances. Since 1997, no other applications for hotels or motels have been received for placement in a Pill. However, an interested party recently contacted staff, and is contemplating the submission of an application for a hotel on a parcel within Quantum Park, which would exceed the "density restriction" in the Pill code. Accordingly, staff does not recommend the processing of another density variance, but rather believes that an amendment to the Land Development Regulations is in order. Since staff does not consider transient lodging to be dwelling units, this proposed Code Review was deemed the most appropriate means for correcting the deficiency or inaccuracy within the Pill regulations. PROPOSED AMENDMENTS Existing regulations: As noted above, within the Planned Industrial District (Pill) portion of the Land Development Regulations, the code states that permitted density for hotel and motel development shall not exceed twenty (20) units per acre. Proposed regulations: Staff proposes that any reference to density for hotel and motel establishments be stricken from the Pill regulations. RECOMMENDATION Staff recommends that the proposed amendment to Land Development Regulations, Chapter 2. Zoning, Section 7, H. 4., be approved, in order to establish a consistent set of regulations for hotels and motels in all zoning districts in which they are allowed. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 08-002 Hotel-Motel Density\CDRV 08-002 Hotel Density in PID.doc Meeting Minutes Planning and Development Board Boynton Beach Florida January 22, 2008 Chair Jaskiewicz explained she did not introduce the members of the board. She explained the City was very fortunate to have talented and diverse individuals serving on the board who were interested in a positive approach to the development and redevelopment of the City. Chair Jaskiewicz introduced the members of the board. She welcomed new board members Steve Myott, Candace Killian and Matthew Barnes. C. Hotel I Motels in PID Code Review AGENT: DESCRIPTION: Hotel/Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7, H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PID), thereby establishing a consistent treatment of such uses throughout the zoning regulations. 1. PROJECT: Mr. Breese explained this was a staff generated Code amendment in the Planned Industrial District. It was the only category in which hotel/motels were regulated through a density requirement. He explained, typically, density was associated with dwelling units in residential zoning districts. Hotels/motels were not considered dwelling units, rather they were considered as transient lodging, and they are usually associated with commercial type uses. This change would eliminate that density regulation within the Planned Industrial District and give equal treatment in all allowed zoning districts. The Quantum Park Planned Industrial District was the only district in the City that recognized hotels/motels as an allowable use within its Permitted Uses Table. The Quantum Park DRI limited the number of hotel/motel units to 400 within its development, which was a better way to regulate that type of use, rather than through density. Staff proposed that any reference to density within the PID relative to hotels/motels be stricken from the Code. Ms. Jaskiewicz asked if any density regulations apply to the other districts. Mr. Breese responded they did not, only the PID District. Motion Mr. Myott moved to approve. Mr. Saberson seconded the motion that unanimously passed. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 4. Approval of Minutes. Motion Mr. Myott moved to approve the minutes. Mr. Saberson seconded the motion that unanimously passed. 5. Communications and Announcements. A. Planning and Zoning Report 1. Final disposition of the February 26, 2008 Planning and Development Board meeting Agenda items. Mr. Breese reported the following items were approved by the City Commission: . Seaview Park Club Site Plan Time Extension . Sunshine Square Major Site Plan Modification and Zoning Code Variance . Brickhouse Billiards, Conditional Use . Land Development Regulations, Group Four Attorney Alexander administered the oath to all who would be testifying. 6. Old Business A. Hotel! Motels in PID Code Review 1. PROJECT: AGENT: DESCRIPTION: Hotel! Motel Density Regulation in the Planned Industrial District (PID) (CDRV 08-002) City-initiated Request to amend the Land Development Regulations, Chapter 2. Zoning, Section 7.H.4., to eliminate the density regulation exclusive to hotels/motels within the Planned Industrial District (PI D), thereby establishing a consistent treatment of such uses throughout the zoning regulations. Mr. Breese advised this item was reviewed and approved by the Planning and Development Board at the January meeting; however, the City Attorney's office determined it should have been legally advertised. Subsequently, the item was advertised for hearing at this meeting. Chair Jaskiewicz opened the public hearing. No one coming forward, Chair Jaskiewicz 2 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 closed the public hearing. Since this item was previously heard, it was determined that no staff presentation was necessary, and there were no comments from the board. Motion Mr. Saberson moved approval of staffs recommendation. Ms. Grcevic seconded the motion that unanimously passed. 7. New Business A. Quantum Park Charter School Use Approval OWNER: LOCATION: DESCRIPTION: Charter Schools of Boynton Beach, Inc. (USAP 08-001) Douglas B. MacDonald, Managing Member of 1425 Gateway LLC 1425 Gateway LLC 1425 Gateway Boulevard Request for an amendment to the list of approved uses for the Quantum Park Planned Industrial Development (PID) to include "Charter Schools" on Lot 21 . 1. PROJECT: AGENT: Mr. Breese explained the agent for the Charter School submitted an application to amend the use approval list for permitted uses within Quantum Park PID to allow a charter school on lot 21. The Charter Schools of Boynton Beach received its charter in 2002 and began operations at Boynton Beach Mall. They are currently operating from a temporary location in Boca Raton and they are an A-rated school. The building on lot 21 could accommodate about 500 students. The lots in Quantum Park PID have a use designation of "0" and "I" (Office and Industrial), or a combination thereof, and would allow for a standalone building. In the application, the applicant certified the charter would not violate performance standards in the LDR such as noise, water, odor generation, etc. The approved site plan shows a building constructed as a two-story building in 2004 and having about 28K square feet. The applicant would not make changes to the exterior of the building; however, staff noted if they did in order to better accommodate a better stop and pick up area, it would require staff review. The review of the permitted uses for lot 21 across Gateway Boulevard showed Boynton Beach Community High School on lots designated G and I (Governmental and Institutional. ) 3 VIII.-PUBLIC HEARING ITEM B. 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 [gJ April 15, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) 0 July I, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda [gJ Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business [gJ Public Hearing 0 RECOMMENDATION: Please place this request on the April 15, 2008 City Commission Agenda under Public Hearing and Legal, Ordinance-First Reading. The Planning and Development Board on March 25, 2008, recommended that this item be approved for transmittal, subject to two modifications: (1) elimination of the proposed changes to the Low and Moderate Density Residential land use classifications, including associated map amendments; and (2) enhancements to the provisions for "blue ways" and other water access-related policies. For further details pertaining to this request, see attached Department Memorandum No. 08-024. EXPLANATION: PROJECT: AGENT: DESCRIPTION: EAR-based Comprehensive Plan Amendments City-initiated Request to transmit Evaluation and Appraisal Report (EAR)-based amendments to the Comprehensive Plan to update the goals, objectives and policies and the Future Land Use Map. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: Represents compliance with state law. N/A Approvo with fin1he, cbange, '" deemed neo"'~ City Manager's Signature Assistant to City Manager ~ --- Develop ~ "if'- ~ / Planning and Zoning rector City Attorney / Finance S:\Planning\HUDSON\EAR Amendments\Agenda Item Request EAR-based Compre Plan Amend 4-15-08.doc S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM. DOC --- 1\ rr~ I f,J l I, \ DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-025 TO: Planning and Development Board Chairman and Members Michael Rumpf Z./r!'? Director of Planning and Zoning FROM: DATE: March 12,2008 RE: Evaluation & Appraisal Report-based amendments to the Comprehensive Plan Agenda Item 7.B.1 The accompanying documents represent the above-referenced item that is to be included on the March 25th agenda. Due to the magnitude of information contained in these documents, they are being provided to you apart from, and in advance of receiving the greater agenda package to allow for additional review time. The agenda currently includes only two other, relatively simple items which should leave sufficient time for a thorough explanation by staff of the proposed Comprehensive Plan updates. The cover documents should provide adequate explanation and documentation, including a summary of the proposed amendments, to assist with your efficient review. However, please do not hesitate to contact me or Senior Planner, Hanna Matras if you need any questions answered to assist with your review. The agenda and remaining items for the March 25th agenda will be delivered to you next Thursday, March 20,2008 or Friday, March 21, 2008. MR:PT Enclosures S:\Planning\HUDSON\EAR Amendments\EAR base Comprehensive Plan Amendments 08-025 memo.doc 7.B.l EVALUATION AND APPRAISAL REPORT (EAR) -BASED COMPREHENSIVE PLAN AMENDMENTS DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-024 FROM: Chair and Members Planning and Development Board Hanna Matra~ Senior Planner &- Michael w. RumPz;) Planning and Zoning Director TO: THROUGH: DATE: March 6, 2008 RE: Request to transmit Evaluation and Appraisal Report (EAR) - based amendments to the Comprehensive Plan to update the goals, objectives and policies, and the Future Land Use Map. Every seven years, the State requires that each local government complete a review of the implementation of its Comprehensive Plan through the Evaluation and Appraisal Report (EAR) process. The EAR of the City's Comprehensive Plan was adopted and transmitted to the Department of Community Affairs (DCA) on December 5, 2006. It was subsequently determined to be sufficient and thus approved by DCA on February 16, 2007, pursuant to subsection 163.3191(2), Florida Statutes (F.5.). The next step in the review and updating of the city's Comprehensive Plan is the actual amendment of the Plan, or implementation of the EAR. The EAR-based Comprehensive Plan amendments must be adopted during a single amendment cycle within 18 months after the report is found sufficient by DCA. For the City's EAR-based amendments, the deadline is therefore August 19,2008 (an extension of 6-months can be granted at DCA discretion). To assist staff with this task, the City contracted Dick Hudson, a former senior planner for the City. The staff presents proposed EAR-based amendments for your review, prior to the transmittal hearing at the City Commission meeting on April 15th. Please note that the proposed amendments are the first round of large-scale amendments to the Comprehensive Plan for calendar year 2008. An adoption hearing will take place following review by the DCA and is tentatively scheduled for mid-August of 2008. The amendments include both text amendments to the goals, objectives and policies (G. O. P.s) of the Comprehensive Plan, and amendments to the Future Land Use Map. Elements which are subject to the proposed text amendments are: 1. Future Land Use Element - Changes have been made to the format of the element to more closely follow the requirements of Chapter 163, F.5. and Rule 9J- 5, F AC, Policies have been rewritten to improve clarity and to remove redundancies. 2. Transportation Element - Two Transportation Concurrency Exception Area (TCEA) policy have been amended for consistency with policies in the Palm Beach County Comprehensive Plan. The first amendment removes maximum buildout ratios and establishes only minimum build out ratios for mixed use developments within the TCEA; the second modifies requirements for the annual reports accordingly. 3. Utilities Element - Minor text amendments to update Objectives and Policies. 4. Conservation Element - Minor policy amendments and updates. 5. Recreation and Open Space Element - Current G. O. P.s are to be replaced with a new element and background data that was prepared simultaneously and consistent with the Recreation and Parks Department's Strategic Plan. 6. Housing Element - Policies have been added to recognize the importance of workforce housing, along with general updates made to remaining policies. 7. Coastal Management Element - The Coastal Area has been redefined in the statutes, which represents a reduction in the land area covered by the Element. This has resulted in a major revision to the support documents and a major redrafting of the objectives and policies within the element. 8. Intergovernmental Coordination Element - Updated objectives and policies in the element reflect changes and updates to coordination mechanisms utilized by the City in its relations with other municipalities, the County, State, and other entities. No amendments are proposed to the Capital Improvements Element, or the Public School Facilities Element at this time. The 2007 update of the Capital Improvements Element was adopted in January 2008 and is included in the backup as an informational item only. Four amendments to the Future Land Use Map are proposed, as follows: 1. Quantum Park (fka Boynton Beach Park of Commerce) Development of Regional Impact (DRI) Staff proposes to amend the Future Land Use map designation for the Quantum Park of Commerce from its present "Industrial (I)" designation to "Development of Regional Impact (DRI)" and to add a definition to Policy 1.3.1.c. of the Future Land Use Element. With the significant modifications that have occurred to this Planned Industrial Development (PID) since .the Plan was last updated, the "Industrial" land use classification is no longer an accurate representation of this development. Although originally approved to accommodate non-industrial uses (i.e. commercial and office) in addition to industrial uses, the master plan now also allows for residential and mixed uses, and therefore warrants a more accurate classification. This use of the DRI as a land use classification is not new, but continues the idea implemented in 2003 that converted an existing DRI (e.g. Motorola) to the new Renaissance Commons project. 2. Boynton Beach Mall DRI Consistent with the methodology described above for the Renaissance Commons and Quantum Park master plans, staff proposes to change the Future Land Use designation for the property included in the Boynton Beach Mall DR! from Local Retail Commercial (LRC) to Development of Regional Impact (DRI) and to include a corresponding definition in the Future Land Use Element. Although not as necessary to properly represent actual use, as in the Quantum Park scenario, this consistently places all three DRIs within the City limits under a "DRI" land use classification. 3. All land in the City currently designated Moderate Density Residential (MoOR) Staff proposes to change the Future Land Use designation of all lands within the City now designated as Moderate Density Residential (MoDR) to Low Density Residential (LDR) and to increase the maximum density of the Low Density Residential classification from its current level of 4.8 dwelling units per acre to 7.5 dwelling units per acre. This amendment eliminates a land use classification and consolidates all single family detached uses within a single classification. Such areas affected by this reorganization, would remain as currently zoned and therefore remain conforming with respect to the corresponding density and other applicable site standards. 4. Sunshine Square Shopping Center (reversion to former Land Use Designation) Staff proposes that the land use designation for the property be amended from its present designation of Mixed Use to the former designation of Local Retail Commercial in order to allow for existing buildings on the site to be renovated. Under the current designation, the buildings do not conform with development regulations for the corresponding Mixed Use-Low 3 (MU-L3) zoning district, and therefore cannot be renovated. This amendment is consistent with the preceding action by the City to approve the zoning reversion from MU-L3 to C-3. Future Land Use Map Amendments Quantum Park of Commerce DRI Location: West of 1-95 between the Boynton (C-16) Canal and Miner Road (Exhibit" A") Parcel Size: ::1:553.14 acres Existing Land Use: Industrial (I) Proposed Land Use: Development of Regional Impact (DRI) Quantum Park of Commerce (f, k. a. Boynton Beach Park of Commerce) Development of Regional Impact (DRI) received approval on December 18, 1984 with an "Industrial" land use designation. At the time of approval, the uses proposed for the DRI included 4,182,750 square feet of Light Industrial uses, 1,969,500 square feet of Office uses, 300,000 square feet of Commercial uses and a 200 room hotel. These uses were, conceivably, industrial-related, either directly, or service-oriented. During the period since approval, numerous changes to the development order have added uses that have moved the land uses further from uses associated with the "Industrial" designation. These include a 2,500 student high school and 1,105 multi-family dwelling units. As pointed out in the City's EAR, the "Industrial" designation on the City's Future Land Use map does not give a true picture of the land use distribution within the area of the DR!. Staff proposes to amend the Future Land Use map designation for the Quantum Park of Commerce from its present "Industrial (I)" designation to "Development of Regional Impact (DRI)" and to add a definition to Policy 1.3.1.c. of the Future Land Use Element to read as follows: "3. The Quantum Park (fka Boynton Beach Park of Commerce) Development of Regional Impact (DRI) approved by City of Boynton Beach Ordinance 084-51, and most recently amended by Ordinance 06-075, is a mixed use project containing industrial, office, commercial, residential and governmental/institutional uses. Consistent with the Quantum Park DRI Development Order, the approved land uses and intensities shall be as follows: Land Use High Density Residential Office Commercial Local Retail/ General Commercial Industrial Governmentalj Institutional Minimum-Maximum Intensity 1,334 du to 2,477 du 446,530 sf to 829,270 sf 500,506 sf to 929,512 sf 1,205,890 sf to 2,239,510 sf 239,510 sf to 443,947 sf Traffic generation for the Quantum Park DRI shall not exceed 8,058 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code) as approved in the ADA dated December 18, 1984." The ranges provided in the "Minimum-Maximum Intensity" column are consistent with the increases or decreases in uses permitted by statutes. Boynton Beach Mall DRI Location: Northwest of the intersection of Congress Avenue and Old Boynton Road Road. (Exhibit "B") Parcel Size: :1:112.41 acres Existing Land Use: Local Retail Commercial (LDR) Proposed Land Use: Development of Regional Impact (DRI) Consistent with the land use designation of the Renaissance Commons DRI adopted April 15, 2003, and that proposed above for the Quantum Park of Commerce DRI, staff proposes to change the Future Land Use designation for the property included in the Boynton Beach Mall DRI from Local Retail Commercial (LRC) to Development of Regional Impact (DR!) and to include the following definition in the Future Land Use Element, Policy 1.3.1.c: "2. The Boynton Beach Mall Development of Regional Impact (DRI), approved in Palm Beach County by resolution R-74-343, and most recently amended by City of Boynton Beach Resolution 05-049, is a single use retail mall. Consistent with the Boynton Beach Mall DR! Development Order, the approved land use and intensity shall be as follow: Land Use Local Retail Commercial .Gross Leasable Area Minimum-Maximum Intensity 808,107 gla* to 1,500,771 gla Traffic generation for the Boynton Beach Mall DR! shall not exceed 3,306 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code) as approved in the ADA dated May 7, 1974." All land in the City currently designated Moderate Density Residential (MoOR) Location: Various locations throughout the City. (Exhibit "C") Parcel Size: :t974.02 acres Existing Land Use: Moderate Density Residential (MoDR) Proposed Land Use: Low Density Residential (LDR) Staff proposes to change the Future Land Use designation of all lands within the City now designated as Moderate Density Residential (MoDR) to Low Density Residential (LDR) and to increase the maximum density of the Low Density Residential from its current level of 4.8 dwelling units per acre to 7.5 dwelling units per acre. The effect of this change will mean that all single family residential lands will be consolidated under a single land use classification. It will not affect any of the zoning districts currently in place. Sunshine Square Shopping Center (reversion to former Land Use Designation) Location: Southwest corner of the intersection of Federal Highway and Woolbright Road. (Exhibit "D") Parcel Size: 14.42 acres Existing Land Use: Mixed Use Proposed Land Use: Local Retail Commercial The Sunshine Square Shopping Center was the subject of applications in late 2005 necessary for a mixed-use redevelopment project designed pursuant to the new Mixed Use-Low 3 (MU-L3) zoning district. The applications included land use/rezoning (LUAR 06-016) and new site plan approval (NWSP 06-021), and proposed a mix of uses in part, vertically-integrated, with orientation toward both street frontages of US-1 and Woolbright Road as well as internally to create a center" square". Property ownership has changed; however, the real estate market remains unsupportive of a mixed-use project with a large residential component. For aesthetic and marketing purposes, the current property owner desires to address the declining status of the center through modifications and moderate expansions. However, the current project is non-conforming pursuant to the land use designation and MU-L3 zoning regulations which preclude enhancements or expansions unless consistent with the approved plan. Impact comparisons between present maximum development potential under the Mixed Use designation and the maximum development potential under the proposed (former) Local Retail Commercial designation are provided below. Staff recommends that the land use designation for the site be reverted from Mixed Use to its previous designation of Local Retail Commercial in order to allow for those planned site modifications that are greatly needed and cost feasible. The owners are committed to the property improvements described herein, and have initiated clean-up efforts including repairs to the facade and upgrading the existing landscaping. LAND USE IMP ACT COMPARISON S hi S - uns ne )quare Maximum Potential Water/Sewer Solid Waste Traffic School Recreation Development Potential Population1 Demand2 Generation3 Generation4 Needs Need6 Existing 576 mf units 1,307 293,941 gpd 21,798 2,462 pht Elem=46 3.27 acres Land 628,135 sq. ft. persons 251,317 gpd lbs/ day Middle=23 Use (MX) commercial High =35 Total=104 Proposed 155 mf units 351 persons 97,228 gpd 8,761 1,431 pht .Elem=12 .88 acres Land 314,067 sq. ft. 85,758 gpd lbs/ day Middle=6 Use commercial High-9 (LRC) Tota1=27 J. 2.27 persons per dwellmg umt=average housmg populatIOn per 2000 census. 2. Demand assumptions noted on separate attachment. 3. Demand assumptions: Residential = 16lbs/day, Commercial=2lbs/day. 4. Peak Hour Trip Rates: Multi-family=0.61 General Commercial/Retail=Ln( t )=.660Ln(F A)=3 .403. 5. Student Generation Rates for Multi-family - elementary school=.08, middle school=.04, high school=.06. 6. 2.5 acres of park land per 1,000 persons City of Boynton Beach MAP AMENDMENT LOCATION Ouantum Park of Commerce DRI I -"-" f==----===--------- - Exhibit A o 1,625 I Feet 3,250 N A l~u__t1- -j TUTIj J:llIL rlIIJJ rum JII11- I~ -m ffittB ]-I~[IJ _llijJ~J IHEEB mEa EfEatJ ffijEE J__ ]ffHJl ---,---- L City of Boynton Beach MAP AMENDMENT LOCATION Boynton Beach Mall DRI ----- j'----~~ J ~_ '-r-~ ----- I _l ~ I 'i ( /' '--/----L) F ~L f-----=-------- L~~ Exhibit B ! . ---I C-J ----I "'1----1 --1 LJI - , -------------- - r----- ---I -1 o N ,Feet ~ 1,500 f'\. 750 City of Boynton Beach Exhibit C MAP AMENDMENT LOCATION Moderate Density Residential Locations r.., :; M I ~"'\' io.. : (J I i l._.. ~ I !...-..-.. j ! i G i ;- '!"'". ! ! ~ : i ... l._. . ...-..-a>> I.. .. ~.... ftI .. en .. CI) .. c - I . : i I . Li -..-..-: ! i . i I . L._.I -..-..-..! i i i ! ! ! ! ! i i ! i ; ! i ! i ; i ! ; J I ! ! ; ! ; ! i ;.._.. . i ......i i 1 ..-..-. !.-..- i i 1 - :s ~ ~ en ... a ~ - I CQ c.n o 0.5 N A I Miles 1 City of Boynton Beach MAP AMENDMENT LOCATION Sunshine Square , ~ 1 I I I ..__.._....____..,i I-- I I 1---1.--.-.-....-----.... -..---'\ . I ---.-...__/1 ~._._.__. I I I I 1 I I I ...-.--... ...-.---.--.--.-..-..--.----.......1 I I I Exhibit 0 \...........-...-.-.-.. I I I I I I I I L___ I I I I I I 1---------- I -.-.-- - N 1& r--- I I I I I o 125 250 Feet 500 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 GOAL 1 Objective 1.1 Measurability: City of Boynton Beach Future Land Use Element Goals, Objectives, and Policies Provide a range of land uses which accommodate a full range of services, and activities, and housing types, while minimizing land use conflicts, maistaining the character of the community, ensuring a e public facilities, and minimizing adverse im; . natural resources. Land development and fu_e~end u~l!t:l'hall continue to be coordinated with the pr.F"Sion., of the fdElihying facilities and services, concurrent widf the ne~ds of the ""iiiliting and future land uses, and consmeiit. ~ith tlie:.-.adopted mh,!fl/l;~l.UIl levels of service standards containe;J ;.~ thi~lprehensiveJ!tan: 1. Roadways . .-"':'::::" - ~7 2. PotabliWater " . 3. Sanit .. . .._ 4. Solid Wa":. 5. Stormwate~ra~~ _- ~ecreation a~ gpE'n ~ ~- ~ 7...~lic schoolWCilities .-. -' - - ....".,. ..=.. "':: ~ - ........ ... .~ ~ ~. . ~lJlber o~ermits issued.... c9!!formance with concurrency ordinances. .--"'. -,. ,. ....,:.....;,. " ' :::::' The- sftir!l ii.rHllw~development orders or permits only if . H.,fra~ re exists'; is provided for in accord with the ~em --:.....f this Comprehensive Plan, or will exist concurrent wi~he imp~s of the development, and is sufficient to maintain or e::ed adopted levels of service. The ~ shall continue the enforcement of the adopted County- . -:'1 raffic Performance Standards Ordinance, and conformance _ e Level of Service Standards set forth in that ordinance, except where reasonable exceptions have been approved in accordance with that ordinance and do not exceed the Level of Service Standards set forth in Objective 2.1 of the Transportation Element. Policy 1~ ,- - - - - -"'- - Policy 1.1.3 The City shall continue to coordinate with the Palm Beach County School District to ensure that adopted levels of service for school concurrency are met. City of Boynton Beach EAR-based Amendments Proposed 1-1 Date Future Land Use Element Policy 1.1.4 Policy 1.1.5 Objective 1.2 Measurability: Policy 1.2.1 Policy 1.2.2 - - - Pol~.2.3 -.- - - - - - - Objective l~~ .. Measurability: Policy 1.3.1 The City shall continue to ensure, through coordination with the Palm Beach County Solid Waste Authority, that adequate solid waste disposal capacity is available before approving any changes to the Future Land Use Map. The City shall continue to require that all development approvals be conditioned upon obtaining required approvals and permits from the South Florida Water Management District and the Lake Worth Drainage District. ~-~ The City shall continue to e~!~. availability of land for utilities and services by eyaliating &i:& need for such land, particularly in the revie~crlWelopllu\ll~ projects, and shall allow adequately-zoned..Jifid fofsame. .. -=.. -, - ~. - - Land area allocated or afui~ util~ and service~':;' - - - - ~~ ~ -- The City sh~ continue tOt:iAlrCe regulations -to require the dedication of~easements, aiKa="'E)ghts-of-way for utilities and services which \re ~d to serv~ ~oject and surrounding land uses, as a co~iti~oval o~elopment plans. - - - -'- - - '''::.. ~ '~..~- ~~edication ~ites, ~ents and rights-of-way be ~equirel11@le dedicati~ shall nof.feduce the density or intensity of -::"' ~ develg,ment, whe~ dqing so would be reasonably possible; o__wi~F> City sh~consider the purchase of property, if . dedi~J'li()n Of ~1!IIA f~e()t :feasible. - - - - - - - 1il~ City ,~l cQntinue to allow potable water wellfields to be 10ca.m9 in a.1~ta use category or zoning district. - - -- - - ':, - Futur'i development and redevelopment within the City shall contiiPe to be regulated through administration of the Land . De1:iTopment Regulations specified within the City's Zoning ~, Community Redevelopment Plans, Building Code and ib.bdivision regulations. Continued implementation of Land Development Regulations as verified by the lack of development orders or permits issued in violation of this objective. The City shall continue to implement the Future Land Use Plan in accordance with the following descriptions of land use categories 1-2 Date Future Land Use Element City of Boynton Beach EAR-based Amendments Proposed and designations. The uses, densities and intensities shall be the maximums allowed, but shall not indicate that those maximums are necessarily allowed in a land use category or zoning district. The land development regulations or other provisions of the City's Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use characteristics very similar to those uses listed un~ a particular land use category may also be allowed in tha~..use category. One or more zoning districts, including E!!!1ned aevelopment districts, shall be established to impleme~~i of the following land use categories. _ ~.' , .', -',-.. - .--..;:, , -':"'" '.'. :: ,~-"~..","'" ~'.'. a. Residential category.,#'all pr6vide a mix a~~ailable residential densities to acco~e a va~ty of housm~':typ~? sufficient to meet the needs of tlIt.!l!J.esen~projected p~tion of the City, including the provisii:h#:-adequate sites .fer housing very low-, 10w-.::.iDd moderate incoJi:l3c households and for mobile and ~ --...... manufactu~mes. Reside~"A 1 land use designations are described ber~. '. ' .,.....- , _"'t: Fut:m:e.Land Use D~gn..::::::- .........-.. .M~imum Gross Density ., - '-=, -:.....____ ~welling Units (DU)jAcre (AC) , - Low De~y ResidentI1a .: 7.5 DU / AC ,..",.., ..Medium ~nsity Reside'!1i.al 10 DU / AC l":&sP Df>,ijtyResidential-~-: 11 DU/ AC S~, . . es~ntial* 20 DU / AC - is d . be utilized in conjunction with the City' 5 affordable --=- . .. sing ---. "" - -'-.";;:;" -, ~ ,-'- -- . - . I1iiedditios:=to dwelling units, other land uses in support of the - reS]ilencei may also be appropriate therein: _ El. Home occupations and other uses accessory to a . _ ,. dwelling unit; ~.= 2. Parks, playgrounds, golf courses, open space and other outdoor recreational facilities and recreational, civic or cultural buildings ancillary to the primary outdoor recreational use of the site; 3. Community facilities designed to serve the residential area, such as elementary, middle and high schools, churches, day care centers, governmental administration, police and fire protection facilities, libraries and civic centers; City of Boynton Beach EAR-based Amendments Proposed 1-3 Date Future Land Use Element 4. Group homes, rooming and boarding homes, and nursing homes or related health-care facilities which are comparable in density, character and impact; 5. Public utilities including transmission facilities, pumping and transfer stations; excluding water and wastewater treatment plants, landfills and electric power generating facilities; 6. All new mobile home parks shall conform to the density shown on the Future Lan~-Plan; however, Mobile home parks in which th~ ~identIal density exceeds the maximum density sh~ lJi~1 :,,!:he Future Land Use Plan shall be permitte~ li. contim:a~ at the existing non- conforming de~ ~fM the u~,of the entire mobile home park is ~dnatea; · . .=... ~ --- ~ -. - -- -...--.....- -:. , b. Commercial categ'""'ory sli~n. allo~_broad rangtl~ ~ommercial uses to provide for bus~etai1; service, efiice and other commerci4enterprises whid~ti 6upport the resident and visitor population..~ ("Teate employ Ulel It opportunities. Commercial designations~~ty's Futuru :b/!i~ Use Map include the following: ~~. =- - -- - - -- - -=- ~~ --- ,#utui'l5lilnd Use De8ption :...- Maximum Floor Area Ratio ..=ii '5. ':s:. ";'" (FAR) - - - -- -="".~fice CcjiUnercial :. 0.40 H~"Al R~rommercial ":. ...;:;. 0.50 Geii:ia1 COHl4J!::t~RI. . .~ -: 0.50 - - - - ... ~ .' In thehGffice ...Commercial designation, the following uses are -=.:aiowed:- '""'!" - - 51. Bu~ess, professional and administrative offices; ~. Financial institutions; E5. Funeral homes; .. ;-4. Places of worship; ~ 5. Schools and instruction, day-care centers and educational - institutions; 6. Museums; 7. Hospitals and other health care services, group homes, nursing homes and related health care facilities; 8. Social and civic clubs and organizations; 9. Civic and community centers; 10. Limited retail and business services related to the above uses. - -. - - - - - - - -,..- - - - - - - - - - City of Boynton Beach EAR-based Amendments Proposed 1-4 Date Future Land Use Element In the Local Retail Commercial designation, the following are allowed, in addition to the uses listed above: 1. Retail uses, personal services and repair of consumer goods; 2. Wholesale of non-hazardous commodities; 3. Business services which are compatible with retail uses; 4. Entertainment, recreation ...::;.,facilities, amusements, attractions and exposition ha.$;-:"".:.::.. 5. Lodging facilities; .. -; 6. Marinas and boat stor~- ....: 7. Passenger transpor@~ fac~ 8. High Density ~~tial _mum 11 duj ac), including mi~se d~velopmentsT-;\ 9. Limited li -. dustriaF-";,.uses in p developments-sp~"":'.: <;:ommercial In the Ge~al Commercia allowed, in '.. on to those uses shall no d: 1. Busine~e ,-.=-,.:2.. Vehicle ~ b_ st(j~ · 3:;:HHousehold!:f6rage; .~ -- 4.-:sihops for f~ication, rebuilding and repair on a custom ~ <'''-'. jasis. ':::r_ .: ::- ,-' -,._~--: -.- - ,', - - c. lii1l~tiia"1'(!4I~~I't, s11all allow industrial uses which provide ..=- . .> opp~nities for'the retention and expansion of economic ~-'~lt!'tivitiee=...as~ciated with manufacturing, processing or - . ..... ~embly"i:jiTIts and their support enterprises for warehouse, .... siEage, diStribution, research and development. Development --.. wiftUn this designation shall have a maximum Floor Area Ratio ~_ ~) of 0.50. _>Uses allowed in this land use category shall include the :::::" following: 1. Industrial uses, research and and distribution, business warehousing and storage; 2. Transportation, communications, and utility facilities; 3. Retail sale of home improvement goods, tools, and machinery; 4. Adult entertainment establishments; 1-5 ation, the following uses are above, however, residential development, wholesale and repair servIces, City of Boynton Beach EAR-based Amendments Proposed Date Future Land Use Element 5. Trade and industrial schools; 6. Major recreation facilities such as racetracks, arenas, amusement parks, exposition halls, and the like; 7. Offices and retail uses in planned industrial developments 8. Restaurants which are accessory to the above uses; and 9. Temporary amusements, revival tents, and the like. .... d. Mixed Use category shall provide~~~ vertical or horizontal mixing of land uses within a 4iii.gle Site in order to allow development and redevelop~t m ~pecific geographic areas of the City that take max~~ adv ~age of existing utility systems and services; ~~omote cou~~i.~t development, safe and pedestrian-frie~ str~ets, and pt~ii:i.de transportation choices. . - .. -- -=-.=... ~.' " - -;.-. - - - ---- ...... -- - All land development, :::1o,med ~ithin a. mixed use designati~shall be requirc14:i::1(;o submit a plan that includes a single u~f'~ign for the p.l;li~ct and shall conform to any adopted red~elul"iIC:!l:t and desi~(s) for the area covered by the desi~on.~. . - - --.--.. - - _..--.....-..-..- ~ Land VMaxim~ensity (du/ac) EDesign~ ~ or Floor~ea Ratio (FAR) ~ed Use ~40 dujac and 1.5 FAR (excluding parking (.,.LOfI-fit.....:. . ~.. .~~) of 2.0 may be considered for ~ . -=- _ development abutting the Mixed Use-Core g . . designation or meeting other locational . . .. criteria) ~-=-. ~,' - - -- - - ,- - ........- MixeiiUse-cfue . . .. (east: 1-95) -=o..~ use-Suburban rst of 1-95) 80 dujac and 4.0 FAR (excluding parking structures) 20 dujac and 1.0 FAR (excluding parking structures ) City of Boynton Beach EAR-based Amendments Proposed In the Mixed Use designation, the following uses shall be allowed: 1. Business, professional and administrative offices; 2. Retail uses, personal services, business services which are compatible with retail uses; 3. Entertainment, recreation facilities, amusements, attractions and exposition halls; 1-6 Date Future Land Use Element 4. Hotels; 5. Residential uses with a gross density of 40 duj ac; 6. Places of worship, elementary and high schools and day- care serVIces; 7. Governmental uses; and 8. Home occupations. Land use types shall be permitted ~cording to the following ranges, expressed as a percentage #t}~ total area in this plan designation. The percentages shS1 be applied on an areawide basis but shall not be interp~a' to require each development to have a mixture of uses. _ -.... - ~ - ~........ ~. ~ - ~" _. ...."'" --.. ~.- -,...... ........... -'. ~. Ranges of Allowable~centlges of Land Residential - 70~.90% Non-residential . .......... 10~~. The cumuiiIive developmemti:i~:e these areas shall be monitored to ensure ~proportioncr~~ix of uses is achieved by the year 2025. ~.' . ..,~ - ---. - "'::..'...... . .. ~~ - .~. ~ ~e Mixed ~-C~~'Rtieit-the following uses shall be - ~ altts2d: ~-~-?., ...=-' - - - .:::: f~usiness, p~essional .fu.d administrative offices; _ 2. atetail uses, p~oIlal services, business services which are -.... -'::~q.tible witj'ietail uses; ~ Entt:::1: L.mlil.Qt;. recreation facilities, amusements, .. . attractio~d exposition halls; 4. liils:els;_ Re_~ntial uses with a gross density of 80 duj ac; however, in the area east of Federal Highway within the Hurricane Evacuation Zone, the overall density for this land use designation shall not exceed 40 duj ac; Places of worship, elementary, middle and high schools and day-care services; Governmental uses; and Home occupations -, - - - - - - --.. - - - -- ......>....'5 -So .""" 6. 7. 8. Land use types shall be permitted according to the following ranges, expressed as a percentage of the total area in this plan designation. The percentages shall be applied on an areawide basis but shall not be interpreted to require each development to have a mixture of uses. City of Boynton Beach EAR-based Amendments Proposed 1-7 Date Future Land Use Element Ranges of Allowable Percentages of Land Use Within the Area: Residential 30%-70% Non-residential 30%-70% The cumulative development in these areas shall be monitored to ensure that the proportional mix of uses is achieved by the year 2025. ;-=. The Mixed Use-Suburban desi~on eiicourages a mixture of the following uses: ff. . 1. All uses allowed a12aie in t~cal Retail Commercial -- - land use categor~~ ~ · . 2. All uses allo~a above in the I<i~~dential land use - - category. ~ ';.- ...- -::'" -.. ":... .:. . .- - - - ~ ---.... ~ -, --.. -, All land development l~lii:~ in'"9:he Mixed:.?tJse-Suburban category shall be required ::t:r=submit a plan that includes a single unifi-iji f"lc:l!l for the pr~ which encourages synergy between prOf!p~s, promot strian or multi-modal linkages, max~izes~ open s es and public spaces, and ~lishes desi~ o~ti~~-project. ~,. -~ ~._~ -~ -- - -- - - - - ~ Lan~e activitie'ishall be Jfustrated on the master plan and ":'" . are pEjinissible accOiQ,~ to the following ranges, expressed as a pe~~i~ of net ~a in this plan category, which does not _ _ inq&pe areas .j,eJ,icated solely to roadways, drainage or ff . . .. . rec~n tracts.-rhe percentages shall require development ~ . · ,~th a ~ of such uses. - -- N' ~proje-ets containing 100% vertical mixed use: -=- 'iResidential 15%-85% . .. ;9-Jon-reSidential 15%-85% ...In all other projects: ~ Minimum 10% of net land area must be vertical mixed use; and Maximum of 80% may be single-use residential; and Maximum of 20% may be single-use commercial City of Boynton Beach EAR-based Amendments Proposed The cumulative development in these areas shall be monitored with each site plan to ensure that the proportion of mixed uses is maintained. The mix of uses proposed for any 1-8 Date Future Land Use Element land development located in the Mixed Use-Suburban category shall be reviewed for aesthetics, design quality and physical compatibility with adjacent land uses; shall be required to submit a plan that includes a single unified design of the project; and shall conform to any adopted design plan(s) for the area covered by the category. c. Development of Regional Impact (DIg) category shall consist of all approved DRIs. Each DRI s~here to the conditions contained within its adopted D pment Order as amended from time to time. The approE lopment mounts for each land use type for each D~e fouma. lJelow. Minimum and maximum limits on ~ment re nt a 30% variation from approved level~""'eveI6pment beyo -....;. ose levels would represent a Subst _ - eviati~ pursuant fi1mr r~uirements of Subparagraph (b) 0 -....;. sec~19), Chapteii!~~06, Florida Statutes. .... >.:"'::. .~~ 1. The Re~nce Commo of Regiofi!~JDRI), ap by Ordinance 79-36, as most recea.t1y ~ded byiifOrdinance 04-013 (the ~:'Developm~ ~~ mliltiple-use project proposed .'. .""" ~ontain m~family remuential, commercial and office ........ uB. -.:.. - ~_._'___._.-_:._: -, ..~,..o ... ....... ~nt witl~the Renaissance Commons DRI '. '~r, the approved land uses and intensities be as follOW: - - - -, - -.-- ...-- - - - - -- - - - - - - - - -, - '"'- ...-, -- - -,- -- --- - - - - - '~"~:_.....::; LaiiiaJse ~. Hig~nsity lesidential Office~ommercial Local Jitail/ General Commercial Minimum-Maximum Intensity 1,085 du to 2,016 du 173,460 sf to 322,140 sf 149,100 sf to 276,900 sf -... !- Traffic generation for the Renaissance Commons DRI shall not exceed 1,634 p.m. peak hour trips (For compliance with Article 12, Traffic Performance Standards of the Palm Beach County Unified Land Development Code). 2. The Boynton Beach Mall Development of Regional Impact (DRI), approved in Palm Beach County by resolution R-74- 343, and most recently amended by City of Boynton Beach Resolution 05-049, is a single use retail mall. City of Boynton Beach EAR-based Amendments Proposed 1-9 Date Future Land Use Element Consistent with the Boynton Beach Mall DR! Development Order, the approved land use and intensity shall be as follow: Land Use Local Retail Commercial *Gross Leasable Area Minimum-Maximum Intensity 808,107 gla* to 1,500,771 gla - - - -- - - Traffic generation for the Bo~n Beach Mall DR! shall not exceed 3,306 p.m. peak jpUi,;;;:l>tips (For compliance with Article 12, Traffic Perfo$nce Siiiilidards of the Palm Beach ..... -,- County Unified L~~e~opme~'~()de) as approved in theADAdated~, 1974. . - -, '---"."'" - - _. -- 3. The Quantu;b PRrk (fk;:" Roynton .. Park of Commerce) Develo,~~~ or~Regional .;iinpact (DRI) appro~ by City of Boymton Beach Ordinance 084-51, and most r~ amended by 6:l;d.inance 06-075, is a mixed use project c5!!-~ndustrial, y.t4~e..acommercial, residential and gover~le~tutional'pes. -,--", -: ~- ~ ..:ii1F~. -- ~ ~istent w~ Quanti:iifi' Fark DR! Development Order, ~~ ~pproved l~ uses anffintensities shall be as follows: L~ U!i~ ~ ~ Minimum-Maximum Intensity Hi~it~1~tiaJ..~ 1,334 du to 2,477 du ()ffice~ercial- 446,530 sf to 829,270 sf 1;;;Jlt:al Ret""YGeneral Commercial 500,506 sf to 929,512 sf ~ Lue.,trial ~..:.. 1,205,890 sf to 2,239,510 sf . Go~entaijhstitutiOnal 239,510 sf to 443,947 sf 5fraffic generation for the Quantum Park DR! shall not .=exceed 8,058 p.m. peak hour trips (For compliance with -=:?' Article 12, Traffic Performance Standards of the Palm Beach ~. County Unified Land Development Code) as approved in , the ADA dated December 18, 1984. - - f. Public and Private GovernmentaVInstitutional category shall include sites which are occupied by city hall, public works complexes, hospitals, libraries, utility plants, cemeteries, and civic or community centers, places of worship, and public and City of Boynton Beach EAR-based Amendments Proposed 1-10 Date Future Land Use Element private schools. Land within this designation shall have a maximum Floor Area Ratio (FAR) of 1.0. The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: 1. Government office buildings, libraries, police and fire stations; _ 2. Utility plants, stations, and ~Jions; 3. Government storage and~mtencince facilities; 4. Other government-owljiff ~perated uses; 5. Public schools, pla~e$iEf wo~ private schools, day- care services; _~_~. .... . ... . , -.-. ~~ 6. Hospitals, an~cillary uses; ~..-.... 7. Social and ciYi~~~]ubs or anizations;.. . -, ---.. - ^ 8. Cemeteries; ci~d _ _, unity cei1~;~;" and their ancillary outdoor - n fiRilities. -- - -, g. Recreation ory shall incI_,active and passive recreation facilities and12 . t are both . y owned and privately owned. It sha~pe t~ of thEL lty that all land acquired ~flublic par~ex~~~-which are located in planned .-. zo~districts s~e place~'i the Recreational land use and _ ..... .... .... zonil~ategory Wihin five years of acquisition. Development --, :withi~is designa~ shall have a maximum Floor Area Ratio ~Ri~~:.(;)~l50 -- _. .., .. - : . ,'._,,-: .... alloweCFfn this land use category shall be limited to, sh _t u.,ecessarily include, the following: Pu~parks and recreational facilities; Gdff courses; Private parks and recreation facilities; Social and civic clubs and organizations; Civic and community centers ancillary to outdoor recreational facilities. City of Boynton Beach EAR-based Amendments Proposed h. Conservation shall be applied to any natural areas acquired within the City for the purpose of conserving or protecting natural resources or environmental quality. These areas may be used for wildlife management, passive recreation and environmental restoration/protection. No development is allowed in the Conservation land use category other than site improvements to support uses that are deemed appropriate and 1-11 Date Future Land Use Element consistent with the function of the designated area. The City shall coordinate with Palm Beach County to designate environmentally sensitive lands that are publicly acquired within the incorporated area as Conservation. 1. Conservation Overlay: The uses, densities and intensities allowed in this land use category shall be the same as for the underlying land use category, howe~r, in accordance with the policies contained in the Conserv~FiElement, a minimum of 25 % of native habitat occurrine~ any aevelopment site shall be preserved; furthermore, ~~~~'es which occur on these sites shall be preserved c~tent - ederal, state, and Palm Beach County regula~' 1flnd po contained in the Strategic Regional P~ Plail. The City :tl~allow reasonable intensification of ~aind~of sites in 1JE'E:cate.,gory above the intensities which a~,,:~ener~ermitted fo~purpose of preserving more than 25%;:uftienattve habitat ~ site. ~ ...... ---"'. ~ Policy 1.3.2 The City shall ~ to adrn.inist~" l~nd development regulations that address an~~ the followll[fiI ..-:f: - _. ~ - - - - --.. - -,. -.. -- - ~- - a. ~and uses idilatif~~1tt)1~ Land Use Map; ff' Tttc.. .!:!lordinatio~ future T:!'nd uses with the appropriate . -==. topo~hy and s~conditio~; -=-. .:c; Comp,jibility of ad~~land uses and buffering and screening -4,u~'., ~- d. lfi::~ubdlV~ rjf larrd; 5 '. . ~. Sig."~ ~ r. Areas ~c~,:to seasonal or periodic flooding and provisions ~. .. l.iE. drainc!~nd stormwater management; _ g. T~ pro'I:iCtion of environmentally sensitive lands, water . w~fields and aquifer recharge areas; > h. O~ite vehicular circulation, parking lots and loading areas ~ .#signed and sized to provide the maximum reasonable degree = of safety and convenience; 1. The provision of open space; J. The protection of known and discovered archaeological sites; k. The recognition of historic properties; 1. The protection of natural resources; and, m. The availability of facilities and services at adopted levels of service concurrent with the impacts of development. 1-12 Date Future Land Use Element City of Boynton Beach EAR-based Amendments Proposed --.;;.Ci desl!i!teti .- ~ ~, ."'.',,'.. ----, -- P~I~5.2:~e City ~itiJI c<;mtinue to enforce regulations requiring that all - -=., bu~ngs s~e constructed with the minimum first floor un. elev1jpn ab~e the 100-year flood elevation. Construction of - build~s, structures, and infrastructure shall comply with the - City'sB'lood Damage Prevention Ordinance which shall comply ..........: , wit~e requirements of the National Flood Insurance Program, .._i~~he Florida Building Code, as well as applicable regulations of S'fhe South Florida Water Management District and Lake Worth Drainage District. Objective 1.4 Measurability: Policy 1.4.1 Policy 1.4.2 Objective 1.5 Measurabili ty: Policy 1.5.1 Policy 1.5.3 The City shall encourage innovative land development regulations that implement this Comprehensive Plan. Number of amendments to the land development regulations that foster innovative regulations consistent with the objective. The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would naf~~ate significant land use conflicts and adequate public facili~ arelvailable to serve such uses. ~-=-:," "".-" ~.. Areas adjacent to industri~e~ated-' for redesignation to ind~al ~e if adequa ___t consolidation to prevent piecemeal en~hment wto adjacenf;;!h:ighborhoods is available provided thaf ~equat~screening ars~~ffering is provided. -'.'.I_ ~ _~z Land develo~ shall be acci~~plished in a manner which minimizes er~~oding, a- r problems due to topography. \. _. . . of flooding ment projeCfJ"'s. continu~7enforce regulations that prohibit the ont$Qunes. problems due to topography in The City shall continue to adopt and enforce regulations that prohibit the removal of rock or soil from property, except to the extent necessary to prepare a site for development. City of Boynton Beach EAR-based Amendments Proposed 1-13 Date Future Land Use Element Policy 1.5.4 The City shall continue to enforce regulations to provide that the grading of development sites shall take into consideration the existing and future grade of adjacent properties and rights-of-way. Objective 1.6 The City shall coordinate future land uses with soil conditions so that urban land uses are prohibited in locations where it is not economical to remove or treat unsuitable soils that would adversely affect the performance of inf~structure, buildings and other structures, and drainage. l.SRk~rmore, require land development and construction to~ ac~mplished in such a manner so as to prevent unsuitahjj'- sluls from adversely affecting the performance of infrastru~~, buil~g and other structures, and drainage. . '~, " - - - - - - ...-- - - - ----. ~ ~, Measurability: Number of developmen~rs or pegnits denied 1jjituse of unsuitable soil conditions. -:::,. ~ ~; - -- ~ - -' -. ~ - -' - ~ ~ "'" :" Policy 1.6.1 The City shall continue to adop~.ld enforce regulations to prohibit development ~an land uses w!Hl:~re the removal or treatment of unsuitable soils~ow:hibe unecono~l1?vide that unstable soils shall be remove~ ~truction ....land development sites wh~ these soils .ou1~eB.eftormance of infrastructure, ~ll~and build~~r other~tures. -' - - - - - - - ..=::: ~ ":. ~ - - - Policy 1.6.2 ~ ~e City .all continu~ adopt and enforce regulations to require fiii::..soilsk.tested and ii&its of same submitted with subdivision pla!\!J ~And ~tl:U41~.'J?eriirrt applications, in accordance with the ff . P]orida$u.ilding C~ -- -- - -- - -~ p~ ~,6..3.. .... TIi.gity s~ntinue to adopt and enforce regulations that req~ sub~isions to be designed and constructed so as to remo~ unstable or impervious soils which would adversely affect _ the gerformance of buildings, structures, infrastructure, or .. dr~ge. . Objective 1.7 ~he City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within the commercial and residential Community Redevelopment Area. This includes areas east of 1-95, notably in the Federal Highway corridor, the Heart of Boynton and Boynton Beach Boulevard areas, and the Ocean District. City of Boynton Beach EAR-based Amendments Proposed 1-14 Date Future Land Use Element Measurability: Number of redevelopment plans adopted or amended for the Community Redevelopment Area. Policy 1.7.1 The City shall consider the recommendations of adopted Community Redevelopment Plans and design guidelines when reviewing all requests for land use amendments and rezonings for property within the Community Redevelopment areas. Policy 1.7.2 The City shall encourage land asse~to promote large-scale redevelopment and infill projects. - -::.. -, - Policy 1.7.3 The City shall require that qL~ns for ~development and infill projects encourage the use ~ffik trans~.destrian and bicycle travel as alternatives to ~r a~a shall maXl.~e personal safety. ~, ~ ,~: '.~, ~~ .', ~:' " Policy 1.7.4 The City shall evaluate C6~]]ing ~ for redeve ~nt plans in specific areas of the City that ;.e:if5t ~thin the ~' s designated Community ~development A~, If an evaluation determines such a need, t~elopment of- lans shall be added to staff workprogram.\ . ......... _ Objective 1.8 Th,e::6ity shall dis"iiilur~ ~ation of urban sprawl and .slmll~litate a - -pact ur~t development pattern that ~rovide~pportunit -" to more efficiently use and develop -~rastrudiitre, land, '=and other resources and services by Ci5i\centr~& more in~Tve growth within the City and the ~ -=--~itf~~,!:lP.., e3:": Met:J.S:li!f'ability:~ber velopmentapplications denied because of evidence of "'::"'0 -=.. p~ anon ..:zn sprawl. - -- - ._, .- Policy 1.S~~...> The 'ity shall provide water and sewer servIce, according to . ..... apprcj'riate contribution requirements, to all existing and proposed < urb. land uses within the water and sewer service areas ~eated in the Potable Water and Sanitary Sewer Sub-Elements, iiP to the densities and intensities which were utilized in planning the water and sewer systems. Policy 1.8.2 The City shall further discourage urban sprawl by; City of Boynton Beach EAR-based Amendments Proposed A. Preventing the presence or frequency of the primary indicators of urban sprawl through continuous promotion of compact developments within the City's utility service areas, while 1-15 Date Future Land Use Element requrrmg the maximization of all public services for each development in the most cost effective manner possible; and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Objective 1.9 As a part of Urban Infill and redev#NPent strategies, higher densities and intensities will be eniiJuraged in the Urban Core. Pursuant to Section 380.06(2)( e ~~a Statutes and Rule 28- 24.014(1), F. A. c., the Urb&f Cert&l Business District, as depicted on the Future La~~ Map, t11 hereby established to increase the developm~ onegional i:d'l'!~rt guidelines and standards. These incrpfi d thresqplds shall apn1y only to those developments apptnVed.L., . after tla.e effective"'. of the implementing ordinance (~.in~~39). ::;:" - - Measurability: Number of dev~ts approved in ~rdance with the objective. -' - -_. - -, .------.,.. ~ - - ~. -----. - Policy 1.9.1 For residential, iiate~or retail d!!c~dopments, the applicable ~iQWines and siiBdar~~e_~4.014(10), F. A. C. shall .i:e€re~y 50 perce~-=- --;- = -=. ~ = -,' - - '" Policy 1.9.2 ~~e applii.ble multi-uyidelines and standards shall increase by ~ p~ed that on~Atl use of the multi-use development is reslcHiilial, d.il.lg, . P"""t resRrential development amounts to not less .=- ~an 3t1H~rcent of ttre:lZity's applicable residential threshold. - '-'-"'-- --.... - ~~ -=. -=- A P~.3 .. If~ portiM~' a proposed development is located outside the deliiiiiated mhan Central Business District, the increased _ guidtles ~d standards shall not apply. Objective 1.10 . Th~ity shall reduce, and eventually eliminate, uses that are ~nsistent with the character of the City, or with adopted ~development plans, and insure the compatibility of future development plans. Measurability: Number of inconsistent uses reduced or eliminated within the planning period. 1-16 Date Future Land Use Element City of Boynton Beach EAR-based Amendments Proposed Policy 1.10.1 New development and redevelopment shall be consistent with the guidelines of the Future Land Use Element and Future Land Use Map. Policy 1.10.2 The City shall actively work toward the elimination of uses that are incompatible with surrounding uses and shall consider amending the zoning regulations to require that all nonconforming uses determined to be severely incompatible..:;.,with the character of the community will be phased out throug~~ortization schedule. Policy 1.10.3 All attached single-family, oSTh.n~tl~rrium, and cooperative dwellings which exist at tl1~ time ~~:~ the adoption of this comprehensive plan shall ~~~ued to~ conformance with the densities shown on ~utuie Land Use regardless of the existing density, wi!..];(=i~lj~pect to;.-4he cantin ,r..epair, and reconstruction of same, tl'll1l~p.ss th~S!:ntire site o(L~f.ed by such dwellings is cleared and red- d, i'iFwhich caseFlhe maximum density shall ~.!hat which is snow;:!. on the Future Land Use Plan. ---.... ~ ----. .............. Policy 1.10.4 Dwellings, whic _ . on noncon1d~;I~]jag lots with a reasonable lot area and on \ihic uction i:s?'permitted in the zoning re . ns, shall ~cooeru~~rm to the densities shown .on t re Land ~.~pian. - . : -:'~: ~, :;::' - --., ~ Policy 1.10.5 . . ~he City .!hall continu5;to _l;lse regulations requiring buffering of inll(~pnaatv ];!nd uses apet forth in the City1s land development regu}Q~flns., ... .. ..=' - --. .''. ,':. '0.....;.0.:," ',.. ";',. ",' . :'-: ~~ive 1.11 Gfl&tal IH.lh:.Hazard Area population densities shall not be " .. inC'~c;ed a};o~ the number that can be accommodated by streets '::.:.::.:... and 9ds inihe event that hurricane evacuation is necessary and .. ...L shall Ie limited to those areas that are planned to accommodate .... suchjlevelopment through the provision of adequate public << .. fagJfies and services. Such development must meet minimum ~dards for High Velocity Hurricane Zones as required by the :Florida Building Code. Measurability: Number of developments approved in accordance 'with the objective. Policy 1.11.1 The City shall adopt the definition of the Coastal High-Hazard Area as the" area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model." City of Boynton Beach 1-17 EAR-based Amendments Proposed Date Future Land Use Element Policy 1.11.2 The City shall not approve any increases in hotelj motel and residential densitites in the Coastal High-Hazard Area that would increase evacuation times above the adopted level of service for out-of-county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale Policy 1.11.3 The City shall annually demonstrate..=...hurricane shelter space availability for at least 20% of the p~.2n increase within the TCEA associated with hotelj motel~d reSidential developments within the hurricane vulnerabil#i~9 In the event the City is unable to satisfactorily dell~trate l;wrricane shelter space availability, the City shal~~Cii:na.te wI~~i Palm Beach County Emergency Manageme~d tHe Red Cros~rovide adequate hurricane shelter spa~ iliiLhin a ti~y manner. lij:=I9f' C~ shall also participate in a long-telu(; ~ou~de, compre'~Sive shelter program coordinated with p~i:'ivate, non-profjf organizations to ensure ad'i~~ate shelter sP~U!11. is available for the long-term needs of the T~ the County -- - -- ~.. ~ "--- - .-= Policy 1.11.4 The City shall diseour. itals, cO~Iegate living facilities for pe~ with spe~ ~s, . "11.omes, and the like from ..#ca~ithin Coailir High-Ha:ard Area and shall encourage -=,"uch exi~g facilitiesla. relocate fo safer locations within the City. ~-' --.... ~ .-, - - .... - - ---~ Objective 1.1~ T~i~iJi~U vromote tp aevelopment of a variety of rental and ownel'''loccupied; ~"::"'and multi-family housing and housing ..:i!!:'IT . li...r a bmad range (jf' income groups, diverse cultures and for .:::: g~;~ps wdb;ipecjal needs, so as to balance the mix of residential "::"""; _ us~IEillmd to~ct residential environments by preventing or . mi~ing Iihd use conflicts. Measurability: . . . NU"! of developments approved in accordance with the objective. Policy 1.12.1 ~ City shall continue efforts to encourage a variety of housing ~oices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi-family, manufactured and mobile dwellings and group homes. Policy 1.12.2 The City shall continue to maintain and improve the character of existing single-family and lower-density neighborhoods, by preventing conversions to higher densities, except when consistent City of Boynton Beach 1-18 Date EAR-based Amendments Future Land Use Element Proposed -.,-- - - Increase in the number of workforce :uii!iifk unifs produced in the City, The City shall continue to utiEEthe orce Housing Program ~o:':~::ts the consrr:~~..afford ,_rental and for-sale ~, -, .- ..... ---- - ,,,,,,., ~ In order to be grantedhi~ densi~ possible i~ecial High Density Residential, Mixed lift K7rixed Use-Qme future land use designa~ns, establishe~rcentages of the residential development - pe affordablt:!~~E~ .Low Income and Moderate Income househa"~ ....'";"; ~:> ............" ~.. rkforce Ho~ngJ?i5~haJ.]:"=Continue to offer developers rs to on-sit~vision orjlfordable units, which include: ~ ' Pay l1iiilt in-lieu c~ibutionsf ~Land ~nation wit~ the City; 3. '@ff-~nstruction ~nits; and 4. ~as~ ft~! :~~xtlatfOn of existing market rate units to be . ....... .. · .. . dOl(&;(",~ to the c1'fY'br sold to eligible households. -'. - - ~ -, .~ -,. ~'- "'" 3.4 Alr.:~)rkford1~,!~,.tising units constructed under the program shall .. ......... rem.:iiiaffoniible for a period of thirty (30) years through the use of . ...... restriQive covenants. Policy 1.13.5 ....,.The.a::ity shall continue to explore innovative development ~lations, the use of prefabricated housing, regulations regarding non-conforming lots and other policy tools to provide increased access to affordable housing. Objective 1.13 Measurability: Policy 1.13.1 Policy 1.13.2 Policy 1.13.3 - -_. - - Objective 1.14 Measurability: with adjacent land uses, contributes to the implementation of adopted redevelopment plans, or furthers the City's affordable housing programs. The City shall continue to encourage the provision of workforce housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. The City shall continue to protect native habitat, and preserve wetlands, archaeological sites and historic resources. Number of areas or sites protected. City of Boynton Beach EAR-based Amendments Proposed 1-19 Date Future Land Use Element The City shall, through the enforcement of pertinent regulations, continue to require that, in the event oJ.. prior knowledge of any archaeological site on a developme~ or the discovery of archaeological artifacts during proj8consfruction, the developer shall stop construction in thatpa i.U;;td immediately notify the Bureau of Archaeological Re~eii'h, in *laP; Florida Department of State. Proper protection o~~te;ources 41A;,the satisfaction of the bureau shall be provide~ the developer. · '. ....-.-... - ~ - - - A.l<i, _ '-' _ Historic resources ide~tifil:~~ "Th~liY of Boynt~ch Historic Sites Survey" shall be incor~.IntcFthe Futur~and Use Map series and shai:Lbe protected frOia:aevelopment and redevelopment activities. '=- . - . -~ - ":._~ ~ - ":i.. - _ ----... - - -'. - The City shall ~n~ solicitlifPut form local historic pr~lction grou~~~-lists and maps of historic ..:f1"operiiis containeJ""-#""the comjjifed historical survey. The City ~omm.isSiin shall ad'i:l2t any revisions to the lists and maps of -':"" :l'~I:~btorical ~roperties, ~h.....are shown in the historic survey and _ thl'~ :OllJ~CDsive Plan,l9r recording with the Florida Master File. -', A- .. TIle Ci~!and devempment regulations shall continue to provide pill I~f:ction~d historical resources. The _ wiIfiontinue to expand through annexation of enclaves, POCk~ and other contiguous properties. Measurability: .. !:..# of annexations processed. :;be City shall continue to promote the orderly annexation of lands consistent with Chapter In, Florida Statutes, and the Palm Beach County Annexation Policy. Policy 1.14.1 Policy 1.14.2 Policy 1.14.3 Policy 1.14.3 The City shall continue to enforce regulations reqUlrmg the preservation of 25% of all" A", "B", and "C" rated sites of 10 or more acres and shall require that these standards are placed as conditions of approval for development orders and permits where applicable. Poli~4.4 _.~ - - ()bjedi9!r.9 15 Policyl.15.1 Policy 1.15.2 The City shall utilize four methods of annexation: 1. Voluntary annexation; 2. Annexation by interlocal agreement with Palm Beach County; 1-20 Date Future Land Use Element City of Boynton Beach EAR-based Amendments Proposed Policy 1.15.3 Objective 1.16 Measurability: Policy 1.16.1 Policy 1.16.2 -~ - - Policy 1.16.4 Policy 1.16.5 3. Compliance with pre-annexation water service agreements from the City; and 4. Referendum. The City shall require every property being annexed into the City to concurrently apply for land use amendment and rezoning to the City's adopted land use classification and zoning district. The City shall continue its invol~t in the process of coordination and collaboration ~twee~' the County, local governments, and the School D..isi-lj;l .ill the planning and siting of public school facilitie~ ~ coOilination with planned infrastructure and public f~~. .. . ... .... ....,:: -~ ----...,,-"'~,: -- ~ Number of public scho(}J~jZities d~~loped or re-'1.0pe1 within the City. '~':" -, .. ".L ~--- '- =- -~ -:;... - The City Of-Boynton Beach 11 coordinate and provide for expedited re -, of developmaB::..proposals with the School District durin -:::~ evelopmenf iew process to ensure integration of p~ic sC1t~ facilities surrounding land uses an~ compatibiIl'i!: o~ hdOls. "iM~ _ __ ~~ -, -_., - _. - ,- ere ~tS11 be no ~gnificant~environmental conditions and . icdhistorical r~urces on a proposed site that can not be ~te~ otherwise pelude development of the site for a , pUD~~~C~itJ~-~~~~itY. rop~ site shall be suitable or adaptable for development in ac . ance.. ~~ applicable water management standards, and shafiipt be ~onflict with the adopted or officially accepted plans of th@outh Florida Water Management District, or any applicable StorrjVater Utility or Drainage District. ~ proposed location shall comply with the provIsIOns of the ::Coastal Zone Management Element of the comprehensive plan, if applicable to the site. The City of Boynton Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City Of Boynton Beach capital budget expenditures) for 1-21 Date Future Land Use Element City of Boynton Beach EAR-based Amendments Proposed Policy 1.16.6 Objective 1.17 Measurability: Policy 1.17.1 Policy 1.17.2 sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy 1.16.1 above; and, · Allowing schools as a permitted use within all urban residential land use categories. The City Of Boynton Beach shall coordina.te with the School District for the collocation of public facilities,s7~s parks, libraries, and community centers with schools, t~ exte1t possible, as sites for these public facilities and scho.aUf ~rhosen and development plans prepared. ..=:~. . - -. ~ -- - ~-- -- - _ _. <00 _ -_. - The City shall pursue .:.#iinomic developrrl.~ opportunities to support a competitiv~~iversi~d economy. . . _ ". -~- =-. ---..,. - ~ ~ ~ ~ .......... - -~ ~ Number of developments appro~~ortmnce with th#fibjective. -. ~ - ~ The City shal~nue to attrac~ of high value industrial, commercial ancF"=!,eSilc:Atial develop~t will strengthen the tax base and ge~rate~ment iflportunities for residents wi~t affecting ~he.::~ity~15orhoods and community ~ara~ ~~. __ - - -- ~- S ~_ ~ - -- ....... - - - . ;I h~ City pll continue ~ar.ticipate in public and private efforts to i - lement~ethods to retain and strengthen the exis 0 - :F as to expand employment and training ~por~ps to sup t a competitive and diversified economy. ~, --, --- ---.,... Th~ty sha -tinue to coordinate economic development efforts with lJ!e COrmILUnity Redevelopment Agency, the Boynton Beach Ch~r of Commerce and the Palm Beach Business Development BO~~ - - - - -. - - - - POlt~7.3 . .. City of Boynton Beach EAR-based Amendments Proposed 1-22 Date Future Land Use Element City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 PROTECTED LAND USE NEEDS UPDATE Q VER VIET1:' The land Use data provided as part of the Evaluation and Appraisal Report demonstrated that the City is nearing bUildout. The Land Use Element has therefore been broadly amended, with the sharper focus on planned redevelopment activity and nuxed-use land USes. Selected policies in Objectives 1.16, 1.19, and 1.22 have been revised or eliminated. In particular: . The references to the Visions 20;20 plan have been eliminated and/ or replaced by references to more recent area redevelopment plans as appropriate. . The policies pertaining to conunercial Uses and conversion guidelines have generally been eliminated. All mlxed use designations have ranges of allowable percentages of conunercial Uses in mlxed Use projects and are monitored by area. These include Mixed Use and Mixed Use-Core designations in the Coastal Area, where the demand for conunercial Uses had been previously determined not to increase, and where the redevelopment activities have been, prior to the housing market downturn, particularly dynamic. The projected population increases in this area remain significant. . The results of 2005 study Retail Analysis & Strategy for Boynton Beach eRA have been helpful in guiding the redevelopment process. The study reviewed the economlc feasibility of the expansion of retail and related commercial uses alongside of US 1 corridor. Work continues on the Downtown Master Plan which will further address the conununity vision for the area as well and its market feasibility. . Finally, TCEA program, which COVers a significant part of the CRA, defines limits and ratios for residential and commercial uses. The issue of industrial land shortage in the city (as well as throughout the county) has been recognized; however, it cannot be easily addressed. After extensive conversions of industrial designations to (mostly) residential uses OVer the last 5 years, the city has oniy 51 vacant acres of industrial land. Generally, it has also been recognized that that the character of manufacturing has changed and that the new "high technology manufacturing" has much different land needs and is "cleaner" and less obtrusive. Therefore, the list of uses for the Local Retail Conunercial Land Use has been amended to allow limited light industrial uses in planned conunercial developments (flex-space). Moreover, Policy 1.4.2 encourages redesignation of areas adjacent to industrially_ designated lands to industrial uses whenever appropriate. The City will follow up with City of Boynton Beach Ear-based Plan Amendments Support Documents 1-1 Date: August 2008 Future Land Use Element Not Adopted changes in Land Development Regulations, especially regarding the adequate screening and buffering. While demand for industrial and commercial uses is considered, it has to be emphasized that Boynton Beach is not the isolated city but a part of a large, urbanized metropolitan area and a three-county labor market. A number of community and regional commercial centers are close to the city's borders, easily accessible to the city's residents. However, commercial (and industrial uses) diversify Boynton's economy and the tax base, require fewer services and usually generate positive net fiscal impact. In fact, in terms of taxable value Boynton's commercial and industrial uses constitute 25.7% of all real property, while the percentage is only 14.5% for Palm Beach County as a whole. POPULATION PROTECTIONS The projected population increases over the next twenty years will largely be housed in units built in redevelopment projects, both in targeted redevelopment areas east of Interstate 1-95 and in the northwest quadrant of the City. However, due to the sharp downturn in residential markets that has caused major delays in construction of projects approved between 2004 and 2006, the population projections for the next 5-7 years need to be adjusted forward. The clear indication of the local housing market slump is the number of housing permits: in 2005, a total of 1,294 housing units were permitted; in 2006 and 2007, the numbers were 452 and 427, respectively, a sharp decline of over 65 %. The University of Florida BEBR estimate of current Boynton population shows a loss of 199 persons between 2006 and 2007 (a decline of 0.3%, from a total population of 67,072 to 66,872). T bI 1 P I t. P . f 2007 2025 a e . opu a Ion rOlec IOns - Source 2007 2010 2015 2020 2025 Palm Beach County, 2007 68,452* 75,325 86,679 X X Metropolitan Center, FlU (low)** X 74,179 83,878 94,845 107,247 Metropolitan Center, FlU (high)** X 75,839 87,674 101,357 117,175 Projections assuming 1.5% annual growth over 2007-2015 and 2% over 66,872 * 69,865 75,153 82,975 91,611 2015-2025 veriod*** * Current estimate is 66,872 (University of Florida, BEBR) ** "Low" is an exponential projection; "high" is also exponential, but uses housing units as a base. ***Average annual (compound) growth rate was 1.5% between 2000 and 2007 and 2.5% over the last 10 years (1997- 2007 City of Boynton Beach Ear-based Plan Amendments Support Documents 1-2 Date: August 2008 Future Land Use Element Not Adopted Since both the county projections and the Metropolitan Center high scenario are based on the information on land uses, densities (current and planned) and residential development activity, these projections are clearly consistent with the assumed increase in the number of housing units. Currently, about 5,546 units are approved; some are under construction but nearly half is on hold. If built by 2015, these would accommodate about 9,880 new residents (assuming a 5% market vacancy rate), bringing the total population to 76,758 persons. It is likely that some 20% of the new units will be second homes; in this case the added permanent population will bring the total to 74,800. These calculations are based on 2.0 persons-per-household - below the city's average of 2.26, since it is assumed that the percentage of one-and two-person households occupying the new units will be higher than their share in a total number of households in the City. Given the persisting real estate downturn, it is very likely that some of the approved projects will not be built by 2015. As stated above, the short-term forecast (up till 2015) has been adjusted: Table 1 shows the adjusted projections, which assume that over the next 7 years, the population will increase at the annual rate of 1.5%, which was the City's average annual growth rate for the past 7 years. The 2015 forecast thus obtained is 75,123 persons, about 12% lower than the lowest of the remaining estimates for that year. A 10-year planning horizon requires 2018 projection: it is 79,753 persons, assuming a 2% growth between 2015 and 2018. Table 1 also shows 2020 projections by Metropolitan Center (Palm Beach County does not provide past 2017 projections for municipalities). The additional source for longer term projections is the Metropolitan Planning Organization (MPO), which needs estimates for its Long Range Transportation Model. The MPO's 2030 population projection for the City is 103,206, clearly well below the Metropolitan Center's numbers, However, uncertainties tied to long term projections of redevelopment as well as annexation activities allow for significantly different scenarios. VACANT LAND The current inventory of vacant lands is taken from records of the Palm Beach County Tax Appraisers Office dated June 28, 2007, and is for the year 2006. The inventory does not take into account parcels that are under development orders; neither does it consider those parcels that are undevelopable because of shape, access, or other physical constraints; nor those parcels that are considered environmentally sensitive lands. City of Boynton Beach Ear-based Plan Amendments Support Documents 1-3 Date: August 2008 Future Land Use Element Not Adopted T bl 2 V tL db L dU C t 2006 a e . acan an )y an se a egory, Number of Parcels Area in Acres Land Use Under 1 1 acre and TOTAL Under 1 1 acre and TOTAL acre over acre over Residential 1142 42 1184 119 186 305 Commercial 86 16 102 27 68 95 Industrial 7 8 15 4 47 51 Mixed Use 14 10 24 6 69 75 TOTAL 1249 76 1325 156 370 526 Upon further examination it was determined that 745 of the vacant Residential parcels under one acre in size are located in two platted but unbuilt townhouse developments and of the parcels larger than one acre in size, 23 of them (62 acres) are aggregated within six proposed developments. All of the vacant Mixed Use parcels have been assembled under 6 proposed but unbuilt developments. DEMAND FOR COMMERCIAL USES As explained in the section above, a large number of parcels listed above as vacant commercial or vacant mixed use are properties for which a development order has been issued - approved projects either under construction or on hold (mixed use projects were affected by the downturn in residential market early on), It is projected that about 50% of these projects will be completed within the next 3 years. Within the next 15 to 20 years, most additions to commercial square footage are likely to be part of mixed use redevelopment projects. During this period, changes in demand for commercial space will be driven not only by growing population, but equally by shift in its socio- economic profile, with paramount factors being higher incomes and different retirement lifestyles. Table 3 below shows the city's employment forecast, generated by MPO and based on long -term projections of commercial development: 2007 2010 2012 2020 Palm Beach Coun Bo nton Beach % of coun 552,086 32,850 6.0% 576,610 34,974 6.1% 593,562 36,465 6.1% 666,502 43,093 6.5% City of Boynton Beach Ear-based Plan Amendments Support Documents 1-4 Date: August 2008 Future Land Use Element Not Adopted The MPO 2030 projections show a total employment of 58,233, of which 29,943 would be in service, 18,768 in commercial and 9,522 industrial sector (as per SIC code). This employment growth would indicate a compound annual 2007-2030 rate of 2.5 %. In 2005, Chesapeake Group, a consultant hired by the city's Community Redevelopment Agency, generated projections of demand for retail and related services, breaking the demand into two components: the city's residents and the secondary market, composed of residents from the remainder of the Palm Beach County. The consultant's analysis showed that the first component would support a total of 3,044,273 square feet of space by 2015, approximately additional 864,000 square feet over the existing 2005's square footage of 2,180,606. The secondary market penetration is estimated at 4%, supporting additional 692,000 square feet in Boynton Beach by 2015. Thus, the combined primary market and penetration level secondary market will generate the opportunity for about 1.6 million square feet of new retail space. It is unlikely, however, that this will be fully achieved by 2015, or even by the end of the 10-year planning horizon. Planning of redevelopment activities prompted monitoring of appropriate ratios of residential to commercial uses via two formal mechanisms, both contained in the Plan. The first was set up for all mixed use land use categories and determines ranges (in percentages) of allowable residential versus commercial uses. The second applies to the city's Traffic Concurrency exception area and determines allowable land use ratios (residential to office and residential to other non-residential) at buildout. Commercial Corridors/Retail Areas Areas west ofInterstate 95 (northwest and southwest quadrants of the city) The Congress Avenue corridor and its vicinity is currently the city's main retail area and likely to remain dominant in the future. The commercial centers along the corridor or in its vicinity include neighborhood, community and regional centers. A few - such as Boynton Town Center at the corner of Congress Avenue and Old Boynton Road, anchored by Super Target - have been completed within the last year. The market for the Congress Avenue retail hub extends well past the city's boundaries, but population growth brought about by residential developments along the corridor and in the surrounding areas will have a significant impact. Some 2,650 residential units approved in recent years as part of a mix-use project on the redeveloped Motorola property (Renaissance Commons) and the adjoining property to the south (Boynton Village) as well as 472 units approved in the southern section of the Congress Avenue corridor will result in addition of about 6,000 residents to the area, generating more City of Boynton Beach Ear-based Plan Amendments Support Documents 1-5 Date: August 2008 Future Land Use Element Not Adopted demand for commercial uses. Moreover, the Congress A venue CRALLS (Constrained Roadways at a Lower Level of Service) designation includes future redevelopment scenarios that may increase the population by another 4,000 people over the next two decades. These include areas subject to possible future annexation activities. About 450,000 sq ft of commercial space has either been completed or is under construction in Renaissance Commons, Town Center, Boynton Village and Quantum Park Village South and North to serve the growing population. These projects are likely to be completed within a year. In addition, the Congress Avenue corridor has a number of older commercial strip centers which will, in the near future become economically obsolete; these are potential sites for commercial revitalization likely to happen within 5 to 15 years. Finally, Boynton Beach Mall, which is also in danger of losing its market to newer regional centers, could be remade into a successful mixed use project (the CRALLS redevelopment scenarios include an addition of 1000 multi-family units to the mall). Redevelopment areas east of Interstate 95 (northeast and southeast quadrants of the city) There will also be an increased demand for commercial uses in the eastern sections of the city. Contrary to population projections based on the analysis performed for 1989 Comprehensive Plan, the redevelopment activities east of 1-95 have already brought about significant population increase, mainly along the US-I corridor in the coastal areas. The population growth is likely to continue; several approved projects have yet to be built and there are more redevelopment opportunities that will be realized after market conditions become favorable. Aside from the population growth, demand for commercial uses east of 1-95 - and especially in downtown and surrounding areas - will remain influenced by three factors. First is the draw of retail hub of Congress Avenue, which will only strengthen with time. The second is the absence of historic central core - commercial downtown, or "main street", which means that Boynton Beach's downtown is being created as a part of the overall planning effort in the redevelopment areas. The urban design choices made for downtown along with a focus on a feasible commercial niche will playa major role in giving the City a unique identity. The third factor would be the significant increase in the median household income. Currently, the median incomes in the two eastern quadrants of the city are lower than the median income of $44,084 in the city as a whole. The redevelopment trends will in time reverse this ratio. In addition, new retail activity catering to these higher income populations has a reasonable probability of capturing high income residents that live east of the City on the barrier island. The Chesapeake Group 2005 estimates suggest that a total of between 144,000 and 190,000 square feet of retail goods and related services is supportable in the CRA. City of Boynton Beach Ear-based Plan Amendments Support Documents 1-6 Date: August 2008 Future Land Use Element Not Adopted City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Transportation Element Goals, Objectives, and Policies Goal2 To develop and maintain a trans1Ji!i..tation system which will serve the transportation ~s'1y all sectors of the City of Boynton Beach in a ~f:fficient, cost effective, and aesthetically pleasing:iif.annel: ;tbat promotes multi- modal transportatio~9J?~ns,..ch as walking, bicycling, and transitii:' ~ ... . - - ..'-,",",,~, '.-- -",--, - Objective 2.1 The City shall conti;ue to ~vid~otor vehic~sportation network based on the foftM...r~ rrltnimum l~l of service standards, ex~ within the tral'll,portation concurrency exception area (TCEA) ~esignated col\&;CJined roadways at a lower level of service . . .; - - ~ ~ --:==-' , .=- . ~l of ServiceaD':' bJJ~1taJUlpeak hour conditions on all _- ull~ified Ci~ collecto~ghway facilities. .:=:' ~ ~ t:'" - --:.. -. -, - - -= Ii. Level'jj Service l1~or_peak season peak hour conditions on .1 u~ied arten dlities. ~. ........ ." Leviii:!illPi Servi~" for 1-95 through the City, Boynton Beach 5~ouleY;i;.~ fr~m Old Boynton Road to 1-95, NW 22nd Avenue ... '00' ~een~iigress Avenue and 1-95, Congress Avenue , .' liiween ~ynton Beach Boulevard and NW 22nd Avenue and .. ~.,~, Btton Beach Boulevard east of 1-95. Policy 2.1.1 · .. The.::iiity shall ensure, through the implementation of the adopted ~urrency Management Ordinance, that development orders iftall only be approved concurrent with provisions of adequate motor vehicle transportation facilities needed to maintain the minimum level of service adopted by the City, except projects located within the transportation concurrency exception area (TCEA). Policy 2.1.2 The City shall coordinate with Florida Department of Transportation, the Treasure Coast Regional Planning Council, and Palm Beach County regarding the designation of "Special Transportation Areas" for those roads with operational standards City of Boynton Beach Comprehensive Plan Amendments 04-2 2-1 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 Policy 2.1.3 Policy 2.1.4 Policy 2.1.5 -~ - - - - P~1.6 Policy 2.1.7 City of Boynton Beach Comprehensive Plan Amendments 04-2 less than Level of Service "D/' including Transportation Concurrency Exception Areas (TCEA) and Constrained Roadways At a Lower Level of Service (CRALLS). The City shall continue to annually identify Backlogged and Constrained facilities and roadways operating below their adopted Level of Service. Through the continued monitoring of area-wide traffic conditions, and requirements for A;.velopment project traffic studies, highway improvements an~a~ traffic impacts, the City shall only approve additio~~velopment projects which would "Maintain" operatin~ndiQQns on Backlogged and Constrained facilities, excep.t~~ TCh~ ~d CRALLS, and not cause adopted level of s~ce-::Standards t~teriorate on other roadways. .::;;;;- -=- ~ - --- -:"" . -...:... ", "'-""~ The City shall petition F~*"'l. ~h~ounty for~e necessary exceptions to the Palm Bea~ountywide Traflfc Performance Standards Or&ance (as adoptect;t~t~June 16, 1992 and as revised in August 1995), ~s it becom~~;'~f)ssi~le/necessary to request such exceptions. ~. . . ~- ~ --=..... --- - - - -~ - ~ shall con~~e ~lL;nt of the adopted County- .swide 'l'i!'iitic Perforntl!Lce Standajns Ordinance, and conformance _ It&> the Le~ of Service~andards set forth in that ordinance, except w ~~re r~onable exce~B$ have been approved in accordance wffiEtlLttl drSi,,::m<:::e a.riiF" do not exceed the Level of Service ::::::.5tanJi1tds set teJrttlJ1WbJective 2.1. - -.. ~ -- -.. '" - - -- -. ~pof"lII"'oD:tconcurrency exception area (TCEA) is hereby est~hed a"p designated for a portion of the Boynton Beach Comirunity Redevelopment Area (CRA) as shown in Exhibit TE-l. The mEA shall be limited to the maximum allowable number of ... . unit~quare footage, total daily trips, and total pm peak hour trips -.:e.;deifified in Table TE-l. Any project utilizing the TCEA and itgnificantly impacting the Florida Intrastate Highway System 1FIHS) shall be required to address its impacts on the FIHS as required by Palm Beach County. In return, the City will actively pursue the goals, objectives, and policies contained herein to create sustainable development patterns within the CRA supportive of walking, bicycling, and public transit. Beginning March 1, 2006, the City shall prepare an annual monitoring report for development approvals within the TCEA to demonstrate compliance with the conditions of the ratio of approved residential units to 1,000 square feet of approved office 2-2 Date: February 15,2005 Transportation Element Ordinance No. 04-059 Policy 2.1.8 and non-residential space. The City will forward this report to the Palm Beach County Planning Director for review. Development approvals utilizing the TCEA shall remain at or below the maximum allowable limits for units, square footage, total daily trips and total p.m. peak hour trips set by Table TE-l. No building permits shall be issued for new development when the applicable maximum allowable limit~.1 that development is reached. . ....~..... ~. TABLE TE-l ...:;- .. > BOYNTONBEACHC~~EA . ........... PLANNED DEVELOPMEN.'EI!l~HOLDS:~::. . ~'~. "'.'~":"': Residenti Rentac Units 7,000 _ 15% . Other ofilil: . _ N on- _. P- Residential 2,400,~ 1,450,000 15% 10% Allowable land use intensities ~strial Planned Land Use Totals Allowable variance +/- (%) Maximum Allowable Minimum Allowable _. - - - ~ ~ 2,760,000 2,040,000 1,595,000 1,305,000 Allowable Vehicle Trips_ . PM Peak Hour Traffic 4,510 Planned Land Use Net1ll'w Trips ____ Residential/ Other Non-Residential y ~5.3 -, ~ ~ - - ~ 1filij City sI~~n. aJ.)ilually monitor the intersection of Boynton Beach Bo~ard ~.s. 1 (Federal Highway), and coordinate with FDOleand PIDm Beach County to improve this intersection when necesirY, and if feasible. ... ..',!}~ng with the March I, 2007 annual report shall include.,..aREi ~e end of each reporting period thereafter, the cumulative ratio -:Sf approved residential units to 1,000 square feet approved office and other non-residential uses shall remain betv;een the maximum and minimum alla-wable ration identified in Table TE 1. Allowable Land ase1i\i1l;Ws P~!~~L9.. ... Policy 2.1.10 Objective 2.2 The City shall continue to implement the future Transportation Plan on apriority basis and shall coordinate same with the City's Future Land Use Plan, Housing Element, and Coastal Management Element. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-3 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 Measure: Development of road improvement priority listing, miles of roadway constructed and other improvements, and maintenance of adopted Level of Service standards. Policy 2.2.1 The City shall continue to establish and maintain an updated prioritized listing of short term (20Qe13), mid term (2010), and long term (2crnl18) transportation improvements for use by the City. - - - - Policy 2.2.2 The City shall continue to lobby ~l ~ach County and the County Metropolitan Planning~zation for the timely implementation of all progpnmeGl. road improvements as identified in the City' s Trans*~on EI~~I!t. -,~~ ~ - - - _ w _ Policy 2.2.3 The City shall continue~oordin~te with Pa1t~ ;.pach County and the County Metro~PlanniiJi, Organizaiftif\ ia order to attempt to secure County:ljhd/~t~ funding ~lanned, but unprogrammed road impro'i'illjj7nts as identifieff in the City's Transportatioii:~l~ment. ---.. ""=-. -~-, - Policy 2.2.4 The City, in c~un~tH I~"i . with the ~ update of the City's Capital Improve~t P~hall.Jfuntinue making available ~~ntal fun~~ece~fo accelerate unfunded or ~llierw~ lagging ..-ad impr~ments, including pedestrian, ~icycle, 61 commuri1far transit "projects, particularly within the ~ ~'~~~ = ~ A. = :... ..;;., ~ -, -=- --.", ~. . . .. ..sF' . By Ja"'11Ary~~5T' f'~~.dty, through the CRA's Direct Incentive :::';"~gram and its Affordable Access component, shall implement a pP~~am to m~affordable housing available to low-to moderate inc3!!f housiJiOlds (with incomes of 80% to 100% of median hous'ijold mcome in Palm Beach County) in the TCEA. The affor4.!ble units in this program must remain affordable for a . l1li.nijjlm period of 10 years. The City shall continue ~mentation of the policies under Objectives 6.1, 6.3 and 6.6 of p Housing Element of "the Comprehensive Plan to provide other -programs benefiting very low, low and moderate income households. The City will also insure that 5 % of new or rehabilitated housing within the TCEA area is available for occupancy by these households, with pricing consistent with SHIP guidelines, and rent levels consistent with affordable effort ratios. The City will begin the annual monitoring of the affordability of housing within the TCEA by January 2006. Policy 2.2.6 The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the 2-4 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 City of Boynton Beach Comprehensive Plan Amendments 04-2 '~ - Objective 2.4 ~e hall dev and m.yjii'ain a safe, convenient, multi- _,_~odal tt'lBtsportation ~stem, including walking, bicycling, and -l'_!ic tSnsit, which'a.Y'ill meet future as well as current tr,",!i,@n~":tJ1eeds, paj)iCularly within the TCEA and the CRA. .....-- ~ ~ __ - . ~sur"""'ansit ridetship within the TCEA and the CRA. ',. . ..' .. MeC\BJ.re: N er of crashes along targeted corridors involving auto"tbilesTpedestrians, and bicycles. Policy 2.4.1< '.. The J5fty's engineering and police department shall continue to '~~tigate local high crash locations to identify potential methods ~minimizing or eliminating future problems (through Palm Beach ''County's Community Traffic Safety Team). TCEA associated with hotel! motel and residential developments within the hurricane vulnerability zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability, the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely manner, The City shall also participate in a long-term, Countywide, comprehensive shelter program coordinated with public, priv~~:!:lOn-profit organizations to ensure adequate shelter space i~alFable for the long-term needs of the TCEA and the CoUl~-.,.::. Within three years of PIa - _Hon, i~igP.borhood circulation patterns shall be monito_ s-sess loc~rating conditions and address themed f~any cap..,acity or trdilk calminglsafety- related road improvem~ nn an ~eeded basl~~'... ,.:. JW ~~~:;". _ #~'~~ . #" Measure: Number of case srilii~" performed; Number of safety related impr~ents implemefiE~~:, ". , fic count~pecial traffic studies for ~s on;as needed basis. _c ~_--- Objective 2.3 Policy 2.3,1 Policy 2.4.2 The City shall continue to support the construction of sidewalks and/ or designated roadside bikeways in all land development regulations and road improvement projects which shall include ample signage and pedestrian signalization provisions to designate and promote routes. Policy 2.4.3 The City shall continue to require unobstructed sight lines and non- obtrusive landscape plantings along medians and at development 2-5 Date: February 15,2005 Transportation Element Ordinance No. 04-059 City of Boynton Beach Comprehensive Plan Amendments 04-2 Policy 2.4.4 Policy 2.4.5 Policy 2.4.6 Policy 2.4.7 Policy 2.4.8 -~~ -, - - - - P~'4'9.. Policy 2.4.10 City of Boynton Beach Comprehensive Plan Amendments 04-2 driveway / street locations, Planting within and along roadway rights-of-way should emphasize the use of native vegetation. The City, at a minimum, shall continue to program and budget funds for roadway maintenance of City maintained roads at least at the existing levels. The City shall, enforce regulations to ~Ede access management criteria such as establishing minimu~pa&g between driveways (access points) and median open~s well as requirements for exclusive turn lanes and intersp@nsiB!l'ollization (warrants per the Manual of Uniform Traffic C~Devic~ ~,.~"":,,, - -' - - -..... _. The City shall implem~the recopmended Db~\Tay classification system (bike lanes, bilfe=t~~~~, an~e routes) w:t~e City, as stated in the Palm Beach ~l'!l!l1n~way Plan, po assess the adequacy of the system COmp~BEC:;rS in meeting the'=ity's demands and needs. ~ -=- -===-- -- ":.~' " , By January 200~he ~_ shall com~ inventory of existing sidewalks on all a~rial, ~. and6cal streets within the CRA ~~ such an "Tav.eifOry ~b-graphic information system ~IS) to ~~ist City stiitidentify glps and priorities. - - -:.. - - - ..------ = - .,.. ~c City ~all request tw.t..&idewalks be installed and/ or repaired as pat ~~~tate or C.@ifnty roadway widening or improvement ~roject;ii~ . .' . ~ ~ '- -=- -, ~ity ~rk with the FDOT and Palm Beach County to pro.e traff..!Flontrol and design features to enhance pedestrian activijj along all State and County facilities within the designated TCEJ - ity acknowledges that in order to provide traffic circulation _ . d transportation infrastructure consistent with the requirements -of the TCEA, it will be necessary to augment the existing local transit circulator system. By January 1, 2005, the City shall undertake a detailed transit study to develop a local transit circulator plan (complementing or augmenting the County's public transit service) for the TCEA including specific route alignments, infrastructure needs, headways, hours of operation, and other service characteristics. The City and the Boynton Beach CRA shall be responsible for funding and implementing the transit circulator plan based on the recommendations and conclusions of the study. If the detailed transit study indicates that redevelopment projects 2-6 Date: February 15,2005 Transportation Element Ordinance No. 04-059 Policy 2.4.11 Policy 2.4.12 Policy 2.4.13 POliff~ - - - - - - -- within the TCEA have not progressed enough for the necessity of implementing the transit circulator plan on or before January 1, 2007, then the City shall conduct a monitoring study for such implementation every two years. This monitoring study shall be submitted to the County Engineer and Planning Director on March 1,2007, and every second year thereafter until the City implements the circulator plan. The County must review and approve any such monitoring study that would otherwisalow additional delay in implementing the transit circulator p~ --:s The City shall inventory _ p~tize enhancements for transportation projects withH:i:o.t'li\.,bouniiiii:es of the TCEA in the City's Five Year Capital I~VStnents Pro~ - _. - ~ - - The City shall promat'"e t:1~~priety ~ansportati 'ces within the Community Redevelor''''~1'1t ~jCRA) by ~pporting the following design features for ,,,-ms within the TCEA boundaries: low speed tu~ radii; new COi1t.l:mllOuS and permanent on-street parking; pede~aled lighti-. arrow travel lanes; curb extensions or b~ ~tallation -ading street trees; bus stops and othe~tran~}q(:lnce~ts; widening sidewalks; i!!I~-!iQn of bicyc~~; an'.brick crosswalks. ~:. ,....~~.. =r .:::: -=. :. ~ll streetEwithin the &i.A shall, where feasible, include sidewalks -'" e5!:both siles. :. .~ - ? ~The e to monitor the activities of the South - ida ~nal Tra"i;sportation Authority (SFRT A), particularly r d to ~C passenger service initiative and the City's su~t for t~E:linitiative. The ~ shall investigate the opportunity for expanding the Palm BeaclFwater taxi service to include stops in Boynton Beach. The . .=: shall apply for capital funding available through the .etropolitan Planning Organization for water taxi stops when the -:"service is determined to be feasible in the southern portions of Palm Beach County. Policy 2.4.16 Objective 2.5 City of Boynton Beach Comprehensive Plan Amendments 04-2 The City shall create and seek opportunities for grade separated crossings along major corridors, when feasible. Explore all legally defensible alternatives for protection of public right of-way when reviewing development proposals, provide for the protection of existing and future right-of-way from building encroachment. Provide for minimal negative impacts associated 2-7 Date: February 15,2005 Transportation Element Ordinance No. 04-059 with driveway locations, and provide for safe and efficient on- site traffic circulation and parking, including provisions for shared driveways, shared parking, and handicapped users. Measure: Number of development projects permitted subsequent to performance review. Policy 2.5.1 The City shall continue to suppo.&:::.. State and/or County requirements, or more restrictive loc@itei:ia, for minimum access point spacing, cross access eas~ or other access controls associated with engineering an~velllri1pent review procedures. ..... '- - ...... - ---.. -- -.. Policy 2.5.2 The City shall continu~ ~ire in ~land development regulations the provisi... of handicapped p~~g facilities when reviewing developm~osals. ~: - - - - - ~ - - - ............ - - - Policy 2.5.3 The City shall modify and=:i~ce ~gu1ations ;:0 require the conveyance o~t-of-way or e~ents consistent with the City's Palm Beach C~oroughfares I ~iUl a~d with the plans of the Florida Depar~~portatio~or Palm Beach County when corridor riltt-of-~aps ar~ed with the Palm Beach Qt~fficial Rec1t.d~visi~ .- - ~- -=.. ~ '='" - - - - - - ":.. .:='" Policy 2.5.4 .:rhe City~all review~d modify regulations to provide safe and - IllMdent q!site circulatiOi.:..qad parking for all vehicles if subsequent an~i9X;:;;"'-Nnes thats:r-site design produces unsafe conditions. -- '. ,'- ~'''''- .........- "~, - . -.-..-.. Objp~ 2.6 .o;.p CIty .~~hall prOVide for private sector responsibility to ~ i~~~pmen~ect related transportation improvements, -:- incl!ling bI'p1e, pedestrian, and public transit infrastructure, ..... parti'larly within the TCEA. Mea~e: Amount of private sector contributions toward . tr~ortation enhancements. - - - - The City shall continue to modify and enforce regulations to require a traffic impact analysis for any development project anticipated to generate 200 or more additional vehicle trips per day or 250 trips in the AM or PM peak hour. Policy 2.6.1 Policy 2.6.2 The City shall continue to require improvement of roadways to mitigate the impacts of development as a condition of development approval. The City shall, wherever feasible, require the construction of transportation improvements in lieu of impact fee contributions. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-8 Date: February 15,2005 Transportation Element Ordinance No. 04-059 Objective 2.7 In order to maximize highway system performance, the City shall support alternative Transportation Demand Management strategies wherever feasible in lieu of, or in conjunction with, more expensive supply ride capital improvements. Measure: Number of local Transportation Demand Management improvements. _..,~ - - - -..---. ....,- - - - - The City shall promote local,_ Department of Transportation~ ch County) funding for traffic operations improvem;e~~ with"~!i~ticular emphasis on developed roadways su~~~S 1, or ~j.ected overcapacity arterial or collector road.e"ays such as Congres~nue and arterial or collector segment~~nt to~. 95, as weIr. ..uisition of Florida East Coast Railroa~ u _ommuter r nd rail with trail facilities. - "7" -=- - -, ~ -. ~ The City shall,~ary, consid~@pacity improvements to US 1 and Boynton ift.a~ard thro~striping of the existing pavement; this e~t sh~dica~ on a finding of minimal _ . impacts ilg~g ~B . of on-street parking-either ..=nroug _ck of dem.a. or by rejfficement with off-street parking ..;:,. · Ti:~P other _as. -;~ ~ - - .......~ - - """"""'" :<1' , =' -~:\. ~ - mandlStanagement: By January 2006, the City ''the Florida Department of Transportation OT) ~~fice of odal Development for the creation of a ~orta~agement initiative (TMI) in downtown Boynton Bea.,or p ate in a county-wide TMI. The TMI will include consfi:ratioffi'to mitigate peak hour impacts through promotion of flexibJg work hours, car pooling, ride sharing and reinforce transit use<'lSJ non-automobile forms of transportation. Policy 2.7.1 Policy 2.7.2 Policy 2.7.4 e City shall promote Transportation Demand Management ~trategies such as car pooling, transit, and parking priorities to alleviate peak hour and/ or peak season traffic congestion through public/private partnerships (e.g. Transportation Management Associations and/ or Parking Management Associations). Policy 2.7.5 By 2006, the City shall amend the land development regulations to include transportation demand management requirements for major developments within the City and particularly the TCEA. This may be accomplished through cooperation with the TMI. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-9 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 Policy 2.7.6 By 2006, the City shall develop transportation system management strategies to more effectively manage the transportation system including, but not limited to, parking management strategies, signal timing coordination, and programs that increase walking and/ or bicycling. Objective 2.8 The City shall strive to reduce overall energy consumption due to transportation via regulatory measurei:..such as trip reduction ordinances and incentives. . ; -~ Measures: Adoption of a tr~du;l;""n and/or transportation demand management (TD_)~dinad.I;~~ or establishment or participation of a transpo.s.afio~anagem~nitiative (TMI) - - - - ~ - -, ".- Policy 2.8.1 The City shall contirtue~oordin~ with FlorW1t;;,J)e.J:lartment of Transportation and Palm IJ,Q..ch ~I\Q' regardin~mputerized signalization and optimal sib~ling and progreSSion. -=-, -=- -', -----. - - Policy 2.8.2 The City sh~semtinually sUf~N)rt local promotion and coordination in F leJ:~g County~~~idesharing efforts. - ~". ...if? 0iIIlIiM. _ .-----..... _ Policy 2.8.3 ~~shall cont1~~sup~i' Tri-Rail project and the local ffiil st~djacent t~W 22 A~ue and 1-95, and support the ....,~solutio'@md/ or ex~ion of the Tri-Rail to Florida East Coast - I~:i:lroad 1i>on feasibili~.suCh. POli_C..::::::::-y_~ ' . . The 1~~~7 sh~ue to support the high speed rail ... . "-llSpoi ~n concept and participate in the review of rail pt!~~sals ~ these relate to local comprehensive planning efforts .. an~d use:.l:}I environmental impacts (despite the state's recent . . decisll to not fund this program). Objective 2.9 ......... .. The Jity shall continue to provide local transportation facilities ~e visually and functionally pleasing and that conform to ~ guidelines. Measure: Increase in facilities which meet the criteria below. Policy 2.9.1 The City shall continue to institute transportation facility design standards, such as roadway signage and lighting, for the entire City or designated subdistricts. Policy 2.9.2 The City, in conjunction with the recommendations from the Boynton Beach20/ 20 Redevelopment Master Plan, the plan shall City of Boynton Beach Comprehensive Plan Amendments 04-2 2-10 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 The City shall continue to support ~hefe appropriate, require funding for landscaping and irri . in transportation projects and for perimeter masonry angjfu ve~!lation screening along all private circulation and par' ~eas. 1-1ciii~ings within and along roadway rights-of-way..:::::::- ~mphasiz.E1.he use of native vegetation. . --.: .'. ..::> ,~-~~.':: ~,-' ::>"..-:~' The City shall continue to e~rc~~and state 1<551; prohibiting dumping or littering in public~-of-way. 7" :::...._- -,."',', - ",.,':'-- The City shalll nt recornmeriijtltion~ related to the roadway improvements a~ Be~ation as r~ended pursuant to the Boynton Beach 20j€Q . '. ent ~ster Plan. ~', ~ ----. ~ ~' ~- Objective 2.10 ~he CI hall contii.!e to part~ate in the Palm Beach County .._ ~Metropo . n Planniig Organization's long range planning . pm~ess aitd utilize ttm...Jaesulting plans to update the City's Tr~ - men~~appropriate. '~-",'.'. -- iEae City;~all deveIc;'p procedures to annually provide the Palm B~ CO' etropolitan Planning Organization with a pri5iitized _ ng of needed roadway and intersection impr~emenn, for inclusion into the Metropolitan Planning Orgm:iZation Five-Year Transportation Improvement Program. - b.Et:ity shall continue to participate in the Palm Beach County _ chnical Coordinating Committee. Policy 2.9.3 Policy 2.9.4 Policy 2.9.5 Policy 2.9.6 Poli~O.l -- - - - -".. -"- -, -, - Policy 2.10.2 Policy 2.10.3 Objective 2.11 develop "gateway" treatments at major cross street locations and facility entrances to the City, as well as, older neighborhoods. The City shall continue to program and budget funds for streetscape beautification in public rights-of-way. Plantings within and along roadway rights-of-way should emphasize the use of native vegetation. The City shall continue to maintain active and positive relationships with the Florida Department of Transportation, Palm Beach County, adjacent municipalities, and other relevant public and private entities in order to support and engage in cooperative funding of transportation improvements. The City shall continue to assist Palm Tran in providing efficient public transit services based on existing and future trip City of Boynton Beach Comprehensive Plan Amendments 04-2 2-11 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 generators and attractors and also provide local public transit road and terminal areas which are safe for transit users. Policy 2.11.1 The City shall support the transit shelter and terminal development programs of Palm Tran, the proposed High Speed Rail Project and of the Tri-Rail Authority. Policy 2.11.2 The City shall continue to modify arii:l. enforce regulations to encourage the provision of transit ~Q~helters in major land development projects. . .::!fifF . ~ . '='" ~ . Policy 2.11.3 Reserved. ...:.. ~ . ~>.~~ -. -- - Policy 2.11.4 The City will continueKassist P2Jm Tran in:~nte selection and publicity by review;ng. ljJ)d co~enting on~sed route revisions and providing '8&re ~ offices ... Palm Tran schedule information. . - ~ .:: ..:..... - ----...- - - - - Policy 2.11.5 As part of the t~dy in Polic~~~.10 and in cooperation with Palm Tran, the ~~valuate tr~ervice within the eRA boundaries and i~tif~ for rot6 realignments and/or bus ~ovement~~ w~ed shelters, bicycle parking, ffoute ~lllation, b~hes, was~eceptacles, pedestrian access to _~ops/ sh~rs or the ~ed for new bus stops. Based upon the . l"Ml.('lusio~ of the transii:study, the City will work with Palm Tran to ~~""' 'Vp.j\rll\mmend~ctions and modifications to the existing -. transit ,!~~tem W'i~ -CRA boundaries. -. - "'-0.. _ - - ~ ---', ~ - -- p~ 11.6...,.. .. IfR:!!l~Bse thw;:~t~ public transit mode split for work trips to four per~t as ClJ.F effort to reduce motor vehicle use and traffic congijpon. Based upon the 2000 Census, the public transportation modeiplit was 1.53 percent of all work trips by Boynton Beach ~e~ts. Objective 2.12 ~omote a pedestrian- and bicycle-friendly environment by -providing adequate facilities, such as wider sidewalks, buffers from travel lanes, shade trees, shorter crossing distances, lighting, refuges in large intersections, bike lanes, and bicycle parking, for pedestrians and bicyclists. Measure: Length of sidewalks provided, length of bicycle paths and lanes provided, and length of multi-use paths provided in the City. City of Boynton Beach Comprehensive Plan Amendments 04-2 2-12 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 Policy 2.12.1 Promote a pedestrian-friendly environment on streets within the TCEA and the CRA by providing adequate and comfortable facilities. Policy 2.12.2 By January 2007, the City shall complete an inventory of existing bicycle facilities within the City and place such an inventory in a geographic information system (GIS) to assist City staff identify gaps and priorities. Policy 2.12.5 By January 2005, the City will co _a citywide bicycle facilities study for providing an interco~ted~.cle system with the City that connects local residents::;a,n~visito:f~ ::~ the area with major destinations. . .. ... . .~: '",,' w .. ~ -:, -" - - - - ....'..: By January 2007, the"' all id~y all streents within the TCEA and the CRA t]j~!:~aTe ~~rently desipated with in- street bicycle facilities and det;t~e the most appropriate design to accommodife.such transportang( where appropriate. By January 2007, , !ill condu~Lventory of the existing major street ne~k w~.~.Jcif and the CRA to identify ~nd barrie~#,cychSt~ prepare a plan for removing ...~ mitig~Lg such in{~diments. .;- ...-- - -- .--. - ........;.. " , " :; - ......- -. -. =. Policy 2.12.6 . ~.. Cityashall provi~:r.t:)l]tine maintenance programs for all desir~'I~ and;.j5edestrian facilities within the TCEA. ~ain""ffii~nce s de, but not limited to, sweeping of bicycle . .~es, a~ning potholes. _.7 Inc.e the _ ber of work trips by bicycle within the City by one "' perc~ by WI0. Based upon the 2000 Census, work trips by _; bicycIE accounted for 0.45 percent of all trips by Boynton Beach -"~e~dS\ts. Policy 2.12.3 Policy 2.12.4 -"" -, ~. - - - City of Boynton Beach Comprehensive Plan Amendments 04-2 2-13 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 TCEA Boundary Map - - - - - II ~......' ..~1oIIO.T I ,iW~lB '~l 9HH~BffiHB J--. .,. 'a- ,- ~m' 'IElffilllllilr r' . ~~~ (]J ~ ,~~ ~\" ~fiHlB ~~ lffll. I EB ~~ P ,", r~~ r~m ~~ " H!Iffi,., ~.! 0111 · ~11=!j "'" . w m 0 ~ _EI@gUfB~ J I I I I I & II I I II, ,.,..".:.J 1ft lin JI I 1\11 T 19~ ~ Entt388 ~~ r:5ilD- , II III I II I I liUll'ilmBHillJ1ilJ\J" 1m I \:3 Il+T'-iI I HIIIIII"I IHffiIffilffiEhffiID ~ ~ j f I M --..l IIllllIIl!IIHIIliEIB J Iffil\IIl ~ HHHHB~ ~ 1-0 pt:::::1 .~I _ 10 ~r~r ~ I HOHffir:BI1E33 ~ '. ~ " IrnITlIJHmIHB~HHHlf]~ ~~I ' d ; ~(HPffi8~~ ~ ~ . ~ t= ~ I ~iHif!IlJ1ii'llI\m ffiIIIlB i:; .~ '- ffilHffi9.l3:tE:m HffiiEBBWffiiB mRi52iI rT 11'1"1 HHE33IEmHiD~Iiffm 8iIHiIR '1""'11 t:;!,lwkJ 7" j / mgJjffijRlElll5l9l ~ ~ Lm~ ~~ffiEf9 ~ CD: ....., ClI*~""""" "~"'---Iloor;j, . a IIl.1 D.!I :u.. Legend D ~ TCEABoundary Ai Cityof W :::'D ~.~ ::==... ~ ~-... City of Boynton Beach Comprehensive Plan Amendments 04-2 2-14 Date: February 15, 2005 Transportation Element Ordinance No. 04-059 Civ offJo n Beach C~mpfe ,(?'; nsive Plan Transportation Elemen Map Series City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Thoroug hfare .System Functional Classification of Roads H oluxo d Q) > ~ Vl Vl ~ "0 0:: U--i Old Boyn on Rd . i ! .._..1 ! ! ! I ...-.., Boynton Be h Blvd , i ,-. i i i ! i Woolbrigh Rd "'t: I- ~ ~ ~ en ... ! ! i ! i... I r. -..-..-..-..-..-..-..-, Golf Rd .. I ..-..-..-..-..-..-..-..-..-.. Legend 11111I11I Urban Principal Arterial (U-PA) 1"1'" Urban Minor Arterial (U-MA) - Urban Collector (U-COLL) c:: o <..> z Miner Rd Blv o Hypoluxo Rd "0 0:: "'" ...... g "t: ... CD ! 0 Jiner d ~ J: CD 'x is en ~ J: & Q) "0 Q) I.L. -g :2 iii ..-.., ; . i i i i i i i i i i Ave. ~ :t Woolbright Rd en Q) ~ I/) Vl Q) .... . i ; z : 0 f._. (") CD II) -..- ~ : ~ , - . < . a. .. .... ~ 19 ~ ~ 19 oS CI) ..-;. ':--' ~.Ari c:: o <..> CJ') "'C I..J~ en ~ <) l'll Q) en 0.5 o 1 Miles . "0 :> iii c:: III Q) <) o C/) N ^ Map 2-1 City of Boynton Beach Public Transportation Facilities . ! -: ..~ I ,. -..-..-. .-..-..-..- ..-.. ! ! i ! ! i.~ .-. .-..-..-..-..-..-..-..-..-.. Hy oluxo Rd == J: Q) 'x is en i i . . i.i !U i =- ~._, I n! j "0 a::: -'" o o ~ > o I I ..... -..-... ! \....t1 ~ ! . U II . ! g -..-.! . Q) I .... . == ....1 ~ r..-..i i i Miner Rd :-. Gatew Blvd @ / .. Ii 1l " ff "0 .2: m c <ll Q) u o en! fJ if 0'/ ~. i I -.. . I I . : i r..' : ~ L._n! .-...... . / r..-.. . . ! i --..-11 7"' H I; ~ ry: Old Boyn on Rd Legend . Tri-Rail Station ,"'i".j~. Tri-Rail ..... South Trolley Route ! North Trolley Route ! I - PalmTran Routes : Q) ~ ~ ~ c:: o <.) en N Ii !/ J/ fi If If Ii II Ii I' ff 1/ " i/ -0 t+ ... !+ .l--.. co ;,'1 ~,;. II os Ii ,r'.,,\ Ii I" ._.._~f tf ,/.~: . 0,5 o 1 Mil,,'; Map 2-2 City of Boynton Beach Future 2018 BIKEWAYS, BLUEWAYS & GREENWAYS iE ~ ~ ~ en r- i =- Hypoluxo Rd i ; : : "t:J c::: "'" o o ;::: Q) > o >, ~ J: Q) 'x Ci en --., "C .-..-: i \'~'1.c::: f : Ct' ~ Miner Rd i ~ .._, 3 f ,.-..- i i ,- I :-..- = I L.......: r"-= : i I " :-, i l =-..-: .._... I Gatew " "t:J > co c: l'Il Q) (J o en ,-.. ! Q) > ! <( <Il i <Il ~ U Z " L" tJ ! ! ! ! Q) i > ::::s==' .., f!! i c: 0 i u en SW 23rd Ave Boynton Be Woolbrigh Rd Golf Rd ,................- 1lii.t " i . :... ..i I 't. ~""._~ .... . -. N A L1 --..-..-..-..-..-..-..-..-..-.. Legend 0.5 o 1 Miles . - BIKEWAY - BLUEWAY -- GREENWAY Map 2.3 Legend City of Boynton Beach Thoroughfare Maintenance Responsibility ~A'lII~.'~"'."'.:-:-i"':._":~lIlf~;~~."~'?~rw::.;!l~~,:,,,~ i'~~~' -0;:' :: : 0:: ~ ! ! !:: D ~ . 14lol'! I .U,," : ~ 'C~: I . !~: : i~.-"I ~S:,--~ I :_u_'= (Ii. . co f;, "tl. ,:I - E, :... -.J - ~..... . f : :: ~ ! r., ..-..-.. Q.) w, ...;., . :. ~.. ! Q),: = -:', I 'I! "'1} ..-t._.....L ~~~~rr\ ~d ,.:" ;; " t U H o,:Q! i r, ,'ni~~ 1:J ~Jti" ~- I. i' ~ K " - . .. IfC I : 0::: ,.... .:::: ....... Q)"" i! ~:: ..........-..-..- .1 u~ : I '. ... "" --: . c :, ... :::c =' i-"-' ~: !".., i::: .......;...,..ii'..~ateway B/vi i ~ ffi=' ~ .._..~ ,> ... :: ...iII,..........,.. : I ....J;._....: j' Bl d'" :# .. =. datewav tttW .1In:ia,t~~~ .. . ~.. ....... :#" ~ i .~{'lj~-lltj;;~~I' . 0" = ""'. ~_. i rn_. i" = x= i : I : .. = -=: l._....; I lit FE:: I : ~ ~ I. I ~~- : .:-:. (1)-. : .._.._ Q)"" :: -o~, I.J...: .1 I >w ......2:.. ..".. . : <(: - co::': ~- . I~:: 5 V)~..._...; i I~:: .. ~~" - : : rn: :: t).. . r::j' 'i ~~ Boynton:~iffM\1~1.1I.,~~&ltLvej :.illl III II Hili!, II 11 III nt1 i :::~ ;,......!"J1.1I116 ! 0""' ~ ~tn -0 __i= : .... -- >.. (f).- · -1 . 1110) m : - : . . :S" t;~..c 01 Ii , . . ..... .........,........ - . I ~ ~(f) _<0 CIl- ~I- ; i ; ~ -,_<J1 ~; ~ ~.; : .. . ~ CO'.,,:i · i" ;0 Q)~,....: : m: ~5- (j);;. i.".. ~~ Woolbright R,,~ ;-~ n: 1 ~ A~n i ~':'1 ~~' I >:: : . 0; :i:- · i c., ~ I: i z : 0:;: SW rdAve <. --: ! 0: n ~.'d",,,, 'i~ ......,.0 i. r.lH.' ~ - ~- iiIi~ . ~ Q)~ ~ !. I ~~ r-"~ "-: ~ .: <" ..j ~ _! 0- I ~ t!:.-,~ _.._..-rI' JI. .. p..-..-..-..-..-.. ... l.t)E (~;::..,I"':J ii' -mi. lJ.:If . g~ ~* Cl.>~;'; ~I .._.,..-..-----$ : C/J~ ".t:.. : jr~\j ~ ~~ i.._.._.. _.._.._.._.._.._.. -..-.......-...... Maintenance Authority CITY 111I11I. STATE COUNTY 4ft N A 0.5 o 1 Miles Map 2-4 City of Boynton Beach Thoroughfare System Number of Lanes "0 0:: .. :u !ffi ~ co ....J "'1"] ..-., ; ''''1)..-. i Miner Rd i. .-..-. r--.. i...'! i : i . · ,....-.. ....: i j =. ..-..~ clateway Bi~"-" date ......... - l . : "._...1 . I : ! :"...-J ! i .,-..... ! ! ! Legend LANES 2 3 I ..-..rl r" ! L._ 4 ....! ! ! !~ i - ,j ..-..-..-..-..-..-..-..-" 6 10 'oJ_! '-..-..-..-..-..-..-..-..-..-.. . -1"-1.. ineiRd ~,., _. a.-._.. . i i ..----..-..-..-r ! i i i i i ; . i i i i i Ave! ,,,,,,_.,..,,,,..,,...-., --...." i i i i i i i ~ i J: ; Z :...._~ ~ ;.i~ ~ r..-.\.d1 I - : a .J r:r i' : ;--, I . . :l = ,.- . ! . ; i . . ~~_...... Q) ~ III III Q) ... 0 () z z ~ .- CD 0 .... III .- III .- CD c.P C11 Q) ~ Woolbright Rd III Q) ... c: o () .......en /11 .$ Jg ~ .$ ..s ..-.,..- ... - CI) t, ~. (''\i J 0.5 "0 > iD iii Q) ... u co Q) en "0 > iD - III Q) ... u co Q) en en ~ J: ~ Q) "0 Q) L.L.. 2 ro ^..,.~.;-......",...J..;o-<:. Q) "0 Q) lJ.. rt) N A o 1 Miles Map 2-5 City of Boynton Beach Public Transit Attractors/Generators ! :"W) i :... ..-..-.. I' - I i 1~L.._.~iner Rd : Q) I (,) I'''~ :_.. c . I ~ . i (._uJ ~ ,J i . -J L :-..-. !-~.._... i i ..-~ ".,~rt~,!~~~~ I .-..- . : i ! I . . s..-.....: ! ! .-...... ! ! ! Q) > <:( C/) C/) tJ) .... ~ C> c: o U Z Wool right Rd Q) > <:( C/) Golf Rd i '1 :- .-..-..-..-..-..-.._.._..1 -: ,..-..-..-.. -..-..-..-..-..-..-..-..-.. 1 Boynton Beach City Hall Complex 2 Bethesda Memorial Hospital 3 Boynton Beach Senior Center 4 Boynton Beach Mall 5 Boynton Town Center 6 Wal-Mart 7 Boynton Plaza 8 Catalina Center I : : -...,....-s .-.... . I.. ! i "0 ~ co "0 a::: ~ o .g ~ ~ x o Q) i 6 L.....r.Q..._.._.., i i j j i 1 1 1 i 1 1 ; e: en Q) .... (,) C1l Q) (/) z E Gateway Blvd rJ ; I! . f; ; ... . ,r:' . [Ii I I' : M3! :1 ! ~ ; "i i >-, . ~lli ! d A :r: "~ .1 r ve Cid ill ~ -._"",,,~,~' ..._ :(",2 pi' ~ f 1I"~j'; ,f L~. ".... ~, . (/)wi! ~r i ~~r" ~'i.I':' ~~., ,:z:-.. ~,F- ~ I.i.. ~ W BOy~n Sea ,"" ,"';.F'."..,.,,,.;c;,,~"',,,_/C' Blvd "0. >" --..'.!!rt. ; +-' e:~ ~ .,.~.. ." b ,T r<' C1l ,.I .~ "0 ~ co en Q) t; C1l Q) (/) (/) . ~. "0 Q) IJ.. Z 0.5 o f I "0 > ii5 c: C1l Q) (,) o (/) N A 1 Miles Map 2-6 City of Boynton Beach Hurricane Evacuation Routes ~ J: Q) '0 'x 0:: is ~ en o "t: Q) > o '0 > iO <= l\l Q) o o en Bo nton Be Golf Rd ~ ~ N A . Legend 0,5 o 1 Miles - East-West Routes = Interstate 95 - North-South Routes ^ E Sh It V mergency e ers Map 2-7 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Conservation Element Goals, Objectives and Policies Goal4 The development and maintenance of a high quality natural environment based JJ!Ii:._ the preservation, improvement and wise explailKtio7t of local existing natural resources. ff- "",.-' ~ Objective 4.1 Through the two plannin~~1Bt.s, meef ~ pxceed minimum air quality standards for re~dzed- air polluta~ - - - ~ - ----- - - - Measurability: Reduction in the leve1s a~ poll~!s found th~'l.lW:=air qualihj monitoring reports. .. 7" ~- _:"i:'!? .:::,:;,...~ . " Policy 4.1.1 The City shalIT~oonue to suppotr"he air quality monitoring and pollution con s of th~:rn;.. Beach County Public Health Unit, DiV1!!on ~onmen~ience and Engineering AiLiWlution Con~: .7 -=::::..:-- ~'.,~'" ~,~ ".'--,' ..:=' ----. "="" .=" Policy 4.12 he Ci~all contin% with the' cooperation of the State, County - ~ - . 'RIMel FedTl regional ~l!ltory authorities to require pollution c~~l ~p~ on all ma@point sources of air pollution which are -._loCa1i~lthm .~Sl~y_- :- ~,-" '------ ~ -, ~ -, - ~ugh .,~ th~ City shall maintain ground water quality equal to ~bette~ existing levels for recognized pollutants and · .. . con.e, apPfopriately use and protect the quality and quantity · . ...~..... of grtnd water. Measurability: ..... ,Redz.tiiion in the levels of recognized pollutants determined through nd water monitoring. Policy 4.2.1 The City shall continue to participate in all areawide wellfield protection and regulatory activities of Palm Beach County, Policy 4.2.2 The City shall develop a procedure to standardize the review of all local users of potential water contaminants by the appropriate County or State regulatory agencies. City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-1 Date: October 31, 2007 Conservation Element Policy 4.2.3: Policy 4.2.4 Policy 4.2.5 Objective 4.3 Measurability: Policy 4.3.1 The City shall continue to require sanitary sewer wastewater collection and disposal as a condition of project and permit approval and water service. The City shall continue to review and, where necessary, require review and approval of occupational licenses for those businesses categorized as users of potential groundwater contaminants. - - - The City shall continue to enforce l~~opment regulations to be consistent with the requireme~ the Treasure Coast Regional Planning Council relative to thiiliana~ent of hazardous wastes to protect natural resourr-4 ~ sublii~LiDg each project for evaluation by the CitY..4?Ri1le Manage1i~!H'l: Officer prior to permitting. =- _ .. ~. . ..' "'::'.. -.,...:;. - - ~' Through 2018 the City Shdll nla~in-~ local stor:tl!\\rater quality equal to or b_etter than existiiiilevels for recogrifzed pollutants and conserv~ropriately un Iilnd protect the quality and quantity of watg'1 dllat flow into t1i~ I (Itras,oastal Waterway. - ~. --.. - ~ -----, --- Reduction in the ~els oJ:i!iil.!:!.1:ants ti.t:iihnined through stormwater - - ~.. ...... ~~ :.~. v..--=- ~. . --=. -;;- '::F" - ~ -- - - - .... ~e City ~all continu~ enforce and, where appropriate, improve . ~~~hciivisi.!i! regulations:;. tQ. require all new development or SU~~dl"'"iTelopme!f1:o provide on-site retention or detention of at h\..~ the fIrst ~~f rainfall. ----, ~ - -=- -=- ilir City ;iiUn armtinue to support the water quality regulatory pro~ of ~State of Florida, Palm Beach County and the South FlOri' Water Management District. The ffity shall continue to promote and participate ill periodic -:;~de waterway clean-up programs. -The City shall continue to evaluate the street sweeping program every two years for needed improvements to efficiency, quality and capital improvements to be based upon technology and economic feasibility. The City shall continue to stay apprised of continued advances in street sweeping technology with regard to feasible and effective mechanisms to remove roadway contaminants; in the event that the technology emerges, the City shall consider the individual or shared purchase of the machinery. - - - - - - - P~3.2 Policy 4.3.4: Policy 4.3.5: City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-2 Date: October 31, 2007 Conservation Element Policy 4.3.6 The City shall support widening of the Boynton Inlet with the intent to increase flushing and minimize the accumulation of sediments and pollutants. Policy 4.3.7 The City shall continue to enforce subdivision regulations which require the channelization of stormwater runoff through vegetation prior to entering a receiving water body. -, Policy 4.3.8 The City shall continue to enforce l~evalopment regulations to protect and conserve the naby!~illJnctions of existing soils, fisheries, floodplains, wildlife ~ats, ",ntnral reservations, canals, lakes, rivers, wetlands, estl.1.iliJe.s~arborS~, :~shwater beaches and shores and marine habita~ -"'c - '>> - - -- ~ -- ~ - --: ~ - Objective 4.4 Through the long tE!fm :~nning ~rizon the 'all reduce levels of wastewater pollu~.k f~into ocea~aters. ~- - Measurability: Cessation of w ter discJw:rge iflfi'Al'treanic waters. , - -,'. - ~~. ",',', e Policy 4.4.1 By December 20i8 t~hall incr~e capacity of its reuse distribution syste~to 8 ~d p~ipate in the expansion of tlte.~nal Waste-_ - aci~:euse Water Treatment system ..=to incr~ the pIa __ genera~ to 100% of capacity thereby -:E.~ducing~e discharg~ wastewater to the Atlantic Ocean during ~~'weatJi!r~~'d ~, - ~ -. - ~, ~ -, ....' D~~ber 20U~:ty shall participate in the development of a we~ction facility at the Regional Plant thereby ceasing the '--=- di~rge ~"""astewater effluent to the Atlantic Ocean during ".' , wetl:ather.=...... Objective 4:!a:::. To pevide for the continued existence of at least 25% of the " >, acreJit occupied by II A" rated ecosystems sites through the long ~plan horizon. Measurability: ":"Number of acres of "A" rated ecosystem sites retained. Policy 4.5.1 The City shall continue to recognize all natural resource areas depicted on the Natural Resources Map as environmentally sensitive sites. The City shall also continue to apply the "Conservation Overlay" to" A" rated ecosystems sites as part of the Future Land Use Map of the Comprehensive Plan. City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-3 Date: October 31, 2007 Conservation Element The City shall continue to require a detailed flora and fauna survey on any "A" rated site subject to a development proposal and any site greater than 10 acres in size. The C~hall require preservation of a minimum 25 % of all native pla:I1.lSi5IIUm.lnities which occur on an "A" rated ecosystems site the ~ location to be determined as a result of the site survey. H@ifat sfl~U..be preserved with intact canopy, understory and gro1&.. ~er. . ~.-. ~ .-.-- _. ~ ~ "":'" - The City shall continu~enforce ~nd developu~fmt regulations to prohibit land clearm.g~ctices l!:bat destroy ~ , ,. ~1iFe Florida ecosystems in whole or in p~~ rr~o permitting bj?the City. ~ ~ - - The City s:liE continue to ~Hf.orce policies regarding the preservation o5..1~tl~;re. habitat aiil!...L.ndpgered or threatened species and thes~o~ also ap~o any property which is ~oracqUire~~~:", .: ~.....---. - - ---- Objective 4.6 ..=ifhe Ci%shall, to ,,!e maxi~ extent feasible, protect all - -:i5Jllainin'i areas of ~bstantial native upland and wetland v.etatiQiL.... including ~~oves, and eliminate undesirable ex~ee.'&IIl~s. '_~ --.-,.. ~ ~ ~Imber Ct)~Hf;i,(eS of upland and wetland vegetation, including mangroves, riliii:tained.-=-" -= - ----... "=-- .... ---... -- ~ -- - -- --=... -- Policy 4.G;i'~ : . The Cijy shaif continue to require a detailed flora and fauna survey _ on ~ "B" or "c" rated site subject to a development proposal ~w~s greater than 10 acres. ~e City shall modify and enforce regulations such that outright ~preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over "cut and replace" preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due to site layout needs with replacement equal to or greater in size and quality to that removed. Policy 4.5.2 Policy 4.5.3 Policy 4.5.4 Policy 4.5.5 -. Me~~lity: Policy 4.6.2 Policy 4.6.3: The City shall continue to maintain the City's inventory of sensitive ecosystems and formally request assistance and financial support from State and County agencies to preserve "A" rated ecosystems sites in the City. The City shall continue to enforce and, where appropriate, improve upon existing subdivision or other development regulations which City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-4 Date: October 31, 2007 Conservation Element - _.~ Measurability: Number of acres o~~rved purs the objective. Policy 4.7.1: shall cQIltiiiiie ~ce the land development .::::regula _ requirinW:i: site surve;r for natural areas identified on _~e City'~atural Res'&rces Map which are greater than 10 acres. ua:~e ~nt that a ... ...;survey indicates the existence of a rep~Hbl[l~i~~plant or ~al species designated as endangered or _- ~ea~~d on. Feei~ State or Florida Committee on Rare and - .......-- ......-..'~ _-:- - ange"~d Plants and Animals lists, the developer shall prepare a ::=-' . .. ... p '~ in~$111+ation with the Florida Fish and Wildlife CoiiSBvation3Eommission and the u.s. Fish and Wildlife service -..;, - _ for i5i>tecting the resident population. Preservation should be _ provi5d to the satisfaction of the City in consultation with the " ..,>.."Fed~ and State agencies. Policy 4.7.2: ~~ City shall support and monitor the progress of the Lake Worth Lagoon Manq,gement Plan, and implement the modification of plan policies in accordance with relevant study findings related to manatee protection. Policy 4.6.4: Policy 4.6.5: Objective 4.7 Policy 4.7.3 require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. The City shall continue, while discouraging clear-cutting prior to development, to enforce regulations that require removal of exotic tree species on sites being developed, particularly those sites containing sensitive ecosystems rated "flit.:... -, The City shall continue to em&e. the land development regulations that require native ~ _. Wise vegetation species to satisfy at least 50% of a~~lands . g requirements as a condition of developmen~permi1 approvalr~::', --...... ..~' - -.. - " - - -" ~ The City shall con~o the mi:1Ximum e~l:Pasible, to preserve, conserve, appr~~el)S.~'se-~nd protectEflIsheries, and wildlife and marine hab:ffiiiiE"' which serve as habitat for _. - endangered a--..threatened pIa d animal species. The City shall require continued consistency of all policies and City actions with the Lake Worth Lagoon Management Plan and require policies which may further the plan. 4-5 Date: October 31, 2007 Conservation Element City of Boynton Beach EAR-based Comprehensive Plan Amendments Objective 4.8 The City shall continue to consider a variety of options to implement potable water conservation such as rate structure, aquifer storage and recovery, education and reuse to reduce per capita water consumption rates to at least 175 gpcd annual daily average by 2013. Measurability: Reduction in per capita water consumption rates consistent with the objective. ..:::'" -,. ~ Policy 4.8.1 The City (reuse water to replace ~wiIi,water for irrigation) Policy 4.8.1 The City shall continue to B:!2.1ie.te wa~\t('onservation strategies through the use of edu~~ 5rochureS~D.d presentations to students and interested $zens gr~ups. .... ---=- ~ .". ....... ~ -~, - ----.. ._- , Policy 4.8.2 The City shall continue its~~""t:'en~~am for parL~iJation in the Water Resource Conservati~corniiuttee of fife Palm Beach - County WateaJanagement Adv15~"f Board. -==-.... --- -:..~ . -, Policy 4.8.3 The City shall c<%.tin~t{) examine ~bility of implementing at least one W ater~ise L~8'-d~onstration project. -=--- ;. ~ -----...- ------... - ......... '---" Policy 4.8.4 .:#he C~ shall c~dinate ~ the South Florida Water ... ~1anage~lt Districi%. to obtain Water Wise Landscaping matiin for public ~tabution for use in the site plan review pr a:lj(~ ::;I~l[lcarporate.Jlie information in the land development -- ~ ~gu ~ ',-=- P~.5 IF1ji'oCity shai cQRtinue to require that at least 50% of all required site ~etatio~ taken from the desired vegetation species listings as a C!-ditioifOf development or permit approval. Policy 4.8.6 .... The $..ity shall continue to implement water shortage use ~esPictions in accordance with the requirements of the South ~orida Water Management District Water Shortage Plan. Objective 4.9 Measurability: Policy 4.9.1 The City shall continue to minimize the potential damage from flooding and the loss of local soil resources. Number of development orders or permits issued consistent with the objective, The City shall continue to enforce minimum finished floor flood elevation criteria as identified by the Federal Flood Insurance Administration. City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-6 Date: October 31, 2007 Conservation Element Policy 4.9.2 The City shall continue to enforce local drainage system requirements and flood control policies as specified in the Drainage Sub-Element of the Comprehensive Plan. Policy 4.9.4 The City shall support the timely maintenance of regional drainage system features including structure repairs and replacement and maintenance of dredging of drainage~als by the responsible governing agency. . _". . ~ The City shall continue to e~ lafii.=::development regulations such that during site cleari~~evelofS~~nt preparation stages, erosion control fencing~i1 ~oisturizin3; ieeding, mulching and/ or other best m~ment tegmiques miii't1;>e performed by the developer to cont151 ~rosionb.. . /<.. ..-:;?: ---... -, - - _7 ~ ,~,' Policy 4.9.3 --- -- - - ~ ~ -,~ _.'- _.'~ - .- - ._~ - - - - _ ...;- _. - - - _ .i. - ._- - ~--, - ".,- --...""" - --,' "" - - - ._, _.- - - -"..---" -..,.. ...... -.. - - ~ --.., -" - ' - -., - - - .- -- _""fi'_ _I> ~ - - - - - - - - - -, - - - - .- - -.-- - - - - - - - - _. - - - - - - - - - - - - - - - - - - _. _..- - - - - -- - -, .__w - - - - - - -- - - - - - - - _. - - - - - - - - - -- --- - ~- -- - - - '- - - - - City of Boynton Beach EAR-based Comprehensive Plan Amendments 4-7 Date: October 31, 2007 Conservation Element City of Boynton Beach-- 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Utilities Element Goals, Objectives, and Policies Sanitary Sewer Sub-Element The City of Boynton Beach ~J secure adequate capacity for treatment and poled of wastewater, install and maintain adequ ewater collection and transmission facilities~ ~ke~JqJs to minimize wastewater flows, an~Cfl;uft1.in suJJJi~nt and equitable financing to prov~ serviclls for the tftJ:nitary sewer system's customefS. .... .', .". · .. ... ,-' ~.. _.:...- - - ,-' - .......-... - "~"~ .::::.:7 --..~ .- Under the a,!lspices of the iiiitrlocal agreement, the City of Boynton BeaaE~ll seek to secft'l~ reserve capacity at the South Central Regiorii1. :Mwewater Trect8ent and Disposal Facilities that is adequat~to H. \'. .. the City~-;ds through buildout. Build-out flows aii. estiI~be ufS million gallons per day, :!!..~ on a M~is. ~- - -- - --- .:= ~ :- ~ --..' - -, - ~, - - - Measurability: _ ," 'r'1crease iiijapacity rese~ by the City. - = ~ -, =. ":.,,""':':' - ~ - Policy 3A.1.1-.. The '<=i. tai~9:be adopted Level of Service Standard =::.based ~f\:' the pro .' of service at a level equal to at least 100 . ~~]ons ~~apita per-day maximum month average daily flow for p~~ popufi:iti+n; ~ .......--. - - - - -,- - ~ The <ij;y wiif continue to coordinate and renegotiate the existing agre -ent with the South Central Regional Wastewater Treatment .> and lsposal Board to secure wastewater treatment and disposal ~ity equal to the flows estimated in the City's wastewater ~aster plan every 5-years, or as often as necessary. Goal 3A Objective 3A.l - - -- - - - -. -, _.--, ..... - - Policy 3RJi;~,,; Policy 3A.1.3 Policy 3A.1.4 The City shall permit development with individual septic tanks only in areas not served by City sewer for densities of 1 dwelling unit per acre or less. The City shall continue to participate in and support the State's policy to eliminate the discharge of inadequately treated wastewater into the waters of the state. 3-1 Date: Utilities Element Ordinance No, City of Boynton Beach EAR-based Plan Amendments Amendments 08- Policy 3A.1.5 By December 2008 the City shall increase the capacity of its reuse distribution system to 8 MGD, and participate in the expansion of the Regional Wastewater Facility's Reuse Water Treatment system to increase the plant's generation to 100% of capacity thereby reducing the discharge of wastewater to the Atlantic Ocean during dry weather.. Policy 3A.1.6 By December 2008 the city shall partic~ the development of a deep well injection facility at the Re~al PI1nt thereby ceasing the discharge of all wastewater efflu~o ~e Atlantic Ocean during wet weather. . 4jf' .~ - - ---.. --=- ~. ~ --~. -:- -..... Objective 3A.2 The City Of Boynton B#h will provide a~ate and efficient collection and tra~sion ~rvices to *'esidential and non-residential cust6mer,1 poth ilside and ~ the City limits, adequate to meet fl~c~ in the C~ wastewater master plan. ..:0... . .. - - --.. - - -.-... ~ ... Measurability: Improvements to~tion and tran_~siQlJ. systems consistent with the objective. ~. '.. .. . =-. ":.. - --- ~ ~~ "'."':'" Policy 3A.2.1 ~u:: ~shall size~~ collecf'i&;="and transmission facilities to ~eet bdit10ut condiions, and::$1nclude known redevelopment --- -- - ~.~,ns. == ~ --.. - ~.... --- -=-- -- ,- ----- -=- Policy 3A.~ Th ~H!~tinu~to implement an annual maintenance ff^. ~ogra= that willra&ttify and prioritize system needs for renewal, ; ~~cem~ and betterment. Capital improvements considered ~ ne1l~ary t~i:ain the system in good working condition will be .. ma1n a ~y basis. Policy 3A.2.3 , :. The CjJy shall update the master plan for facility expansion on a 5- . .. ye~sis, based upon development and growth. Policy 3A.2.4 Policy 3A.2.5 ~e City shall require that approved new developments will install sewer lines according to City specifications in order to receive development approval. The new lines will, in most cases, be deeded to the City. The City shall continue to require that new development will pay for its fair share of existing or planned capital facilities through a connection charge system. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-2 Date: Utilities Element Ordinance No. The City shall maintain the Level of ~ervice Standard for the existing water and wastewater servi~~a. The average annual daily flow of wastewater deliver -or tfeatment to the South Central Wastewater Treatment. . I not exceed 70% of the average annual daily flow of ~~ed w~}eaving the City's water treatment plant, adjusted~~IGe area . ences. The City shall con:"" 0 monitor infiltra1t~ and inflow to determine rates and IDea Whe~onomicall~sfble, system improvements will be made_e tHese levels. .:';:::" The City shall~ ue to seek op~1:tunities within the City limits ~our;~:es.irriga _ .~astevv.""if'cL ..effluent for irrigation -..-. -- -"- _. - _......... Objective 3A.4 ~~ of BoynilJ~each :~!I;:fund sanitary sewer system . =capital _proveme~ replacelhent and rehabilitation, and . .' .. '@i:eratio.l~nd mainteiilnce costs such that these costs are borne sto~s of the sysTn the basis of the cost-of-service. - ~ .' . ' 'P!Jumbef l:Jtt sanitary-sRl7er capital improvements projects financed with t'm'e:rprise~s. -- ...... ~ ''''~ ~'.' ~,.', ....... Policy ~:4.~ . .. ~;::tt ~f.e:~~ ~eb~:t~ ~~~; :~::~:e:, :~~:~~~::; _ willlii used for the benefit of those customers. The rate schedule ,,'. .... . for ~tary sewer services will be based on public utility 70f-service principles. Objective 3A.3 Measurability: Policy 3A.3.1 Policy 3A.3.2 Policy 3A.3.3 Meas:,!tJi!!lty: · Policy 3A.4.2 Policy 3A.4.3 The City of Boynton Beach will minimize wastewater influent resulting from infiltration and inflow; and will conserve potable water by utilizing irrigation quality effluent where practicable. Number of improvements to the system consistent with the objective. The City shall require that costs for the extension of service to new customers will be borne to the maximum extent possible by these new customers through a Capital Facilities Charge system. The City shall establish a reserve fund for routine system renewal and replacement to be maintained at a level equal $1,000,000 for water, wastewater and stormwater, or at the level required by bond covenants, whichever is greater. 3-3 Date: Utilities Element Ordinance No, City of Boynton Beach EAR-based Plan Amendments Amendments 08- Objective 3A.5 The City will prevent urban sprawl by requiring orderly, compact development of the sanitary sewer service area. Measurability: Expansion of the system only when consistent with the objective. Policy 3A.5.1 The City will encourage infill development and redevelopment ~a~~ti~. areas presentiy served a:~~::: by sanitary sewer Policy 3A.5.2 The City will extend sanitary s~.L ~~j;j1ities through the service area in a systematic fashion. ~~ces ~~e extended outside the City municipal limits up to ..!iii~, as ne~, in order to provide urban services within th#y's ffanchise area ... . ~ - ~ ~ ___c. Policy 3A.5.3 The City will discourage~brliian sp~l by requir. approved new development to pay tfi~Jl4ifst ~ extendin anitary sewer facilities. ThuAJhe developme:t1th!fremote parts o(the service area will be more e~ve than CompAlf't rJevelopment. -, ----.. --.. ~,- , ----, ~ ~ Objective 3A.6 The program to ~im~sting d~lencies according to the caWYL improveii!nt #t~ ,presented in the Capital .Bnpr&\.._uents Ele~hall belpntained. ~ ---, :. ~' - - -- - ~ :. Measurability: - :;;~lmber o~rojects in t~apital Improvements Schedule consistent with ~ecti.ii&-. . ~- - . ~ -, - - .-.""" POli__C~.1. ~e ~, shall. _ established priorities for replacement, ~!i.\necting \'J:!iif:ting deficiencies, and providing for future needs. The "':""' ~ ne shall 01: tlPlermined by the Utilities Department through a · . mas _ pla~g process. The priorities shall be reflected in the .. . Capit'l Improvements Element such that the improvements needed · .... first ~ll be implemented first. Issues related to public health shall .. . .. rec~ first priority, issues related to providing the adopted level ~rvice shall receive second priority, and all other issues shall be ~lplemented as needed to keep the system operationally efficient. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-4 Date: Utilities Element Ordinance No. Stormwater Management Sub-Element Goal 3B The City of Boynton Beach will secure, maintain, and finance adequate stonnwater drainage facilities to provide protection from flooding to prevent degradation of the quality of receiving waters, and to meet the requirements of designated land ~~ - -..~ ..._- -, Objective 3B.l The City of Boynton Beach wil!#"liillue to require and enforce standards of the South Flori~ atef~anagement District and the Lake Worth Drainage l::lBk~such t1iii::sufficient stormwater drainage facilities to a.!ilfess~e~sting ~~jencies, minimize damage to public a~private -:property, p8.pct surface and groundwater quality"~anti~and meet M:1~needs are constructed and maintaineil iJ,l' t~i~limits. ,.=: ". .~.~~ "- - Measurability: Number of sto-''ll1ater drainage Ju~ improvements made consistent with the objectiv~- '. ............. ~ ------- . ......', ~ - - ,..;'-' -'~ ~ - - -- - -- ~ Policy 3B.l.1 The,..fity shall enfirce t~ . ,ed ~~el of Service Standard for si!~facilities ~g - for a 3-year storm for the ..a!uratio)!l:~f the time C5B:oncentra' of the watershed. ~ ~ -""'""'" --..... ~: _. ...=:.., ~ ":.. - - - - Policy 3B.l.2~Ci~Eshall constru~aew stormwater drainage facilities to elin~te . ~~a~i8ncie~ ..~ the existing system-if they become _ ~ces~:~. Facmfm~Jtl projects needed will be specified in the ~ · !$Eormwbasin plans. PolicY'~3 .....~.~.... ~:~=;dns requi~i~~ti~~: ~ro~:~~ce o/h:d~~~~te d:;~;~;:~:: _. drain~e facilities in all land use and zoning decisions. . ... . 1 new development must meet South Florida Water ~" Management District and Lake Worth Draiage District, or City - of Boynton Beach requirements for drainage facilities, whichever is more stringent. . First floor flooding will be minimized by requiring that first floor elevations be set at, or above, the level of the 100 Year Flood Elevation. Policy 3B.l.4 The City shall continue to maintain stormwater drainage plans for the various stormwater basins to identify and prioritize needs for City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-5 Date: Utilities Element Ordinance No_ Policy 3B.l.5 Policy 3B.l.6 Policy 3B.l.7 Policy 3B.l.8 Policy 3B.l.9 Policy 3B.l.l0 -. - - - - - - - - - - -- P~licy ~ 11 .. Policy 3B.l.12 Objective 3B.2 expansian, replacement, and improvement to the stormwater system in the City. The City will continue to caardinate with the Lake Warth Drainage District, the Sauth Flarida Water Management District and Palm Beach County, as apprapriate, an starmwater planning and management issues. ..::,:::':""':.. The City shall cansider that drainaG praBlems that cause street flaading, first floor structure fl~iJ:~) nr traffic hazards will be priarity projects and will be _ t'e!rected ~ hu. soan as funds became - - - available. _.._--:- _ ~ ..... . -- -- - - - - _. - ...::" - The City shall not cOIJ...~uisanGE1..flaading as problem. -..;- ~ The City sh~cantinue to pf&.~;de a regular program of street cleaning. ~. _ __ . ;~. -=-.. ~ - ~- - '-'- The City shall c~tin~ean mis~aneaus facilities such as ap~tches an an~ n~ _::"' .,;;;;;;;- --- ":....=- -=-- ~..--.... ~ ::::" ~rainag~~cilities avJied by theSauth Flarida Water Management - ~i~trict, ~e Worth ~a~age District, Florida Department of 1~8;;'~pO~01l.,. ar Palm~ch Caunty that are in the City shall canB.ntte fb ~~ . nui"tainEii' by the entity that awns them. The City ~l i.iiEW:at and cooperate with these entities as they repair or ~II!IM~-1l.tain ~ str2ctures in the City. --. --...- - - - - - - The ~ity s~ cansider priorities for replacement, carrecting existiij deficiencies, and providing for future needs. The need shall be dE8rmined by the City thraugh a starmwater basin planning · preps. The priarities shall be reflected in the Capital Improvments ~tent such that the impravements of highest priarity shall be ~plemented first, in arder to' provide for public health and safety; the adapted level of service, and aperatianal efficiency. ;'!P' drainage The City shall cantinue to' implement the strategies of the starmwater basin plans. The City of Boynton Beach will protect the quality and quantity of surface water and groundwater from direct discharges of stormwater runoff. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-6 Date: Utilities Element Ordinance No. - "",,",' The City shall continue to monitor ~rain1:ge charge system fees to ensure that new approved de~.?~nt will pay its fair share of existing or planned capitat ~ilitie1j ~i~ accordance with the Stormwater Basin Plans. ...... ...... ~.:::> . ........ -:.. ..::".... The City shall COl1~~ to eJ::liorce the lea. development regulations requiring t ainw~", runoff be~mized by maximizing infiltration by p --n m.to grassy ~ales, medians, golf courses, ISDdscape areas, n~.~ries, parks, lawns, et cetera. _.. - _. - --..... ....... '. The City sha _ e to e~ jpe land development regulations requii!:tg ~n drairli35e used to alleviate small _ dr. e proble"\..!'"~veloped areas whenever Cit)g shall con~e to enforce the land development ti~requiring th~l new development plans must have app . .exemption from the South Florida Water . ....Mana ... nt Distr~d Lake Worth Drainage District. TIi6~ity - ':'" continue to enforce the land development . .. re~ons r~quiring that all new development will have approved _ detailii construction plans that include drainage facilities and , ... ... .... ide~ all nearby areas of groundwater recharge. Policy 3B.2.7 . .: ~ City shall continue to enforce the land development ~gulations requiring that retention and/ or detention in new developments will conform to the water quality requirements of Chapter 62-25, Florida Administrative Code. Measurability: Policy 3B.2.1 Policy 3B.2.2 Policy 3B.2.3 Policy 3B.2.4 Policy 3B.2.5 P Policy 3B.2.8 Number of improvement projects to prevent direct discharges of stormwater runoff The City shall continue to meet land development regulations requiring water quality criteria for drainage discharge set by the South Florida Water Management District and Lake Worth Drainage District. The City shall continue to enforce the land development regulations requiring that the stormwater storage and recharge potential of properties shall be retained and enhanced, where possible,. 3-7 Date: Utilities Element Ordinance No. City of Boynton Beach EAR-based Plan Amendments Amendments 08- - - -'_. -. -- Number of infill development and Avelopment projects approved consistent with the objective. :::.;::;:;"..... The City shall continu~~orce ~~. land development regulations maintaining ~ormwater chargt::~~stem so that new development will pa~ its fa~ share of ex:Sting 9r planned capital facilities in accord~ with t~ Stormwate~Plans. .......... -- - -- ~ ~, ,'~ .-----.. - The stormw~ drainage regitfijiQns contained in~ the City's land development ~ shall provia~: for protection of the City's natural draina~~s, which -.e . the Atlantic ocean, the Intracoastal Wa~a~ake W<:igJl.; and shall ensure that fubIB.... developm~ U~jtnT~ter management systems ~h~e with th~ s storUl'Wllter management sub-element. =-: '- : =-- - - ...... ~ -., - -=.. Measurability: -:,,~mber 'j" developmeFll.. orders or building permits denied for znr;Q~~sistf'4':liJiiJl-with the obj~ri: _. ",.. - - - I< -., - POli_C_~=4. I The rib:; shall. ~nue to enforce the land development ~~atio"~~fPquiring that new developments manage runoff from _ _ a fliite day~ storm. - -.- - -- - -- ','. , ~- Potable Wih:r sub-Elem' '".:"' Goal3C .... . Th~i"ty shall secure and maintain adequate potable ~i1er treatment and distribution facilities, take steps to ;;ninimize increases in demands, and maintain sufficient and equitable financing measures to provide services to potable water system customers. Policy 3B.2.9 Objective 3B.3 Measurability: Policy 3B.3.1 Objective 3B.4 Objective 3C.l The City shall continue to enforce the land development regulations requiring that post development runoff volumes shall not exceed pre-development runoff volumes, wherever possible. Development and redevelopment will be encouraged in areas presently served adequately by existing drainage facilities in order to prevent urban sprawl. The City of Boynton Beach will secure raw water supplies and treatment capabilities sufficient to meet water demands for existing needs and through buildout. Buildout needs are estimated to be 32 mgd, measured in terms of maximum daily flow. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-8 Date: Utilities Element Ordinance No. The City shal- will be sufficie estimated peak ~ula ou~ervice. (A ~t p~ ;eq~ent in the l!a1iif.) ..,:. ~, ~, ,41>OIl -=:; :. Policy 3C.1.5 - .!!be City !hall require~at new water treatment facilities will be s~i to - build out ~le water demands, estimated to be 32 ~2::.-. mg~ lW:.. ,-', -------..,~" ~..City WlI require that all new and existing structures connect to i'!!plic, re~iffi.l, or municipal water and wastewater systems whe~~ch s):ifems become available. Policy 3C.1.7'--'_. The <::.iY shall not permit new development with individual private .,.we~ Measurability: Policy 3C.1.1 Policy 3C.1.2 Policy 3C.1.3 Policy 3C.1.4 Pol~C.1.6 Policy 3C.l.8 Policy 3C.1.9 Policy 3C.1.10 Maintenance of raw water supplies and treatment capabilities at levels consistent with the objective. The City shall continue to maintain the Level of Service standard of 200 gallons maximum daily flow per capita of peak population for water supply and treatment and shall r~duce the Level of Service standard to 175 gpcd by 2013. _. .:':~.::. The City shall continue to ~ the raw water supply production capacity to meet ~ximUH!~.ay demands with the largest operating well out o.kjavffie. ..>> ~ ~ --~r'>-._ S" ~~:"', The City shall expan_- mainta~water trea~nt facilities that produce potable water 0 ficien~l,lality to m~~f applicable Federal and State regulator . -- ems.];":?'" re that the c~!~ity of the treatment facilities vide the stMtbr4;Jevel of service to the 'th the s~m's largest unit process chffical term for a functional set - - :;E'he City shall require that all City owned water supply wells in the Boynton Beach service area shall be metered. The City shall permit no activity that would result In the degradation or over-utilization of potable water resources. The City shall continue to protect present and future potable water wellfield locations identified in the Water Supply Plan to assure that water resources are not negatively impacted by development, excessive draw down, or saltwater contamination through 3-9 Date: Utilities Element Ordinance No. City of Boynton Beach EAR-based Plan Amendments Amendments 08- implementation of the Palm Beach County Wellfield Protection Ordinance. Objective 3C.2 The City of Boynton Beach will provide distribution services to its potable water customers that are adequate to meet flow levels projected in the City's Water System Modeling Study. - Measurability: Number of potable water system improve~T'f:Lmade consistent with the objective. __~ ~ Policy 3C2.1 The City will implement the c~pf'al imp*~~ements described in the Water Supply Plan. _-_~ . - - - - - - - ----. - .- ~ - Policy 3C2.2 The City shall priori~~ystem ~eds for rerr~~l, replacement, and betterment. Capital ~rove~.lts conside~cessary to maintain the system in good~~Q:r1iilg&ndition wijFbe made on a timely basis. ~. - - - - - - - - Policy 3C2.3 The City shall eii!u:vo fhat new distrl&:ionlacilities will be sized to meet buildout coi\iitiol~ding re~opment. - .- - -'~ - ...-... ~ ~ .~, --- Policy 3C2.4 ~e ~hall con~o upda~d implement the master plan ~or faci~ expansio~as needetf' based upon development and ":"' ~jectedlowth. '\.....:::;. Policy 3C :?~ By 2111:10:3, the.I;~t~i slLall r~ace sub-standard water lines in the area ..::::-. -0 '~st of~rstate 95-a;r:rd south of the Boynton Canal. - ~- - -- ~ -- -==..~ ~e3.C .3 .. Tl1:~ity o~lton Beach will continue to consider options to . imp~lent ~ter conservation such as rate structures, aquifer stora~ and recovery, education and reuse. Measurability: H. . Nu.#r of options considered and implemented. -==:-' Policy 3C3.1 ;f'he City shall continue to annually advise water users in Boynton Beach, during the dry season, to reduce potable water usage for landscape irrigation, and to properly time irrigation activities. Policy 3C3.2 The City shall continue to utilize a water system rate schedule to discourage excessive water use. Conservation will be further encouraged by using potable water flows in the development of sanitary sewer charges. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-10 Date: Utilities Element Ordinance No. The City shall continue to encourage uses of non-potable water, including groundwater and treated wastewater effluent, for landscape irrigation where possible. (See Policy 3A.3.3). Policy 3C3.5 The City shall continue to encourage ~ Wise native vegetation for landscaping, and where po~e, W'111 impose minimum requirements on new developm~ ..'. .. Policy 3C3.6 The City shall continue ~...f5tarage tri\i~~!;.y:se of water saving devices, irrigation syst~, ancr plumbing~res in the City's - --:-' service area. - _ _-_,-. ... ,.; Policy 3C3.7 The City shall continue {~e ~ll water ,l:1'5e restrictions consistent with any water sho~ or water shortage emergency declared in ~ance the So~lorida Water Management District Water ~~n. . ,> ...- ":.. -.,' .. "~~- ~.~, ~ Objective 3C.4 The=Ciry of Boyia.on ~a~l-itind potable water system ~it~provem~ replace.-at and rehabilitation, and ..=operatiot=and mainff!.lance com such that costs are borne by "7~tem c.omers on tlil. basis of the cost-of-service. '.,.'..-". ,,='" -T,::_'~' MeasurabH~r" Nurn. oJ ~l~rimpro~ents to the potable water system fincanced -. . .f:llith e~se funa~ - ......'..'-.,...- p<>14~i~r4.1....... ., ::\z~n !: :E~:~r ;~~~~:E::~~::a~:~~::~ ~~~~ .... custo rs. The rate schedule for water services will be based on . . . < pub utility cost-of-service principles. Policy 3C3.3 Policy 3C3.4 Policy 3C4.2 Policy 3C4.3 The City shall continue to enforce the Water Shortage Ordinance when necessary. ~e City shall continue to require that costs for the extension of service to new customers will be borne to the maximum extent possible by those new customers through a capital facilities charge and connection charge system. The City shall continue to maintain a reserve fund for routine system renewal and replacement at a level equal to $1,000,000 for water, wastewater and stormwater ,or at the level required by bond covenants, whichever is greater. 3-11 Date: Utilities Element Ordinance No. City of Boynton Beach EAR-based Plan Amendments Amendments 08- Policy 3C4.4 The City shall continue to require that new developments install water lines according to City specifications in order to receive development approval. The new lines will in most cases be deeded to the City. Objective 3C.5 Prevention of Urban Sprawl. The City will continue to prevent urban sprawl by requiring orderly, cOl!lPact development of the potable water service area as it app~~7~Uildout. Measurability: Expansion of the potable water servi~rr..~rzly when consistent with the objective. ~ ... .. -=.. "":., .. ~ - -- -- ~ --- - - Policy 3CS.l The City shall continu~ efrcourage inlf:l1 development and redevelopment only ~areas prgsently se~adequately by potable water facilities. ......=. . .. ..,;,. -. --=--- .~ - -- - .-... --.. - ---..- - Policy 3CS.2 The City sha.!L only extend 'pw.~.Qle water facilities through the service area ~tematic fashiml; . Services will not be extended more than one ~e to .~ure servic~the franchise area. ~" "- ~ :., ---==-.... =-- Policy 3CS.3 Th~ty shall co~ue~~ra~#'urban sprawl by requiring ~ ~lopment t~y the ful~'St of extending potable water .::Sfacilities~us, the d~lopment 'if remote parts of the service area . I be mee expensivel!!an compact development. = - .- - --- -'''-- '-, .-.-.., ~ Objective3e'$ Th~"iiity sltiili i:lsnllE'to implement a program to eliminate ~' wstiI1g :drficiencil$=;[ccording to the schedule presented in the E ~ta11IfWr.Dvel!lents Element. ~ ~. .......: -.- - ~ Measu"'l~iity: . Nu. of prgJiEts in the Capital Improvements Schedule consistent with . the ob!tive. . Policy 3C6.1 . . Th~ity shall continue to make priorities for replacement, ~cting existing deficiencies, and providing for future needs ~cording to need. The need shall be determined by the Utilities Department through a master planning process. The priorities shall be reflected in the Capital Improvements Element such that the improvements needed first shall be implemented first, in order to provide the standard level of service. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-12 Date: Utilities Element Ordinance No. Natural Groundwater Aquifer Recharge Sub-Element Goal 3.D The City of Boynton Beach will protect, and maintain the functions of natural groundwater aquifer recharge areas. Objective 3D.1 The City of Boynton Beach shall continue to protect and maintain p~ime natural groundwater aquifer r~~arge areas within the Clty....;:::;-'" -~-':: Measurability: Ongoing enforcement of the wellfieff'r(lfij'!~on Ordinance. Policy 3D.I.I The City shall continue t~~ita.te witR~]m Beach County to enforce the Wellfield Pro.iiCtion Ordinance. . , ....... -::-~~. .~, .. --; Policy 3D.I.2 The City shall continue 'If;desi~_areas havl~:rhe greatest recharge potential. Such at~Q~at ~te undeveffiped shall be designated fai::low impact dev~ent or as conservation areas in the City's futu use plan. · ......... .... ... 4 Policy 3D.I.3 Boynton Beach sfi.\ll co 0 coopEiil:e with other appropriate lo~vernment~o .rt~ %.rith the greatest recharge ~terUi!ii:.that exten~yond the~ limits. - ~ -. - ~. ~ ~,; - Policy 3D.I.4 ~ .~ Ci~will contin1!e to require environmental review of h O:6~Ta.ste gener.rs prior to issuance of occupational ___-::- ... . licen:st!~i=~uld'will !llhlfld'&s process to the license renewal process. --..", " ",", "., "'...., -,-:"" P~D.1.5 I~CityjfiAl1 ~ure, where possible, that water management ....,<' ... .. pl~or em cy flood situations shall avoid irreversible impact . .. ... ... on e<iiogical~ystems and minimize long term adverse impacts on ".::-,~." all se~rs. Policy 3D.I.6-Th~ity shall minimize, where possible, the negative impacts of ~lsting land use activities on surface water and groundwater .::quality and quantity~ to the maximum extent possible through enforcement of retrofitting which would incorporate appropriate water quality management techniques. Solid Waste Sub-Element Goal 3E The City of Boynton Beach will provide, at the local level, and support, at the County level, an efficient and environmentally sound Solid Waste Management system. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-13 Date: Utilities Element Ordinance No. Maintenance of a City solid waste level of sergice equal to or less than that of the Solid Waste Authority. f~'"::.: Policy 3E.l.l The City shall continue to ma'_ adopted level of serVice standard for solid waste of 7.7.p@nds pl~f'ppita per day. --, ......... ----...... - - -.. -, - -- ~,- ---- Objective 3E.2 The City shall continu~-pr~ide a solid :waste collection and delivery system that ~sistent ~ith policieS'iIi~:the Solid Waste Authority. -. ==- . ~ ..:, -" .=r' -~ -~ . ',..:..... ,... Measurability: _ . . . ----.. - ---- Policy 3E.2.1 The City shall ~l~ provide ~;~;R.elid_waste collection system that is characteriSijf o~owing: =- · ..AtJ.east bi-wee~ re~!~ll~n of garbage, .#- l~on of a sc~d progrss.; of bulky trash collection, ~ At Ie'!!, weekly co'ction of c5fumercial waste, ~ .. Utiliz~on of tarps ~ cO.Inpletely covering trash loads, .~lle~ "nd dispoijl of vegetative debris consistent with the Pliti:e Be~t:h Oi~I",~~p6iid Waste Management Plan. --=- ..-- - .~ ---.. ---. :bl:'vtder fA ~~:Iintain the adopted level of service standard, and in sup@!rt of~ycling goals of the Solid Waste Authority, the . CitY!iall c~nue to reduce the solid waste stream of the City by . .... .. exceeJng the 40% recycling goal. Measurability: -=."A9t of decrease in solid waste stream due to increased recycling ~ties. Objective 3E.l Measurability: Policy 3E.3.1 Policy 3E.3.2 At a mInImUm, the City of Boynton Beach shall continue to maintain a solid waste generation level of service that is both economically feasible, and consistent with those of Palm Beach County and will accommodate the future needs of the City. The City shall continue to assist the efforts of the Solid Waste Authority in implementing mandatory recycling programs throughout the City, if found feasible. The City shall continue to stress participation In recycling programs within City buildings for City employees. City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-14 Date: Utilities Element Ordinance No. Policy 3E.3.3 Objective 3E.4 Measurability: Policy 3E.4.1 Objective 3E.5 Measurability: Policy 3E.5.1 The City shall by the year 2010, evaluate the current method of recording and/ or monitoring the magnitude of local recycle efforts and initiate improvements, if appropriate. The City shall continue to support the State and County-wide efforts to improve and initiate public education and involvement programs that relate to litter clean-uJ?, household and small business hazardous waste, etc. _-;:-~~ Number of litter clean-up related p~ itiated. The City shall continue to ft~ and wiliiEe possible participate in, such State and Coun. ~ide"rograms aS~lnesty Day, "Keep PBC Beautiful", "Gre . erican .clean Up" .'fti=City shall, at a minimum, promote tHese ~ts an~ograms. . ...... ....""" .. ~H";- .~'~<- _!F" In order to hllProve the appeaE,ibce of the community, as well as to support sOIi'a Waste Authori~plicy and recommendations, the City shalr~ai.jb~ the probfiiHt o~ illegal dumping and littering. ~ ..~.. ... .~ - ...-. -, ~. -~'" ".: .....--. '- - '-----...- ~ citations iJiu_16r illegaFtfjrnping and littering. - _. - - -== ~- -:-.. ~- ~ - - - _. .. 'fhe City tihall contimi~E:,to increase the number of abatements of ~ly .ci.unped waste~acant lots after sufficient notice has been 'IrvefL .~ ~j~aer. Tb:€cost of this service, including tipping fee _ argeet the tra~ station, will continue to be charged to the ~~.J?erty~~~L\er. -)<1-'- --..,,,,:,,,. ~ -;(-.'~ The ity s~ with the assistance of Solid Waste Authority contirm.e to sponsor an annual City-wide litter clean-up program. ..... > Th~~ity shall continue to participate with the Solid Waste - ifiority using the report it submits regarding waste stream provements and illegal dumpsites. -' - - - - -~ ~ - - - - ....~ - ''''-'' P~licy 9ii~.~. _ Policy 3E.5.3 Objective 3E.7 Measurability: Prevention of Urban Sprawl. The City shall continue to discourage urban sprawl and continue as a compact urban area by not providing services beyond 1/2 mile of the existing urbanized areas. Maintenance of the seroice area in accordance with the objective. 3-15 Date: Utilities Element Ordinance No. City of Boynton Beach EAR-based Plan Amendments Amendments 08- Policy 3E.7.1 The City shall continue to provide services In such a way as to maintain the City's compact urban area. - - - - - - - '""'!'" . . .. - - - - - - - - - - ---... - - - - - - - - .- - - - - - - - - - - - - - - - - - - - ----.. -- -- - -- - - - - - - - - _. - - - - - - - - - - - - "- - - - - - - -- _. - , - - ---- - - - - - - - -.- - - - - - - - - - - - - - - - -- - ---.... ~~-=..." - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - --- - -- - - - - - - - -- - City of Boynton Beach EAR-based Plan Amendments Amendments 08- 3-16 Date: Utilities Element Ordinance No. City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Housing Element Goals, Objectives and Policies Goal 6 To provide decent, safe, and sanitary housing in suitable neighborhood environments at tl:;..,. range of costs and variety of types necessary to "11fJl6f!tiihe needs of present and future residents of the CiJ1J~;:l..'..... ..., . Objective 6.1 Assist the private sector to ~~. new d~Uing units of various types, sizes, and costs ~e-;.year 2013,~. order to meet the housing needs of the emting anq anticipate~ulations of the City -~~::.. .... .. . - .... .', ^::E.fJ.":..;..;;.'- Measurability: Number of dwelling units provi~ring the planning"1Jeriod consistent with the objectfi:Je:. · ... ... .. _. '.:",- Policy 6.1.1 The City shall ~r 'nformatioI~hnical assistance, and explore possible ~entiva:~ the ~~ate sector to maintain a b~ productioIi::.s~~i~nt to meet the community ..::::needs~ssible incEllttives couiii include assistance in land ...-... - - "" ..; ::~assembly~elow-mar~ rate financing, allowances to build on -~B!2onfo5rung lots, aItel.density increases in certain residential lan~s -. =...- ~ "',-'. "":::"" P~ic~.1..2.......... g . ~~~~ri'::'a~~':~~r, ~~~S~~~ro~~:~:r t::"p~~~~ . . > the ~icienc~nd expand the capacity of the housing delivery systes ::::- - -', Objective 6.2 .._>^. By thlfyear 2013, the number of substandard housing units shall ) ... beeduced. Measurability: - -- 1\rumber of substandard housing units brought up to standard, removed or replaced during the planning period. Policy 6.2.1 The City shall update the Neighborhood Target Area Plan to determine and prioritize those areas of the City where the greatest concentrations of substandard housing units exist. Policy 6.2.2 The City shall continue to increase code enforcement activities, through regular inspections of the housing stock in neighborhoods City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-1 Date: Housing Element where code violations are more prevalent, and institute special concentrated code enforcement activities where warranted. Policy 6.2.6 - -'- -- - - - -... - The City shall continue to Uti.Ji~ pro~edures to rmmrruze involuntary relocation by on.!F'elE8~~dng units that pose an immediate danger to occupants~ose thi~~~iue abandoned, or those costly to rehabilitate. ~ ."":. ~ n. . - - ",,:=: ----.. ............ ~ -, --..- The City shall provh}~tance ~ough the ~oljflated Plan (CHAS) to neighborhoo~jec~ upgrade ~ conditions through code enforcemerrt . ~istartce, remo..fi'ng blighting influences, ~d concentra~ improvements in such neighborhood~articular atteihion given to owner-occupied dwelling units. ~. . ...... . .. ....- -::. '~ --- Th~ will exarriis.e t~se ~~ t~ative land use techniques to .:.#ffiize ~nt and su~ndard 10lFfhat ultimately will result in the .::3:emovalllsubstandafahousing hnits in the Neighborhood Target '"%ea."!i .... . ~- -,- --., _. ~ ~ .-...--...... - - -.' - -'. " - Ob.J._e.:::::;:::'c.:::ti ~3 Throilk theye.t-!L.~-the City shall continue to implement a .::~eries oii\ousing programs aimed at providing adequate housing a~d housl'l!f:::..si~s for very low-, low- and moderate- income pet&ls to m~heir housing needs. - - - - - - -= - Num~ of housing programs maintained or implemented during the . . ... plan;!g period. .".:~ City will, where feasible, continue the purchase of vacant lots :rn the Code Enforcement Areas and Neighborhood Target-Areas as sites for affordable infill housing. The City shall continue to explore the use of Community Development Block Grant (CDBG) monies, federal and state funding, and local public funds for the demolition or rehabilitation of substandard housing. Policy 6.2.3 Policy 6.2.4 Policy 6.2.5 -,.,.- _. - - - - Policy 6.3.1 Policy 6.3.2 The City shall establish and implement procedures to pursue federal and state and other sources of funding earmarked for very low-, low-, and moderate-income housing. These include: . Community Development Block Grant; . Neighborhood Improvement Programs . State Housing Initiative Partnership Program; City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-2 Date: Housing Element The City shall continue to pursue the use of CDBG and state housing monies available for commu~-based corporations, by the identification or creation of c~urijty-based corporations which can work with the City o~using efforts. State monies include' ..:E'T" '.' ." . . - ~- · Predevelopment Funding::i2r~mmu~:based Corporations; · Purchase Assistance Lua.:rcrlJrn.gtams; and- · Rehabilitative Defer.r:ti:l Loans. . ......." .:;-Y~ . -> ,-;. The City shall implemen e "Housing ~istance Plan through State~ s Housing Ince . artrlership funning which will provide ince~l:'~ to the privailii:~ector in the construction of affordable dwe~s. . ,.... ~.-<- =-~ The City shall co~ue t~sh arJfimplement procedures to ~~t public~#d h~shall be located in a manner 4jVhich'&Wids an ove~oncentratiIDl of such uses in one particular ,:;: .... :a.f:a. E ~ Policy 6.3.~, Th~irt~~~t ~)~ 201Q;amend the zoning ordinance to allow :::.=...cons~on on: ~hfofIning lots if the result will be the ---- vision;e..Lwell designed and neighborhood compatible housing. -, ~ ""~ ~, -',.'- Th~ty sha~stablish a priority for very-low-income (i.e., persons earnig less 1han 50% of the median household income), elderly, and p!Wsicall y challenged persons in providing funding sources for -...',.af~Qable dwelling units. Policy 6.3.3 Policy 6.3.4 Policy 6.3.5 - - - - - -- p6iic~_? Objective 6.4 Measurability: Policy 6.4.1 . Gap financing; . Rental Rehabilitation; · Weatherization Funds; and · Emergency Roof Repairs. '~e City shall continue to encourage the provision of workforce . housing to maintain a diversified and sustainable City having character and sense of community where people can live and work in the same area. Number of workforce housing units developed. The City shall continue to utilize the Workforce Housing Program to facilitate the construction of affordable rental and for-sale housing units city-wide. City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-3 Date: Housing Element Policy 6.4.2 In order to be granted higher densities possible in the Special High Density Residential, Mixed Use, and Mixed Use-Core future land use designations, established percentages of the residential development must be affordable to Low Income and Moderate Income households. Policy 6.4.3 The Workforce Housing Program sh~ ~n~ue to offer developers alternatives to on-site provision of ~able units, which include: . Payment in-lieu contributior€ .. ........ . Land donation within the~1Y--6.. ... .. ... . . Off-site construction o~ts'r:ilifd _ -- ~ - . Purchase and don<lpn of ex!sting market . rate units to be donated to the ci~~rl to eli~le househo~ ..:i::: ~. -,. -- - -. - - - -' - - -.. - _. ,,-. - - Policy 6.4.4 All workforce housing units~ucted under th~ program shall remain affor~p for a period ot:Ul.irty (30) years through the use of restrictive co~t". ... -:..~ ~ ~ -:.. - ., ---- - '-, ---- Policy 6.4.5 The City shall ~ntin~xplorg?" innovative development r~ns, the use~~b~~7ousing, regulations regarding ~n-colW.!!.ming lots ':i!ld other gilky tools to provide increased -,~cess to .ordable holifiing. - - - ......., .""-- - - ":... - - -- -. - -- ----- -.. ~ Policy 6.4.6-=0-, Th~H~aJJ-" continloE" to ensure that CRALLS Mitigation .=- _Measatl!ls shan b\ll~aed in all new concurrency approvals and ? :Oewelop1'4umt Order (DO) conditions for all developments utilizing _~ th~'~doptt:!u .~ :R,A.LLS. Said conditions shall require that all such ., de~pment~roposing more than 10 dwelling units shall: ......... ,-- - - . $ aside at least 10% of their development for occupancy by . ~ry low income (less than or equal to 50% of the County's ~ ~Iledian annual adjusted gross income) households and low . _ income (more than 50% but less than or equal to 80% percent ~ of the County's median annual adjusted gross income) households, and 10% for moderate income (more than 80% but less than or equal to 120% percent of the County's median annual adjusted gross income) households. Units meeting this requirement shall include no more than 40% renter occupied units for low income and very low income households and no more than 30% renter occupied units for moderate income households. The remaining units must be owner occupied. The renter occupied units must continue to be attainable for a City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-4 Date: Housing Element period of at least 20 years, and the owner occupied units must continue to be attainable for a period of at least 10 years. Attainability shall be assured through deed restrictions on these properties; or, · may choose to contribute a fee in-lieu of units. The sum amount of this fee shall be establishsil by the City Commission and Board of County Commiss~rs;~nd it shall be paid to the City of Boynton Beach's 'lL~able housing program(s) to finance land acquisition, .~m - er assistance, or other actions to further the ~affor _ housing objectives as specified in the City ~yaJ:611 Beach ~prehensive Plan. -=.."- '~." - - ~.. ""- Policy 2.2.5 The City, through tJ.ie:"~A's Dir~t Incentive. ~qgr..sm and its Affordable Access comp t, ~,,-continue to=;implement a program to make affordable g available to l-ow-to-moderate income hous~lds (with inc~~J;>~ of 80% to 100% of median household inc~ Palm Beac~ounty) in the TCEA. The affordable Unitg:::-d.Il . rogram n~r.emain affordable for a minimum perio~, of . . rs. j#fie City shall continue ~~ntation of'l!e ~ci~~Objectives 6.1, 6.3 and 6.6 of ffi'e HOl~.ti!.Llg Elemen@ the CoI11lYehensive Plan to provide other - rograI1'i'$5 benefiting~very low, low and moderate income . sehol~. The City~ill also insure that 5% of new or re -":,,i using ~rJ.n the TCEA area is available for occu~y' -eholds, with pricing consistent with SHIP ... ...':~!~deli~d rent vels consistent with affordable effort ratios. -=.. ~ity ~prWnue the annual monitoring of the affordability of '.' .-.... hOl~g witfiii;;the TCEA. -, "~. ~~ ObjeCtiVe""6S~........ The @y shall allow sites for mobile homes where single-family .. . .... . ... .de~~d dwellings are permitted. Measurability: ~ntenance of the land development regulations in accordance with the 7fJbjective. Policy 6.5.1 The City shall allow mobile homes in all areas of the City where single-family detached dwellings are permitted, subject to the zoning regulations and other code requirements that apply to other types of single-family detached dwellings. City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-5 Date: Housing Element Objective 6.6 Measurability: Policy 6.6.1 Policy 6.6.2 Policy 6.6.3 Policy 6.6.4 - - P01~.6.5 --- . - - - - - Objective 6~ Measurability: Policy 6.7.1 The City shall allow sites for group homes and foster care facilities in residential land use categories consistent with Chapter 419, F.S. Maintenance of the land development regulations in accordance with the objective. The City shall allow group homes wit~li--~ fewer residents in all residential zoning districts provideeE:iIiey are located at least 1,000 feet from other such facilities. u -tnes shall be required to obtain a license with the Ci~rder (Q. ,lacilitate monitoring and ensure zoning compliance. . ... _~ . ~.... - - - ~ ~ -' _. The City shall establ~";~nsisteni:.-with state sr.ij!!!.es!.:<reasonable standards regarding the ~u~ber of pe~ allowed in group homes in each reside~ning"":;district, anif'the minimum floor area per~, or maximl1.mumber of persons per room. The City shall ~o~ land deve~t regulations to ensure safe and conveni~t o~'f.J.p"ign of !it-street parking for group h~ith more t~ s~e~ -":" ~ - - -,- ~ - - '- - ...... - - - ...;;;;:>rhe Ci~all establiSl.. and implement procedures to continue to ': ~::~ow fos~ homes for ... tQ five children (both natural and foster) in~ d~~ provide"iERlat the foster home is supervised by an ... . adult who is ~i!etl:tffihe dwelling. -- -_. '- - - ..-....,- ~- - - ~,City ;I~c9Ptinue to allow adult foster homes in designated zo~ distr~ - - - - - - ~ - The $2ity shall avoid housing programs which displace hous!i,iolds. However, in the event displacement occurs, benefits ,,=--co:niiftent with applicable state and federal laws will be ~Piemented through the following policies. Incidence afhousehold displacement and evidence of displacement housing programs utilized. The City shall assist any households displaced by City housing programs to locate alternative housing that is reasonably located, standard housing at affordable costs, prior to their displacement. City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-6 Date: Housing Element -.,...- -,. ._". .- ...... Continued maintenance of land dev.aiiitJ1ent ;egulations encouragzng preservation of historic resources. . ...... .... .. ..", ...::;...~, "'.. Historic resources identifie.9.(.~ City;- nton Beach Historic Sites Survey" shall be i#porated into the _e Land Use Map series and shall, wh~J~~~ctical, ~ protected fi&:n dgvelopment and redevelopment activi~b.. ""... .~ ....... "- .:' ~. .. '.~ .~~ ~-< The City sha:11. continue to . sC\Hcit input form local historic preservation -" . in updating ::i~. lists and maps of historic properties cont . ~ completea;:hiitorical survey. The City Commission sha :.. dop~revisio~o the lists and maps of hi~l properti~ wJ!ih ~~qf in the historic survey and ~ c...~ehensive ~, for recj5fding with the Florida Master '~File. - ~ ~ ~ - -.... ~......,'.:= -=:'; _. - -- - ~ ~'''''''' Policy 6.8.3 ~i developlpl1t regulations shall continue to provide ~ ~ot 'iTical resources. O~":..9. ~:~:~ ;;::i;~:r~:~~t by~:::~;i~~ ~~:~~~~~; Measurability:" Utiliz.!!ion of Code enforcement activities to target areas for technical and · .. rehaJiifitation assistance and for concentration of infrastructure updates. Policy 6.7.2 Objective 6.8 Measurability: Policy 6.8.1 Policy 6.8.2 Policy 6.9.1 Policy 6.9.2 The City shall assist persons displaced by code enforcement activities, with temporary relocation benefits and replacement housing, or down payment or rental assistance, depending upon eligibility. The City shall continue to preserve housing identified as being historically significant. The City shall continue its efforts in the Community Development Block Grant Target Areas and implement program activities in a timely manner. Programs shall include, but not be limited to, those discussed in Objective 6.3 and its corresponding policies. The City shall coordinate technical assistance programs and financial workshops conducted by lending institutions and Community Development Corporations to increase private reinvestment in housing. City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-7 Date: Housing Element Policy 6.9.3 The City shall continue intensive and concentrated code enforcement efforts in the Code Enforcement Areas and the Neighborhood Target Area. Implementation of this Policy shall be consistent with Policy 6.2.5 above. Policy 6.9.4 The City shall establish procedures to.Afhedule and concentrate public infrastructure, supporting fac~~d services to upgrade the quality of existing neighborh~~. Policy 6.9.5 The City shall explore outsi~fundin~(iources to ensure the availability of social, educ - .' and recr~flnal services to very low-, low- and mode::. . come ho~seholds. ...~_ Policy 6.9.6 The City shall give pri~~~ to.::f:ia..;.. rehabilitati~ of housing structures to retain the exi~usiiig stock, a~ funds become available. -.. ....... .. -,' ".",- -'- - Policy 6.9.7 The City shall ~Cffi'iil~i\ private f~ support through the leveraging of reso~ces ~in the rjfiabilitation of housing. - -"'-,.. - ~'" ~, ~' ~", ~,~ Objective 6.10 ffi3eqlI~ measure;~uld be lHken by 2013 to address the -SShousing1!oblems of"P.!rsons willi special needs. ~ ". ",:= - Measurability: N'tJI!BI:b.cr ~g;rflms initi;- -;ithin the planning period consistent with - '.. theo~ve.' ~ -. -, -- "- - ~ - - - - ----. P~.10.1 'I&. City~ .f.ontinue to inventory sites, including publicly .. ow~ bti:Siii.gs, which could serve as sites for ... .... . elde~hanmcapped housing. Policy 6.10.2 . .. .... The ~ty shall, through local funding and technical assistance, ~o~ue to support the social service assistance programs provided ~lderly and handicapped persons. Policy 6.10.3 The City shall work to establish a publici private partnership which can build units for elderly and handicapped persons, Policy 6.10.4 The City will continue to revise the land development regulations in order to continue public improvement programs aimed at the removal of physical barriers which restrict accessibility by handicapped persons. City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-8 Date: Housing Element Policy 6.10.5 The City shall discourage hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High-Hazard Area and shall encourage such existing facilities to relocate to safer locations within the City. City of Boynton Beach Ear-based Plan Amendments Goals, Objectives and Policies 6-9 Date: Housing Element City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach CRA Housing Needs Assessment Prepared by: Florida International University Metropolitan Center .... W.".'.".,.i..,..... .. ,-,- -'-.' Prepared for: Boynton Beach Community Redevelopment Agency and The City of Boynton Beach August 9, 2006 CREDITS Credits Metropolitan Center at Florida International University: The Metropolitan Center at Florida International University delivers information and expertise to decision makers, community leaders and citizens as they seek to forge solutions to urban problems. The Center is engaged in the study of housing, demographics, economics and politics in South Florida. The overall goal of the Center, as an "applied research" institute, is to provide decision-makers with the best possible information to forge solutions to the problems confronting South Florida's urban areas. Toward that goal, the Center provides research, training, and technical assistance to governmental and nonprofit institutions in South Florida. Metropolitan Center 150 S.E. 2nd Avenue, Suite 500 Miami, Florida 33131 (305) 349-1251 htto :/Imetrooolitan. fi u. ed u Research Team Ned Murray, Ph. D., AICP, Associate Director Rosa Davis, Research Associate and Project Manager Dario Gonzalez, Research Associate Stephanie Smith, Research Assistant Una Duran, Research Assistant Tonya Rapley, Research Assistant Ines Hernandez-Siqueira, Principal, Civica Consulting Group, Inc. Jennifer Fu, Principal, Sunshine Maps, Inc. Boynton Beach CRA Housing Needs Assessment Metropolitan Center ii EXEC HIVf SUMMAR The City of Boynton Beach and CRA Housing Needs Assessment is a quantitative economic and housing market study that attempts to capture the dynamic of the housing supply and demand relationship in both the City and the CRA. The study considers the critical economic and housing market factors that drive this important supply and demand relationship, including the larger market forces that have resulted in Palm Beach County having one of the highest median single family home prices in the State of Florida. The housing market in South Florida and in many metropolitan areas throughout the nation is facing serious challenges. Rapidly escalating increases in housing values in recent years has threatened to make housing unaffordable for low and moderate income households, as well as, the working middle class. At the local level, many in both the public and private sectors have come to recognize the inextricable link between an adequate supply of affordable housing and sustainable economic growth. To develop this understanding and to move forward with real solutions to address these housing issues, it is important for communities to assess the critical relationship between local housing supply and demand. Future housing demand in the City of Boynton Beach will be largely determined by on-going and planned economic development activity that will result in expanded employment opportunities. Employment growth will occur through the retention and expansion of existing firms and new economic growth resulting from start-ups, spin-offs, and relocations to the city and the southem and eastern sections Palm Beach County. Basically, populations follow job growth and the demand for housing will be defined by the location, type and wage levels of the City and County's future employment growth. The study concluded that occupational employment and wage statistics for Palm Beach County and the City of Boynton Beach indicate that the labor market structure is largely skewed toward the secondary labor market comprised of low wage retail and service sector occupations. These low-wage occupations offer little in terms of benefits, job security and career mobility. These occupations are also the most likely to be affected by recent changes in the real estate market. Critical Findings The following is a summary of the critical findings from the economic and housing market analysis of the City of Boynton Beach and CRA. ~ The employment base of the City of Boynton Beach is generally reflective of Palm Beach County as a whole with most employment found in the Services and Retail Industries. ~ Within the West Palm Beach-Boca Raton Metropolitan Statistical Area (MSA), in which Boynton Beach is included, retail salespersons (21,550) comprise the largest number of jobs. The median hourly rate for retail salespersons within the MSA is $10.17, which equates to an annual salary of $21,153 based on a 40-hour work week. Other leading employment sectors include office clerks ($10.61), cashiers ($8.22), waiters and waitresses ($6.42) and landscaping and groundskeepers ($8.98). ~ The median annual salaries of "target" or "essential" workforce occupations, including teachers, registered nurses, police officers and firefighters, are at or below 120 percent of the area median income (AMI). Boynton Beach CRA Housing Needs Assessment Metropolitan Center iii . In the last three years, the City of Boynton Beach has experienced a 16 percent loss of renter-occupied units due to condominium conversions. The inventory of apartments has decreased from 6,224 to 5,035 total units. . Indications are that conversions have created added stress on the rental market including lower vacancy rates and the reduction of affordable rental housing. Approximately 598 of the condo conversions took place within the City's CRA. . The vacancy rate for apartments in Palm Beach County is at an all time low. Since 2003, the County's vacancy rate has declined from approximately 6 percent to a low of 2.4 percent in November 2005. The City of Boynton Beach and the CRA have experienced a similar pattern with a 2.6 percent vacancy rate. . Within the CRA, the $222,500 median sales price for a single family home is 36 percent less than the $350,000 median sales price for the City. . The median sales price for age restricted units City-wide is $200,000 and $197,000 in the CRA. . The highest appreciation rate for single family homes took place in the CRA, with an increase of 41 percent from 2004. . In the City of Boynton Beach, the average rent for a two bedroom apartment increased from $700 in 2000 to $1,146 per month in 2005. Within the last two months of 2006, rents climbed to $1,250, a 58 percent increase since 2000. . Housing affordability calculations reveal a substantial "affordability gap" for single family homes in the City of Boynton Beach and the CRA with affordability gaps ranging from $74,458 to $216,680. . Relatively lower median sales prices combined with relatively higher median incomes provide a certain level of affordability within certain sub-markets of the CRA. However, depressed single family home values within a larger inflationary market may be indicative of substandard housing conditions or other neighborhood-related factors. . The City of Boynton Beach's projected population and employment growth through Year 2025 should create the demand of approximately 4,173 new workforce housing units (80-120 percent of the AMI) and 6,627 affordable rental housing units for new households earning less than 80 percent of the AMI. . The CRA will absorb a significant portion of the City's projected population and employment growth with an estimated demand of approximately 2,900 workforce housing units (80-120 percent of the AMI) and 4,606 affordable rental housing units for households at less than 80 percent of the AMI. Boynton Beach CRA Housing Needs Assessment Metropolitan Center iv T ABl F OF ~-ONTENTC, CREDITS .......... ......................... ............ ..... ..... ..... ............... ............. ..... ...... ...................... .................. i i EXECUTIVE SUMMARy..... ..... .......... ........ ...................... ......... ................. ....................................... i ii I. INTRODUCTION AND METHODOLOGY ......................................................................................, 1 II. HOUSING SUPPLY ANALYSIS ...................... ............................... ................................................ 2 Housing Inventory by Type.........,................ ............................................................ ....... ........ ...2 Condition of Existing Housing.. ....... ............ .... ............ ....................... ..................................... 3 Housing Occupancy............. ....................... .................. ...........,.................. ......,...., ... 5 Development Trends .........................,......,. ....,.......................................................,...... ... ..... 7 Land Use .................................................... ..................,........................,................... ........ ... 7 III. HOUSING DEMAND ANALYSIS .................................................................................................. 8 Labor Market and Economic Base ......................................................................... ............8 Real Estate Market ...................................,.. ............... ............................. ............ ,... ............ 13 Household Composition and Household Income .........."........................'.............. 16 Affordability Gap and Cost Burden .............. ......."................................................... ............. 17 Cost Burden.............. ................................................. ................... '...........,..............,. 21 IV. HOUSING SUPPLY AND DEMAND IMPACT ASSESSMENT .................................................. 22 Assessment of the Balance between Existing and Future Housing Supply and Demand ...... 22 Housing Affordability Gap Analysis ...................................................................,.......,...........,.24 Affordability Calculations and Targeted Populations Based on Existing and Future Demand 25 V. DEVELOPMENT FEASIBILITY ANALYSIS ................................................................................ 27 VI. APPEN DIX.......... ........... .......... .......... ............................. ........... ..................................................30 Tables, Figures and Maps Table 1: Substandard Housing: 2000 ...........................................................................,...........,..,...... ..5 Table 2: Occupied Units: 2005 ............................................................................................................ 5 Table 3: Future Housing Development in Boynton Beach: Housing Permits, 2005-2008 ................. .7 Table 4: Vacant Parcels in Boynton Beach as of 2005: ..................................................................... ...7 Table 5: Palm Beach County: Top Five Occupations by Employment and Wages, 2005.................. 8 Table 6: Non-Farm Occupations for the Employed Civilian Population 16 Years and Over 2004...... .. 9 Table 7: Non-Agricultural, Establishment-Based Employment'Sales by Industry & Size, Boynton Beach 2004 ................. ...... ............................... ................................................................... 10 Table 8: Area's Largest Employers, 2006 ........................................................................................... 11 Table 9: Occupations Gaining the Most New Jobs, Workforce Region 21 - Palm Beach County, 2004-2012 .... ............... .................. .......................................... ....... ...................................... 11 Table 10: Leading Employment and Essential Occupations by Wage Rates: West Palm Beach-Boca Raton MSA, 2005.................... ............... ....................................... ........... ........... " ........... .12 Table 11: Median Sales Price Appreciation: 2004 to Jan-Feb 2006...................................... 14 Table 12: Median Price of New and Used Housing Units: 3rd Quarter 2005...................................... 15 Table 13: Age and Size of Units Sold in 2005: City of Boynton Beach ............................... 15 Table 14: Appreciation in Rent Prices: 2000-2006................................................................. .............16 Table 15: Household Income by Tenure (Adjusted for 2005): Boynton Beach and CRA ................... 17 Table 16: Homeownership Affordability Gap by Housing Type Based on the 2005 Median Income for the City of Boynton Beach and the Boynton Beach CRA .................................. 18 Boynton Beach CRA Housing Needs Assessment Metropolitan Center v Table 17: Rental Affordability Gap Based on the 2005 Median Income for the City of Boynton Beach and the Boynton Beach CRA ...............................................................................................18 Table 18: Occupations by Area Median Income: 2005 ........................................................................19 Table 19: Affordability Gap by Occupations.........................................................................................20 Table 20: Affordability Gap by AMI Based on Median Income of $46,709: 2005* ...............................21 Table 21: Households with a Cost Burden of 30 Percent or More by Tenure: 2005............................21 Table 22: Future Housing Demand: 2025 ............................................................................................22 Table 23: New Residential Projects Recently Approved or Under Construction .................................23 Table 24: Affordability of Units in Pipeline Based on the 2005 Median Income of $46,709 (Units in pipeline include units that are approved or under Construction, 2006-2008) ......................25 Table 25: Census Geographic Areas that Represent the Boynton Beach CRA .................................. 30 Table 26: Residential Projects in Approval Process............................................................................. 31 Table 27: Projections of Housing Inventory in Boynton Beach Based on Housing Permits: 2005-2008 ................... ..... ......... ...... ............................................ ................................ ...........................31 Table 28: Projections of Housing Inventory in CRA Based on Housing Permits: 2005-2008.............. 31 Table 29: Age Distribution ....................... ............... ....... ......... .................................. ..................... ....... 32 Figure 1: Inventory of Housing in Boynton Beach by Type: 2005.......................................................... 2 Figure 2: Inventory of Housing by Type in CRA: 2005...........................................................................3 Figure 3: Boynton Beach: Year Structure Built, Prior to 1960 to 2005................................................... 4 Figure 4: CRA*: Year Structure Built: Prior to 1960 to 2005 ..................................................................4 Figure 5: New Rental Apartments: Starts and Completions from 2000-3rd Quarter 2005.....................6 Figure 6: Median Single Family Housing Prices by Largest Metropolitan Statistical Areas (MSAs) Year End 2003 and 2005.................................... ...................... ....................... .............................13 Map 1: CRA, Properties, Census Block Groups...................................................................................33 Map 2: Median and Age by Census Block Group in CRA: 2005.......................................................... 34 Map 3: CRA Land Use............................................. .......... ...... .......................... ...... ......... ....................35 Boynton Beach CRA Housing Needs Assessment Metropolitan Center vi 1 INTRODUCTION AND METHODOt Il'H, The housing market in South Florida and in many metropolitan areas throughout the nation is facing serious challenges. Rapidly escalating increases in housing values in recent years has threatened to make housing unaffordable for low and moderate income households, as well as, the working middle class. At the local level, many in both the public and private sectors have come to recognize the inextricable link between an adequate supply of affordable housing and sustainable economic growth. To develop this understanding and to move forward with real solutions to address these housing issues, it is important for communities to assess the critical relationship between local housing supply and demand. The City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) have sponsored this study in an effort to develop a greater understanding of the workforce housing needs within the City of Boynton Beach and the Boynton Beach CRA. The Boynton Beach CRA encompasses the eastern boundary of the City and the area known as the "Heart of Boynton", The study examines the housing needs of the workforce, provides an affordability gap analysis, and gives projections for meeting future housing demand. Specifically, the study includes the following elements: ~ Housing Supply Analysis: This section will provide estimates of the current and future supply of housing in Boynton Beach and the Boynton Beach CRA based on housing type, tenure and geographic sub-area. ~ Housing Demand Analysis: The demand analysis examines current and projected workforce demand based on a labor market and economic base analysis, as well as population and household trends. ~ Housing Demand and Supply Assessment: This section assesses the relationship between current and projected supply and demand and determines the level of impact on housing affordability and economic sustainability. Boynton Beach CRA Housing Needs Assessment Metropolitan Center II. HOUSING SUPPLY ANALYSIS Housing Inventory by Type Since 2000, the housing inventory in the City of Boynton Beach has increased by 11 percent, growing from 30,586 units to approximately 33,940 in 2005. The CRA contains 19 percent of the City's housing inventory with approximately 6,588 units. As can be seen in Figure 1 below, the housing inventory in the City of Boynton Beach consists primarily of single-family (40 percent) and multi-family units (47 percent), with a small percent of town homes (11 percent). By comparison, the Boynton Beach CRA is primarily a higher density area, with multi-family units comprising 58 percent of the housing inventory. Only 26 percent of the units in the eRA are single family. Figure 1: Inventory of Housing in Boynton Beach by Type: 2005 Mobile Homes 2% Multi-Fam 47% ingle Family 40% Townhome 11% Source: Palm Beach County Appraiser's Office, RealQuest, property data from the City of Boynton Beach, 2000 US Census. -Multi-Family includes apartments, condominiums, cooperatives and multifamily structures with 5 units or more Boynton Beach CRA Housing Needs Assessment Metropolitan Center 2 Figure 2: Inventory of Housing by Type in eRA: 2005 Mobile Home Park 2% Single Family 26% Multi-Fam" 58% Townhouse' 14% Source: Palm Beach County Appraiser's Office, RealQuest, Permit Data and Fire Department Assessment Data from the City of Boynton Beach 'Townhouse includes 2-4 units that are attached "Multi-Fam includes Condominiums, Cooperatives and Multifamily structures with 5 units or more "'See Attachment for the list of Census Blocks and Census Block Groups that represent the CRA Condition of Existing Housing Age of Housing The age of housing tends to have a general correlation to the condition of the housing stock and is an important variable in determining the true affordability of a home. Although older homes tend to be more affordable, the older the housing stock, the greater the likelihood of housing problems, including substandard housing conditions. According to U.S. Census figures, the City of Boynton Beach has an aging housing stock. Approximately 73 percent of the housing units in the City are over 25 years old. In fact, only 10 percent of the City's housing units have been constructed since 2000. Within the CRA, the number of older housing units is even greater, with 98 percent of the housing stock over 25 years old. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 3 Figure 3: Boynton Beach: Year Structure Built, Prior to 1960 to 2005 Before 19605 8% 2000.2005 10% 1 9905 17% Source: Palm Beach County Appraiser's Office, Rea/Quest, Permit Data and Fire Department Assessment Data from the City of Boynton Beach Figure 4: eRA*: Year Structure Built: Prior to 1960 to 2005 19605 24% 19905-2005 2% Before 19605 16% Source: Palm Beach County Appraiser's Office, RealQuest, Permit Data and Fire Department Assessment Data from the City of Boynton Beach 'Figures do not include housing units that do not represent complete Census Block Groups. These Block Groups include: 57.01.4, 55.02.2, 60.02.1, 60.02.2, 60.03.1 Boynton Beach CRA Housing Needs Assessment Metropolitan Center 4 Substandard Housing According to the U.S. Census, the City of Boynton Beach had 2.417 substandard units in 2000. The U.S. Census Bureau defines substandard units as existing housing with any of the following problems: lack of complete plumbing, lack of kitchen facilities, no fuel, and/or overcrowding. In the CRA, 10 percent of the housing stock (674 units) were found to be substandard. This could be attributed to the high concentration of older housing in the CRA. Table 1: Substandard Housing: 2000 2140 2513 9,967 25,707 40,327 7% Source: 2000 Census <Figures do not include housing units that do not represent complete Census Block Groups. These Block Groups inciude. 57.01.4,55.02.2,60.02.1,60.02.2,60.03.1 Housing Occupancy Occupied Units It is estimated that 73 percent of the housing units in Boynton Beach are owner-occupied with the remaining 27 percent renters. Within the eRA, the rate of homeownership is lower, with 66 percent of the housing units owner-occupied and 34 percent renter-occupied. Table 2: Occupied Units: 2005 BOY:1tc E' d\ ::::RA Occupied Units 28,280 100% 6,588 100% Owner occupied 20,644 73% 4,348 66% Renter occupied"' 7,607 27% 2,240 34% Population 63,913 -- 14,889 .. Source: Metropolitan Center, Florida International University <Includes all renter occupied units (apartments, condominiums, single family homes, etc.) Condominium Conversions In the last three years, the City of Boynton Beach has experienced a 16 percent loss of renter occupied units due to condominium conversions. The inventory of apartments has decreased from 6,224 to 5,035 total units. Indications are that conversions have created added stress on the rental market including lower vacancy rates and the reduction of affordable rental housing. Approximately 598 of the condo conversions took place within the City's CRA. Vacancy Rates The vacancy rate for apartments in Palm Beach County is at an all time low. Since 2003, the County's vacancy rate has declined from approximately 6 percent to a low of 2.4 percent in November 2005. The City of Boynton Beach and the CRA have experienced a similar pattern, Boynton Beach CRA Housing Needs Assessment Metropolitan Center 5 with a vacancy rate is 2.6 percent. As previously noted. condominium conversions are considered to be a major contributing factor for the current low vacancy rates. Absorption of Rental Units As shown in Figure 5 below, another major factor that has contributed to low rental apartment vacancy rates in Palm Beach County has been the decline in rental apartment construction. Although the annual demand for rental apartments in Palm Beach County is approximately 5,656 units. there were only 1.332 apartment units completed and a mere 450 units started as of the third quarter of 2005. As a result of the low supply in rental units. the County has less than a month's supply of new rental apartment units on the market at any given time. The average number of units absorbed per month in 2005 was 182 units. In Boynton Beach, the average absorption was 10 units per month. Figure 5: New Rental Apartments: Starts and Completions from 2000-3rd Quarter 2005 I-+- Starts -- Coflllletions I 4000 3500 3000 2500 J!I '2 2000 ;:) 1500 1000 500 0 2000 2001 2002 2003 2004 2005 3Qtr Year Source: Palm Beach County Quarterly Housing Report: Fourth Quarter 2005. Reinhold P. Wolff Research, Inc. Boynton Beach eRA Housing Needs Assessment Metropolitan Center 6 Development Trends Housing Permits A significant market trend in the City of Boynton Beach has been the growth in multi-family projects. An analysis of City approved permits since 2003 reveals that multi-family units make up 94 percent of the housing units under construction, approved or pending approval. Single family units only constitute four percent of the housing units in the development pipeline. Approximately 4,009 units or 52 percent of the multi-family pipeline are located within the CRA. Table 3: Future Housing Development in Boynton Beach: Housing Permits, 2005-2008 1,306 2,911 2,951 i 70 i 438 I 7,676 . 596 378 70 812 974 882 2,153 4,009 *Townhome estimates for 2008 include 390 units that are pending approval ** Single Family estimates for 2008 include 90 units that are pending approval Source: Permit Data from the City of Boynton Beach Land Use Land use policies playa significant role in determining the amount and availability of affordable housing within a community. Such policies guide the location, types of housing, and densities. According to the City of Boynton Beach, the City is nearly at build-out. Although there are 154 acres of vacant land, most of the parcels are small lots (under two acres) that are non-conforming and not practical for redevelopment purposes. It should be noted that many of these parcels are located within the CRA area. The City's limited land availability for development has been a contributing factor for the increase in higher density, multi-family redevelopment in the CRA. Table 4: Vacant Parcels in Boynton Beach as of 2005: . Under 2 Acres 2 Acres or More Total 346 5 351 72 82 154 Source: City of Boynton Beach Boynton Beach CRA Housing Needs Assessment Metropolitan Center 7 III. HOUSING DEMAND ANALYSIS Demand refers to the amount and type of real estate desired for purchase or rent in a given market at a given time. The elements that affect housing demand include the labor market and economic base, the price of real estate, household income, population and household composition, and affordability. Each of these key elements will be discussed in this section. Labor Market and Economic Base Existing Employment Base Future housing demand in the City of Boynton Beach will be largely determined by on-going and planned economic development activity that will result in expanded employment opportunities. Employment growth will occur through the retention and expansion of existing firms and new economic growth resulting from start-ups, spin-offs, and relocations to the city and the southem and eastern sections Palm Beach County. Basically, populations follow job growth and the demand for housing will be defined by the location, type and wage levels of the City and County's future employment growth. Through 2005, Florida continues to have the fastest job growth rate and lowest unemployment rate of the ten most populous states in the nation. The unemployment rate (3.6 percent) continued to remain below the national average and has remained so since mid-2002.1 Palm Beach County's 3.8 percent unemployment rate has run similar to the state and in between its tri- county neighbors Miami-Dade (4.2 percent) and Broward (3.5 percent).2 The unemployment rate (2.6 percent) for the City of Boynton Beach is considerably lower than Palm Beach County as a whole. Palm Beach County has experienced considerable employment growth in nonagricultural industries and in 2004 the county ranked 23rd among the largest 318 counties in the nation3. An analysis of recent economic growth in Palm Beach County shows most of the new job growth occurring within the County's existing industrial and employment base (see Table 5 below). The employment base of the City of Boynton Beach is generally reflective of Palm Beach County as a whole with most employment found in the Services and Retail Industries. For example, 33.5 percent of the City's employment base is found in Services compared to 36.4 percent in Palm Beach County (see Table 6 below). Healthcare and Support Services (7.4 percent), Building and Grounds Maintenance (6.3 percent) and Food Preparation and Serving (6.0 percent) comprise the leading occupations within the Services category. The City's other leading occupations include Office and Administrative Support (16.5 percent), Retail Sales (13.9 percent) and Management (8.3 percent). Table 5: Palm Beach County: Top Five Occupations by Employment and Wages, 2005 2005 Annual Median 2005 Hourly Wage Occupation 2004 Employment Income Entry Experienced Retail Salespersons 21 ,550 $21,154 7.23 15.2 Office Clerks, General 13,510 22,069 7.01 13.2 Cashiers 13,160 17,098 6.5 9.5 Waiters and Waitresses 12,930 13,354 6.1 7.3 Landscaping Workers 11,670 18,678 7.1 11.4 Source: Florida Agency for Workforce Innovation 1 "Florida Employment and Unemploymenf' Press Release. Florida Agency for Workforce Innovation. November 2005 2 Florida Agency for Workforce Innovation, Local Area Unemployment Statistics Program (revised 12/16/2005) 3 The Development Atlas of the City of Boynlon Beach, October 2005 Boynton Beach CRA Housing Needs Assessment Metropolitan Center 8 Table 6: Non-Farm Occupations for the Employed Civilian Population 16 Years and Over 2004 Management Business and Financial Operations Professional/Science Services, including: Community/Social Services Legal EducationlTraining/Libraries ArtlEntertainmentlSportslMedia Healthcare and Support Protective Services Food Preparation/Serving Building/Grounds Maintenance Personal Services Sales Office and Administrative Support Construction/Extraction Installation/Maintenance/Repairs Production Transportation/Materials Moving Total 2,374 1,132 1,372 9,534 348 293 1,245 494 2,099 708 1,716 1,784 847 3,945 4,707 1,894 1,136 1,012 1,367 28,473 19,440 20,260 22,350 187,200 5,350 6,190 17, 750 6,410 44,460 14,720 50,510 27,430 14,380 60,940 96,390 34,280 20,430 19,100 34,530 514,920 8.30% 4.00% 4.80% 33.50% 1.20% 1.00% 4.40% 1.70% 7.40% 2.50% 6.00% 6.30% 3.00% 13.90% 16.50% 6.70% 4.00% 3.60% 4.80% 100.00% 3.80% 3.90% 4.30% 36.40% i I 1.00% 1.20% 3.40% 1.20% 8.60% 2.90% 9.80% 5.30% r 2.80% 11.80% i 18.70% 6.70% 4.00% 3.70% 6.70% 100.00% j Source: Recreated from the Development Atlas of the City of Boynton Beach, October 2005. Note: Direct comparison between City and County is approximated due to variations in occupational classifications. Existing Industrial Base There are a total of 2,616 firms located within the incorporated limits of Boynton Beach, of which, the vast majority (90 percent) have less than 20 employees (see Table 7 below).4 Of these firms, the most common industries in the City are Services (42.4 percent), Retail Trade (20.1 percent) and Finance/lnsurance/Real Estate (10.4 percent) The Service Industry has the highest levels of employment (10,582) and sales (approximately $865,000,000). Within this industry, Health Services is the most significant subcategory with the highest number of firms, employment, and sales. According to the Florida Managed Care Review 2005, the Healthcare Industry in the State of Florida is in a growth mode. The review found that while HMO enrollment has dropped sharply, profits still soared due in part to six years of double digit premium increases.5 Except for Tenet Health, hospitals in the state also reported strong net income in 2004. Thus, strong hospital income also has helped to stimulate new construction.6 However, the continued growth of the Healthcare Industry in Palm Beach County has certain caveats. According to a recent study that analyzed the West Palm Beach Market, the adjacent market to Boynton Beach, an earlier trend toward greater hospital profitability in the West Palm Beach area reversed in 2004, noting that eight area hospitals are in the red.7 In particular, the 4 The Development Atlas of the City of Boynton Beach, October 2005 5 Florida Managed Care Review, 2005. Allan Baumgarten's Managed Care Reviews. Released February 2006. 6 Florida Managed Care Review, 2005. Allan Baumgarten's Managed Care Reviews. Released February 2006. 7 Study: Losses hit most for-profit hospitals in West Palm Beach. South Florida Business Journal. March 6, 2006. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 9 review cited that the West Palm Beach market shows declining in-patient admissions, service duplication, a shortage of specialists to perform high-profit procedures and increased competition from ambulatory surgery centers not owned by hospitals helped contribute to the losses. This analysis is particularly important due to the fact that a significant number of the area's largest employers are from the health care industry, and that a considerable number of Boynton Beach's residents have jobs in healthcare services. Table 7: Non-Agricultural, Establishment-Based Employment/Sales by Industry & Size, Boynton Beach 2004 Employment , ofTotal \!Ith wltl1100 N~lmbef 1 19 '!mploycc s Sales INDUSTRY 01 Flfms 1 etal Employees Of more (Millions) S FI"ms Employment Sales Construction 265 2,185 93.20% 1.50% 382 10.10% 7.90% 14.20% ManufacturinQ 107 1,392 79.40% 0.90% 122 4.10% 5.10% 4.60% Transportation/Public Utilities 78 872 80.80% 2.60% 89 3.00% 3.20% 3.30% Wholesale Trade 90 721 92.20% 0.00% 131 3.40% 2.60% 4.90% Retail Trade 527 6,721 86.10% 1.90% 701 20.10% 24.40% 26.10% Finance/Insurance! Real Estate 272 1,926 96.00% 0.00% 326 10.40% 7.00% 12.10% 10,58 Services, in which: 1,108 2 91.40% 1.40% 865 42.40% 38.50% 32.20% Personal Services 152 576 99.30% 0.00% 23 5.80% 2.10% 0.90% Business Services 178 965 95.50% 0.00% 128 6.80% 3.50% 4.80% Legal Services 57 274 98.20% 0.00% 49 2.20% 1.00% 1.80% Health Services 255 4,585 86.30% 4.30% 282 9.70% 16.70% 10.50% EducauonalServwes 30 1,186 36.70% 20.00% 125 1.10% 4.30% 4.70% Hotels/other Lodaina 12 101 91.70% 0.00% 4 0.50% 0.40% 0.20% Public Administration 48 2,118 nla nla 70 1.80% 7.70% 2.60% Other 121 984 nla n/a n/a 4.60% 3.60% 0.00% 27,50 TOTAL 2,616 1 90.20% 1.30% 2,686 100% 100% 100% Source: Recreated from the Development Atlas of the City of Boynton Beach, October 2005 Retail Trade follows a similar pattern as the Service sector having the second highest number of firms in the city and the second highest level of employment (6,721) and sales (approximately $701,000,000). The City's strength in retail falls in line with state trends that show an expanding market for 2006. According to the 2006 Industrial Outlook in Florida Trend, Florida-based retail chains are expected to ex~and despite fears that gas prices, consumer confidence, and hurricanes may affect sales. In fact, the 2004 hurricane season had little effect on Florida's population growth -the driving factor in retail.s Furthermore, statewide retail sales are expected to increase in dollars for a five-year period beginning January 2005. Industry and Employment Growth According to the Boynton Beach Chamber of Commerce, the area's top two largest employers are the Palm Beach County School Board (16,800 employees) and Palm Beach County Govemment (9,000 employees). Other leading employers include Pratt Whitney (5,100 employees), Columbia Palm Beach Healthcare Systems (4,000 employees) and Intracoastal Health Systems (3,200 employees). In fact, the Healthcare Industry has a strong presence in Palm Beach County accounting for four of the top ten employers (see Table 8 below). 8 Retail: Adding it up. Florida Trend. January 2006. 9 Retail: Dr. Location. Florida Trend. January 2006. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 10 Table 8: Area's Largest Employers, 2006 1 2 3 4 5 6 7 8 9 10 School Board of P.B.C. Palm Beach County Government Pratt & Whitney Columbia Palm Beach Healthcare Systems, Inc. Intracoastal Health Systems, Inc. Flo Sun Inc. Florida Power & Light Boca Raton Community Hospital Boca Raton Resort & Club Bethesda Memorial Hospital 21,000 6,000 5,100 4,000 3,200 2,500 2,300 2,000 1,850 1,600 Education County Government r Jet Engines Health Care Health Care Agriculture Electric Utility Health Care Hotel Health Care .-' Source: Recreated from the Boynton Beach Chamber of Business "Facts about Boynton Beach" The Florida Agency for Workforce Innovation (AWl) provides "industry projections" for delineated Workforce Regions within the state for the period 2004-2012. For Workforce Region 21 (Palm Beach County), AWl industry projections show that the occupations expected to gain the most new jobs during the period 2004-2012 are representative of the industries and occupations that currently comprise the county's employment base. As shown in Table 9 below, with the exception of registered nurses, which show the largest projected gain, Retail Sales and Service occupations are expected to gain the most new jobs during this period. Table 9: Occupations Gaining the Most New Jobs, Workforce Region 21 - Palm Beach County, 2004-2012 Re istered Nurses Retail Sales ersons Janitors and Cleaners, Except Maids and 3 Housekee in 13,884 16,658 2.50 8.83 4 Waiters and Waitresses 12,319 14,945 2.66 7.34 Food Preparation & Serving Workers, 5 Includin Fast Food 9,288 11,715 3.27 6.63 1 6 Landsca in and Groundskee in Workers 8,709 10,907 3.15 9.83 1 7 Customer Service Re resentatives 8,853 10,991 3.02 13.56 2 Sales Reps., Wholesale and Manufacturing, 8 Other 8,107 10,104 3.08 24.03 3 9 Office Clerks, General 13,291 15,236 1.83 10.99 2 10 Cashiers 12,179 13,920 1.79 8.22 2 Source: Florida Agency for Workforce Innovation, Labor Market Statistics Industry Projection Data 2004-2012 'Education Code: (1) Less than a High School Diploma (2) High School Diploma or GED (3) Post Secondary Adult Vocational Certificate (4) College Credit Certificate, Applied Technology Diploma, Associate of Applied Science, Associate Degree's Boynton Beach CRA Housing Needs Assessment Metropolitan Center 11 Wages As previously noted, populations follow job growth and the demand for housing will be defined by the location, type and wage levels of the city and county's future employment growth. The fact that the Services and Retail Industries provide such a disproportionate share of the employment base for both Palm Beach County and the City of Boynton Beach has real implications in terms of existing and future wages and housing demand. The Florida Agency for Workforce Innovation (AWl) provides current wage rate information by occupational category. The occupational wage statistics list the total number of jobs by occupational category, hourly rates and annual salaries, for salary-based occupations, based on mean, median, entry and experienced wage rates (see Table 10 below). Within the West Palm Beach-Boca Raton Metropolitan Statistical Area (MSA), in which Boynton Beach is included, retail salespersons (21,550) comprise the largest number of jobs. The median hourly rate for retail salespersons within the MSA is $10.17, which equates to an annual salary of $21 ,153 based on a 40-hour work week. Other leading employment sectors include office clerks ($10.61), cashiers ($8.22), waiters and waitresses ($6.42) and landscaping and groundskeepers ($8.98). Within the "leading employment sectors", registered nurses ($26.74) and bookkeepers and accountants ($14.67) have the highest median hourly rates. Table 10: Leading Employment and Essential Occupations by Wage Rates: West Palm Beach-Boca Raton MSA, 2005 Leading Employment (in WF Region 21) Total Jobs Mean Median Entry' Exp." 1 Retail Salespersons 21,550 $12.55 $10.17 $7.23 $15.22 2 Office Clerks, General 13,510 11.15 10.61 7.01 13.22 3 Cashiers 13,160 8.53 8.22 6.55 9.52 4 Waiters and Waitresses 12,930 6.93 6.42 6.15 7.37 5 Landscapina and Groundskeepina Workers 11,670 10.02 8.98 7.18 11.44 6 Reaistered Nurses 10,840 27.41 26.74 21.03 30.61 Laborers and Freight, Stock, and Material Movers, 7 Hand 10,740 8.78 8.43 6.70 9.82 Janitors and Cleaners, Except Maids and 8 Housekeeoina Cleaners 8,810 8.46 8.00 6.25 9.56 9 Customer Service Representatives 8,640 14.18 13.39 9.65 16.45 10 Bookkeeoina, Accountina, and Auditina Clerks 8,550 15.10 14.67 10.76 17.27 Sample "Essential" Occupations Total Jobs Mean Median Entry Exp. Elementary School Teachers, Except Special Education 5,590 $38,143 $35,079 1$31,619 $41.405 Secondary School Teachers, Exc. Soecial and Voc. Ed. 2,670 43,900 42,932 32,651 49,524 Reaistered Nurses 10,840 27.41 26.74 21.03 30.61 Police and Sheriff's Patrol Officers 2,630 23.48 23.13 16.90 26.77 Source: Florida Agency for Workforce Innovation, Labor Market Statistics, 2005 . . Entry Wage - This is the wage an entry-level worker might expect to make. It is defined as the average (mean) wage eamed by the lowest third of all workers in a given occupation. .. Experienced Wage - This wage represents what an experienced worker might expect to make. It is defined as the average (mean) wage eamed by the upper two-thirds of all workers in a given occupation. Also shown in Table 10 above is a sampling of "essential" workforce occupations. The essential workforce are those occupations that serve the educational, health and public safety needs of a community, and include teachers, nurses, police officers and firefighters. As previously noted, Boynton Beach CRA Housing Needs Assessment Metropolitan Center 12 registered nurses account for 10,840 jobs in the West Palm Beach-Boca Raton MSA, which includes the City of Boynton Beach. Teachers account for over 8,000 jobs, while police and sheriff patrol officers account for 2,630 jobs in the MSA. Significantly, the median salaries and wages for each of these essential workforce occupations fall below the median household income for Palm Beach County ($43,540) and the City of Boynton Beach ($46,709). The above occupational employment and wage statistics indicate that the labor market structure is largely skewed toward the secondary labor market (low wage retail and service sector occupations). As previously noted, these low-wage occupations offer little in terms of benefits, job security and career mobility. These occupations are also the most likely to be affected by recent changes in the real estate market. The following section provides an in-depth discussion regarding housing trends and their impact on the various occupations listed above. Real Estate Market Owner Market In the last three years, the growth in values has been unprecedented at the national, state and local level. The rapid increase in single-family home prices has been especially strong in the South Florida market. In fact, South Florida accounted for some of the highest appreciation rates in the nation and the state.'O Figure 6: Median Single Family Housing Prices by Largest Metropolitan Statistical Areas (MSAs) Year End 2003 and 2005 I_ 2003 0 2005 I $450,000 $400,000 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- I L- Source: Florida Association of Realtors West Palm Beach (62% Change) Fort Lauderdale (58% Change) Marri (57% Change) Orlando (60% Change) TarllJa (40% Change) Jacksonville (35% Change) Single Family As can be seen in Figure 6 above, the median sales price for a single family home in Palm Beach County was $390,100 in 2005, compared to $348,450 for Boynton Beach. Although the City's 10 Florida Association of Realtors' Sales Report for the Quarter ending December 2005 Boynton Beach CRA Housing Needs Assessment Metropolitan Center 13 median sales price was lower than the County's, it is important to note that Boynton Beach has a large number of age restricted units, which tend to sell below the market price. When the age restricted units are filtered, the median market price for Boynton Beach increases to $350,000. Within the CRA, the median market rate sales price was $222,500, 36 percent less than the market rate median for the City. The median sales price for age restricted units City-wide was $200,000 and $197,000 in the CRA. The lower median sale prices in the CRA may be due to the higher concentration of older homes (See Table 13 for more details). It is important to note that the greatest appreciation of single family homes took place in the CRA, with an increase of 41 percent from 2004. This unusually high level of appreciation, compared to a 24 percent increase at the County and a 27 percent increase in the City, may be attributed to the sale of newly constructed units. These units are selling at a higher price and helping to increase the value of older homes in the CRA. The price difference between new and older housing units can be seen on Table 11 below. CondominiumslTownhomes As with single family homes, condominium/town homes have also experienced a considerable appreciation in values. The median sales price for a condominium/townhome in Palm Beach County increased from $165,000 in 2004 to $215,000 in 2005, an increase of 30 percent. The appreciation was similar in the City of Boynton Beach and the CRA. The only exception was found in market price condominiums/townhomes in the CRA. Age restricted units experienced an increase of approximately 23 to 25 percent. T bl 11 M d' SIp. A 'f 2004 t J F b 2006 . . 2004' 2005' Change % Change Palm Beach Count *** $315,000 $390,100 $75,100 24% Bo nton Beach 274 000 348,450 74,450 27% Market Price 280,000 350,000 70,000 25% A e Restricted 157,000 200,000 43,000 27% Bo nton Beach CRA 156,500 220,000 63 500 41% Market Price 148,500 222,500 74.000 50% A e Restricted 174,500 197,000 22.500 13% Palm Beach Count *** 165,000 215,000 50,000 Bo nton Beach 160,000 210 000 50,000 Market Price 168.000 225,000 57.000 A e Restricted 110,000 137,750 27,750 Bo nton Beach CRA 133 000 177,000 44,000 Market Price 197,900 218,750 20,850 A e Restricted 130,000 160,000 30,000 Source: RealQuest and Florida Association of Realtors Boynton Beach eRA Housing Needs Assessment Metropolitan Center 14 Table 12: Median Price of New and Used Housing Units: 3rd Quarter 2005 Palm Beach Coun Bo nton Beach CRA* Source: Palm Beach County Quarterly Housing Report: Fourth Quarter 2005. Reinhold P. Wolff Research, Inc. 'eRA sales figures includes Age Restricted units Table 13: Age and Size of Units Sold in 2005: City of Boynton Beach Under $100,000 2 0 0 1 1 0 0 1 1 $100,000 to $199,999 163 2 100 48 13 0 0 4 146 10 3 $200,000 to $299,999 395 0 159 207 29 0 0 4 157 223 10 $300,000 to $399,999 583 1 52 444 82 4 0 4 75 370 134 $400,000 to $499,999 288 0 14 181 89 4 0 22 147 119 $500,000 to $999,999 181 0 5 67 62 33 14 29 66 86 $1 Million and Over 11 0 0 1 4 5 1 6 1 4 Total 1623 3 330 949 280 46 15 13 435 818 356 Under $100,000 77 46 30 1 66 11 $100,000 to $199,999 498 90 381 27 202 278 18 $200,000 to $299,999 627 17 348 255 7 58 365 204 $300,000 to $399,999 136 39 94 3 8 48 80 $400,000 to $499,999 20 4 14 2 3 8 9 $500,000 to $999,999 7 3 4 1 5 1 $1 Million and Over Total 1365 153 805 395 12 338 715 312 Source: RealQuest and MLS Market Trends Nationwide and in South Florida, there is evidence that the rapid appreciation in both single family homes and condominiums of the last few years has directly contributed to an oversupply of properties for sale creating significant slowdowns in the market. Factors contributing to the slowdown in the housing market include inflationary housing values, rising interest rates, Boynton Beach CRA Housing Needs Assessment Metropolitan Center 15 increases in construction costs and materials and the increasing costs associated with homeownership (taxes, insurance, etc.). These factors are indicative of issues in over-priced housing markets and will require an extended period of time for the market to adjust. Although there are signs that the housing market is slowing down, housing values are still escalating. As of February 2006, the median price of a single family home in Palm Beach County was $395,000, an increase of $5,000 from 2005. Condominiumrrownhomes escalated from $215,000 in 2005 to $235,000 in February 2006. It is premature to determine what impact the slowdown in the market will have on the City of Boynton Beach and the CRA. As such, sales trends in various housing sub-markets will need to be monitored closely over the next 1-2 years. Rental Market Coinciding with the recent surge in home sale prices, has been the dramatic escalation of rent prices throughout South Florida. In the City of Boynton Beach, the average rent for a two bedroom apartment increased from $700 in 2000 to $1,146 per month in 2005. Within the last two months of 2006, rents climbed to $1,250. which represents a 58 percent increase since 2000. Within the CRA, rents have increased from $713 in 2000 to $1275 in 2006, representing a more dramatic increase of 79 percent. Rising rent prices are attributed to the low inventory of market rate multi-family rental housing, record low vacancy rates, and the demand for rental housing by working households who are unable to afford a home purchase. Table 14: Appreciation in Rent Prices: 2000-2006 Source: 2000 Census, Realtor.com. and Palm Beach County Quarterly Housing Report: Fourth Quarter 2005. Reinhold P. Wolff Research, Inc. Household Composition and Household Income Very Low to Moderate Income Households Federal guidelines define very low, low and moderate-income as households whose incomes are at or below 120 percent of the median household income for the area (the area in this case is the City of Boynton Beach). The following describes the income limits for each category: · Very Low Income: At or below 50 percent of the median for the area · Low-lncome: Between 51 and 80 percent of the median for the area · Moderate-lncome: Between 81 and 120 percent of the median for the area Table 15 below identifies the number of Very Low, Low, and Moderate income households in the City of Boynton Beach. As can be seen, in 2005 approximately 22 percent of the households in the City and 31 percent of households in the CRA were found to be within the very low-to- moderate income categories. When analyzed by tenure, the table reveals that 28 percent of renter households in the City are very low-to-moderate income, compared to 40 percent in the CRA. Owner households that earn less than 50 percent of the AMI represent 22 percent of the households in the City and 31 percent Boynton Beach eRA Housing Needs Assessment Metropolitan Center 16 in the CRA. These figures indicate that the households in the CRA tend to have lower household incomes than the City as a whole. Table 15: Household Income by Tenure (Adjusted for 2005): Boynton Beach and eRA Inr'0'l .... I ,(. , j , "' ',VI WL d~_l -~-- <50% AMI Nery Low Income) <80% AMI (Low Income) <120% AMI (Moderate Income) <150% AMI 151% + AMI Total Very Low to Moderate Income $23,355 37,367 56,051 70,064 Over 70,064 <50% AMINery Low Income) <80% AMI (Low Income) <120% AMI (Moderate Income) <150% AMI 151% + AMI Total Very Low to Moderate Income 23,355 37,367 56,051 70,064 Over 70,064 28% 26% 20% 17% 9% 74% 40% 24% 18% 12% 6% 81% <50% AMI (Very Low Income) <80% AMI (Low Income) <120% AMI (Moderate Income) <150% AMI 151% + AMI Total Very Low to Moderate Income 23,355 37,367 56,051 70,064 Over 70,064 '2005 median income and household income estimates determined using the Bureau of Labor Statistics Inflation Calculator: http://www.bls.gov/home.htm "Households Adjusted for 2005. Source: 2000 Census Affordability Gap and Cost Burden Given the disparity between incomes and housing prices discussed above, it is important that a "Housing Affordability Gap Analysis" be performed to determine the extent of workforce housing demand. For the purpose of this study, "workforce" is defined as households that earn 120 percent of the AMI or less, as these are the households .most likely to be cost burdened by the existing housing prices. It is important to note, however, that cost burden is also evident at the 150 percent AMI range. The following section provides a Housing Affordability Gap Analysis for the City of Boynton Beach and the CRA. The analysis is also performed by target workforce occupations. "Housing afford ability" is defined as housing costs not exceeding the standard of 30 percent of monthly gross income. The computation for the housing affordability was performed using the median sales price for a single family home and condominium/town home in relation to the median household income of the City/CRA or annual occupational wage. Favorable financing terms are applied (Fixed 30 year mortgage at 6 percent interest with a 5 percent down payment) with taxes and insurance included. Debt ratios are not factored into the housing affordability calculations. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 17 Affordability Gap by Owner Households Housing affordability calculations reveal a substantial "affordability gap" for single family homes in the City of Boynton Beach, the CRA and Palm Beach County with affordability gaps ranging from $39,337 to $216,680. Although there may be relatively lower median sales prices in some sub- markets, depressed single family home values within a larger inflationary market should be viewed with caution. Depressed housing values within a geographic sub-market such as the CRA are usually indicative of substandard housing conditions or other neighborhood-related factors. The affordability gaps for condominiums and town houses in the City of Boynton Beach, the CRA and Palm Beach County are less than single family homes, ranging from a low of $13,542 (in the City of Boynton Beach for households less 65 years of age) to a high of $41,580 (in Palm Beach County). While overall affordability gaps are not as severe as those found in the single family market, they still pose a challenge to individuals who are trying to purchase a home without being cost burdened. Table 16: Homeownership Affordabillty Gap by Housing Type Based on the 2005 Median Income for the City of Boynton Beach and the Boynton Beach CRA Source: RealQuest, MLS and 2000 US Census data 'The median income for 2000 was adjusted for inflation through 2005. Affordability Gap by Renter Households In both the City of Boynton Beach and the CRA there is an affordability gap for rent when all age groups are combined. However, when households over 65 are removed from the analysis, the data indicates that these households do not have an affordability gap based on existing rental prices. If rental prices continue to appreciate at the current rate, it is likely that many of these households will also face affordability gaps in the near future. Table 17: Rental Affordabillty Gap Based on the 2005 Median Income for the City of Boynton Beach and the Boynton Beach CRA 2006 Median Median HH Affordable Rental Rent Affordability Area Income Price @ Median Price Gap @ Median 38,580 47,539 46,709 965 1188 1168 1357 1275 1275 1250 1250 Boynton Beach CRA Housing Needs Assessment Metropolitan Center 18 Affordability Gap by Occupations Applying the median single family home price for the City of Boynton Beach ($350,000), a Housing Affordability Gap Analysis was performed for a sampling of occupations that represent the majority of the workforce in Palm Beach County and the City of Boynton Beach, including essential occupations such as teachers, registered nurses and police officers. The housing affordability analysis excludes age restricted sales. As shown in Table 18 below, most of the "target workforce" occupations fall at or below the 120 percent AMI category, compared to the "leading occupations" that are all under 50 percent of the AMI. Table 18: Occupations by Area Median Income: 2005 , -. '" .,/ rr"'jr' 0", ,.j' Retail Sales ersons Janitors and Cleaners, Exce t Maids & Housekee ers Waiters and Waitresses Combined Food Preparation and Serving Workers, Including Fast Food Re istered Nurses 21,550 8,810 12,930 x X X X Retail Sales ersons Office Clerks, General Cashiers Waiters and Waitresses Landsca in and Groundskee Cooks, Restaurant Combined Food Preparation and Serving Workers, Including Fast Food Waiters and Waitresses Hairdressers, Hairst lists, and Cosmetolo ists Cashiers Retail Sales ersons Construction Laborers Elementa School Teachers, Exce t S ecial Education" Secretaries, Exce t Le ai, Medical, and Executive Automotive Service Technicians and Mechanics Maintenance and Re air Workers, General Second a School Teachers, Exc. S ecial and Voc. Ed: Re istered Nurses Police and Sheriff's Patrol Officers La ers General and 0 erations Mana ers Accountants and Auditors 7,170 X 12,930 X 2,500 X 13,160 X 21,550 X 4,060 X 5,590 X 6,910 X 2,560 X 6,750 X 2,670 X 10,840 X 2,630 X 3,900 4,960 5,180 I -1 I I I ! -----j X X X Source: Florida Agency for Workforce Innovation. Labor Market Statistics Boynton Beach CRA Housing Needs Assessment Metropolitan Center 19 Using the 30 percent affordability standard, the gap analysis indicates that housing is unaffordable for all of the occupations sampled, except lawyers. Even for general managers, the second highest paying occupation ($86,008), the affordability gap was $5,455. Low wage occupations, such as cashiers and waiters/waitresses, had affordability gaps of over $200,000. This indicates that homeownership is becoming unattainable for most one-wage earner households. Table 19: Affordability Gap by Occupations Annual lotal rv'1edian Affordable Affordabilrty Employed Illcome Home Price Gap @ Occupational Category 2004 (5 2005^ ({, Median Median' Re istered Nurses 10,840 $55,619 $217,043.79 ($132,956.21 Retail Sales ersons 21,550 21,154 72,421.54 (277.578.46) Janitors and Cleaners, Exce t Maids & Housekee ers 8,810 16,640 53,490.31 (296,509.69) Waiters and Waitresses 12,930 13,354 39,686.23 (310,313.77 Combined Food Preparation and Serving Workers, Includin Fast Food 72,421.54 76,246.31 55,396.24 39;686.23 62,044.16 La ers 3,900 107,515 434,573.80 General and 0 erations Mana ers 4,960 86,008 344,544.44 Accountants and Auditors 5,180 57,013 222,883.67 Elementa School Teachers, Exce t S ecial Education* 5,590 35,079 130,833.29 Seconda School Teachers, Exc. S ecial and Voc. Ed.* 2,670 42,932 163,821.23 Re istered Nurses 10,840 55,619 217,043.79 Police and Sheriffs Patrol Officers 2,630 48,110 185,515.57 Cooks, Restaurant 4,100 21,819 75,184.65 Combined Food Preparation and Serving Workers, Includin Fast Food 7,170 14,082 42,702.96 Waiters and Waitresses 12,930 13,354 39,686.23 Hairdressers, Hairs lists, and Cosmetolo ists 2,500 20,821 71,009.97 Cashiers 13,160 17,098 55,396.24 Retail Sales ersons 21,550 21,154 72,421.54 Secretaries, Exce t Le ai, Medical, and Executive 6,910 26,582 95,177.54 Construction Laborers 4,060 22,090 76,355.50 Automotive Service Technicians and Mechanics 2,560 32,094 118,343.49 Maintenance and Re air Workers, General 6,750 30,451 111,455.85 Source: Metropolitan Center of Florida Intemational University "Based on Median Sales price of a single family home at $350.000 Boynton Beach CRA Housing Needs Assessment Metropolitan Center 20 Affordability Gap by Households Since the occupational affordability gap analysis only reflects individual earnings, the following analysis takes into account household income. This provides a fuller assessment of households that may have more than one wage earner. As can be seen in Table 20, housing affordability does not improve when household incomes are taken into account. Even households that eam up to 150 percent of the AMI cannot afford the median priced family home without being cost burdened. Among renter households, the most affected are those with incomes under 80 percent of the AMI. These households comprise 40 percent of the renter households in the CRA. Table 20: Affordability Gap by AMI Based on Median Income of $46,709: 2005* Source: 2000 U.S. Census adjusted to inflation and development *Affordability gap was calculated based on a median sales price of $348,450 for a single family home and a median rent of $1 ,250 for a two bedroom apartment in the City of Boynton Beach. **Affordability gap for the Boynton Beach CRA was calculated based on a median sales price of $220.000 for a single family home. Cost Burden Table 21 below shows the distribution of cost burden by household income. The table reveals that 34 percent of the households in the CRA are cost burdened, compared to 30 percent in the City of Boynton Beach as a whole. Renters appear to be the most cost burdened, with 44 percent of the renter households paying more than 30 percent of their income toward housing. Table 21: Householdswith a Cost Burden of 30 Percent or More b Tenure: 2005 Total Households with a 30%+ Cost Burden % Cost Burden Source: 2000 U.S. Census adjusted to inflation *The above figures do not include households with no cash rent or without a mortgage. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 21 IV. HOUSING SUPPLY AND DEMAND IMPACT ASSESSMENT Assessment of the Balance between Existing and Future Housing Supply and Demand Rapidly escalating single family home values and rents have created a severe imbalance between existing housing supply and demand. In terms of the rental housing supply, condominium conversions and lack of production have exacerbated the growing imbalance, resulting in record low vacancy rates and soaring rents. The Housing Needs Assessment indicates that 25 percent or 5,215 existing owner-occupied households in Boynton Beach are cost burdened. There is a significantly higher 44 percent or 3,333 existing renter-occupied households that are cost burdened. The percentage of cost burdened owner-occupied households in the CRA (29 percent) is higher than the City as a whole. The CRA also has 44 percent of its existing renter-occupied households cost burdened. As previously discussed, housing demand is largely driven by economic growth (new employment) and subsequent population growth. In most metropolitan markets, the ratio between new employment and housing demand is typically within the 1.2-1.5:1 range. Historically, Palm Beach County's ratio of job growth to housing demand has been less than one. This low ratio can be attributed to the high level of service sector employment that is absorbed by existing households. The methodology for projecting future housing demand calculates Palm Beach County's population projections to 2025 for the City of Boynton Beach then disaggregates the total according to working age groups. County data indicates that the City will grow to 92,059 residents by the Year 2025. These population projections include an increase of 12,273 persons within the workforce age group (ages 20-64), including 3,377 persons within the younger 20-34 age group. A younger workforce is expected to create the demand for additional rental housing, since homeownership is unattainable for most workers. Based on this analysis of projected population and employment growth through Year 2025, there will be an additional demand for approximately 4,173 new workforce housing units (80-120 percent of the AMI) and 6,627 affordable rental housing units for new households earning less than 80 percent of the AMI. Within the City of Boynton Beach CRA, the population is expected to increase to 16,450 residents by the Year 2025. The CRA is projected to absorb 8,530 or 70 percent of the City's projected new workforce age population. This will create the demand for approximately 2,900 workforce housing units (80-120 percent of the AMI) and 4,606 affordable rental housing units for households eaming less than 80 percent of the AMI. Table 22: Future Housing Demand: 2025 Source: Metropolitan Center As previously noted in the Housing Supply Analysis section, there are currently 7,676 units in the development pipeline, 52 percent of which are in the CRA. Of the units for which price information was available, 2,575 are affordable for households that are between 120 and150 percent of the AMI. None of the projects are affordable for households earning below 80 percent Boynton Beach CRA Housing Needs Assessment Metropolitan Center 22 of the AMI. Table 23 below provides a further project description of the development pipeline for Boynton Beach and the CRA. Given the escalating values of new single family and condominium units in the City and the CRA, the current and future demand for both targeted workforce populations and larger labor force will not be addressed. Table 23: New Residential Projects Recently Approved or Under Construction Boynton Lofts Mixed Use 48 $265-$550K Jul-07 Yes W/Condos Mixed Use Total 1,120 W/Residential; Boynton Village Townhomes 458 townhm Yes And Condos 648 condos Heritage Club Mixed Use wIt Total 166 Townhomes $300k-$400k; Townhomes Condos and 96 condos Aug-07; Yes (Gulfstream Mall) T ownhomes 70 townhms Condos high $200k to $400k condos Apr-08 Mixed Use wIt 318 condos; The Promenade Residential 68 condo- winter 2007 Yes (Condos) hotel units Mixed Use Uptown Lofts @ WlTownhomes Apartment and Rents $1,300-$3,000 Apr-08 Yes Boynton Place Lofts (All Rental Barr Pro e Townhomes 180 $350-$450k Yes Ba rant Townhomes 48 $250-$3205 Yes Coastal Ba T ownhomes 64 $295,000 to $375,000 Yes Estancia Townhomes 30 Yes Gulfstream Gardens Townhomes 198 $300k and up Jul-08 Yes Ocean Breeze West Townhomes 37 Yes Seaview Park Club Townhomes 64 from mid $300k to $900k Summer 2006 Yes Bo nton Dixie Townhomes 82 $500k + Jun-07 No Montere Townhomes 300 Hi h $100s Jun-06 No Venetian Villas Townhomes 50 $200-$350s Feb-06 No Waterside Townhomes 115 $5005-$1.5 million Jun-07 No Carria e Pointe Townhomes 172 mid $200s Feb-06 Largo Pointe Townhomes 20 $200,000-$280.000 COMPLETED Parkside Townhomes 271 $177,000 to $230,000 COMPLETED The Canterbu Townhomes 155 $170,000 to $290,000 first Qtr 2006 Boynton Beach CRA Housing Needs Assessment 23 Metropolitan Center PrOject Name Project Type Number of Price! Projected eRA Units Rent Range BUild out Datf' " Townhomes Total 174 $300,000- $400,000 High Ridge Single Family 48 SF town homes $400,000- Jan-09 No 126 townhm $600,000 SF family homes Townhomesl Total 70 Peninsula at BB 40 condos Avr. $600k Oet-07 Yes Condos 30 townhms The Residences at Townhomes 338 condos, $130,000 - $200,000 condos Jun-06 Yes Marina Village Condos 12 townhm $400,000 townhomes The Arches Townhomes 378 $200k-$700k fall 07 Yes Condos Townhomes Total: 1,691 Renaissance Condos 607 condos $180,000-$280,000 condos, By phase; last No Commons Apartments 310 townhm $250,000-$350,000 townhm Dee 07 364 apts Source: Palm Beach County Quarterly Housing Report: Fourth Quarter 2005. Reinhold P. Wolff Research, Inc Housing Affordability Gap Analysis The housing affordability calculations in the Housing Demand Analysis section indicate substantial affordability gaps for single family homes in the City of Boynton Beach and the CRA with affordability gaps ranging from $74,458 to $216,680. Affordability gaps were not evident in CRA households less than 65 years of age due to a combination of relatively lower median sales prices and relatively higher median incomes. However, depressed single family home values within a larger inflationary market are usually an indicator of substandard housing conditions or other neighborhood-related factors. The housing affordability calculations also indicate that condominiums and town houses in the City of Boynton Beach, the CRA and Palm Beach County are generally more affordable than single family homes. However, while overall affordability gaps are not as severe as those found in the single family market, they still pose a challenge to the majority of the workforces who are trying to purchase a home without being cost burdened. This situation is further exacerbated by rising insurance rates and condominium fees. Housing affordability calculations for targeted and essential workforce populations also show substantial affordability gaps. Registered nurses, at the upper end of the wage scale, are able to afford a home purchase of approximately $217,000, which leaves an affordability gap of approximately $133,000 based on the current median sale price of a single family home in the City of Boynton Beach. At the lower end of the wage scale, elementary school teachers are able to afford a home purchase of approximately $131,000, leaving an affordability gap of nearly $219,000 based on the median price of a single family home. Affordability gaps for condominiums within the City are substantially less than for single family homes. However, the $222,500 median price of a condominium is still out of reach for most workforce populations. Of particular concem is the fact that condominiums appreciated by 31 percent from 2004-2005. Should double-digit appreciation continue, condominium ownership will soon become less of an option for much of the workforce. Existing single family home and condominium prices within the CRA are less than the city as a whole. The existing single family median value of $225,000 is substantially less than the City. However, age and condition of the properties may contribute to these depressed real estate values. The $218,750 median sale price of condominiums within the CRA are comparable to the City and reflect the increasing values of new multifamily projects of the past few years. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 24 Affordability Calculations and Targeted Populations Based on Existing and Future Demand Based on the housing demand and supply assessment, the City of Boynton Beach and CRA should target both the essential workforce populations identified above and those "leading occupations" that are projected to increase between 2004-2012, according to the Florida Agency for Workforce Innovation (AWl). Given the population and employment projections for the City and the CRA, it is important to identify the number of housing units currently in the City's development pipeline that fall within the estimated housing need. Table 24 below provides an illustration of the units that are currently planned or under construction and their affordability based on the housing needs assessment. Although price information was not available for all projects, the table provides an estimate of the housing units to be produced under each price category and the level of affordability. Table 24: Affordability of Units in Pipeline Based on the 2005 Median Income of $46,709 (Units in pipeline include units that are approved or under Construction, 2006-2008) Single Less than 230,000 0 Family $230,000 to $290,000 195 X $300,000 to $600,000 406 X Townhomes Less than 169,000 0 $170,000 to 299,000 966 X X X 300,000 to 399,000 260 X 400,000 or Greater 239 X Condos Less than 129,000 0 130,000 to 199,000 338 X X X 200,000 to 399,000 703 X X 400,000 or Greater 40 X Apartments $1 ,250-$1,500 183 X X X (Rent) $1,475-$1,625 385 X X Source: City of Boynton Beach >Number of Planned units only accounts for projects which had a price range that could be tabulated. It is clear that the development pipeline for the City of Boynton Beach and the CRA will not address the demand for workforce housing nor the larger affordable housing needs of its population earning less than 80 percent of the AMI. As previously noted, to address its total workforce housing demand the City will need to produce approximately 4,173 housing units by the Year 2025, of which, 2,900 units will need to be apportioned to the CRA. As previously established, the price points for workforce housing in the City and the CRA will need to be affordable for household earning between 80-120 percent of the area median income (AMI). As such, a range of affordable units would begin at approximately $130,000 (elementary school teachers) and include various price points up to $217,000 (registered nurses), which will then capture other targeted workforce groups, including secondary school teachers, police and sheriff patrol offices and firefighters. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 25 In order to address the housing demand of occupations that eam less than 80 percent of the area median income (AMI), the City of Boynton Beach and the CRA will need to apportion a significant amount of new housing units as affordable rentals. Based on the population and employment projections above, there is a need to produce approximately 6,627 new affordable renter units in the City with approximately 4,606 of these units apportioned to the CRA. Affordable rent prices would range from approximately $600-$900 per month. In total, the City of Boynton Beach will need to produce approximately 10,800 units that are affordable for households at or below 120 percent of the AMI by the Year 2025. Approximately 7,506 of these units will need to be apportioned to the CRA. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 26 V DEVElOPMEN'r FEASIBH p"u :.NAI ,.r.,I' The feasibility of developing affordable housing in a community is dependent on a number of factors, including the price of land, the costs of construction, labor and materials and available financing. In a highly inflationary housing market where housing values have far exceeded the affordability levels of the majority local households the rising cost of land becomes the single greatest obstacle to affordable housing development. Local governments can playa key role in the production of affordable housing by creating zoning incentives, providing various economic stimuli and expediting the local approval process. However, during times when the housing market is in flux with significant property appreciation and speculation resulting in a severe imbalance in supply and demand conditions, local governments and the real estate development community will need to explore the full array of options to produce an adequate supply of new affordable housing units. In calculating the demand for affordable housing and a reasonable percentage of affordable housing units for each individual project, a baseline should be determined by the number and percentage of households within a jurisdiction, whether it be a municipality or sub-area such as a Community Redevelopment Area (CRA), that fall within each income category targeted for workforce housing development. Based on the Boynton Beach CRA Housing Needs Assessment, the income categories for households and workers are captured within the 80-150 percent of area median income (AMI) groupings. The workforce housing assessment of the Boynton Beach CRA indicates that 40 percent of households fall within the 80 percent AMI income category, followed by 31 percent of households in the 120 percent AMI category and 29 percent households in the 150 percent AMI category. Therefore, to meet the affordable housing need of households within the Boynton Beach CRA, the same fixed percentage of units in each housing development would need to be allocated based on the affordable price levels of these income groups. The following development scenarios depict the feasibility of producing new affordable housing units in the Boynton Beach CRA based on the prevailing price of land and costs of construction. Scenario # 1 is a 6-story condominium mid-rise consisting of 400 units. Scenario # 2 is a mixed- use development with 300 townhouse units. In each scenario, three (3) development alternatives are depicted. In the first "market rate" option, the development pro forma shows the actual hard and soft costs of the project along with the net profit and return on investment based on project sellout. The second option "mixed-income maximum afford ability" shows the feasibility of developing the project using the maximum allocation of affordable housing units based on the income categories and price points of affordability for those households. Lastly, option three depicts the same project but with a twenty (20) percent allocation of affordable units based on the same percentages of income categories and price points. The twenty percent allocation has been viewed as the standard for affordable housing allocation per development project. Boynton Beach CRA Housing Needs Assessment Metropolitan Center 27 o o 0_ ..- o o N ..- Eo'l- Gi u .;:: Q. Gl III l'lI .c ~ ::s Q. 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APPENDIX Table 25: Census Geographic Areas that Represent the Boynton Beach CRA Tract Block Group Block Census Geo Area Area 57.01 4 4002 Block NW 57.01 4 4003 Block NW 57.01 4 4006 Block NW 57.02 2 2000 Block NW 57.02 2 2020 Block NW 57.02 2 2021 Block NW 57.02 2 2022 Block NW 57.02 2 2023 Block NW 57.02 2 2024 Block NW 57.02 2 2025 Block NW 57.02 2 2026 Block NW 57.02 2 2027 Block NW 60.02 1 1000 Block SE 60.02 2 2000 Block SE 60.02 2 2001 Block SE 60.02 2 2002 Block SE 60.02 2 2003 Block SE 60.02 2 2004 Block SE 60.03 1 1000 Block SE 57.02 1 ALL Block Group NE 61.00 1 ALL Block Group Heart of Boynton 61.00 2 ALL Block Group Heart of Boynton 61.00 3 ALL Block Group Heart of Boynton 61.00 4 ALL Block Group Heart of Boynton 62.02 1 ALL Block Group SE 62.03 1 ALL Block Group SE 63 1 ALL Block Group SE Boynton Beach CRA Housing Needs Assessment Metropolitan Center 30 Golfstream Gardens" Town homes 108 Yes Hemmingway Square Town homes 22 Yes Miller Rd Townhomes 121 Yes Oceanside Town homes 45 Yes Riviera Town homes 8 Yes Tuscan Villas Town homes 25 Yes Yachtman's Cove Townhomes 61 Yes Lawrence Road Zero-lots 90 Table 27: Projections of Housing Inventory in Boynton Beach Based on Housing Permits: 2005-2008 ...._vu...... ...JOG ._OU 2008 Single Family 13,690 14,021 14,021 14,038 Townhome 3,651 5,247 5,627 7,132 Condominium* 10,127 10,505 12,334 13,148 Cooperative 303 303 303 303 Apartments 5,467 6,005 6,369 6,773 Mobile Homes 702 702 702 702 Total 33,940 36,783 39,356 41,616 'Includes 70 Lofts "Includes 480 town home units that are pending permit approval Source: Palm Beach County Appraiser's Office, RealQuest, Permit Data and Fire Department Assessment Data from the City of Boynton Beach Table 28: Projections of Housing Inventory in eRA Based on Housing Permits: 2005-2008 L..vU..., ~UliL ~JIJ 2008 Sinole Familv 1,708 1,708 1,708 1,708 Townhouse/Attached 2-4 929 1,525 1,595 2,530 Condominium/Coop/Multi-F amily 3,827 4,205 5,017 6,235 Mobile Home Park 125 125 125 125 Total 6,588 7,562 8,444 10,597 "Includes 390 town home units that are pending permit approval Source: Palm Beach County Appraiser's Office, RealQuest, Permit Data and Fire Department Assessment Data from the City of Boynton Beach Boynton Beach CRA Housing Needs Assessment Metropolitan Center 31 Table 29: Age Distribution Age 2005 2010 2015 2020 2025 0-4 3,823 4,077 4,383 4,642 4,819 5-9 3,605 4,047 4,291 4,599 4,849 10-14 3,558 3,695 3,827 3,988 4,221 15-19 3,348 3,524 3,649 3,958 4,147 20-24 3,614 4,092 4,364 4,413 4,476 25-29 3,803 4,292 4,702 4,865 4,915 30-34 3,924 4,154 4,717 5,036 5,327 35-39 4,512 4,497 4,299 4,557 4,864 40-44 4,991 4,851 4,572 4,740 5,214 45-49 4,746 5,381 5,224 5,208 4,930 50-54 4,011 5,269 5,915 5,673 5,378 55-59 3,844 4,804 6,085 6,706 6,490 60-64 3,275 4,277 5,373 6,721 7,399 65-69 3,213 3,995 5,350 6,450 7,909 70-74 3,160 3,379 4,218 5,369 6,647 75 or over 8,955 8,441 8,224 8,802 10,474 Total 66,382 72,775 79,193 85,727 92,059 Source: Metropolitan Center, Florida International University Boynton Beach CRA Housing Needs Assessment Metropolitan Center 32 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Recreation & Open Space Element Goals, Objectives and Policies Goal 5 To create and maintain an interconnected system of aesthetically pleasing, functional, and well-maintained parks, pedestrian! bikeways, green'lMffYs, blueways and natural areas that will adequatelYirSenYe the needs of the current and future residents of thLfCity of Boynton Beach, including seasonal visitors, and speqi:f;ll groups such as the elderly and handicappedi . . ~- ';' ; ; , The City shall also ~~~t~~ue to frovide a ii~fffY of high quality parks and recrefJ-~~on.t'rllJated programs for all residents. ';1\., 1'1;:;' ~HHiI i~::..':, _ _ < ~j-t~.~.~.~ The City shall P~~~fflrl.;~ system ofl~~,~.~.ites with a variety of both user-oriented ,a. nanr~.....,.,...p...u.. r..ce basedl..~..{l. cilities and recreational _ _ ',' ,"l,'.,' _ 1(- programs to serve the ne~ff$i!~f;~1f~rentand future City residents consi~t~~t with the 5lt1-at~c 'pi~l~ated April 2007 May 2008 as defirteW.!~.the Technica;l Support Documentation. Objective 5.1 Ei~D.1ents qtHthe system sh~pjnclude: . d!!IYr,~~lffi~W~/Civ.~ci'Spaces . ".;l'H~ighbbrnloo~!rarks i~d Co~.unity Parks . Hi' spe~iij~ilrl~e Facilities . Hi~ater 1!!Bkach Access . (;reenways / Bikeways / Trails . €onservation Lands . :Regional Parks . Schools / School Parks . Private Recreational Facilities . Art in Parks and other Public Spaces Measurability: Number of facilities developed consistent with the objective Policy 5.1.1 The City shall continue to assess park adequacy, future facility needs, and user preferences and willingness to pay through, at a minimum, the following methods: City of Boynton Beach EAR-based Amendments Proposed 5-1 Date Recreation & Open Space Element Not Adopted Policy 5.1.2 Policy 5.1.3 Objective 5.2 Measurabili~{ ,;if! PolicYj~f2.1 d!IUL ':L; ":q Policy 5.2.2 Policy 5.2.3 A. Input from the City's Parks and Recreation Advisory Board, special interest groups, and public meetings, solicited biannually; and, B. Park surveys conducted on a five-year basis, beginning in February 2007. The City shall continue to provide a varie~iRf parks and recreation programs for its residents, including t~n.IC1ty's baseball, softball, and soccer p~o.~ams, and other proffli~mw for tennis, racquetball, and other activIties as needed. ,dip! ;'llllhh ') '. ''111 '.'. ;, d; I 'Ill .1L _ tL, H~,ih The City shall endeavor to in..;povp-o,rate art inl~l!lRarks and public ,- "H" ~) spa~es thr~ughout the C~Th'i1as an implementati~II~n-ategy of the Art In PublIc Spaces prog11~m. 'llIlUiP' ; "qjl;.j);jl ~;nl "n I l The City shall ensure adequ~~Hand safe public access to all existing and fUWIe City parks;rr#Rfeational facilities, and local waterways. Thiiji~Rr,t shall inclull~l~~hicular, pedestrian, trail, b' I d h a1lWlO.id, cl d""lL-.'I" . Icyc e, an an ~}1~rd,~ccess an ';~~ continue to Improve and increase acces~\to 'P'*~~ll~pd reG~~tional facilities, where available space e~~tsr!ll6'y:!I~~r~~ing adequate automobile p~~ffii~~l~~ke rack fa~l~ties, an~lbtandicap access to all existing ,,,~d plart~flff' neighbot~ood and community parks operated by 1t~,City bYi~he year 2013;1 ljHHL rH :!Hf , Th~IUrufuft#!M}UHbt~!~fP0~~ents consistent with the objective. iiOl!Hii .dlllh, 11li~l!f;=ity s~~hi.~~ptinue to pro.vide bi~e rack facilities within all par~'I~evelop~~'after the adoption of thIS Plan. )P-P iff' 8'(, "iil< le:l; By 201Wr the City shall provide bike rack facilities within all existing " neigh~prhood and community parks. Facilities shall be monitored lfflPa:rt of the on-going maintenance effort and deficiencies ~fPrrected within 18 months of the monitoring report. Private sponsorship of bike racks will be explored if City funding is inadequate. The City shall continue to examine the extent of barrier-free access within neighborhood and district parks, and deficiencies will be addressed in a Strategic Plan that sets the phasing and funding. City of Boynton Beach EAR-based Amendments Proposed 5-2 Date Recreation & Open Space Element Not Adopted Policy 5.2.4 Policy 5.2.5 Policy 5.2.7 Policy 5.2.8 Policy 5.2.9 Objective 5.3 Measurability: The City shall adopt the land development regulations to require that all future parks, and applicable facilities, include barrier-free design for the handicapped to be retrofitted, if funds are available, at a rate of three parks per year. The City shall continue to provide, contingent upon assistance or support from County and/or the Community Redevelopment Agency, a shuttle service for patrons of beacl;)front parks. The City shall ensure that futur~IHlBark sites and facility improvements provide for acc~~s1biI1:t~h, of park sites and recreational facilities to handicapp~d usersH~~.d shall ensure the adequate provision of vehicu~f),..bicycle, arttJE.:jpedestrian access ways. Through the development ()~ the. City Greenway and Bikeway Master Plan, approved in Augu$~2004, the City shall promote safe, interconnected ~.~destrian linkage~n~~r its parks and recreation network througfH1R~<?~ision of green~f:ysltrails, sidewalks, bike paths and bike lam~~)\~~~~approprikt~Wto connect each of the City's individual parks a'rttlllOOt~iti~s with schools, where feasible, to provide residents>wi~h. acc~~~H~o. pthe City's parks and schools sysrten1iSt; j .. ' 'Th:eCity s~all continue to. produce and distribute informational news~~~t~N~j~~L'P~riodicbrochures that describe the City's park and recr~ation' fadilirtiesand programs. l'hi<<'fuity~h~lt~~tablish and enforce standards and programs to ensii~~. the '~cquisition and development of park sites and recreational facilities sufficient to meet current and future demanfis. The City shall also ensure additional public access to recre~ion sites by providing parks and recreation facilities using, )~n)i;i\part, current population data and projections, and i~plementing the improvements outlined in Exhibit 2, Proposed Improvements to the Parks and Recreation System, included in the Strategic Plan. The parks system is consistent with the level of service as defined by the objective. The City shall adopt and maintain a level of service of 2.5 acres of developed parkland per 1,000 residents. City of Boynton Beach 5-3 EAR-based Amendments Proposed Policy 5.3.1 Date Recreation & Open Space Element Not Adopted Policy 5.3.2 The following are advisory level of service standards for the recreation facilities: · Baseball/Soft, Youth - 1 per 15,000 persons, · Baseball, Reg. -1 per 25,000 persons, · Basketball Courts - 1 per 4,000 persons, · Community Center (1) -1 per 25,000 persons, · Fitness Trail (2) -1 per 30,000 perso~H( · Football/Soccer Fields - 1 per 40,Q;(j)ID'pets'Ons, · Multipurpose Field - 1 per 10,q9dl~sons, · R~c~uetball Court -1 per 10~0 pers,?ffl:' · PICruC Areas - 1 per 3,00qilB~rgons, tlll!!l: . Playgrounds -1 per 4(pOO'persons, 'Iii · Shuffleboard Court:ti~i per 5,000 persons, · Pool (3) - 1 per 4(J,~I.n.~r. sons:!llll' . 'I~", ,II Ii; · Tenrus Court -1 per 2'~If?~~sOns}, · Bocce Co~rt - 1 per 25,000IW~~ons, · VolleyballlfqQjurt - 1 per 15,OOijl~~rsons, and Sk t P kllllit.!~ 65 000 'ill!>;, · a e ar 1i:Ji!~lj'.' perso~J!nllHi' 'lIb "lllill!!lllHl:n,.. '1!1''' Policy 5.3.3 The City shall es~plis,l1Jji'lIgij'ffl~~niStandards" to provide a frameVf(j)r~ of ideal stiu1Hards an8;iclassification for its Parks and ,'.", 'Ill" 'II ,1. me~re~ti~~!'~ystem. TIi~~e standards are not part of the City's ;a~~pted le~'71 of service'i~d,are utilized only as a guide for land adjh~i~ftiOI}J!~~ facility p~?Wision. They are established as part of i":> the Cl~f~lgcM:~i~~~~~i'service standards for an "Ideal City Parks d;llfUj;gf1Hl!llirPffptem';'lij~!freet ~esi11~~ts' parks and recreation needs. Elements of j jlf ';f~~jy,steritil~ud~: I.;ill! I'll' '11111111,. !llIl!I.llli" I H' " ILL' "qlllh, A. 'I ~eveloped Active Parks and Open Space (Measured by ':'t tJQS): ~h I pOAL: Neighborhood/School Parks - 1/2 - 1 mile from dll every resident 'GOAL: Community Parks - 25 - 40 acres, 25% preserved for open space, 3 miles from every resident GOAL: Community Centers - minimum of 4,000 square feet; 3 miles from every resident GOAL: Special Use Facilities (dog parks, sports complexes, etc), 3 miles from every resident B. City of Boynton Beach EAR-based Amendments Proposed In addition, the City shall set the following nomenclature for undeveloped/ passive parks and open space: Urban 5-4 Date Recreation & Open Space ElementdNot Adopted Policy 5.3.4 Policy 5.3.5 Objective 5.4 Measurability: Policy 5.4.1 Policy 5.4.L" Policy 5.4.3 Policy 5.4.4 Open/Civic Spaces; Water/Beach Access; Greenways/Bikeways/Trails; Regional Parks; Community Parks; Neighborhood Parks; Special Use Facilities; and Conservation Lands as identified on the Future Parks and Recreation System Map in the Strategic Plan. For areas annexed into the City which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service at tiIlle dfannexation shall be assumed to be that provided by existi11gipark facilities serving the area. The City shall pursue the dev\3lopment of facilltie. s consistent with Exhibit 1, Future Parks anch!R.ecreation System Mal-h .and Exhibit 2, Proposed Parks and Re<;~e#ij:8n System ImprovementsH~ncluded in the Strategic Plan which sha.]llp~ updated annually. ;';'.,"; The City shall n1~ximize the uS~\~itfublic and private resources in the provision'of recreational f~cm.ities to meet current and future demands. Percentage of increase i'fildelJelopedlpCln~i(Ulreage through the use of private and :etlUGiii!t,lonal con tributicms. . . . ~ ~ri,~ity s~~ll require the'gr()vision of recreation facilities and open spi:ld~IPY R~l~Hfi)Clgencies and private developers. ',~' :1: {. ii',; )' .. i \ ! ; 1 '!i ',Ii i,; 1 iiq~ty shcl.tll~:~wure thaNhture private, as well as dedicated areas, are developed' 'to. .. meet identified needs of residents and address geographic deficiencies. The City shall continue, through its interlocal agreement, to evaluate the opportunities for the joint use of existing public school ~ci City recreational facilities and, as new public schools are w;lanned, shall endeavor to coordinate with the Palm Beach County School Board on the location and design of future joint use recreational sites. The City shall continue to permit agreements and cooperate with private recreational organizations for use of City parks and facilities in order to provide a variety of recreational programs. 5-5 Date Recreation & Open Space Element Not Adopted City of Boynton Beach EAR-based Amendments Proposed Policy 5.4.5 Objective 5.6 Measurability: Policy 5.6.1 Policy 5.6.2 Policy 5.6.3 ;Hu;. 'f\I:\Iii dp_:.. Policy 5.6.4 Objective 5.7 The City shall continue to make parks and recreation facilities available to private and non-profit groups for cultural programs, special events and festivals, which serve the public interest. The City shall implement the approved Greenway and Bikeway Master Plan (August 2004) to ensure safe access to park sites and shall evaluate available opportunities for the acquisition and development of bike/trail networks whicp. will link park sites ,,:i> (including pedestrian and bicycle trails~;dlj;>i ~Ht The increase in pedestrian and bicycle o~J)jJ~n~'M7s. p ~_: '.' ~f :t:' l. i,;t 'qfP~, The City shall consider the c01,Wtt~~tihm of a n'~f?,rk of pedestrian, bicycle, recreational, and pwolic access trails tfi~~iHonnects to the 'd 'qpL, County's trail system.,.;:.[~W intent:: of the netwol1l1I:,:~~all be to interconnect existing parks' a~~ ~aciliti~~ ,and additionCJ.d~ecreational '1\ j ~', '; _ , ~ ~ " ' _ I' facilities for pedestrian activln~$;il\ilfhe City shall coordinate with the Metropolitap Planning Org~fition, Florida Department of ,I; "nw Transportation, ~'jl/lmJB,~ach Count}Hlfmtother appropriate agencies to study and im.ij~'lPRtions for 'o~Rw~ihated provision of an interconnected traihn,etwicYlijHllh'h . IF' \:dill"'Hlllnlllliw( . T~~!U<1nmu:!;shall appl~!Ffor ~ar}tir and other fund~ for trail .4~veloptrt~mt from the"Flonda Department of EnVIronmental :P~q~ection,'li#ther sourcesl.:?tgovemment and private grants, and possiiJ,Jy V:qjt~l;-pased refer~hda. ; :, '. " " '-'; ~:: : :: ' . ;,: - , , ,H;,., ^ i:'_i: ..' mll!1CitY;~Imll continue to evaluate and amend, if necessary, the La#~ Develqp,ll.l~nt regulations and public road design standards forq~ls~ patl1S:ktI1d/ or lanes in conjunction with roadway design li)fl) _ t and irumrovements. ".\ to: ~H The Gity shall coordinate with the Florida Trail Association, the j l tn "~imft~l; to Trails Conservancy, the Florida Department of ~\Tironmental Protection Office of Greenways and Trails and other brganizations involved in the acquisition and development of trail systems within Palm Beach County. The City shall continue to fund the acquisition and development of parks, open space and recreational facilities through the use of a variety of funding sources such as the general fund, developer commitments, grants, bonds, user fees, and impact fees. City of Boynton Beach EAR-based Amendments Proposed 5-6 Date Recreation & Open Space Element Not Adopted Measurability: Policy 5.7.1 Policy 5.7.2 Policy 5.7.3 Policy 5.7.4 Policy 5.7.5 Policy 5.7.6 Policy 5.7.7 Objective 5.8 Measurability: The increase in the number of parks, open space and recreational facilities. The City shall review the City's Recreation Impact Fee regulations biannually in order to assure that new development contributes its proportional share of the cost to expand recreation facilities. The City shall continue to pursue County, State and Federal Grants for the acquisition and development of recre~tional and open space lands and facilities. ; " , .. The City shall continue to pursue cl(}1\atiCitls"of land and matching funds to secure grants for the acquisition aricf.development of park sites and facilities. The City shall continue;j~Ht~ply thei~oncept of US~1I'!~~es to offset the cost of certain facilities ~~f~ ap~~priate. .. ';; } i~. ~ ti '. :[; f " ,"j\,,\, The City shaIL..evaluate a boriijflj~ssue to generate additional parkland, trails, 'ait~;o.pen space fuW~~l~O meet needs, if approved by a public referen<1!tiwU" ~ .i PHi; Notwit~~tanding rule~ and regtFlJtTI~ns governing the use of lands acquived .tirrough dedication or oHter means, city-owned parkland ()~.. properW'I' dedicatedf?r recreational/ park use should only be s~~mi.or cOI1werted fo~ al.t~1w-m~e use if supported by current ~eeds ana;i~~~~H~~If^~S~St IS .tlot lIsted for future development In the 'i,StrategJ,~H~lan' tHilm~lWital Improvements Program, and if deemed ':"::'~n",_ 'q~~-;'-" 'l,! ij'jril:tG~ssaryO~Q. further other goals or objectives as supported by ciH~~~t actilt~!~~jthe City Commission. . iiq I; Undeveloped lands designated for future park and recreation sites shall1::>~'protected from encroachment by adjacent development. 'The; City shall develop a system of open spaces through the p~eservation and/or acquisition of significant lands, native .habitat, and habitat of endangered, threatened and species of special concern. Increase in the amount of preservation land. Natural areas shall be preserved to the extent possible in accordance with preservation policies in the Conservation Element and Support Document. City of Boynton Beach 5-7 EAR-based Amendments Proposed Policy 5.8.1 Date Recreation & Open Space Element Not Adopted Policy 5.8.2 Policy 5.8.3 Policy 5.8.4 Policy 5.8.5 The City shall coordinate with the Florida Department of Environmental Protection and all other appropriate agencies to establish and revise regulations and programs for the acquisition of natural! environmental lands. The City shall incorporate natural open space, especially wetlands and areas unsuitable for development ~fi'? neighborhood and community parks, as passive recreation sR~te:!\l' !.n .j "I' j!1J I dhdlHl' The City shall encourage the incorp<;ufltionl~lftpen space into all new non-residential projects, in additiR~:UP, any en#fflfnunentally sensitive areas preserved. ,'illh!!" 'liWh d 'lllll.. ~n' q~{ttt ,d! ,'11lld The City shall work inp~jtt,nction'1fith the State"q~ji'i'Jorida, the South Florida Water Rtt!i'n.age~t District,it'ne Nature 'dPt,. dU.. " .t' Conservancy, the Trust for PI!i~~'Lands, and other appropriate agencies involve8. in conservation iJmilds to create a citywide open ''I'' H' '. space system andl~1gf:~,~nways/trailsK1Jt:nl1ewa.ys system. I.' ,1",;L',. .d'1111 ' di, "qn{'1pu~" 'tn~-Hti IqL ,tHHllqip:,..;PI1' 'lL... .11 l'l!!lll!l"l.ll'lli " i" !;!, II II!> ~, t 1~ r ". f ; ~ ill!' ji ! . City of Boynton Beach EAR-based Amendments Proposed 5-8 Date Recreation & Open Space Element Not Adopted City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 ~ e-o t ,...... ~ o ,.......... ~ " ,.q t.) ctJ Q). C(:l! ~i o 1:: ::>> o CQ s::::: II ...... tIJ ~ ~ ctJ ~ r-o ~ ~ o . ...... ......, ctS Q) ~ t...)! Q) ~ City of Boynton Beach Recreation and Parks Department Boynton Beach, Florida Strategic Plan Recreation and Open Space Element 2007 -2008 . ..(j( Y. . ... - IWel'4ake . life f..rt!! Boynton Beach Recreation and Pams.Department L-llY OJ 1:1oynt01l Beach Recreation and Parks Department Strategic Master Plan I. A. B. C. II. A. B. e. III. IV. A. B. C. D. V. A. B. VI. A. B. C. D. VII. Boynton Beach Recreation and Parks Strategic Master Plan Table of Contents INTR 0 D U CTI ON ................................. .... ........................... .................................. ..... 1 Overview......... ........... ..................................................................................................................... 1 Methodology ........ .......... ............... .......... ... ....................... ...................... ........................................ 3 Purpose of Plan .................... ........ .......... ........... ......... ....... ......... ......... ..... ......... ...... ................... .... 3 INVENTORY AND ANALYSIS ...........................................................................4 Parks Classifications................................................... ............. .......... ............................................. 4 Inventory.............. ................... ................... ..................................................................................... 6 Analysis.. .. .. . ... .......... ........ ....... .. .. .. .... . .. .. .. . ... .. . . . .. ..... .. .... .. ... .. ... . .. ..... . .. . . . .. .. . . . . .. ... . . . .. . .. .. . . . .. . .... .. . . . ... 9 VISION ....................... ........ ........... ........ ... ....... .... .............. ............. ....... ................. .............. 14 PARK. STANDARDS ............................................................................................ 16 Overview..... ............................. .......... .... ................................................. ...................................... 16 Description of Standards... .... .., ...... ..... ..... ......... ..... ...... ..... ........... ... ......... ..................................... 16 Needs Assessment.... ......... ... ..... ..... .......... ... ......... ... .,. .... ... ... .... ..................................................... 16 Level of Standards ... .................. .... .... ....... .......... ......... ........... ............ .......................................... 17 MAS TER PLAN .............. ... ........... .......... ...... ..... .............. .............. ...................... .... 18 Conceptual Parks and Recreation System Map....... ..... ...................... .......................................... 18 Future Park Improvements............ .......... .................. ....................... ... ....... ................................... 20 THE IMPLEMENT A TI ON PLAN ..................................................................... 28 Capital lInprovements Plan..................... .................. ........ .................. .......................................... 28 Funding Sources....... ........ ....... ................................... ............................ ....................................... 28 Comprehensive Plan ..... ................. ........... ................... .......................... ....................................... 31 Management and Administrative Recommendations ...... .............. .................................... ........... 31 VIn. PROGRA.MMIN G PLAN ...................................................................... ... ............ 38 MARKE T~ G PLAN ........... ... ........ ..... ..... ..... .... .... .... .... ........ ..... .................. ........ 38 IX. PROFESSIONAL DEVELOPMENT PLAN ..................................................... 38 X. EV AL U A TI ON .................................... ........................ .......................................... 38 XI. COMMUNITY RELATIONS PLAN ..................................................................38 XII. REVENUE PLAN ................................ ............... ........ ... ......... .................... ........... 38 XIII. NEEDS AS SESSMENT ....................... ...................................................... ........... 38 XIV. TECHN'O LOGY PLAN ...................... ............................................ ...................... 38 XV. PREVENTATIVE MAINTENANCE PLAN ..................................................... 38 APPEND I CE S . ... ...... .............................. ......... ... ... ......... ............... .... ....... ........................ 38 Appendix A Recommendations from Staff Connections regarding Organizational Structure Appendix B Revised Comprehensive Plan Appendix C 5-year Capital Improvement Plan City of Boynton Beach Recreation and Parks Department Strategic Master Plan Acknowledf!ements City Commission Mayor Jerry Taylor Vice Mayor Jose Rodriguez Commissioner Mack McCray Commissioner Carl McKoy Commissioner Ron Weiland Recreation and Parks Advisory Board Elizabeth (Betty) Pierce-Roe, Chair William Orlove, Vice-Chair John (Jay) Allard David Barie Patti Hammer John ~cVey Janelle Sloane City Staff Kurt Bressner, City Manager Wilfred Hawkins, Assistant City Manager Wally Majors, Director. of Recreation and Parks Jody Rivers, Parks Superintendent Virginia Shea, Senior Recreation Manager Mary DeGraffenreidt, Senior Recreation Manager Tom Balfe, Parks Manager Sherri Claude, Assistant to the Director Vicki Robertson, Administrative Secretary ,'~ ~()~ " \' ~....... ~~ City of Boynton Beach Recreation and Parks Department Strategic Master Plan I. INTRODUCTION A. Overview Throughout time, parks and open spaces have provided a unifying community structure and an aesthetic identity to our urban environments as well as providing recreational opportunities. While it is .difficult to place a precise value on our parks and open space systems, it is clear to all that they provide a variety of benefits that contribute to the "liveability" of our cities, such as: · Accommodate recreational activities, · Attract recreation enthusiasts, · Increase property values, · Provide public access to natural recreation areas and significant sites, · Provide and enhance animal and plant habitats, · Conserve, preserve and protect historic character, · Contribute to the city's identity and marketability, · Enhance aesthetic quality, and · Contribute to clean air and water. Parks and recreation opportunities contribute to the health of residents, provide a variety of recreational and educational activities for all ages, and preserve and enhance the quality and integrity of the natural environment. Parks and recreational opportunities are also significant in attracting visitors to the community and, thus, contribute to local tourism and economic development. When a community has a comprehensive and interrelated system of parks and recreation opportunities that responds to the needs and values of local residents, the residents support their local governments, become involved in their community activities, and reap the benefits of a "quality-of-life" community. Over the past year, the importance of recreation and parks has been even more compelling with the "It Starts in Parks" (ISIP) program initiated by the Florida Recreation and Parks Association and incorporated into the National Recreation and Parks marketing plan. The ISIP campaign is intended to better position parks and recreation in the future to be recognized and supported for the benefits and services provided by the profession. The eight (8) messages of the ISIP campaIgn are: . Personal Achievement . Sense of Community . Conservation of our natural resources . Economic development . Good health . Ties to our heritage . Respect for nature . Florida's future The recreation and parks facilities in the State of Florida generate over $34,000,000,000 ($34 Billion) annually. The profession of recreation and parks has a startling effect on the citizens and visitors to the state. This department is making sure that this message is taken into our community by implementing the ISIP campaign in the City of Boynton Beach. City of Boynton Beach Recreation and Parks Department Strategic Master Plan This Master Plan identifies the recreational needs of the citizens of Boynton Beach as indicated in the System Map and the Comp Plan and recommends strategies and actions for meeting those needs. The Master Plan identifies the actions necessary to implement the plan in order to satisfy the expectations of the community. It includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. This plan will enable the city to make the necessary changes that will help sustain an attractive and livable city. The City of Boynton Beach Recreation and Park staff prepared this Master Plan to serve as the strategic planning tool for making parks, open space, facility and recreational program decisions over the next decade. The master Plan includes recommendations that give guidance for improving programs and services, creating a financially responsible organization, making land acquisitions and protecting open spaces, improving and establishing new facilities and instituting continuous improvement processes. Through these processes, the department will constantly and consistently review community input and pro actively make the necessary changes that will help create an attractive and livable city. The City of Boynton Beach is experiencing unprecedented growth. With this increase in development come new issues, expectations and demands for expansion and protection of park lands and open spaces. The anticipation of these changes has led to the research and design of this Master Plan in the hopes that every one oithe demands are met, and that the City of Boynton Beach will continue to find itself among the best communities in the country. The City of Boynton Beach is growing and becoming more diverse in its economic development. In Boynton Beach, parks and recreation services continue to be an integral part of establishing and sustaining a higher quality of life while highlighting an image and character that is unique to Boynton Beach. To this end, parks and recreation services can affect the city by their ability to: · Provide social benefits by connecting people within the community regardless of income, background and ability. · Provide economic benefits by improving the quality of life in the community and helping to attract businesses and residents to the city. · Provide protection of the environment by establishing greenways, natural areas and open spaces managed by the city. · Provide benefits to individuals and the community by promoting physical fitness and self- improvement. The process used to shape this Master Plan included the following tasks: · Evaluating current services and operations of the Recreation and Parks Department. · Evaluating current and future needs for parks, recreation services, recreation facilities, open space and trails. · Creating equity access maps to visualize and determine gaps of services. · Developing recommendations and an implementation plan for the future that will provide the greatest benefits to the residents. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 2 B. Methodology In 2001, the City of Boynton Beach Recreation and Parks Department commissioned a Needs Assessment, which was prepared by Management Learning Laboratories. The purpose of the assessment was to determine recreation interests, facility usage, and opinion of recreation as related to the Boynton Beach system of parks and facilities. After review of the information that resulted from the study, it was determined that a master plan of the park system should be developed that would steer the direction of the acquisition and development of parks and facilities into the future of Boynton Beach. In July 2004, the firm of Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. was hired to solicit public input regarding the city's parks, recreation facilities and programs and to prepare the Conceptual Parks and Recreation System Map and make changes to the City's Comprehensive Plan that will allow the recommendations in the System Map to occur. Through a series of meetings with city staff, board members from the Senior Advisory and the Recreation and Parks Boards, and the general public, a system-wide map was developed that indicated existing parks and proposed parks, recreation facilities, greenways, bikeways and open space. Interviews were held with the City Commission, City Manager, Interim Director of Human Resources, the Planning Team and staff to determine the strengths and weaknesses of the department. Complete summaries of these interviews are included in the Appendix of this report. In summary, the participants were asked four (4) questions regarding the "ideal" park system, issues that need to be addressed, funding mechanisms and partnerships. In general, it was felt by most of the participants that the department has a motivated and dedicated staff, the parks inventory needed to be analyzed, departmental organization needed to be analyzed, funding sources need to be identified and partnerships with schools and private developers should be addressed. Using this information, the Recreation and Parks staff analyzed the current and future needs for additional staff and operating resources. Park standards, or Levels of Service, for park land and facilities were determined. Potential funding sources were identified. In 2007, Recreation and Park staff updated the Strategic Plan to show projects that have been completed since the adoption of the 2006 plan and to match the 2007-2011 Capital Improvements Plan (CIP) as adopted by the City Commission. c. Purpose of Plan The Master Plan has been prepared to address the following key goals: . Assess current needs for recreation and park facilities for the citizens of Boynton Beach. . Assess the future needs for recreation and park facilities for the citizens of Boynton Beach. . Prepare a long range, phased plan for the provision of current and future park needs. . Preservation of important natural and cultural facilities. . Provide a system of connected greenways and trails for the city. City of Boynton Beach Recreation and Parks Department Strategic Master Plan ,., -' · Provide an effective Parks and Recreation services delivery system for the citizens. · Effective management! administrative/departmental structure; o Effective maintenance system; o Land Development Regulations to provide for future park needs; o Appropriate funding program for future capital improvements; o Creation of appropriate multi-jurisdictional partnerships for the provision of parks and open space services. II. INVENTORY AND ANALYSIS A. Parks Classifications The Recreation and Parks Department, through the Strategic Planning process, has developed different park classifications. The following the definitions: Urban Open/Civic Space Urban parks will provide civic open space in the downtown area for the enjoyment of all the residents of the City as well as visitors to Boynton Beach. They serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach. These parks will serve as urban oases amongst the bustle of downtown activity. Urban parks should be located according to traditional town planning principles and good urban design. The parks will be of two types: (1.) downtown plazas, and (2.) waterfront parks. Additional urban pocket parks will be added to complement the historic urban framework. All of the urban parks should be tied together with a network of sireetscaped pedestrian walkways and urban trails. The waterfront park system will build upon and enhance the waterfront park network in the downtown. The waterfront park system will create a connected system of urban park amenities along the waterfront and provide direct access to the activities of the downtown. The park facilities and programs of the park spaces should complement the objectives of the Community Redevelopment Agency. The urban park experience should embrace the spirit of Boynton Beach as a quality-of-life destination with a quaint traditional hometown feel. Communitv Parks Community parks are typically the largest active parks in the City and serve the largest population base. They are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area for a community park in Boynton Beach should be one (1) mile. Community parks should be serviced by arterial and collector streets and be easily accessible throughout the service area by way of interconnecting trails. While community parks should be strategically located through the community, their locations can be significantly impacted by other types of parks, most notably regional or county parks, which can contain some of the same recreational opportunities provided in community parks. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 4 The optimal size of a community park should be based on the land area needed to accommodate the desired uses. Special Use Parks Special use parks are those parks with unique, specialized amenities that cater to a select group of users. In Boynton Beach, special use parks include the cemeteries, the Little League Park and Kids Kingdom. Efforts should be made to include future special uses in neighborhood and community parks rather than segregate them into separate areas. Neit!hborhood Parks Neighborhood parks will be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. They should be developed for both active and passive activities geared specifically for those living within the neighborhood service area. These parks should accommodate a wide variety of age and user groups, including children, adults, seniors, family groups, and special populations. Creating a sense of place in each park by bringing together the unique character of each site with the social character of the neighborhood will be vital to creating a successful design. Neighborhood parks should be centrally located within each service area, which should encompass a ~ mile distance, and if possible, uninterrupted by non-residential streets or other physical barriers. Each site should be accessible from throughout its service area by way of interconnecting trails, sidewalks or low-volume streets. Ease of access and walking distance are critical factors in locating a neighborhood park. A person's willingness to use a neighborhood park is greatly reduced if they perceive it to be difficult to access or not within a reasonable walking distance. Ease of access, central location and linkage to greenways are the key concerns when selecting a site. The site itself should exhibit the physical characteristics appropriate for both active and passive recreational uses. Since one of the primary reasons people go to a park is to experience a pleasant outdoor environment, the site should have some innate aesthetic qualities. "Left- over" parcels of land that are undesirable for development are generally undesirable for neighborhood parks as well and should be avoided. Additionally, it is more cost effective to select a site with inherent aesthetic qualities, rather than trying to create them through extensive site development. Given the importance of location; neighborhood parks should be selected before a subdivision is platted and acquired as part of the development process. It is recommended that 5 acres be the generally accepted minimum size necessary to provide space for a menu of activities. The site should have well-drainage and suitable soils and level topography. Ideally, it should be connected to other park system components such as natural areas, lakes, ponds, and greenways. Land within a flood plain should only be considered if the facilities are constructed above the appropriate flood elevation. Although a park size of 5 acres is recommended, the actual size should be based on the land area needed to accommodate the desired uses. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 5 Since each neighborhood is unique, input from neighborhood residents should be used to determine the development program for the park. The guidelines presented here should be used as a framework to guide program development and ensure consistency with other park system components. They should not be used as an impediment to creative design possibilities. Development of a neighborhood park should seek to achieve a balance between active and passive uses. Active recreational facilities are intended to be used in an informal and unstructured manner. Neighborhood parks are not intended to be used for programmed activities that result in overuse, noise, parking problems and congestion. Neighborhood parks should be the basic unit of the Boynton Beach park system and serve as the recreational and social focus of each neighborhood. Conservation Lands The function of an Open Space Park or Greenbelt is to provide space where people can engage in passive and active recreation, provide preservation and conservation of environmentally sensitive areas and habitat for wildlife, and to serve as corridors to effectively link park system components together to form a continuous park environment. These parks should be located in areas of significant natural resources, aesthetic landscapes, and open space. There are no specific standards for how much conservation land a community should have. Instead, it is dependent on the number and quality of natural and historical resources in the area, the public desire to preserve these valuable sites, and the willingness of the citizens to provide funds for their preservation. Water and Beach Access Parks These parks offer opportunities for access to and interaction with the Intracoastal Waterway and the Atlantic Ocean. Amenities can include kayaking and canoe launches, fishing areas, observation boardwalks, day docks, boat launching ramps, volleyball courts, picnic areas, restrooms and parking. Generally each park has its own unique features that are defined by the relationship with the water. Neighborhood and community input through the public input process should be the primary determinant of development of any park. The guidelines posted in this document should be used as a framework to guide program development and ensure consistency with the other park system components. They should not be used as an impediment to creative and unique design concepts. B. Inventory 1. Park Land a. Existing Park System City of Boynton Beach Recreation and Parks Department Strategic Master Plan 6 The current park system is made up of 32 parks, cemeteries and open spaces in the following categories: Urban Open/Civic Space Acres Nei2:hborhood Parks I Acres Bicentennial Park 0.60 Bovnton Lakes Park i 8.6 ! Edward Harmening Arbor 0.46 Civic Center 0.8 Heritage Park 0.24 Forest Hills Park i 4.8 Hibiscus Park 0.83 Galaxy Park 3.7 Kiwanis/Sierra Club Park 0.19 Laurel Hill Park I 1.26 I I Veterans' Park 0.3 Meadows Park I 7.2 TOTAL 2.60 Knollwood Park i 3.3 Pence Park I 2.9 Community Parks Acres Pioneer Canal Park , 3.2 Congress A venue Park 24.3 Rolling Green School 5.3 Ezell Hester Park 23.7 Southeast Neighborhood 2.3 Wilson Park 5.44 TOTAL 42.55 TOTAL 53.44 I , Conservation Lands I Acres Special Use Parks Acres Seacrest Scrub * 53.7 Barton Mem. Park/Cemetery 6.4 Rolling Green Scrub ** 8.0 Boynton Beach Memorial 12.41 Rosemary Scrub '" 13.4 Cemetery i Little League 12.8 TOTAL I 67.10 Kids Kingdom 0.44 Sara Sims Park/Cemetery 6.95 WaterlBeach Access Acres TOTAL 39.00 Boat Club Park I 7.9 Intracoastal Park I 9.4 I , GreenwavslBikewavs Acres Jaycee Park 5.5 i Palmetto Green 2.16 Mangrove Park 10.72 TOTAL 2.16 Oceanfront Park 10.7 TOTAL 44.22 '" Owned by Palm Beach County. Maintained by City of Boynton Beach ** Rolling Green acreage including in total acreage for Ezell Hester Park This is a citywide total acreage of251.07 acres of park, cemetery and open space lands. b. Future Park Sites The following areas are potential future park sites: Site Acres FP&L 7.14 Girl Scout 7.58 Nichols Road 14.74 Nautica Sound/Meadows I , 9.8 Quantum 17.39 Winchester 5.0 Woolbright Place 3.62 TOTAL 64.55 City of Boynton Beach Recreation and Parks Department Strategic Master Plan 7 Thus, there is a potential for 315.62 acres of park, cemetery and open space lands in the City. 2. Facilities a. Existing Recreation Facilities · Art Center o Community Center with Class Rooms · Boat Club Park o Meeting Room o Play Equipment · City Hall in the Mall o Office Space · Civic Center o Community Center with Class Rooms · Congress Avenue Community Park o Har- Tru Tennis Courts (17) o 4 Hard Surface Tennis Courts o Pro Shop o Locker Rooms/Showers · Ezell Hester Park o Community Center with Activity and Meeting Rooms and Gymnasium o Baseball/Softball Field o Basketball Courts (3) o New and Improved Play Equipment o Pavilion o Racquetball Court (4) o Tennis Court (2) o Nature Preserve · Madsen Center o Program Room o Shuffleboard Courts (16) · Senior Center o Community Center with Meeting Rooms, Exercise Room, Kitchen, Computer Room, Arts & Cr~fts Room and Game Room e Carolyn Sims Center and Wilson Park o See Future Recreational Facilities b. Future Recreational Facilities · Intracoastal Park Clubhouse o Community Center with Meeting and Program Rooms e Carolyn Sims Center and Wilson Park o New building will have gymnasium and meeting rooms o Picnic Facilities o Playground o Pool to be replaced City of Boynton Beach Recreation and Parks Department ~~~cMa~~P~ 8 a Open Play Field a Basketball Court c. Analysis 3. Park Land and Facilities a. Existing Parks and Facilities . Urban Open/Civic Space a Bicentennial Park is a passive park on Federal Highway. The park has little to attract visitors; however, it will be greatly impacted by the downtown redevelopment and will become a critical part of the urban open space of the town center. a Edward F. Harmening Arbor Park is a small passive park located adjacent to the East Water Treatment Plant. It has several species of flowing trees. Its location and lack of parking create an isolated park area with very little visitation. a Heritage Park located on Seacrest Boulevard, is a popular gathering space for neighborhood residents. There is a monument dedicated to Boynton Beach African Americans. The monument is frequently vandalized. Recent beautification efforts include the removal of the planters and installation of 35 palms. a Hibiscus Park is a small park located in the Lake Boynton Estates neighborhood. The playground equipment is scheduled for replacement is FY 2007/08. a Kiwanis/Sierra Club Park is located on Northeast 22nd Avenue and is simply a grassy area. a Veterans Park is located in the downtown core of the City. At present, it is a passive park with large ficus trees. In the future, the park will become precious green space in the urban downtown center. . N ei!!hborhood Parks a Boynton Lakes Park is located in the Boynton Lakes neighborhood and contains a playground, a walking trail and a large open grassy area. The play equipment and park furniture was replaced in 2005. a Civic Center Park is located on Ocean Avenue and has new play equipment and a maze made from shrubs. a Forest Hill Park is located in the Forest Hill neighborhood and is bordered on the west side by a sound barrier wall on 1-95. This park was built in 1972 and was showing signs of aging. The park furniture and play equipment was replaced City of Boynton Beach Recreation and Parks Department Strategic Master Plan 9 in 2006, as was the fence in the front. Plans include replacement of existing and additional landscaping in 2007. o Galaxy Park is one of the oldest parks in the system and is well used. The restroom was renovated in 2005. The fencing around the baseball fields was replaced in 2006. The playground equipment needs to be replaced in 2006/07. e Laurel Hill Park, located in the Laurel Hills neighborhood, contains play equipment, a basketball court and an open grassed area. The park was built in 1972 and is in need of renovation. Replacement of the play equipment and park furnishings was completed in 2006. A double rail fence is scheduled for installation in 2007. o Meadows Park is an extremely popular park used by city residents and school groups. While the park was built in 1994, the heavy use has created bare areas around the pavilions and courts. The playground equipment and park furniture were replaced in 2006. Because of the heavy use and enj oyment by park users, this park will require consistent maintenance and upgrades. o Pence Park is the oldest park in the system. Neighborhood residents heavily use the basketball courts. The fence around the baseball field was replaced in 2005. The restrooms were renovated in recent years. The playground equipment is scheduled for replacement in 2006/07. o Pioneer Canal Park has the only freshwater boat ramp in the park system, which is widely used. The ramp was scheduled for renovation in 2004/05 but is on hold pending scheduling of a canal dredging project by the South Florida Water Management District. The tennis courts are also heavily used. The park was not master planned and use of the property is not effective. This park needs to be completely renovated. The installation of a double rail fence, renovation of the restrooms and resurfacing of the basketball and tennis courts is scheduled for 2007. o Rolling Green Park is in the rear of Rolling Green Elementary School and was used primarily by soccer. players and cricket players. A new school is under construction and the park area is being used as a staging area. Once construction is complete, the park will be restored to a multi-purpose playing field. o Southeast Neighborhood Park is in the process of being developed. It is scheduled for completion in 2007 and will include a picnic pavilion, two tennis courts, picnic areas, walking trail, landscaping and a small parking lot. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 10 . Special Use Parks o Barton Memorial Park is a cemetery that contains early African American resident gravesites dating back to the early 1900's. It is currently closed for burials. o Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach. There are several hundred gravesites remaining and the property was replatted to identify over 300 more sites. The trees were heavily damaged by the 2004 hurricanes and were replaced in 2005/06. o Kids Kingdom Playground is a "Leathers" designed wooden and concrete play structure that is an extremely popular destination for residents, schools, camps and visitors. The structure was built in 1996 and is beginning to show signs of wear. The structure must be inspected regularly for splinters and damage. Funds are included in the Capital Improvements Plan (CIP) for annual maintenance. o Little League Park contains four (4) baseball fields that are used primarily by the Boynton Beach Little League organization. Hurricane Wilma caused considerable damage to the fields and the concession building. Extreme Makeover rebuilt Field 2 and portion of Field 3 and the concession building. The City rebuilt Field 1 and replaced the lights. Consideration should be given to accessibility codes. o Sara Sims Park and Cemetery is an older park that requires constant maintenance due to vandalism This park is in the eRA district. . Water Beach Access o Boat Club Park is located between Federal Highway and the Intracoastal Park and provides boat access to the Intracoastal Waterway and Atlantic Ocean. This park is heavily used by both boaters and park users. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated in 2004. Playground equipment is scheduled for replacement in 2008/09. The restrooms are scheduled for renovation in FY 2007. The canal will be dredged in November 2007. Additionally, Palm Beach County is providing funding for a new or renovated restroom, new picnic pavilions and improvements to the boardwalk. o Intracoastal Park, the newest park in the system, is located between Federal Highway and the Intracoastal Waterway. It is an extremely popular site that contains picnic shelters and a large, handicapped accessible play structure. A clubhouse is under construction and is expected to be completed in October 2007. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 11 o Jaycee Park is a 5-acre park located between Federal Highway and the Intracoastal Waterway. Currently, there is a bocce ball court and a few picnic tables; however, the park is scheduled for development is 20067. o Knollwood Park is a 3.0 acre park located at Lawrence Road and Meadows Drive. The newest park in the system, Knollwood was built by D. R. Horton Developers as a public/private partnership. In exchange from fill removed from the park site and used for development, the developer paid for the construction of the park. Park amenities include a pond with well planted littoral zones, a walking path, a gazebo and a small parking area. o Mangrove Park contains a 1/4 mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Trash accumulation in the mangroves is an unpreventable problem. o Oceanfront Park is the City's only beach access. It is heavily used, primarily by residents of Boynton Beach and Ocean Ridge. The boardwalk was scheduled for replacement in 2004; however, the cost of the replacement exceeded the budget. It is now scheduled for replacement in 2007/08. A design firm will be hired in 2006/07 to begin construction drawings. · Greenwav/Bikewavs o Palmetto Green Linear Park is located on the south side of the SFWMD C-16 canal. The pathway turns into several overlooks that could serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platfonns making fishing difficult. · Conservation Lands o Rolling Green Scrub is actually 5 different scrub sites located in and around Ezell Hester Park. o Rosemary Scrub is owned by Palm Beach County and is maintained in conjunction with the Boynton Beach Recreation and Parks Department. The scrub is open to the public. o Seacrest Scrub is also owned by Palm Beach County, maintained in conjunction with the Boynton Beach Recreation and Parks Department and open to the public. City of Boynton Beach Recreation and Parks Department Strategic Master Plan · Communitv Parks o Congress Avenue Community Park is home to the city's tennis complex. The fencing and lights on several of the courts were replaced in summer of 2005. A Master Plan was done for future park development that includes a barrier-free park. A fund raising campaign will be 12 conducted to raise the money necessary to build the park. There is deep water well installed by the Utilities Departm.ent on the southwest side of the park. a Ezell Hester Park is one of the largest parks in the system and the athletic facilities are heavily used. The sand volleyball courts were replaced with a large play structure in 2005/06. a Wilson Park is in the process of a complete renovation. The existing community center has been demolished and a new two-story center is under construction with completion anticipated in November 2007. New play equipments will also be added. The pool will be replaced. b. Future Parks . Urban Civic ODen Space a Woolbright Place, approximately 3 acres located on SW 8th Place and SW 1st Court, will be sodded and irrigated. Trees from other developments in the City will be relocated to this sight. The City Commission has asked for community input and feedback prior to this project taking place. . Nei2hborbood Parks a FP & L Park is located on old Southwest 23rd A venue directly south of the FP & L Substation and is bordered on the west by the E-4 canal and on the east by the CSX Railroad. This park could be developed so that access to the canal is provided. This 7.68-acre site has not been master planned. a Girl Scout Park is located on the east side of the E-4 canal and is heavily treed with mature canopy. This site also could be developed for access to the canal. A master plan has not been done at this time for this 9.73 acre site. a Meadows I/Nautica Sound Park Site is a 9-acre site that could be developed as a community park since there is no community park in this quadrant of the city; however, it is expected that surrounding neighborhoods would prefer a more passive use. A master plan has not been done for this site. . Communitv Parks a Nichols Property is a 15.4 acre site located on the west side of the Boynton Beach Mall. This site is not within the city boundaries at this time. a Quantum Park Site is a IS-acre site located in the Quantum Corporate Park east of the E-4 canal. A master plan was done for this site that included athletic facilities; however, it is anticipated that the use will change from City oj Boynton Beach Recreation and Parks Department Strategic Master Plan 13 active to passive, nature-oriented as gopher tortoises have been spotted on the site. The property is adjacent to a large conservation area, which could be incorporated into the nature-oriented aspects of the park with the addition of interpretive trails. Additionally, this park could be used for access to the canal for canoes and kayaks as part of the greenwaylblueway. · . Greenwav/Bluewavs o Palmetto Green Linear Park is planned for expansion from the existing path west to 1-95, then south to Galaxy School. Funds are allocated in the eIP for land acquisition and construction. o The Greenway and Bikeway Master Plan is nearing completion. This plan will show proposed bikeways, greenways and blueways to interconnect the various destination points such as parks, schools, shops, the library and neighborhoods. III. VISION · Ensure Boynton Beach's Recreation and Park Legacy for Future Generations o Develop fully programmed, fully operational and well-maintained parks, facilities and programs that meet both current and future park and recreation needs. o Keep the public and local leaders informed about the value, benefits, conditions and needs of Boynton Beach's park system. o Coordinate the planning, management, development and funding of parks, natural resources, trails and recreation needs and concerns with other Boynton Beach departments and city, county and regional planning efforts. o Engage the residents to become stewards of Boynton Beach's recreation and park system to help preserve the legacy for future generations. · Design, Build and Maintain Excellent Parks and Recreation Facilities o Develop a p~k system that adequately serves the citizens' current and future needs in an efficient and affordable fashion. o Develop a set of par1c design standards that preserve the quality of the recreation and parks system for future generations. o Develop each park, natural area and open space to respect the unique attributes of each site and its neighbors and according to its role in the overall recreation and park system. o Develop parks and facilities that are accessible and available to all residents. Meet and, where possible, exceed the requirements of Americans with Disabilities Act. o Use environmentally friendly, sustainable methods to build and care for parks, natural resources and recreation facilities. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 14 . Create An Interconnected Regional and Local System of Paths, Walkways and Trails for Make Boynton Beach a "Walkable Community" o Provide a safe and convenient trails system between parks, natural areas and recreational facilities, and connect them with residential areas, civic institutions and businesses. o Coordinate the development of a regional trails system with surrounding municipalities and the county. o Integrate the parks, community centers, and trails into the neighborhoods. . Provide equal access to parks and recreation programs for all residents in the City o Pursue all opportunities to provide parks and recreation services in new developments throughout the community and in natural areas. o Provide developed neighborhood parks and community facilities within a reasonable distance of every resident. o Provide a geographic distribution of parks and recreation facilities that offer equal access and opportunity for all residents. . Develop Recreation and Parks Facilities that Promote "Community in the City" o Build public plazas and "green connections" in neighborhoods and along main streets. o Provide unique public spaces that give Boynton Beach a special and attractive identity that reinforces the existing character of the City. o Partner with other public agencies, schools and private organizations to maximize parks and recreation opportunities, facilities and programs. o Provide a wide variety of arts, culture, historical and civic amenities in the system. . Provide an Appropriate Set of Land Management Regulations to Accomplish the Long Range Needs of the Park System. o Develop a long-range strategic plan for the City that enables the City to plan and develop specific future parks sites within the context of a well- orchestrated land development scenario. o Review and update the Parks and Recreation Impact Fee structure every three (3) years. o Adopt new standards in the Comprehensive Plan that will assure an adequate and appropriate parks, recreation and open space system. o Establish regulations that require new developments to provide pedestrian and bicycle access into and through the new developments. . Provide Adequate Park and Recreation Maintenance and Management o Establish appropriate maintenance standards to upgrade and enhance the level of maintenance for parks and recreation areas. o Implement a parks and recreation improvement program, including redevelopment of existing areas, maintenance, improvement and renovation of all public areas and facilities. o Maintain, secure and manage existing and future parks and open space in a manner that encourages appropriate use. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 15 IV. PARK STANDARDS A. Overview Each community is unique. Every City has its own "personality" that differs because of its demographic makeup. Due to differing geographical, cultural, social, economic and environmental characteristics, each community must select a set of standards, which best serves them for the cost of delivering those services. The parks and recreation system of a given City needs to reflect the needs of the residents of that City by setting standards for appropriate service. The standards are an expression of the essential facilities needed to provide the level of park and recreation services desired by the residents in each community. These standards are typically expressed as ratios such as acres of park per l,OOO residents or numbers of tennis courts per 1000 residents. The ratios are very useful in order to quickly assess the quantities and cost of the projected needs. Standards should be practical and achievable, and provide for equitable allocation of parks and recreation resources throughout the community. B. Description of Standards The City of Boynton Beach currently has a level of service for park acreage of 2.5 acres per 1,000 residents. It has been determined that this is an appropriate and satisfactory level of services. Currently, the City owns 245.85 acres of developed park land which is more than sufficient to meet this level now and in the future c. Needs Assessment In 2002, the City of Boynton Beach completed a Parks and Recreation Needs Assessment which indicated the following facilities were a priority with those residents that participated in the survey: . Neighborhood Parks 89% . Nature Trails 81% . Picnic Areas 80% . Playgrounds in Parks 71% . Fishing Piers 75% . Amphitheater 65% . Jogging Paths 64% . Multipurpose Fields 63% . Swimming Pools 60% . Passive Recreation Areas 58% . Greenways 57% . Senior Center 56% . Tennis Courts 55% . Baseball Fields 53% City of Boynton Beach Recreation and Parks Department Strategic Master Plan 16 . Aquatic Facility 52% . Basketball Courts 50% . Teen Center 50% . Skate Park 49% . Football Fields 47% . Boat Ramps 47% . Soccer Fields 44% . Dog Park 44% It is important that a needs assessment be completed every five (5) years to understand trends and demographic changes. This information will assist the Department in determining what park facilities and programs are needed and desired by the citizens of Boynton Beach. The City is due for a re- assessment in 2007/08 and a request for funding will be included in the Department's 2007/08 budget request. D. Level of Standards The existing Comprehensive Plan includes the following LOS. CURRENT LOS AND NEEDS 65,208 - 2004 POPULATION FACILITY CURRENT EXISTING NEED PER CURRENT LOS FACILITIES POPULATION NEED Baseball/Softball, Youth 1/15,000 6 4 0 Baseball, Regulation 1/25,000 2 3 1 Basketball 1/3,000 13 22 9 Community Center (1) 1/25,000 5 3 0 Fitness Trail (2) 1/30,000 2 2 0 Football/Soccer 1/40,000 1 2 1 Multipurpose Field 1/10,000 1 7 6 Racquetball Court 1/10,000 8 7 0 Picnic Area 1/6,000 21 11 0 Playground 1 14,000 17 17 1 Shuffleboard 1 12,500 16 26 10 Pool (3) 1/40,000 1 2 2 i Tennis Court 1 12,000 31 33 2 Bocce Court N/A 3 N/A N/A Volleyball Court N/A 4 N/A N/A City of Boynton Beach Recreation and Parks Department Strategic Master Plan 17 Based on current trends in some recreational activities and on the 2002 Needs Assessment, the following LOS are recommended. RECOMMENDED LOS AND NEEDS 65,208 - 2004 POPULATION FACILITY CURRENT EXISTING NEED PER CURRENT LOS FACILITIES POPULATION NEED BasebaIl/Softball, Youth 1/15,000 6 4 0 Baseball, Regulation 1/20,000 2 2 0 Basketball 1/4,000 13 16 3 Community Center (1 ) 1/25,000 5 3 0 Fitness Trail (2) 1/30,000 2 2 0 F ootbal1'Soccer 1/40,000 1 2 1 Multipurpose Field 1/10,000 1 7 6 Racquetball Court 1/10,000 8 7 0 Picnic Area 1/3,000 21 26 5 Playground 1/ 4,000 17 22 5 Shuffleboard 1/5,000 16 13 0 Pool (3) 1/40,000 1 2 1 Tennis Court 1/2,000 31 33 2 Bocce Court 1/25,000 3 3 0 Volleyball Court 1/15,000 4 4 0 Skate Park 1/65,000 0 1 1 v. MASTER PLAN A. Conceptual Parks and Recreation System Map The following is the Conceptual Parks and Recreation System map developed through the strategic planning process by Glatting Jackson. It is a result of the numerous meetings and the input from City staff, elected officials, board members and the public. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 18 City of Boynton Beach Recreation and Parks Department Strategic Master Plan 19 B. Future Park Improvements THE VISION: CITY OF BOYNTON BEACH'S RECREATION AND PARKS SYSTEM The Vision for the City of Boynton Beach's Recreation and Parks System is to create a green infrastructure system of interconnected pleasing, functional, and well-maintained open spaces, parks, greenways, streets, and waterways that will provide the permanent physical qualities of a great city. Implementation of this Vision will enable the City's Recreation and Parks Department to accomplish its mission to "engage Boynton Beach citizens in diverse recreational experiences, and to cultivate parks and open spaces". . Working with City staff, members of the Recreation and Parks Advisory Board, and interested citizens, Glatting Jackson first developed nomenclature for the different components of the City's Park and Recreation System including: · Urban Open / Civic Spaces · Neighborhood Parks · Community Parks · Special use Facilities · Water / Beach Access · Greenways / Bikeways / Trails · Conservation Lands · Regional Parks · Schools / School Parks · Private Recreational Facilities A long range plan was developed for each component of the System, responding to existing and projected population and demographics, lifestyles and needs. LIFESTYLES Early in the planning process, it was determined that the parks and recreation needs of City residents vary depending upon where they live. Therefore the City conducted a "Lifestyles Workshop" on November 17,2004 to discuss differences in both existing and proposed lifestyles and recreation needs in the various quadrants. The notes from the Workshop are attached (Meeting Minutes, November 17, 2004). District 1, the Southwest Quadrant, is characterized as an area of retirees living in planned communities, most of which have their own private recreational amenities; therefore the public recreation needs in this quadrant are primarily for large passive parks. It is anticipated that this demographic will change much over the next 15 - 20 years. District II, the Northeast Quadrant, is an older coastal community that is experiencing changes in its demographic mix, with more families and young professional couples moving into the area. This area of the City has more parks and recreation facilities than any other, but many need to be expanded or upgraded to accommodate increasing demands. The community stated that they also needs jogging trails, bike paths, and culturaVarts facilities within walking distance of residents as in other districts in the City. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 20 District III. the Southeast Quadrant, is also an area of changing demographics, and is the most likely area to "gentrify" in the coming years. The community's parks system needs to be expanded with more developed open space and recreation facilities to meet the increasing demand. This can be accomplished with the existing inventory. District IV, the Northwest Quadrant, is the highest income area of the City, characterized as "typical suburbia". There are not enough parks and recreation facilities to serve the youth and family-oriented lifestyle of this quadrant, and trails and bike paths are also needed to meet the needs of this growing suburban community. PROPOSED IMPROVEMENTS A Parks and Recreation System Conceptual Master Plan was developed to show the locations of both existing and proposed facilities to meet the needs outlined above. Following is a description of each of the proposed improvements. The proposed improvements are numbered to correspond to the locations shown on Parks and Recreation System Map. Urban Open / Civic Spaces 1. Bicentennial Park . Complete renovation as an urban civic space for the downtown redevelopment. 4. Veterans Park . Complete renovation as an urban civic space for the downtown redevelopment. Neighborhood Parks The City of Boynton Beach has IlNeighborhood Parks in its current Park System. As time and use have taken a toll on some of these facilities, eight (8) parks were identified through workshops and interviews as having a need for retrofitting and/or enhancement. In addition to these renovations, nine (9) parcels owned by the City were identified to be developed as Neighborhood Parks in a phased fashion in order to meet the recreational needs of the City's population as it continues to increase in the years to come. Priority of park development would have to be determined at a later date. Since the adoption of the 2006 Strategic Plan, two (2) parks have been upgraded and two (2) park sites have been developed. 3. Hibiscus Park . Replacement of play equipment . Landscaping . Park furniture 8. Retrofit Forest Hill Park . Replacement of play equipment . Resurface basketball court . Landscaping 9. Retrofit Galaxy Park City of Boynton Beach Recreation and Parks Department Strategic Master Plan 21 · Replacement of perimeter fence · Replacement of play equipment · Renovation of ball field · Picnic shelter · Arboretum . Landscaping 11. Retrofit Pioneer Canal Park · Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway · Surface parking lot · Multipurpose field · Landscaping · Park furniture 12. New Neighborhood Park - FP&LI Golf Road Park Site · Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. 13. New Neighborhood Park - Girl Scout Park · Develop park to provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. 15. New Neighborhood Park - Nautica Sound Park Site · Develop park to meet local residents' needs 16. New Neighborhood Park - Meadows I Park Site · Develop park to meet local residents' needs 18. New Neighborhood Park - WoolbrightlLeisureville Place Park Site 19. New Neighborhood Park - Quantum Community Park Site · Develop park to meet local residents' needs 20. New Neighborhood Park - Winchester Park Site · Develop park to meet local residents' needs Community Parks! Centers Out of the four (4) existing Community Parks/ Centers, one (1) was identified as having a need for retrofitting and one (1) site was identified as a potential Community Park sites to be developed as the need arises. 9. Carolyn Sims Center and Wilson Park · New community center · Replace pool · Multipurpose field · Play equipment City of Boynton Beach Recreation and Parks Department Strategic Master Plan 22 . Provide recreational access, i.e. canoe, kayak launch site, to adjacent Canal Waterway. . Landscaping . Park furniture (Note: The Wilson Park renovation is expected to be complete in November 2007) 10. New Community Park - Nichols Road Site . Develop a multi-purpose Community Park to meet residents' needs 12. Retrofit Congress Avenue Community Park . Upgrade the Tennis Center to meet residents' needs (in progress) . Boundless Playground . Boundless Center . Gardens . Pavilions . Walking trail . Landscaping . Park furniture Special Use Facilities Two Special Use Facilities are proposed to be retrofitted. Cemeteries were historically used as passive and contemplative parks. The City of Boynton Beach has the opportunity to revive this tradition and provide its residents with truly memorable and contemplative "Cemetery Parks." 11. Retrofit Barton Memorial Park . Consider developing Barton Memorial Park as a "Cemetery Park" that includes historical context. 13. Retrofit Sara Sims Park . Consider developing Barton Park as a "Cemetery Park" that includes historical context . Complete park renovation to include o New restrooms o Picnic areas with pavilions o Play equipment o Single rail fence o Multipurpose field Water/ Beach Access 5. Intracoastal Park . 7,200 square foot Clubhouse 6. Oceanfront Park . Replacement of boardwalk: . Add 2nd story to office . Enlarge maintenance building . Single rail fence . Catwalk over the dune City of Boynton Beach Recreation and Parks Department Strategic Master Plan 23 · Additionallighting · Install stairs from lower parking lot · Handicap walking to beach 10. Retrofit Jaycee Park · Provide recreational access to Intracoastal Waterway · Develop connection to Woolbright Road · Picnic shelter · Restrooms · Parking area · Play equipment · Walking trail · Interpretive kiosks · Bocce court · Boardwalk · Day docks · Open play space · Landscaping · Park furniture (Note: Jaycee Park is scheduled for development in 2007) Greenways/ Bikeways/ Trails In August 2004 the City Commission approved, in concept, the City of Boynton Beach Greenway and Bikeway Master Plan, which establishes an interconnected system of Greenways, Blueways, Bikeways and Trails throughout the City. This System has been incorporated into the Parks and Recreation Master Plan, as follows: 1. Palmetto Greens · Expand the greenway to 1-95 3. Develop FEC Corridor Greenway · Develop corridor as a "Transit Greenway" that provides for a multi-purpose recreational path, and connects to adjacent cities and park systems. 4. Develop 1-95 Corridor Greenway · Work with FDOT and the County to establish this Greenway, including a paved multi- purpose path, shade trees, benches, bicycle stands, and signage. 5. Develop Intracoastal Waterway Boardwalk · Develop a pedestrian, recreational promenadelboardwalk along Intracoastal Waterway connecting Woolbright Road and Jaycee Park. 6. Develop Shaded Bikeways Program · Enhance roadways throughout the City to create a system of tree-lined boulevards, avenues and streets that link neighborhoods, parks, and commerciaVemployment areas, and safely accommodate motorists, cyclists, and pedestrians. City of Boynton Beach Recreation and Parks Department Strategic Master Plan 24 7. Develop Recreational Greenways . Develop recreational greenways along Canal R.O.W., Utility Easements, and any available vacant parcels as a means to create citywide "Green Infrastructure Network." Conservation Lands The current Park System provides residents with three conservation sites: Rolling Green Scrub, Rosemary Scrub, and Seacrest Scrub. One (1) additional parcel was identified through the interviews and workshop as potential conservation sites that would provide residents with additional passive and educational recreation experiences: 5. Nevv Conservation Land - Quantum Conservation Site (Private) o Acquire site and develop along with Quantum Community Park to create larger and more influential environmental park. Schools/ Religious Institutions Schools and religious institutions provide opportunities for public/private partnerships to meet community recreation needs. Three potential sites for partnerships include: 9. Rolling Green Elementary School/ School Park 10. Temple Beth Kodesh 11. New Congress Middle School/ School Park Private Recreation Facilities Similar to most counties and cities of South Florida, the City of Boynton Beach is comprised of many private and gated Planned Unit Developments (PUD), condominiums, and apartment complexes. Many of these developments provide their residents with recreational facilities and amenities in the form of community pools, playgrounds, sports courts, etc. These facilities, although private, help meet the recreational needs of City residents. Additional Planning, Code Revisions Each of the facilities outlined above require further planning and design in order to be implemented. Additionally, the City needs to adopt its Greenway Plan as part of the City's Comprehensive Plan, and revise the Land Development Codes to require the implementation of greenway segment and/or neighborhood and community parks as part of the development approval process. COMPLETED IMPROVEMENTS The following improvements were made during Fiscal Year 2005-06 and 2006-07. Community Parks City of Boynton Beach Recreation and Parks Department Strategic Master Plan 25 Ezell Hester Park · Playground equipment · Park furniture Neighborhood Parks Boynton Lakes Park · Replacement of play equipment · Landscaping · Park furniture Laurel Hills Park · Single rail fence · Resurface basketball court · Replace basketball standards Meadows Park · Replacement of play equipment · Landscaping · Park furniture Forest Hill Park · Replacement of fence · Park furniture Retrofit Galaxy Park · Park furniture Retrofit Pioneer Canal Park · Resurface tennis courts · Single rail perimeter fence · Renovation of restroom · Resurface basketball courts New Neighborhood Park - Knollwood Park · Walking trail · Gazebo · Littoral plantings · Parking lot · Landscaping · Irrigation New Neighborhood Park - Southeast Neighborhood Park · Picnic shelter/restroom · Two (2) pavilions · Two (2) bocce ball courts · Play equipment City of Boynton Beach Recreation and Parks Department Strategic Master Plan 26 . Walking trail . Parking lot . Landscaping . Irrigation Special Use Facilities Boynton Beach Memorial Park . Re-landscaping Little League Park . renovated irrigation . Replacement of lighting system . Renovation of four (4) fields . Renovation of concession building . Painting of restrooms and dugouts . Landscaping Congress Avenue Community Park . Landscaping around tennis courts . Removal of exotic plant material . Replacement of landscape buffer Urban Open/Civic Space Heritage Park . Removal of planters . Installation of 3 5 palms WaterlBeach Access Parks Oceanfront Park . Paint all buildings . Replace lifeguard towers City of Boynton Beach Recreation and Parks Department Strategic Master Plan 27 City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies To develop and maintain the Coastal Management area in a manner which protects hum.an life, limits public expenditures in areas subject ta:iif~ction by natural disasters while preserving J1*ach,shoreline, marine, wildlife, and recreational r r Goal 7 Policy 7.1.4 The City shall continue to require building construction techniques in accord with the 2004 Florida Building Code. Policy 7.1.5 The City shall continue to enforce all regulations pertaining to the State's Coastal Construction Line. The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental 7-1 Date: Coastal Management Element Ordinance: Objective 7.2 City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Number of measures initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.7 - - ~ . "'the City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth and the Intracoastal Waterway. Objective 7.3 Through the long term planning horizon the City shall reduce levels of wastewater pollutants flowing into oceanic waters. Measurability: Cessation of wastewater discharge into oceanic waters. City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 7-2 Date: Coastal Management Element Ordinance: Policy 7.31 By December 2008 the City shall increase the capacity of its reuse distribution system to 8 MGD, and participate in the expansion of the Regional Wastewater Facility's Reuse Water Treatment system to increase the plant's generation capacity to 100% of capacity thereby reducing the discharge of wastewater to the Atlantic Ocean during dry weather.. Policy 7.32 By December 2008 the city shall partici atejn the development of a deep well injection facility at the Re' Piant thereby ceasing the discharge of all wastewater efflue _, _ Atlantic Ocean during wet weather. -=.F ~...: ,..;. -, ...---. ..-..;... -..' ~ ~ -.. ~ ~ -. - Objective 7.4 Subsequent to Plan ado~,''8t*hen maili~led by state statute, the City, in cooperatio ~'th Fed~ral, State, L:~!y, and adjacent governments will p nd re~e the exis[lij; .(Jiastal dune system and beaches alon~e ~...beachfronfE.ifid establish standards to minimize the b~nd June impacts of man-made structures.~_ ....... . Measurability: Amount of coasta~. · . _ . red and protected. Policy 7.4.1 T~ shall conh~e co~\~ith the Coastal Council and ..~her . ...Jlcies to &ntify COJjfty, State and Federal grants -..e~ilable~r establishi~::.a l~cal dune protection program. Policy 7.4.2_. tinue t~'llLVestigate the feasibility of requiring all _ '. beac s lor:aUtD:1~be converted to dune cross-over structures -- -, ", '- ~ . . ~ for ell~~ting walkpaths to be restored and vegetated. ----, - -, ~ ~'_. "'" -', -- P61;~.3 ... "\,..........'........ ~:: a~~~~~~n~~:~~ ;~n~:~~:::::o:;:~~s :od:~~~~~:;~~ ... .... .. .. have :&0 significant negative impact on reefs and other living ~::.. resources. . Policy 7.4.4 .~ City shall continue to provide resolutions that support and ':"'inaintain improvements of South Lake Worth Inlet to minimize beach erosion. Objective 7.5 The City shall continue to limit public expenditures in the coastal high hazard area by restricting expansion/improvement of the City's existing utilities except for those necessary to serve planned development, to improve environmental quality, or to serve redevelopment activities. City of Boynton Beach EAR-based Plan Amendments Amendments 08-0 I 7-3 Date: Coastal Management Element Ordinance: Measurability: Annual review of public expenditures for utility systems upgrades in the Coastal High Hazard area. Policy 7.5.1 The City shall continue to adopt and maintain procedures to provide funding for utility and road maintenance primarily with respect to existing needs and redevelopment activities. Policy 7.5.2 The City shall continue to adopt and maiiitain procedures such that future capital improvements shall,,~.' ~nted to maintaining adopted Level of Service standar<:L~lanned uses or to improve local environmental quality, or ~rve~evelopment activities. ,.01. '-. ~ ~~ -. -- - Policy 7.5.3 The City shall contin~to~eitiorce ffi~. land development regulations that requir~ture h02.k-ups to tlit'~::Gih' water system be restricted to user~e eith~on or will f.i~k-!!p within a time specific period to a safl,i:l:li1'Y s~l.:~stem. ... .. ---... - "" - - - - ... Objective 7.6 The City sh~ntinue to pro~.~ for the local implementation of the Count~ency Prepat...."J'\ess Plan with respect to residential no~cat~ evacuatio)'l .~d City management techniques, with 1!articl~!~i~hasis::rowards the City's multi- f~ and mobileikot.1lP'are~gh an interlocal agreement, .:tihd to iJUpurage pu~ particip!fiOn in the planning process. - - - -, - - - .... ~ - ': - Measurability: ""1" ~~{going ~rdination witir:tJze.J?alm Beach County Division of Em"iC17ij3"&ml.gement. JiF _u _' - ,.....- P~li~....6.....:1 ~p CHJ~J",all establiSh and maintain procedures to maintain local ~ . efiH1:gency!~rtices personnel familiarity with Palm Beach Co '5 IS ado'pa Emergency Preparedness Plan. Policy 7.6.2 . .. The CiY shall continue to provide support and input to the County . .. datagjSe regarding emergency preparedness targeting resident ~~s, and to seek cooperation and assistance in updating :::l!f"ocedures contingent with population growth in the coastal area, 1md when possible, request public input in the planning process. Objective 7.7 The City shall maintain or reduce current estimated hurricane evacuation times if development increases. Measurability : No negative impacts of new developments on estimated hurricane evacuation times. City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 7-4 Date: Coastal Management Element Ordinance: Policy 7.7.1 The City shall continue to enforce procedures to maintain local emergency services personnel familiarity with Palm Beach County1s adopted Emergency Preparedness Plan. Policy 7.7.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. - - - - - - - - - - - The City shall continue to review exi~ evacuation routes and deficiencies as noted in the Hurric~EvM:uation portion of the Coastal Management Element,~y three years, and if appropriate, initiate amendm~ of~.. Regional Plan to Palm Beach County Emergency M~*,A~ent p~nne1. -............ ~ -- - -",'" The City shall prov~nput- to the C~1.J.~s informational program which identtfi~ locati~and magnit1~lkaf7the coastal area population requiring a:S&ii!an~ll~_vacuation. ..::::- -',-_.-- --~ - ^;~:..... ., - ',,' " The City shaB.;adopt the pertine...policies on hazard mitigation that are deriv . the Palm BE!~~ C01.1nty Hazard Mitigation Working Group.\. . .~._..- igh-Haz~~ea-P;;-~ion densities shall not be crea bove the ember th~n be accommodated by streets ....;;.~d roadi!n the even~at hurri"cane evacuation is necessary and - su,JI be iinited to thoi:a.ueas that are planned to accommodate sum~ t thr~h the provision of adequate public acili'fi..,and sel'V~ ... Such development must meet minimum -.::aI!andarJ. .'or High Velocity Hurricane Zones as required by the fY1iiJia BU~J...code. ~- - - - - - -: - Num1g; of ceffijicates of occupancy denied for failure to meet minimum standiiiils for High Velocity Hurricane Zones. ity shall adopt the definition of the Coastal High-Hazard ea as the II area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge mode1." Policy 7.7.3 Policy 7.7.4 Policy 7.7.5 Objective 7.8 --- - - - Measur~:,..,. Policy 7.8.1 Policy 7.8.2 The City shall not approve any increases in hotel! motel and residential densitites in the Coastal High-Hazard Area that would increase evacuation times above the adopted level of service for out-of-county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 7-5 Date: Coastal Management Element Ordinance: The City shall annually demonstrate hurricane shelter space availability for at least 20% of the population increase within the TCEA associated with hotel! motel and residential developments within the hurricane vulnerability zone. In the event the City is unable to satisfactorily demonstrate hurricane shelter space availability, the City shall coordinate with Palm Beach County Emergency Management and the Red Cross to provide adequate hurricane shelter space within a timely nfanner. The City shall also participate in a long-term, Coun~e,~omprehensive shelter program coordinated with public~-';a.te, non-profit organizations to ensure adequate shelter spD is a:tlailable for the long-term needs of the TCEA and the C'e~, · -- - - --- - - -- - ..-...... ~. ~ ",._,'" The City shall discour~hospital~ congrega[~ .1;iY"ing facilities for persons with specia~n~ nurs.. homes, atnlthe-like from locating within Coastal ~H~a~ea and Sjml encourage such existing ~ilities to reloc~ safer locations $ithin the City. The City sha~ue to provl;~: for. the phasing of urban services consistatt ~e Level ~ice Standards of each Co~rehensive ~ EI~~ _=' ~-- ~ ~ -=-~ ~ontin~aintenan~tJ1e concu~cy ordinances. - - -, ' - - - -, - .-- - = - ~- - - - Policy 7.9.1 .., liiii~ City j!lall continue~ implement procedures to maintain and _. mOi;~IIDr~il'l'p: interlo~agreements for provision of water and ~.. ~ewer m:rvice wt~ent municipalities and the unincorporated ~ ~ - '-- ~ -ai'lla.-=- - -- - - ~ - - -,..., - -- -..-.. ........ POficJ':~;22 Th~ty shai:=e<mtinue to establish procedures to coordinate and partifi?ate iffiong term area-wide planning efforts for provision of solid ~ste resource recovery and regional sewage disposal. Policy 7.8.3 Policy 7.8.4 Objective 7.9 Measurability: Policy 7.9.3 Objective 7.10 Measurability: Policy 7.10.1 - - - - l' ity shall continue to adequately fund local maintenance and ~eration needs with respect to storm drainage. The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Number of acres of habitat protected. The City shall continue to discourage site clear-cutting and protect, restore and enhance, where possible, existing natural areas and City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 7-6 Date: Coastal Management Element Ordinance: The City shall continue to assist witii:Jhe mitigation strategy programs of transplanting seedling~ reo.:s-mangrove and marsh grass into the intertidal mangro:..siib. . ..... . The City shall continue to c~~~e witIme. appropriate agencies on the installation of ch~ marKers to pt~.!'t sea grasses from prop dredging....:: .~.. ~. ~ ~ -..- ~ ,"-",.. '-"-:'.:.. :'"'-.,, -::" The City shall continue & de~~_and supp~ educational programs, enhancements, ~ft&'""" proper maintenance of the Mangrove M""'8re Trail and Ni~1.re Center in the mangrove hammock adj the easteriii;;:;~rminus of Boynton Beach Boulevard. .. . . . .... . - -"":' " ~ ----.........- -, ~ - ,i;...",,',. ,', ..;::::" shall conl!P~~ ~{he use of native vegetation ecies f@!.neeting 10Cifiandscap~ requirements. · ..... City ';all continu;~.BNiorce the establishment of buffer areas a J _ ral aJiirs and mangrove sites, open space ~. ~rov1511~, tl-ee' p~ibn, storm drainage, and best management 3' .l!~~cticei_d amend to comply with policies in this Element. ~, ': . - "', ---i.-...", ....- -.',." -,-,""""'" Policy ~~~.8. .... ..... E'j~;~~;~'~~E~~:~!:{::'~res~: d:'~:~-:;; Policy 7.10.9 ity shall continue to support and cooperate in efforts to serve and encourage turtle nesting along the City's beach area. Policy 7.10.2 Policy 7.10.3 Policy 7.10.4 Policy 7.10.5 Policy 7.10.6 Policy 7.10.7 Policy 7.10.10 Objective 7.11 native species, such as beaches and dunes, wetlands, estuaries and drainage systems. The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. The City shall continue to search for opportunities to increase the amount of water dependent and water related uses and public access to beach and shoreline facilities by prioritizing shoreline uses with priority given to water dependent uses. 7-7 City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 Date: Coastal Management Element Ordinance: - -"- - - - - - - The City shall continue to provi~tingent upon assistance or support from County and/ oT~e ~munity Redevelopment Agency, a shuttle service forA~ of bE!~front parks. -- - - - - - ~ .~ -- Subsequent to Plan ad~on, the ~ity shall aaijf~ and implement the land use and zo~~omme~tions outliJ.~i1l:::.the Coastal Management Element. -=- ~ _ -- - - -=- - The City shalf'.:"onsider, cognizd~~'Qf impacts to established uses, criteria for ma~.u~' ,iting to give ~~ority~ to development plans which increase ~~k'raction w~ waterfront. The City shall consider de~opin~c~tandards which guide the ~~proposal~~res~- -- - ~ - - - - - -. - .-.: - - - - - - e Ciiji shall consue to ~nforce the Land Development latiqiS to enforce~nB1ic access to beaches renourished at pui~m.. e;;:-m;... ~d enfcB!'C:e the public access requirements of the - C oas'fiif:Kone 1-'hj~lAct of 1985. - ~,- -- - - '- ,~ ~ -', - -......... - -'- o~.ve. .7 .1 2. T:a:e City s"liil:.coatinue to protect, preserve and/or provide for the sensflve reupof historic properties in the Coastal Management area. ~ :- Measurability: .. ... Contiiiffted maintenance of land development regulations encouraging ~ation ofhistoric resources. iiistoric resources identified in "The City of Boynton Beach Historic Sites Survey" which are eligible for local or National Register listing shall be incorporated into the Future Land Use Map series and shall be protected from development and redevelopment activities. Measurability: Policy 7.11.1 Policy 7.11.2 Policy 7.11.3 Policy 7.11.4 Policy 7.11.5 Policy 7.12.1 Policy 7.11.2 Increase in the number of water dependent and water related uses during the planning period. The City shall continue support, through resolutions, area-wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. The City shall continue to solicit input form local historic preservation groups in updating the lists and maps of historic properties contained in the completed historical survey. The City Commission shall adopt any revisions to the lists and maps of 7-8 Date: Coastal Management Element Ordinance: City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 historical properties, which are shown in the historic survey and the Comprehensive Plan, for recording with the Florida Master File. Policy 7.11.3 The City's land development regulations shall continue to provide protection for listed historical resources. Objective 7.13 To provide for the ongoing developll'l_, of the coastal area in a manner which will reduce the expo~ or-human life and public and private property to natural~ds by developing a Post- Disaster Redevelopment Pla~.. ~ . .... ...... Measurability: Adoption of a Post-Disaste~~v~Pinent Plarh--> .. Policy 7.13.1 The City shall contimre ~~~)tilize ~. Communit~~~~d~velopment Area Plans, the Future Larl.WJW~e ~;:;snd reconun.jj;idations from the adopted redevelopmen~ng studies as oasis for_a post- disaster rede~o ment plan fo blishing construction criteria and siting re ts for use --!edevelopment of existing developed prop _ "--:""'effort wiJij~(Lihclude a review of the Coastal Construct:iB.n Bu~de, @"'Current Flood Protection _ e, the Fuhi'ir 6ijiild ~j Community Redevelopment ffigenc~ans, and ~er perti~t recommendations from the _~ederal ~ghway Coiiidor Community Redevelopment Plan" and I&pde qj1:eria to disti~~ between immediate repair and long- ___ te ~.f~~E"nt. ;;;-- 11 :..,. , ~, ._ - - _ Ci~~ll conti~u~ to adopt and maintain procedures in capital il~vemc1"lt funding that prohibit the construction or installation of ic infrBfi'ucture in coastal high-hazard areas or flood prone area ...... ess necessary to correct current deficiencies, to relocate or repladi infrastructure, or to serve a clearly demonstrated public in~. e City shall continually support redevelopment subsequent to a fuajor storm occurrence consistent with the uses, densities and construction practices as outlined in the Coastal Management Element, the Post-Disaster Redevelopment Plan, when available, or other coastal related regulatory documents in the event that a specific Post-Disaster Redevelopment Plan is not created. Policy 7.13.3 Policy 7.13.4 The City shall modify the Land Development Regulations to provide for general hazard mitigation, include recommendations of the Palm Beach County Hazard Mitigation Annex, as applicable, regulate beach and dune alterations, stormwater management, 7-9 Date: Coastal Management Element Ordinance: City of Boynton Beach EAR-based Plan Amendments Amendments 08-0 I sanitary sewer and septic tanks, and land use to reduce the exposure of natural hazards to property and human life. Policy 7.13.5 The City shall include in the Post-Disaster Redevelopment Plan the identification of areas requiring redevelopment, the elimination of unsafe conditions and inappropriate uses. Reference should be made to the Future Land Use Map, Community Redevelopment Agency plans, and to other pertinent ~mmendations from the "Federal Highway Corridor Co~ty~edevelopment Plan" planning study. ff" .... . Objective 7.14 By 2013, the City slt4l ~ini population concentrations in the cori8it-nazard --. '. -. Measurability: Number of programs imtLatij~'j:€Juring ~lanning petiH:.o111:led at meeting the objective. . ~ ~ =-. ..--. -...- ..::::' ~~- Policy 7.14.1 The City shal_ement by 201~, t.he post-disaster redevelopment plan and p~es for egtll'~Jishing construction and development cri~i~oastal higfi~~ard area. . :. -:-".> ::: Policy 7.14.2 ~hall proh~t ol~eiopment of existing dwelling ..:S}iinits l~d in the ~stal high-~ard area unless an engineering _~dy suiiorts that th~edevelopment can occur in a safe manner . _en co1j!dering buildi.,.g..oConstruction, design, siting and future stOii'i'f.l rV(l.~nl . :- ----.. """'"""'" -=-- * - - - ~t': 201~ City, in a joint City-County effort, shall establish a pill'~I:ic1 pri~lanning initiative to guide post-disaster activities. - - -, - ~ =- _ By 2Bi3, the 'E:ity shall establish a publici private planning initiative · . that citains assistance with possibly overwhelming demands on .. ... . p~iEService during the post-disaster redevelopment activities. - - - - - City of Boynton Beach EAR-based Plan Amendments Amendments 08-01 7-10 Date: Coastal Management Element Ordinance: City of(!i8o~'I1I~on Beach Ct9mpf:'e., nsive Plan Coastar~ahagement Ele Support Documents based A., Augq!f City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Coastal Management Element SUPPORT DOCUMENTS INTRODUCTION The Coastal Management Area (CMA) for the City of Boynt9lill~each has been redefined since the adoption of the 1989 City of Boynton BeacltllLofuprehensive Plan. The boundaries of the area now extend from the northern t9i~~~,southem corporate limits of the City and from the Florida East Coast Railrf?t#f ri~1t~1o,f-way eastward to the Intracoastal Waterway in addition to approximat~yi3~37 act~klof privately-owned and developed land on the barrier island. This la~~:!lIlMs;~onghly 3981~it of frontage on the Atlantic Ocean and 1,270 feet on the easte~iside of the Intracoastal Waterway. The mainland part of the CMA has approxima~~i~I~.8 mile~;~f frontage ~ltil~!7 western side o c, t ' t ;: ... ~ { i ' , t \ I ;." , of the Intracoastal Waterway (Map 7-1). 'l'lIln; . :llip: ' Iii Considerably reduced from the fqnm~~ Coastal Man~mr.ment planning area of 1,256.2 acres, the redefined area contains ai~t~p9f.733.34 acreslm{Jan~ and includes both the Hurricane High-Hazard Area (defiri~p 'aIs;:a~n,,:below theH~lrvation of the category 1 storm surge line as established by a S~fl' La:Ke)a~Overlflnd Surges from Hurricanes (SLOSH) computeriz.~ctts~m-]~ surge m\q<i,~niWhicW!m~n~'easterly of Federal Highway (U.s. 1) and also t~i:categor~B15 storm surge area whidi lies easterly of the Florida East Coast Railroad ,(~mlii~ight-of1tray. Map 71~i shows the storm surge areas for Category 1, Category 3, and (!j~n:rgory ~Lstorms. Flooct>~ones for the Coastal Management Area ^t~dP; j<<1.']}qr _ qh, are shown on,Map 7-3~'llBlJill!I!!llllqllk, "di ,;I!Hli!1Hl!!!lH!llt!!: 'iill!I!!!:' Q'i!Jl1!iliHIHi ' There~ne no mobiie'll()me pankS in the CMA. Three that formerly existed have been removed and their' pft;>ferty. lncluded in redevelopment projects. There remain, however, three congrega~~.living facilities: American Habilitation Service, Inc. operates a 24 bedin.1.il:sing facility om SE 4th Street; The Gardens of Boynton Village East, located on South Fede~fl Highwa~;, is a 127-bed nursing facility; and Rustic Retreat is a 30-bed facility on NottlJlilF;~dera,~!Highway. Each of these requires mandatory evacuation in a storm event.d'!!; II:: CURRENT CONDITIONS EXISTING LAND USE Existing land use information was mapped and tabulated by City staff in August 2007, utilizing Property Codes included in tax records from the Palm Beach County Property Appraiser's Office. Map 7-4 shows the existing land uses in the Coastal Management Area portion of the City map. City of Boynton Beach Ear-based Plan Amendments Support Documents 7-1 Date: Coastal Management Element The existing land uses are divided into four categories: Residential, Commercial, Industrial and GovernmentaljInstitutional. Table 7-1, below, provides the breakdown of these categories by total acreages and percentages. A further breakdown of each of the categories is seen on the map's legend. Cate 0 Residential Commercial Ind ustrial Governmentalj Institutional Total Table 7-1 Existin Land Use Acres 421.59 169.31 ,'7:5 1.34.94 733~34 Peroenta e 57,49% 23.09 % ,1.02% 1$::40 % 100.00% Please note: . The Residential category includes 62.76 acres"ofW:acal1t residentialCland; . The Commercial category i~~ff,;s 25.76 acresql?firvacant commercial land and 23.75 acres of vacant mixed tiJ:~'ei;l~ff;J~8.03 acre~;~fjJm~~ed use included in the "vacant" category is currently'UndJr:coimttuction anq!UVm be built out in 2009); . The GovernmelltaWI~titutional category incHi~es 20.67 acres of rights-of-way and buffering, including privately-awned streets within developments, and 62.9 acres of redeationallariilis, both publiCly and privately owned. Overall, there is 96.24 acres of \!a.cantl~d in the Coastal Management Area (a number exclu,~es the abQ>y:~ mentli:~l1ed mixed use developments under construction), comprising about 13~of totalll<m9 acreage. '......... ........... ..." '.., Futurefual1d Use designa~ons are shown on Map 7-5. ECONOMICiB1ASE The 2005 data shows el1onomic base of the area as consisting predominantly of retail uses. The high pa(!~';of development and redevelopment activities during the 2000 - 2005 period was predominantly focused on housing; commercial development lagged behind. Thus, most of the retail and other commercial uses included in Table 7-4 are still located in neighborhood strip malls or in free-standing buildings which were in existence at the time of the 1989 Comprehensive Plan's use inventory. As emphasized in the 1989 analysis, the economic base of the area is only weakly City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 2 Date: Coastal Management Element related to coastal area attributes, and most non-residential uses are oriented to neighborhood and local community retail goods and services. Table 7-4 Existing Commercial Uses (in square feet) Retail Office Ind ustrial Storage and Self-Storage Institutional Hotel Rooms Source: Palm Beach County, 2005 ;:, ~ " I: :t , " ~' '_: ,; , , .~ l 853,549 178,;294 36,891 177,960 61lj~Ol 34~H; Ian q BARRIER ISLAND !;H'idli, The part of the Coastal Management Area sittla~~d 9miifne. barrier 1di1;,d':'; , The major portion (30.8 acres) is urder ownership o~lt~e St. Andrews condominium residences, a golf couf~IT,~nd other recreftM~nal facilities. Any increase in density of this property would requtii~;a reduction im~;tl:le area currently used for recreational purposes. The remainirtg ptbpetity {0.56 acr~~ris'occupied by a financial institution. ..; , ; ; ~ ',:;:::' MAINLAND i"__, ."H;, , The portion of theq~fStal Ma~agement Aie~located west of the Intracoastal Waterway contains approximat~}f,?02 4~res. A little;~v:er one-half of this (approximately 393 acres) is ~~~tf1)~,e surg~ilf!?~~Uill~l~mffR.?9:!T)hurricane. All of the vacant land within the Co~:st~IMal1l~~p1enf'i~ea is loca't~~!west of the Intracoastal Waterway. This porti<J)rt of the C6trn~ Maillt~~!ment Area is addressed in the "Federal Highway Cjj}rJii~~r. RedevelopmelmPlan tiI~~te" (June I, 2006) which was adopted by both the CommUtffity Redevelopml:7nt Ag~i1~y and the City Commission and is discussed in greater cl~tfliJbelow undeti~he De~elopment and Redevelopment Section. ';,:... .", Because of th~i~<J)~imityd8f Federal Highway to the Florida East Coast Railroad rights- of-way north of tn~Iq.w;Wntown, all uses in this area are located east of the corridor. As the distance betwee~ithe rights-of-way increases to the south, the development between them becomes solely commercial through the downtown area. East of Federal Highway, some commercial uses front on the highway, but the majority of the land is devoted to residential uses with the exception being the commercial nodes along the portion of the downtown from NE 6th A venue to SE 2nd Avenue, and at the intersection of Woolbright Road and Federal Highway. The 7.4 acres of land designated for Industrial uses are found along the FEC railroad right-of-way north of SE 12th A venue. City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 3 Date: Coastal Management Element South of the commercial node at the intersection of Woolbright Road and Federal Highway, the lands east of Federal Highway are designated primarily for residential uses with only a few small commercial uses at the very south end of the City. Several of the older condominium developments are built at densities that exceed their present future land use designations. Fronting on the west side of Federal Highway, there are several strip commercial centers, gas stations and motels mixed with a number of town- house and condominium developments. Several coastal area residential developments are built at densities which exceed those permitted in the City's adopted land use plan. Alr:r1~s(:~H of these are multi-family buildings, including rental properties, condominiurrt;$a.ndt~wnhouses. Many of these are well established, in generally good conditipll and are ;~?t:in areas of repeated damage from natural disaster. It is recormn~rided that tne~>.uses be explicitly recognized at their respective existing densi~ies as seen in Policy 1.10.3 of the Future Land Use Element. The locations of these dewe~opmentsare indicated'omMap 7-6 and Table 7-2, below. It should be noted thahthe"Federal Highway Corridor Redevelopment Plan Update" recommends revisirigl~ture land use designations which would ultimately establish several(J)~~hese as confot~l1g uses. Those subject to land use revision are highlighted in the taJ1:He. Map' N utrio~l1 1 2 Table.7-111,; .. N()~tConforming,ResidentiaiI!mensities Name DeSignated Density 10.8 10.8 Built Density 31.3 39.5 1 Seagate 10.8 32.2 11 Hatteras 10.8 39.4 12 Golden Sands 10.8 46.9 13 Barclay House 10.8 29.0 14 Miller Apartments 10.8 29.0 15 Fairfield Condo 10.8 34.2 16 Crestview Gardens 10.8 30.4 17 Colonial Club 10.8 22.5 Note: Highlighted sites subject to potential land use modification City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 4 Date: Coastal Management Element INTRACOASTAL WATERWAY Approximately one-half the length of the Intracoastal Waterway through the City (from the northern City limits to the Ocean Avenue Bridge) lies in the southern part of the Lake Worth Lagoon and has been studied extensively in the development and updates of the "Lake Worth Lagoon Management Plan". A portion of the Habitat Map from that study which is relevant to the City of Boynton Beach is found on Map 7-7. The remaining portion of the Intracoastal Waterway abu~& the City is primarily a channelized transportation route with most of the shorel~~~prdtected by seawalls. The few natural areas remaining are not estuarine in a te~cal sense and no extensive ,;;1' '~~! J J' mapping of habitat has been done for this portiqffiof th~llf1Yaterway. There are no significant areas supporting manatees withini;~ej;:~ity a:ntll:i~stimates of manatee sightings are relatively low; however, the CiWis~ipp~rts speedn~d other restrictions ~ -' " . -, !; ! ,:< designed to protect the species. H : ii !BL" fi,,~HL: The largest area of mangroves along the Intracd~.~~lVX~~~fway is the M~iigrove Nature Park preserve area located nort~ of the Ocean .Ai~~mue bridge and discussed below. Other areas, both publicly an'CllHlBF.ivately own~{\iji<:ontaining viable mangrove populations are designated with ailf;(1jqfmfrrvation Ov~'4C 011 the Future Land Use Map. The overlay designation requtf:esilf~11:!'i~minimiizmi!df 25% of native habitat occurring on any devel?RITIent site shap bef?~es~~q.; fu~ermore, mangroves which occur on these sites ,~lili[mtip~;preserved'l~()nsistent Wi~lWrederal, state, and Palm Beach County regulatio~land wfiW!#olicies conti~iiled in the;![reasure Coast Regional Strategic Policy Plan. The!Ci~i may allpw reasonabl~}ntensification of the remainder of sites in this category abovet11~i int~~tM~S which a~~!generally permitted for the purpose of preservin~'Iflc>r~than 25~pf~1ieiljt~q.;y;ehabitat on site." (Policy 1.3.1, Future Land Use Element) . . ; 'L!H; ";;':;p TItet'~Hwe no known P~i!nt sour~!!qfpollution along the Intracoastal Waterway other , n-' .~ 1,~ .... ' "_ ~ I t_' ~ _; .~ ;:, than :pla,~~~ where stol"I'iiltfater sy~rems discharge as shown on Map 7-8. Programmed stormwa~llBrojects are ~ifred at providing for on-site retention or detention facilities for water q\bl~lib' enhancijment. Discharges of freshwater into the estuarine water environment i?WiJIQe miniiRlized. 1\nl!I:,;:::rlI1i Since 1989, the FlorHfa: Legislature has supported a partnership developed between the Florida Department of Environmental Protection (DEP) and Palm Beach County by appropriating $9.4 million for the Lake Worth Lagoon Partnership Grant Program. This pass-through grant program provides funding for the reimbursement of locally sponsored construction projects designed to benefit the water quality and habitat in the Lake Worth Lagoon. The City of Boynton Beach has received reimbursements through the Partnership Grant Program of $1,375,000 for stormwater projects totaling $4,375,000. These projects include the two-phased development of a 3 acre stormwater detention i,;:.,;, City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 5 Date: Coastal Management Element and sediment removal for a system that includes 49 acres in the Central Business District; upgrades to install pollution removal devices into existing outfall lines at 31 locations along the ICWW; and stormwater management and water quality improvements for the 34-acre residential neighborhood fronting on the ICWW immediately north of the downtown. "The Lake Worth Lagoon Monitoring Project" (revised November, 2003) was developed to provide for a preliminary evaluation of water quality, and for strategic monitoring and assessment to verify water quality impairments under Phases I and II of the Florida Total Maximum Daily Load (TMDL) Program. The 'Lagoon is one of the Group 3 Basins. Currently, the Southeast Regional Waste Water Treatment Facility, which serves Boynton Beach and the City of Delray Beach, discharges a portion ofdts treated effluent through a 30 inch pipe that extends approxirria~ely one ITlile from the sh:8reline into the Atlantic Ocean and reaches a depth of 90 feeL By ~ecember 2008, the reuse water treatment system of the facility will be expanded to,!r'~~uce the discharge of wastewater into the ocean. This coupled witHrt:ffltt,,~~velopment of;;a,peep well injection facility will allow the facility to cease the disch~geiiof,tClll wastewaterm~ffluent into the ocean. The City will, concurrently, increase the capacity,(}!tdts reuse distrilmtion system to 8 MGD. W A TER-RELA TEDMATERDEPENDANT USES The only publicly-provided beach access is the City-owned, Oceanfront Park, which is located within the corporate limits of the Town of Ocean Ridge and therefore not included in the Coaatal Meiln.agement area; it is, however described below. The approxi~~~~lXA90 feet:piJ);1i'tibn.o~i~~pl?-~ing area fronting on the ocean is privately- owned ,ilnd doeg,dn9t provi~~ public <aocess. Neither does the portion of this area fro~#ng on the ed~'te~ edgei:m{ the. Intracoastal Waterway. The City does provide publiqnaccess to the;1mestern;~cle of the Intracoastal Waterway in five parks: Intraco~ml Park, Boat Cl~b Park,taycee Park, Boynton Beach Boulevard Extension and Promenade'Park, and Mangrove Park, all described below. Their locations are shown on Map 7-9. In addition to the numerous private slips and docks associated with residential development along the Intracoastal, there are two marinas located on the Intracoastal Waterway immediately north of Ocean Avenue. Boynton Harbor Marina (1) This facility has been a working commercial fishing dock since the 1920s. The 24- slip marina was purchased by the City in 2006 in an effort to preserve a valuable part of the City's heritage. Currently, the facility provides a location for dive, charter, drift and commercial fishing boats as well as slips for private vessels. City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 6 Date: Coastal Management Element Liveaboards are not permitted. The marina also contains a fuel dock providing for sales of both diesel and gasoline fuels. Currently the marina provides a portable waste dump facility, but is exploring the installation of a sanitary sewer pump-out system. Marina Village Marina (2) This privately-owned facility is managed by WaYPoifiltMarine and has 38 slips ranging from 28 feet to 50 feet in length. All slip~iare lr'ldividually owned, and some are offered for rent. There is no launching Ii~~~~ity and liveaboards are not Permitted. ," 'li(jj"J ill!' ''^ il 'He iiHn(q The City does provide public access to the)fil@~8oa~tal W~~~'y at five locations: Intracoastal Park, Boat Club Park, Jaycee'mffrk Mangrove Park, 'M~~Boynton Beach Boulevard Extension and Promenade Park"A.IlJ.;of these'are discussed 'Jj)EUow" , H1! 11lL L' d !ill/hi" :llllP i' Oceanfront Park (3)inHIP' As noted above, Oceanfront'ffl,~~ is not 10cateHlI~~thin the corporate limits of the City of Boynton Beach; howerett:',:,th~ 12 acre faci~Wl' do~s provide citizens with access to the Atlantic Ocean. Parkingiffligrovided fat!~7vehicles, as well as bike racks. The Boynton. Beach CRA!: Rrovi4esllf~~t '. trolle;y: service on weekends from Ocean A V"':~I~~iili~lrinland tql~riPirrk oP~~g with 20 minute headway. Boynton ~ril~Y3,oulevarll.lfxtension antllr;romenade Park (4) The 1.4 acre ~~~tvardf~i)(tension andf*ri'nt~rfront promenade is located just north of ~~~}t()wntoW1li\~.~:m~~,~s.trict.,l$brdering the Intracoastal Waterway and ~4jtit!en~;~;fli~atudit'!nrngr(R~~;p~ve, the promenade opened to the public in April 2006, pr()v:~ding"alIt'~rea for visitors to enjoy scenic walking trails, a seating area with shadeistructure~,and.a new waterfront venue for special events. M~gl-ove Park (5) A porqpl1 of this 12 acre nature preserve which has approximately 1,300 feet of frontagei.iflm the .~rrtracoastal Waterway is operated under a lease agreement between thijl~\MI~nd St Mark's Catholic Church. It provides 16 parking spaces, a % mile boa~Mwalk through the mangrove hammock with an observation deck and 6 kiosks providing habitat information. Boat Club Park (6) With 9.5 acres in size and 480 feet of Intracoastal frontage, Boat Club Park attracts boat-owning City residents as well as citizens from neighboring communities. The facilities include 161 parking spaces with 137 spaces for boat City of Boynton Beach Ear-based Plan Amendments Support Documents 7-7 Date: Coastal Management Element trailers, four boat launching ramps and six holding docks plus a 310 foot long fishing pier. Intracoastal Park (7) Approximately 10 acres in size with 450 feet of Intracoastal frontage, the park provides numerous facilities for both active and passive recreation, 84 parking spaces, and a launch area for non-motorized vessels. Jaycee Park (8) Purchased from the Florida Inland Navigatio1]I~i~trict in 2004, this multi-use park is approximately 5.6 acres in size witl(1.,350 fe~~,Of Intracoastal frontage. Approximately one acre of the property l~ingalong tli~Jntracoastal Waterway will be utilized as a mitigation area:6ofmangroves in connection with the development of the Boynton Beach~oulevard Extension and,;jJromenade Park. Planned improvements include a launching area for non-motoriZed vessels, boat slips for small-draft vessels and a fishing pier. INFRASTRUCTURE ;f<> .... 'T' Public infrastructure facilities in the(~;()~~fl~.~anagemerik~~a include water and sewer systems, stormwater collection facmlties,',(iiIlllcl.;,}?adways'if:~Fserve the area. Future improvements to infrastr~cture will b~.those;tinCltiiEl~en~cessary to maintain adopted levels of service. Storm~ater collection facilities and,;@utfalls are discussed above in conjunction with the Intracoastal WaterWay. The potable water distribution and sanitary sewer collection systems within the.Coastal Area are shown on Map 7-10. There are no expansions to infrastructure facilities or systems planned for the barrier islands portion of the area. Any potential improvement projects planned for the mai11la.l1d portion of;t~~ planrii~area, as discussed in other elements of this plan, will be.t0.maintain adopted't~vel-of-'~ilWice standards and to decrease any negative impacts on the estuarine or oceanic,environments. HISTORICRJESOURCESi'\. The City's historic resources were surveyed in 1996. At that time, 145 structures City- wide were determim~d.to be eligible for consideration by virtue of their age. Of these, 45 were deemed as likely to be of local significance and four to be likely for National Register nomination. Map 7-11 shows the locations of historic resources in the Coastal Management Area. Of the eligible structures in the City, 38 were located in the Coastal Management Area. Of these, 10 have been demolished since the survey, and one has been modified beyond recognition. Of the remaining eligible properties, one, the Boynton Woman's Club on Federal Highway, has been placed on the National Register. City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 8 Date: Coastal Management Element FUTURE CONDITIONS POPULATION PROJECTIONS Population projections for the Coastal Management Area are compiled from data provided by Palm Beach County Planning, Zoning and Building Department. The projections were provided by Traffic Analysis Zones (T AZs) since boundaries of the selected T AZs could be easily aggregated to coincide with boundaries of the Coastal Management Area. Adjustments have been made for porti~ns of T AZs split by City boundaries. : · ; ~ I, j -' " " ;; ; -; ,- ;; " .' ,. ~. -0 ... , )" ;:1,;:: ~:: :;p1' i;H!HHi The 1989 analysis",qIid notlj~pvision a s~g1lificant pqpulation growth in the Coastal Management ar!~IWn, a majdtl,change in t~t area's population income characteristics. Consequently, Poli~l~!~9.7 ~fts placed in tH.~j~m~d Use element, asserting that" the City shall continu~"to changJl!~lr/~,IfU;~ICl;nd zonitpg to permit only residential or other non- commerqi(l~rJ$J~iittlff~~as d/PI:d~I~~n;MYrlJlJJMifMn~oinmercial uses will not increase, particularly in the C~t~l Area';:)~~~ prdj~~pns held 'throughout the near-and mid-term; however, ...' .,'!'''.....t'" prpj~s completed oetm;een l~~~ial}g 2006 already added 1,283 units and well over ,~!--,:,:},tr,t;<tE: n(.:;qd~; 2,ClOOf~y,~~gents to the ar~ftr Morerejiter, very conservative projections for 2017, adjusted for the ~~ng real estah~!~ecessiOn (see Table 7-3), show a population increase of 2,800. Populatiorl:vt~l continue HI> grow when redevelopment resumes, generating growth in demand for co~ercial sf"ace. Furthermore, even if housing prices continue to decline, housing will reril.ijffit,~,~gnuicantly more expensive then it was prior to the 2000-2005 boom and therefor~l~ltnange in the income characteristics of households residing in the coastal area will cettainly ensue. According to 2005 figures provided by Claritas, Inc., the northeast and southeast sectors of the City, which include the Coastal Management area, had median household incomes of $35,447 and $40,770, respectively, as compared to $44,084 for the City as a whole. The median income for the area is likely to increase; as a result, higher income-oriented establishments will eventually have a visible representation in the market. City of Boynton Beach Ear-based Plan Amendments Support Documents 7- 9 Date: Coastal Management Element DEVELOPMENT AND REDEVELOPMENT POTENTIALS: REDEVELOPMENT PLANS Given the built-out condition of the portion of the Coastal Management Area on the barrier island, any redevelopment and further development potential lies within the area west of the Intracoastal Waterway. The portion of the Coastal Management Area lying between,~E 6th Avenue and SE 6th A venue was an integral part of the original central busin~~s;d.istrict (CBD) of the City of Boynton Beach although the CBD extended several blo~ks.~est of the FEC right-of-way. With the increase of commercial development along,ilille C'drig.r-ess Avenue corridor, the CBD experienced a decline both in demand. :fp!' space arrnq. physical conditions. Numerous attempts have been made over the last 25 years to reVItalize this area. The first plan for the area was developed by the B;oynton Beach Community Redevelopment Agency (CRA) and adopted in November 1983. In an effort to promote redevelopment, the 1989 City;(;if Boynton Beach Comprehensive Plan designated the land area froIl1:,~~2nd Avenueto"tl1e Boynton (C-16) canal Mixed Use, with the exception of some pro~er~r~}ronting on FefffffalHighway. The land use designation allows a residential deri~ityofP4Gi; dwelling ti!i1i'ts per acre and II all uses located in the Local Retail Commerciallanduseioa,tegoryplus all uses located in the High Density Residel1'~aHJ~ci use categ()ry';~ ii. In 1998 the Cityde~eloped the II Boynton Beach Vision 20/20 Redevelopment Master Plan" which includecihrllof tn~}and area between the Intracoastal Waterway and 1-95. One of t~~.o. tll.qjor recommendlatif1>l[l~ ..... ~ro~. the 20/20 Plan that was implemented expanded the COmmunity ~edeve16pm.ent Area to include the area from the northern City limits to the sbu.t:hern City limits and from the Intracoastal Waterway to the FEe rigiht~o,f;way. The "Fed~ral HigJ;n~ay;Corridor Redevelopment Plan" (May, 2001) was adopted by both the Co11riInunityRedevelopment Agency and the City Commission to address tne}'edevelopmel1t.of this expanded area. An update of the corridor plan was adopted in June, 2006 and is presently used by the City as the guide for development and redevelopmel1t in the area. Under the plan, three mixed use zoning districts, Mixed Use Low 1, Mixed Use Low 2, and Mixed Use Low 3, are established which can be applied within the Mixed Use land use category (see Map 7-12). The zoning districts vary in permitted densities and intensities, based on locational criteria. Implementation of the "Federal Highway Corridor Redevelopment Plan" established the Mixed Use-Core future land use category with a maximum residential density of 80 dwelling units per acre (dujac) and a maximum floor area ratio (FAR) of 4.0; however, City of Boynton Beach Ear-based Plan Amendments Support Documents 7-10 Date: Coastal Management Element the designation requires that, "in the area east of Federal Highway within the Hurricane Evacuation Zone, the overall density for this land use designation shall not exceed 40 du/ ac". Other measures to encourage development and redevelopment in the CBD include the 2004 establishment of the Urban Central Business District pursuant to Section 380.06(2)(e), F.s. and Rule 28.24.04(1), F.A.C., and the establishment, in 2005, of a transportation concurrency exception area (TCEA) for a pOf~~~ of the CRA which also includes a portion of the Coastal Management Area as s~,?wn on Map 7-13. ,;;:; EMPLOYMENT PROJECTIONS;;;; ':) The Metropolitan Planning Organization gener,ftt~~rTAZ em~yment figures for its long range transportation model. Table 7-4 sh~W's;t1i.eMPO's 203QIHteastal Management Area employment projections, based on th~li~~anned density and i~1~fj1:5ity for the area (the estimates are reviewed every 5 years)dC~rred to:~~ benchmai14i~es of 2000, a steep increase in employment is projected, esp~~~~Ii~.tvtllel~ervice sect:~:. '1111H. \p.\. 'qp~;t, IJ:!llllffi~~le 7-4 1Idll%. Coastal Mana ement Ar~a.'i!O:1;rerm Em lc{' entPro'ections Year Commercial IndltIstrial' I Servic~1I TOT AL 2000 ;1;j$3Q,i!!!ql~~~3 2,949 2030 .'iH3,813 lilh; '~~314 13,518 Source: Metropolitan! p\~g 2005 '[! HI, "",;" '1::1( ,. 1 t ~ ",.."',,.,.,, ,.,"," REDEYlEtOPM~'[ ACTll1JrIES ,:-' "'1';"Fi, 'l$fi-\ The~upport docuni~ts for!)~p.~ Coastal Management Element of the 1989 Plan ,,::~:): 'ii~tH';.' :~,L;:. _ ;' propl}~hi.cally stated th~ll!, iiilllpp! "n~(;lsed on historidtl.!obseroIlWon of more built-out communities further to the south, 'n;:*~::., '!,tn cocis~;frea redevelo't(({zent will probably occur on a scattered basis, and only after the regio'rl~~i!~J,lpply of iw-cant land suitable for new first stage development has been effectiveIY:~vminish,~61.' Considering the available vacant land in both the study area and in the areaW4,Mtpj!1-9S, the potential for extensive areawide redevelopment is considered low within tM~en-year planning horizon." It was only in 2002 that development of the long-discussed Boynton Beach Marina project was finally under construction. It was the first major redevelopment project in the CBD and was completed in 2007. As of the end of 2007, there were 2,064 residential units approved in the Coastal Management Area, along with approximately 40,000 square feet of office space and 103,000 square feet of retail space. All retail space is part of the mixed use projects. Of City of Boynton Beach Ear-based Plan Amendments Support Documents 7-11 Date: Coastal Management Element the five such mixed used projects approved in the area between 2002 and 2006, two were cancelled due to the housing downturn and two- the Promenade project, at the north east corner of Boynton Beach Boulevard and US 1; and Las Ventanas, located at the intersection of Woolbright Road and Federal Highway, are currently under construction. The Arches, a large mixed use project on the west side of Federal Highway at Ocean Avenue, maintains a valid development approval but its fate remains uncertain. DISASTER PLANNING Natural disasters affecting the Coastal Area includ~ tlli!;'ricanes, floods, tornadoes, droughts and freezes; however, because of the CiWYs g~()~~I?hic location, a greater emphasis is placed on hurricane response. Tnifl respon~e.. includes pre-storm preparation and evacuation, post-disaster evahiationand clean-Jp~Ha\nd long-term post- storm redevelopment. The City maintains an Emergency Preparednes~\J?lantWnich is updated annually by each City department. It provides detailed information and scheduling for Pre- and Post-Hurricane procedures includfur'lg, issuing warning~ to builders, contractors and homeowners, securing constructioFl :s:iite~~assessmentof: ,c.tamages and providing disaster relief information to owners and tE.~m:a:nt~ of dama~~a buildings. In addition, training is held for City employees each year prior to hurricane season. Coordination with County The City coordinates closely with the Palm Beach County Division of Emergency Management on planning. for evacuation based on the Hurricane Annex of the Comprehensive ErpergencyManag€mentPlan (CEMP). Hurricane Evacuation. Thee'-m'F~ation routes fo/I the CiUy>are shown on Map 7-14. It should be noted that OceanB~Mlevard (SR A!l~) on the barrier island should only be utilized to connect evacuees with the nearest route crossing the Intracoastal Waterway. The two Intracoastal bricl,ges situated in the City's Coastal Management Area are at Woolbright Road and Ocea.n'Avenue. Additionally, Federal Highway (US 1) is immediately adjacent to or is illclu.cled in the Hurricane High Hazard Area and should not be considered a primary evacuation route since portions of the roadway may be subject to flooding. Transportation facilities that Palm Beach County considers as critical to coastal evacuation include the following: . SR AlA from the Broward County line north to Royal Poinciana Way; City of Boynton Beach Ear-based Plan Amendments Support Documents 7-12 Date: Coastal Management Element · Federal Highway (US 1) from the Broward County Line north to the intersection of Lantana Road; . Interstate 95 the entire length of the County; · Military Trail from its intersection with Glades Road north to Donald Ross Road; · The Florida Turnpike the entire length of the County; · Boynton Beach Boulevard from its intersection with Federal Highway west to SR 7; · Ocean Avenue from SR AlA west to Federal HighwC\XHal1d, · Woolbright Road from SR AlA west to 1-95. In,! Boynton Beach High School, located south of Gate~My B~~~ard, is listed by County emergency managers and the Red Cross as '\:FIiplary she1~H;with the capacity of accepting up to 2,720 evacuees.' ," Impacts on Redevelopment Activities It., ';\1 Two policies governing development and re~eweloFfu~nt 'ii~~ .n, Management Area were adopteg to lessen the'I!~pacts hurricane shelter space. '1, ''llllllllh projects the Coastal of residents on existing The first provides that:, Y:"< '!linH' "VVhile the Mixed ~~-Core futu~el~'fndl1;sJ;iilii~~mffi,~~r::'ailows residential uses with a gross density ~fll~>>!Bql~(ac, in the'ijfi~ileast of Fe~tit Highway within the Hurricane Evacuatio~!afRne, the O*Mtall density'rr1r this land use designation shall not exceed 40 du/ac." (Fu'nlri~,Land U~ Element, P~icy 1,3.1). ,qilh; ..'IF ... 'ii: The secon~fl"~~1flf:~s thcib:!H,.j::;: iiiH,;:;.",,' '{rlJlie C{ty~'fflUanni:t'filtIJ/:,demonWrWf:&.:hurricane shelter space availability for at least 20% of thepo~lation :~rrease. within the TCEA associated with hotel/motel and residential develo'fJ"rJf!nts wi~1rtifl,tJie hurricane vulnerability zone. In the event the City is utla~le to satisfactd#~Y demoli5'trate hurricane shelter space availability, the City shall CODr(#~ate with Paliff.. Beach' County Emergency Management and the Red Cross to \ it, :-j'~ I provicledn&equate hurtficane shelter space within a timely manner. The City shall also participdf~11Yf, a lon~~term, Countywide, comprehensive shelter program coordinated with public, pri~Jlf~All1(!rl~profit organizations to ensure adequate shelter space is available for Hl1qj1 the long-term ft{ieeds of the TCEA and the County." (Transportation Element, Policy 2.2.6). City of Boynton Beach Ear-based Plan Amendments Support Documents 7-13 Date: Coastal Management Element City of;r~""n Beach ComftelJ\€nsive Plan oastat:;\\fanagement Ele Map Series City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Coastal Management Element List of Maps Map 7-1 Smdy Area ............ ......... ... ...... ... ........... ..... ..... .......... ............... ....... ...... ..... ........ ... ......... Map 7-2 Storm Surge Areas .............................. ......................................................................... Map 7-3 Flood Zones ....... ................ ........ .................... ..... ..... ......... ....... ..... ... ......... ......... ... ......... Map 7 -4a Existing Land Uses (N orth Sector)........................~i~..;.i.......................................... ," '!; Map 7-4b Existing Land Uses (South Sector) ii' ;IllLi; ,:I'r'j^ ""'1' iP~~)~-qHh;;t Map 7-5 Future Land Uses .....................................4.~:~._.........~;!!!j~t....................................... dlf~tq~;; .. -filHL. ~~lp" ~nHj~, Map 7-6 Non-Conforming Residential U s~~ W...................................~~tu~............................ . :inlllllll!!"i:llil', illlllllllllpi Map 7-7 Lake Worth Lagoon HabItat....................7.~~....:rw~..~~..,....................~t~.;..................... Map 7-8 Stormwater System and) @~~charges ... ...... ..~:~l~ !.!r.... .... ... .... ...... ... ..... ... ........ ... ...... .... ""'HH 0" H'?'l t',: .,;'~~;::.....~~.:' ::i.. ';.~"'; Map 7 -9 Water RelatedjDependent tIses.i.U........................:~~~Lio~:........................................ . , '\,"::ii'lIlBlHiiH', " :!lW Map 7-1 0 Water an~ :~~~~i ~ystems .....~r...~..............~~rr;7-................................................... . .qHli!H li. · Map 7-11 HIstorIc. Resources. .~....... ................... ........................ ...... ......... ...... ....... ................ ..... J .*t~Hpd, 11' d~ "1)1 'I' , ...1~ ;; ;, \ ' , ~ Map 7-12 Proposed IVJ1Ked li1se' ~oning .........:.;....................................................................... ; f: 1 Ie: . ~' ; d't! Map '7;~j[3 Influen~;.on D~~~l()pment .................................................................................... ,.:;, Ma p'7- ~ ~ Hurricane E\T3.cuation Routes.................. ........... ............ ................ ............ ............. Map 7-1 Coastal Management Area STUDY AREA Legend 1989 Study Area Boundary D 2007 Study Area 3,000 1,500 o 3,000 Feet . Map 7-2 Coastal Management Area STORM SURGE AREAS Legend _ Category 5 Surge Area _ Category 3 Surge Area Category 1 Surge Area 3,000 1,500 o 3,000 Feet . I- en lJ.J a:: () <l: lJ.J en Map 7-3 Coastal Management Area FLOOD ZONES Legend FLOOD ZONES (1996 Q3 Fema Zones) _ AE- 1 % Annual Change Flooding _ AH - 100 Year Shallow Flood (Between 1 & 3 Feet) ANI - Area Not Included _ VE - 1 % Annual Flooding wlWave Action X - Outside 1 %-0.2% Floodplains _ X500 - 500 Year Floodplain 2,900 1,450 o 2,900 Feet . Map 7-4a Coastal Management Area (North Section) EXISTING LAND USE MAP Legend Industrial ~ Vacant Industrial Light Manufacturing .. Warehouse/Distribution Commercial ~ Vacant Commercial ~ Vacant Mixed Use .. Stores/Restaurants .. Office/Financial .. Other Commercial .. Mixed Use Residential l~",,~j Vacant Residential CJ Single Family Detached Single Family Attached Condominiums .. Multifamily Rental .. Mobile Homes Governmentllnstitutional ~ Vacant Institutional ~ Churches .. Schools .. Municipal .. Transportation .. Group Homes .. Hospitals .. Federal .. Utility IBI Water .. Parks/Outdoor Rec CJ Right-of-Way, Buffers and Other 2,000 1,000 o 2,000 Feet . . . 26 "t:l M 13th 12th -g 11th M nd 4th Cii Map 7-4b Coastal Management Area (South Section) EXISTING LAND USE MAP Legend Industrial ~ Vacant Industrial Light Manufacturing ~ WarehouselDistribution Commercial ~ Vacant Commercial ~ Vacant Mixed Use .. Stores/Restaurants .. Office/Financial .. Other Commercial .. Mixed Use Residential I;:"~;:"';~I Vacant Residential c=J Single Family Detached Single Family Attached Condominiums ~ Multifamily Rental ~ Mobile Homes Government/lnstituti onal ~\\~ Vacant Institutional Churches .. Schools .. Municipal .. Transportation .. Group Homes ~ Hospitals ~ Federal .. Utility Water .. Parks/Outdoor Rec . J Right-of-Way, Buffers and Other 2,000 1,000 o 2,000 Feet . Map 7-5 Coastal Management Area FUTURE LAND USE MAP Leaend =:J LOW DENSITY RESIDENTIAL (LDR) Max.5 D.U.lAcre : l MODERATE DENSITY RESIDENTIAL (MODR) Max. 7.5 D.U.lAcre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U.lAcre _ HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U.lAcre _ SPECIAL HIGH DENSITY RESIDENTIAL (SHDR) Max. 20 D.U.lAcre OFFICE COMMERCIAL (OC) FAR 0.40 _ LOCAL RETAIL COMMERCIAL (LRC) FAR 0.50 _ GENERAL COMMERCIAL (GC) FAR 0.50 _ INDUSTRIAL (I) FAR 0.50 _ AGRICULTURE (A) _ RECREATIONAL (R) _ PUBLIC & PRIVATE GOVERNMENTAUINSTITUTIONAL (PPGI) _ MIXED USE (MX) _ MIXED USE CORE (MXC) _ MIXED USE SUBURBAN (MXS) DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSERVATION (CON) ~ CONSERVATION OVERLAY (C/O) 3,000 I o 3,000 I Feet . a > oJ .. 0- .. U "' U C .. .. z BOYN a > oJ .. .. .. II "' U C II .. " Map 7-6 Coastal Management Area Non-Conforming Residential Densities Legend CONDOMINIUMS _ Non-Conforming APARTMENTS _ Non-Conforming o 1,200 2,400 4,800 Feet . ( 7 3 I I I " I I I , ~ L---...........~ ~ 1'\'- - - ~ -D ~ "- -:- =-) L-J T ) ~\. T ---..--." --"-.----------..--.-- l~~ f----'-.-"'-~---..-'-- - I 1 ~f___: r::-- eJ L/ - , ~ - I-- ~ "--L - III !Xl I- L- .....,.. L;: I < J -! I l- 1-- :1 i--- u . z ~ · ....,. ./;>== , z \ ,~ 'r, ,- == I t_ - "-- \ -~ rh """1 I - 0 ~ - I = '\ - l- I fLL== ... ... !!oI u )( ~. L..-- .... ~ ~r rn f - I W OpLBRI ~RD --=. /r'17 I I :~~ ~p 2 ( ~ ~2PRLa~' ... I ~ I ". ~. :-Z- ...., \Xl ~.-" - < . c -! - ~ 1'-' ,:' - I - I' I ---I I I -=; +1 !,../ I r \ Legend Miner Rd Map 7-7 Coastal Management Area LAKE WORTH LAGOON HABITAT 2001 HABITAT _ Land Unvegetated Bottom 1_ J Tidal Flats _ Seagrass - Patchy Seagrass - Continuous _ Algae Beds -..-... City Boundary SOURCE: Palm Beach County Department of Environmental Resource Management . 2,000 1,000 o 2,000 Feet Map 7-8 Coastal Management Area STORMWATER SYSTEM Legend CD Outfalls Stormwater Lines o 3,000 Feet . EG ateWay B IVd "'0 > as Ul Ql b co Ql C/) Z c: "'0 > as Ul Ql b co Ql C/) C/) Map 7-9 Coastal Management Area Facilities Providing WATER ACCESS Legend Marinas/Access Points Type · Beach Access · Boat Ramps @ ICWW Access . Private Marina · Public Marina _ Recreation Facilities .~'.........'.. \ ~, ) - ..-.. ~ . , f- --ffi ~ fl1 /t ( ::::! \ ~ 12ri @ L.--J Le-- ~ I~ I I I I _ L-.:l'\ =w I I I I - "1 I I t- ;t - - ~ r- f- > ~ I-- f- I? I-- I I I - n I L -^ ;;z: :::I::.- '-' -.JT- i[ r---I "I ^ .., V ~ r-- - ~ - ~ I I / - N ~...';a .. ~~ / 3,000 1,500 0 3,000 Feet Map 7.10 Coastal Management Area WATER & SEWER SYSTEMS Legend Sanitary Sewer Lines Potable Water Lines 2,900 1,450 o 2,900 Feet . Map 7-11 Coastal Management Area HISTORIC RESOURCES Legend LISTING ELIGIBILITY · LOCAL · NATIONAL · NOT ELIGIBLE CONDITION _ EXTANT _ DEMOLISHED MODIFIED 2,600 1,300 o 2,600 Feet . "C > iJj u; ~ o '" Cll en z "C > iJj iil Cll b ra Cll en en Map 7-12 Coastal Management Area PROPOSED MIXED USE ZONING Legend _ MU-HIGH _ MU-LOW3 _ MU-LOW2 MU-LOW1 _R-3 R-1 o R-1A [mmml R-1 AA _ REC Maxi....... Height 150 feet Maximum 80 dulse FAR 4.0 Maxirnlm Height 75 f_t Maximum 40 dulae FAR 2.0 Maxin&lm Height 65 feet Maximum 30 dulse FAR1.5 Maximum Height45 feet Maximum 20 dulse FAR 1 .0 Maxi.....m Height 45 feet Maxlnum 10.8 (with the Po_ItiUty of 20 dulse) Maxinum Height 30 feet 7.26 dW'ac Maxi mum Height 30 feet 5.8 dulac Maxim.lm Height 30 feet 5.4d....ac . 980 490 0 - - 980 Feet N A Source: "Federal Highway Corridor Redevelopment Plan Update", June 2006 Map 7-13 Coastal Management Area DEVELOPMENT INFLUENCES Legend ..-..-..-... 1.._.._..-1 Urban CBO Area CRA Boundary TCEAArea 2,900 1,450 o 2,900 Feet . i.. I- en w a:: t) <l: w en City of Boynton Beach Hurricane Evacuation Routes Map 7-14 .. I o c:::m <J." .. '" ~ f" "\. -I>-'-c ~1 'I~ -<liJ az;:~ \ '" ~ ~i \1 2. ~OltRd : , ~V"'" 4'" (j ~G' (/) p: . Legend 0.5 o 1 Miles East-West Routes = Interstate 95 North-South Routes 0 Emergency Shelters City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 City of Boynton Beach Intergovernmental Coordination Element Goals, Objectives and Policies Objective 8.1 It is the goal of the City of Boynton Beach, through increased coordination, interaction, and communication with adjacent local governmeni. and other pertinent coordinating entities, to mainJAffi ~stant awareness of the plans and intentions ~ entities, and address, and alleviate or antici1i!fle, a,r. major issues which involve a single agenCJ!!#tir7llJ!1.erous:lJ1{Itities. ~ ~~=..., ........- --. - ....=,- .... - .. -.. ~ - ~ "'7"'~~, -'._-,', -; - ~ _. ~ The City of Boynton Be'~MI:, s~'f:Eordinate ~pacts of developmelll proposed in~ Coifl.prehensiv~Plan upon developmen~djacent muni~ities, Palm Beach County, the region and t~"by reviewi~lans of said governmental entities and an~zl.u~~e potential~s1! of the local plan on these. plans an~ by ~ation oil,J county and regional ~ - -.-.....' ees - -- ,:::::;- ..-... .... -"".. --....:.:~--:- -=:=-~.- Measurability: -:",~umber . omprehensi"fi&.amendment;f';eview. '--.,...-.. .....,;.. -. ---- ~ ~-::; -- - - - TI~;SRit)~ cQntinue t~ze appropriate interlocal agreements and~tual. pli:~f~h~~tio~or mutual benefit to achieve greater ~era"J~hwithiri,~g and between all levels of government. - --.. .--. ----.. - --- Obi e" 0.02. '._'.. , i~;jLtyc~:.r~~~~.:~t~on~~;d~~~~~ze ;:'::~~ , ....-...... Interg_ernmental Amendment Review Committee (IP ARC) as a _ regula~ormalized forum for dealing with issues unique to Palm "~~ounty and its municipalities. (JffiLtinued participation in IF ARC. Policy 8.16 GoalS: Future Land Use Element --- - -- -- - - ....- - Measurability: Policy 8.2.1 The City through the IP ARC shall notify all interested municipalities of proposed land use amendments and annexations and shall consider the comments of an adjacent municipality or Palm Beach County concerning a proposed land use amendment or annexation. City of Boynton Beach Comprehensive Plan Amendments 08-0 I 8-1 Date: Intergovernmental Coordination Element Ordinance No. Policy 8.3.2 Policy 8.2.2 The City shall participate in the IP ARC process and shall coordinate with the Treasure Coast Regional Planning Council and all other local governments on a voluntary dispute resolution process for the purpose of facilitating intergovernmental coordination, and shall include results and any written determination from the IP ARC process as data and analysis with proposed and adopted Comprehensive Plan amendments transmitted to the Department of co~ty Affairs. Policy 8.2.3 The City shall notify adjacent ~ governments through the IP ARC and the County of lan.~ c~icts generated by adjacent land uses. In addition, i~lit1.lld b~termined whether the Comprehensive Plans of~-::r~ ~tities adtil~flf:S the conflicts. :=:JFy -- . - ~ Policy 8.2.4 The City shall use ~~ARC as~e entity to~~gate land use conflicts that directlyll1ficct Biikible Com~r:uzi."'e Plan amendments. The mitigati~tl!&"gi~could cons~6f a jointly adopted fu~ land use plan {go!' the bordering lantf uses, or at a minimum, an~ropriate, tffiiiullfering of the incompatible -- - -~ - uses. ~' " -, ":. ----" - ~ -:. - ~- " - -----.. ~- _. ~ ~ Objective 8.3 ~~e::ity of BOYl~n B$l~l co~ue to utilize the Palm ..:.:;"9leach t A11nty Inter~lnmen~rdination Program's Multi- .7 ,Jurisdicf@pal Issues ~ordinatioq$Forum (Forum) as a vehicle to ..... '~al witl@tems of mul~urisdictional significance or concern. ~,= :.. -- ---....... - --, -- Meas~~~-=.Numl1f1 0] nrt:.U~t1~s,dictio~ssues reviewed by the Forum. ~' ~- '---. ~ - ~-- - ~'---' .---.. P~ 8.3.1Caaflicts ~.~ich may 6ccur in the implementation of the City's ~. , Co..rehensi'~l~ P.lan or which may occur in the implementation of . . the 'li!n of ~hboring jurisdiction shall be brought to the .. ' attenl~ of th~ affected jurisdiction in order to resolve the conflict. . If an egly resolution of the conflict cannot be achieved, the issue ~l~ be taken to the Forum for review and direction. ~uld the Forum not resolve the conflict, the City shall use the Theasure Coast Regional Planning Council's dispute resolution process to mediate the resolution of conflicts with other local governments and regional agencies. The City may use altemative procedures whenever appropriate for the matter of imminent dispute, including agreements authorized by Section 163.3177, p.s., or other non-judicial approaches. City of Boynton Beach Comprehensive Plan Amendments 08-01 8-2 Date: Intergovernmental Coordination Element Ordinance No. The City shall coordinate with Palm Beach County regarding the prevention of enclaves, pockets, oA. other undesirable land configurations adjacent to, or in the~o~ty to, corporate limits, prior to annexation of any parc~. t~e City. The City shall continue t~mote .--exation of land where service delivery system~:lf[~~ Utilityl$ervice Area (Reserve Annexation Area) wi1~ conSistent with Elm: boundaries of the ~ ~ corporate limits. _ ..,. '.', ' .. .... - ~ -:,( :-, -,--. - '-:'~-.. '. .--~ The City shall continue its p~~~~ation policytStliscourage urban spraW'ib.b allowing co.dEI i'~lled gtowth in a manner which discourages c . with adjace1tl1:'~;I~f'es ensuring that the proper infrastructure i~ P;!1ii~ pr concurre~ith development. ~ ,--,-,:." ~--~ ~ity shall paif3.dp ___ =.IlLo~and coo~ .0..- _ ..-....- -- munici~~ies. ~ Policy S.4L.-"]'Iii;' n ~ ""'"' . fu- Objective 8.4 Measurability: Policy 8.4.1 Policy 8.4.2 Policy 8.4.3 Policy 8.4.4 -- - - - - .4.6 - - - - - - - - Objective 8.5~:': .... Measurability: Policy 8.5.1 The City will continue coordinate the annexation of enclaves, pockets and other contiguous properties with Palm Beach County, contiguous municipalities and any affected agencies. Number of annexations coordinated. of proposed -.- ^- - - - City .ib@.ll af _d age or fu"iii:e anne - The cjf shall coordinate with adjacent local governments to esta~ joint planning areas in areas of mutual interest. - continiie to perform the proper notification of ncerning bordering unincorporated properties on land. er of joint planning areas established. The City shall pursue interlocal agreements with local governments that have identified or adopted future land use designations for adjacent unincorporated areas. These agreements would establish "joint planning areas" pursuant to Chapter 163.3171, F.5. City of Boynton Beach Comprehensive Plan Amendments 08-01 8-3 Date: Intergovernmental Coordination Element Ordinance No. Policy 8.5.2 The City shall encourage joint planning agreements that include, but are not limited to, the following: · cooperative planning and review of land development activities within areas covered by the agreement; · specification of service delivery; · funding and cost-sharing issues within joint planning areas; and · enforcement/ implementation. -=-. L' ~...... The City shall continue t.ct:.~dinale;;I;Fansportation planning with the MetropolitiU1_PlaD@itg Orgaui:.6ation, Palm Beach County, and the Flori~epartinent of TranSJn~ation. ~- .:-. ---"-'- ~ ...........",....~ - - ' Monitoring of attendance at....tings ~. agencies. ~ ~ ~ - - -..--. ~~-~, = The City shi;;ij continue to pciN!if;iipate in the Palm "Beach County MPO's long ~anning procC[q~Elnd utilize the resulting plans to update the ~~'lIsportation ~klMent as appropriate. ~ - -', --'.,~ ':" -- - ---- shall coJi!p.ue #~ceme~of the adopted County- ..::i5?"wide fic Perfor~@ Stan~ 6rdinance, and conformance - --.. - ~ _~o the ~l of Servic~tandards ~orth in that ordinance, except ~ ]"~ere reij;onable exceiJ;jons have been approved in accordance ce. ~. -4 - " - --- ._~ '-,..". ", -"', ? ~e CiLy :~hall co:nt~to participate in the Palm Beach County 'te~calJi\i~Yisory Committee. -' '--- --, ~,~ -- --. ~ Policy 8ilii" The ~ity sIii.lf continue to maintain active and positive '. relati~hips with the Florida Department of Transportation, Palm - Beach ~ounty, adjacent mu~cipalities, and relevant public and . ~..priva~entities in order to support and engage in cooperative - g for transportation improvements. Transportation Element Objective 8.6 Measurability: Policy 8.6.1 Policy 8.6.2 PO#6:3 Policy 8.6.5 - - - The City shall continue to coordinate with Palm Tran in providing efficient public transit services. Utilities Element Objective 8.7 Under the auspices of the interlocal agreement, the City of Boynton Beach will continue the provide adequate treatment and City of Boynton Beach Comprehensive Plan Amendments 08-0 I 8-4 Date: Intergovernmental Coordination Element Ordinance No. disposal or wastewater through the facilities at the South Central Regional Wastewater Treatment and Disposal Facilities. Measurability: Continuing participation in the interlocal agreement. ~:83 Objectiv The City will continue to coordinate with the South Central Regional Wastewater Treatment and Disposal Board for wastewater treatment, disposal and re~~ater services. The City will continue to co -:" ate with the Lake Worth Drainage District, the South _ ter Management District, Palm Beach County, and.:.~ ot agencies, as may be appropriate, on stormw~nlHng an _ agement issues. .;SF' -<~~"_'w., Ongoing coordination_ entitieapnd agencies:~'.., < '";,.,i ," ~ ~" .~ -:':' The City shall coordina --:., ~~.;. Florida ~tment of Environmel"l:tal Protection, th~~lth Florida W ateF-~anagement District, Pal~ach County artment of Environmental Resources M~.~~t,. and other. . ted parties in meeting the requirements of~e Ff_a Total ma~~Hlt:i~: Daily Load Program LakeWort~ag =f _ .,3' -::::::' .. - The Ci hall contiiiie to coor te with the Northern Palm -- ach COinty Improv~ent Distrr~t on meeting the requirements N - S permit. .~ all c "':"ordination with the South Florida Water District and the Lake Worth Drainage District in m~g wa ual,-~ty criteria for drainage discharge. ----" - -, - - - The ~ shalFcoordinate the development of its I/IO-Year Water Suppl~Facilities Work Plan" with the South Florida Water ....... -~7ment District. Jfiiffoval of the initial work plan and subsequent required revisions. Policy 8.7.1 Objective 8.8 Measurability: Policy 8.8.1 Policy 8.8.2 Measurability: Policy 8.9.1 The City shall coordinate with the South Florida Water Management District to ensure that the City's "10_ Year Water Supply Facilities Work Plan" is consistent with the District's "Lower East Coast Regional Water Supply Plan". City of Boynton Beach Comprehensive Plan Amendments 08-0 I 8-5 Date: Intergovernmental Coordination Element Ordinance No. Objective 8.10 Measurability: Policy 8.10.1 Policy 8.10.2 Objective 8.11 Measurability : Policy 8.11.1 Policy 8.11.3. .. ------ - - - - - - - - ~e 8.12 - - - - - - - - ---. - - ---- - - - - . Measurability: Policy 8.12.1 The City shall continue cooperative efforts to protect aquifer recharge areas. Ongoing enforcement of the Wellfield Protection Ordinance. The City shall continue to cooperate with Palm Beach County to enforce the Wellfield Protection Ordinance. - - Boynton Beach shall continue to cO~~with other appropriate local governments to protect a~ with - the greatest recharge potentials that extend beyond ~i~lits. ..=... ~ -=. The City shall continue J! ~~1ish and lU~l1tain agreements for provision of wate~d lewer servlG~ with adjacent municipalities and.J&Iiit-:.]Jeach ~unty. The ~shall continue to establish and iiliIIttain JBterlocal a~leats with neighboring governments: di~t ~I\~ourage the~ovision of orderly and.t,ficient water arl"~'~wer services in t~service area. _. - ~ -=- Number oflnterlil;.~ments mainfflmed. -:a --=:.... ~ -:.. -~. ~ '.I~H:y shall conTtnue t~interloGii agreements and service ~grel3ll~ts with adfif.#gov~ lor the provision of water ~and seW~'lervices on~ on-going ~is. . - ........... ... - - <~. = ":. - - - HiiI Ci~hall contim~.t!h utilize interlocal agreements with ad.fmiiBt fe...Jl M\1v:~rnmen~Ior the provision of water and sewer . ~.ervices ~I emerg~~I'tions. ~---. Tn~ity Siiil sgntinue to coordinate with the Palm Beach Cou"ifl Soli~ste Authority to ensure that the Authority's levelsl serv~ for solid waste disposal are not exceeded. Maint~nce of a level of service standilrd that is equal to or less than the :.. (/>u1!ifjFs level of service. -~ - m a minimum, the City of Boynton Beach shall continue to maintain a solid waste generation level of service that is both economically feasible, and consistent with those of Palm Beach County and will accommodate the future needs of the City. City of Boynton Beach Comprehensive Plan Amendments 08-01 8-6 Date: Intergovernmental Coordination Element Ordinance No. Policy 8.12.2 The City shall continue to provide a solid waste collection and delivery system that is consistent with policies of the Solid Waste Authority. Conservation Element - "" The City shal~rt and moni _e progress of the Lake Worth Lagoon Manag'i.fp~, and impli'Mrnt the modification of plan policies in accoi::lanc~ W~. relevan~~ findings related to 11!~Atee protectiota. .:::. .. ~"'.._:------.. --, ~" " , .- "":"'" --~, -- ..:::::: _ -.--w :~ Policy 8.13.3 ~The Cit~Lall require~ntinued coSlstency of all City policies and "':- , ; JiFtions w1ih the Lake ~th Lagooil Management Plan and require F5@~ies . h may furth~th.e.. plan. - ~ ,,' = .. . The I I cont~J~lle. i~- current program for participation in the ~er Re6iotlrce ConServation Subcommittee of the Palm Beach C Wa~aaagement Advisory Board. -, ----- ~, - ~,- -- - The Cii" shalft:ontinue to coordinate with the Palm Beach County Departiient of Environmental Management to ensure that the Seacr~ Scrub and Rosemary Scrub areas are maintained as a ~e asset to the community. Recreation and Open-Space Element Objective 8.13 Measurability: Policy 8.13.1 Policy 8.13.2: PoJ~:1:~.4 ....-.- - - .- -. - - Policy 8.~, - _. Objective 8.14 The City shall maintain avenues of coordination with those agencies, departments and entities th~ssist in the development and maintenance of a high quality ~ftt:!,environment based on the preservation, improvement .. wise'":! management of local existing natrual resources. - - - :~ ~, Number of interlocal agree~~b:<<!.~ained. " .' ..'.. ,. ~ "'::: .., - ~ -~ -- - ---- The City shall con~o suppo!,i: the water 1;~~iility regulatory programs of the State of RiCS&ida, PalD1.Beach Coutt@ft~!he South Florida Water Managementiiii.tr. · " The City shall continue to coordinate with County, State and local entities and agencies to maximize recreational opportunities for the citizens of Boynton Beach. City of Boynton Beach Comprehensive Plan Amendments 08-01 8-7 Date: Intergovernmental Coordination Element Ordinance No. Measurability: Number of coordination mechanisms created and maintained In accordance with the objective. Policy 8.14.1 The City shall coordinate with the Florida Trail Association, the Rails to Trails Conservancy, the Florida Department of Environmental Protection Office of Greenways and Trails and other organizations involved in the acquisition and development of trail systems within Palm Beach County. ~-=--_ Policy 8.14.2 The City shall work in conjunct1()Twith tFle State of Florida, the South Florida Water M,...:gemtml District, the Nature Conservancy, the Trust fo~ic La~i.:: and other appropriate agencies involved in COD~~fi;.lands [R~;i:f.U'ate a citywide open space system and a grPJllEt.~ays/ frails/bluewa~~ystem. -=-. -. ,',',", ":;-" '~ ~ --, Housing Element - =.. -..:.. ~ ----~ ,'.~.'.',','--- --. - -- ----.. - we-- ~ Objective 8.15 The City sJ.i&lI continue to ~1Ii;~Hnate with Federa'I, State and local departnliiBand agencies hi I.eder to implement a series of housing progriB'l~d at proVii'ls.g adequate housing and housing sites fo'iarery tQ"'~ low- an~rate- income persons t~rt their houslB,g nee~ =-- - ~- ~ ~'~ - ,,~ ;:' --. ~~ ~ Measurability: ,.:::: NumbeiiJ!!!:ousing unilijbnd sites pro;iiifed through the programs. ~---- :: ":.. ~" --- - --- --=.. = -=. Policy 8.15.1 ~ Ci~ha11 implem~..J!le Local Housing Assistance Plan - thr~@ ~~.tliji;;;; ljousing3.ftcentive Partnership funding which ..:i!J!f" . p.!ovi~cenn~~ tu ~he private sector in the construction of ~ . ., &.rdabIB'[~:welling UMS. ----- --=..----- 'W' __ '_ ~ ~ CoastiifjJtkmagement EI~nt =-- - .-.j",- ~ -- ~ _.- ~ _ 0 Objective 8.~. The Cij shall continue to enforce all applicable local, state, and ' .. . feder~oastal environmental regulations while providing for the ~Y.!!iPment of remaining vacant waterfront residential ~erties. Measurabili ty: Number of special permits issued for waterfront residential development. Policy 8.16.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South City of Boynton Beach Comprehensive Plan Amendments 08-01 8-8 Date: Intergovermnental Coordination Element Ordinance No. - - -- - -- ~ School Facili -...- - - Objecti~17 - -- -- _. , '~:'Mu__ of applications for school concurrency processed. ----- -. - The City Of Boynton Beach shall coordinate with the School District in order to: Policy 8.16.2 Policy 8.16.3 Policy 8.16.4 Policy 8.16.4 Measurability: Policy 8.17.1 Florida Water Management District, Palm Beach County Environmental Resource Management, & Palm Beach County Health Department. The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental Resources Management, and other affeCted parties in meeting the requirements of the Florida TotalIJFi~ Daily Load Program for the Lake Worth Lagoon. ~~~." ~ - The City shall continue to c ~ate w'fir.the Coastal Council and other agencies to ide. . anty, St~ . rind Federal grants available for establish~ local dune protec . rogram. ..c' - - ''',' .". ;~, --'--~.--' ":'_ The City shall continue t6i!!0Vide '. the local i~tation of the County Emergency~ess Plan wit@#: respect to residential n..fkation, evacuali~ and City management practices, with particu1~~hasis towa~he City's multi-family and mobile home ~ugh an iii~~rlocal agreement, and to en~urage public~rti~in the pl~g process. - - - ~- -:: - - - " - :- _0fhe ~hall contin -supp~p~ovide input to the County .....~atabas~egarding _ rgency @paredness targeting resident .... :~QUPS, @ld to seek 1!ooperation and assistance in updating pril'ald4Jf~ontingent upqll :)!?opulation growth in the coastal area, and- ue:~ublic input in the planning process. - _. - lemenL. - - ---- - ---;'. ~':~ The ~~ shalf?continue to coordinate with the Palm Beach CounttsSchod'I District to ensure that adopted level of service stand~s for public school facilities are maintained. . Verify available school capacity by the School District prior to issuing any site-specific development order for new residential units; City of Boynton Beach Comprehensive Plan Amendments 08-0 I 8-9 Date: Intergovernmental Coordination Element Ordinance No. . Coordinate planning with the School District regarding population projections, school siting, projections of development and redevelopment for the coming year, infrastructure required to support school facilities and amendments to the future land use plan element; and, Policy 8.17.2 . Provide a biannual report to the School District on April 1 and October 1 each year, cont;li4!Mng information regarding Certificates of Occupancy i~~ew residential units. The City shall continue to l~tajl1\' Iohe established process of coordination and collabor;lfoi{)"'fft~th t.tA;f 'County and the School District in the plannin~d "Iitlrtg of p . school facilities in coordination with planRia' infrastructure an ic facilities. - - , - The City Of Boynton Bead4~al1 cOQlg,jnate with I District for the collo~ation of public~, sTich as parks _ raries, and community Gimlers with schoo~ the extent possiffie, as sites for these public ~ and schools a.re chosen and development plans prepared;' -. . '. . ~ ----. - - - ~- " -". =" - . ....~ .- -- - - - - - - - - - - - - _. - Policy 8.17.3 - - - - - - - - - - - - - - - - - - - - - - - _. - - - - - - -- - '- -' - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - - - - - - - - _. - -- -,- - - - - - - City of Boynton Beach Comprehensive Plan Amendments 08-01 8-10 Date: Intergovernmental Coordination Element Ordinance No. DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 08-026 TO: Planning and Development Board Chairman and Members Michael Rumpf~~ Director of Planning and Zoning FROM: DATE: March I 7, 2008 RE: 2007 update of Capital Improvements Element and Schedule of the Comprehensive Plan (Informational attachment for Agenda Item 7 .B.I) The above-referenced document is being provided to you as an additional informational attachment to the EAR-based amendments of the Comprehensive Plan (Agenda Item 7.B.I). The 2007 update of the Capital Improvements Element and Schedule was approved by the City Commission on January 2,2008. On February 21, 2008, The Department of Community Affairs issued a Notice of Intent to find the update to be in compliance with subsection 163.3184(1)(b), Florida Statutes. Enclosures S:\Planning\HUDSON\EAR Amendments\CIE info item PD Board 08-026 memo. doc As explained in the INTRODUCTION, the 2007 amendments to the Capital Improvement Element are extensive and go well beyond changes recommended in the Evaluation and Appraisal Report. The main objective of the rewrite was to streamline and reorganize the objectives and policies to improve the element's clarity and attain full compliance with the state requirements contained in 9J- 5.016 and 9J-5.0055, Florida Administrative Code (F.A.C). Since the changes are so extensive, providing the previous version with marked changes is impractical. Instead, the following section provides a brief summary of the adopted amendments. 1. The first three sections of the previous version of Capital Improvement Element pertained to Sanitary Sewer, Potable Water and Parks. The policies contained in these sections were repeated from Utilities and Recreation and Open Space elements. These sections were removed; instead, the new policies (9.1.4 and 9.1.5), in accordance with the overall goal for the element, explicitly state that the capital improvement schedule must recognize the policies of other comprehensive plan elements. The policies concerning the level of service standards were moved to the concurrency section (Objective 9.2). 2. In the previous version, policies regarding public school facilities were placed in the Public School Facilities section as well as in several other sections of the element. As amended, this section was eliminated, and its policies allocated to specific objectives according to their contents. Please note that all changes pertaining to public school facilities were reviewed and endorsed by the Palm Beach County School district planning staff prior to adoption. 3. The policies under the prior Objective 9E.1 regarding the process to update the Capital Improvement Element were moved to the first Objective (9.1) of the adopted element. 4. The new concurrency section (prior Objective 9E.2) is expanded with the inclusion of the concurrency system requirements as per 9J-5.0055, F.A.C.. Moreover, a lengthy policy 9E.5.2 in the earlier version addressing the availability of public facilities to serve developments for which development orders were issued prior to the adoption of the plan were replaced by policies 9.2.11 and 9.2.12. The first policy asserts that impacts of such developments were incorporated into the level of service standards for all facilities for which such standards have been adopted and are therefore reflected in the Capital Improvement Schedule. The second further ensures that vested rights of any development are not impaired pursuant to Florida Law. 5. The prior Policy 9E.5.4 deals with the availability of public facilities to serve development projects, referred to as "exempt", for which development orders were issued prior to the effective date of the City Concurrency Management Ordinance. The ordinance went into effect in 1990 and all such projects are vested in accordance with the original approvals. 6. The previous Objective 9E.3, pertaining to the private developers' participation in facilities' improvement cost on proportionate share basis, was replaced by Objective 9.4. Additional policies within this objective list the possible form of contributions and the three programs through which the city currently collects the proportionate share contributions from new developments - the Park Impact Fee, the Water, Wastewater and Stormwater capital facility charges and the Proportionate Fair-Share Mitigation of Transportation Impact Program. 7. The previous Objective 9.E.4, pertaining to the City's capital program's revenues, was replaced by Objective 9.4. The new Policy 9.3.2 commits the City to maintaining the financial feasibility of the Capital Improvement Schedule as per new state requirement, defined in Section 163.3164, F.s. The copy of the previous version of Capital Improvement Element is attached. ii City of Boynton Beach Capital Improvements Element Goals, Objectives, and Policies Goal 9. The City shall provide adequate public facilities to meet existing needs and accommodate future growth consistently with objectives and policies of all elements of this Plan through a comprehensive cost-effective funding strategy. Objective 9.1 The City shall provide, or arrange for others to provide, capital improvements necessary to correct deficiencies in existing public facilities, to serve projected future growth and to replace obsolete and worn-out facilities, in accordance with an adopted Capital Improvements Schedule. Policy 9.1.1 The Capital Improvements Schedule shall include facilities that promote public health and safety and all facilities for which the Level of Service Standard has been adopted: Roads, Potable Water, Wastewater, Stormwater, Solid Waste Collection, and Parks and Recreation. The Capital Improvement Schedule may also include other facilities that enhance the quality of life for City's residents. Policy 9.1.2 Beginning in 2007, the City shall include in the Capital Improvements Schedule a five year financially feasible public school facilities program established in conjunction with the Palm Beach County School District. Policy 9.1.3 The Capital Improvement Schedule shall be organized by the following broad priorities: issues related to public health and safety shall receive first priority, issues related to providing the adopted level of service shall receive second priority, and all other additional issues shall be addressed as needed to maintain operational efficiency in the City. . Policy 9.1.4 By 2008, the City shall establish specific priority criteria for reviewing capital improvements projects. The criteria will reflect cost feasibility and effectiveness, relative magnitude and term of need, intergovernmental commitments, the ability to take advantage of other jurisdictional capital improvements, and overall budget impacts. Project evaluation may also involve additional criteria that are unique to each type of public facility, as described in other elements of this Comprehensive Plan. City of Boynton Beach Comprehensive Plan Amendments 9-1 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 Policy 9.1.5 The Capital Improvements Schedule shall implement fiscal policies to direct expenditures for capital improvements which recognize the policies of the other comprehensive plan elements. Policy 9.1.6 Public facilities projects listed in the Capital Improvements Schedule shall maintain adopted levels of service standards for existing and future development in a manner and location consistent with the Future Land Use Element of this Comprehensive Plan. Policy 9.1.7 The City shall continue to recognize that capital expenditures necessary for renewal, replacement or improvement of existing facilities take precedent over expansion or anticipated future facility needs. Policy 9.1.8 The City shall continue to enforce policies of Objective 7.4, contained in the Coastal Management Element, that limits public expenditure enabling or subsidizing development and redevelopment at increased density in the Coastal High Hazard Area. Policy 9.1.9 The City shall monitor and evaluate the Capital Improvements Element on an annual basis and reaffirm the City's Capital Improvement Schedule in conjunction with annual budget deliberations and adoption. Updated Capital Improvement Element with Capital Improvement Schedule shall be transmitted to the Department of Community Affairs no later than December 1st of each year. Objective 9.2 The City shall continue to require that development and redevelopment proposals are approved conditioned upon existing service availability or the scheduled provision of additional services at the adopted level of service standards and meet existing and future facility needs. Policy 9.2.1 The City shall enforce the Concurrency Management System as set forth in the City's Land Development Regulations to ensure that public facilities and services needed to maintain adopted Levels of Service standards are available concurrent with the impacts of development. Prior to the issuance of a development order or a building permit, the concurrency review shall establish the following: · Finding on the impacts created by the proposed development · Finding as to whether the public facilities covered under the Concurrency Management System will be available concurrent City of Boynton Beach Comprehensive Plan Amendments 9-2 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 Policy 9.2.2 City of Boynton Beach Comprehensive Plan Amendments with the impacts of new development at the adopted Level of Service; · Finding of facility(s) improvements or additions that are required to ensure the finding of concurrency; and · Finding of the entity responsible for the implementation of all required facility(s) improvements or additions. The Concurrency Management system requirements will be satisfied if, at the time development order or permit is issued, one or more of the following conditions are met: For potable water, wastewater, stormwater and solid waste: · A development permit is issued subject to the condition that, at the time of issuance of certificate of occupancy, the necessary facilities and services will be in place; or · The necessary facilities and services are guaranteed in an enforceable development agreement to be in place to serve the new development at the time of issuance of the certificate of occupancy. The development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, F.S., or an agreement or development order issued pursuant to Chapter 380, F.S. For parks and recreation: . The necessary facilities and services are in place or are under construction at the time a development permit is issued; or A development permit is issued subject to the condition that the necessary facilities and services are to be in place or under construction not more than one year after issuance of certificate of occupancy; or A development permit is issued subject to the condition that, at the time of issuance of certificate of occupancy, funds in the amount of developer's share are committed; or At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed agreement which provides for the commencement of the actual construction of the required facilities or the provision of services within one year of the issuance of a certificate of occupancy; or The necessary facilities and services to serve new development are guaranteed in an enforceable development agreement to be in place or under construction not more than one year after issuance of certificate of occupancy. An enforceable development agreement may include, but is not limited to, development agreements 9-3 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 . . . . Policy 9.2.3 Policy 9.2.4 pursuant to section 163.3220, F.s., or an agreement or development order issued pursuant to Chapter 380, F.s. For roadway facilities: . The necessary facilities and services are in place or under construction at the time a development permit is issued; or A development permit is issued subject to the condition that the necessary facilities and services are to be in place or under construction not more than three years after issuance of certificate of occupancy; or At the time the development permit is issued, the necessary facilities and services are the subject of a binding executed contract which provides for the commencement of the actual construction of the required facilities or the provision of services no more than three years after the issuance of a certificate of occupancy. The necessary facilities and services to serve new development are guaranteed in an enforceable development agreement to be in place or under construction not more than three years after issuance of the certificate of occupancy. An enforceable development agreement may include, but is not limited to, development agreements pursuant to section 163.3220, F.s., or an agreement or development order issued pursuant to Chapter 380, P.5. A proposed development may be deemed to have a de minimis impact and not be subject to the concurrency requirements. . . . . In the case of public school facilities, the issuance of development orders, development permits or development approvals shall be based upon the School District of Palm Beach County's ability to maintain the minimum level of service. The necessary facilities shall be considered to be in place when sufficient capacity exist in the concurrency service area (CSA) in which the proposed development is located, or an immediately adjacent CSA. Concurrency review for public school facilities shall require the applicant for a development order which includes any residential component to provide a determination of capacity by the School District of Palm Beach County that the proposed development will meet the public school facilities level of service. A determination by the School District is not required for permitting of single-family residences on existing single family legal lots of record. Policy 9.2.5 The City shall consider as committed and existing the public school capacity which is projected to be in place or under construction in the first three years of the School District's most recently adopted Five City of Boynton Beach 9-4 Date: January 2, 2008 Comprehensive Plan Capital Improvements Element Amendments Ordinance No. 07-042 Policy 9.2.6 Year Plan, as reflected in the Five Year Capital Improvement Schedule of the Capital Improvement Element of the City Of Boynton Beach's Comprehensive Plan. The availability of public facilities shall be determined and measured for the. required public facility types using the following Level of Service (LOS) standards: · for sanitary sewer - 100 gallons per capita per day for the maximum month average daily flow for peak population · for potable water supply and treatment - 200 gallons MDF per capita of peak population · for solid waste - 7.2 pounds per capita per day with bi-weekly pickup · for drainage - design for a 3-year storm for the duration of the time of concentration of the watershed · for drainage - floor elevation above 100 year storm (a minimum of six inches above the crown of any abutting road) · for parks: 2.5 acres of developed parkland per 1000 population The city shall provide a motor vehicle transportation network based on the following minimum level of service standards, except within the transportation concurrency exception area (TCEA) and designated constrained roadways at a lower level of service (CRALLS): · Level of Service "D" or better for peak hour conditions on all unspecified City local and collector highway facilities. · Level of Service "D" for peak season peak hour conditions on all unspecified arterial facilities. · Level of Service "D" for 1-95 through the City, Boynton Beach Boulevard from Old Boynton Road to 1-95, NW 22nd Avenue between Congress Avenue and 1-95, Congress Avenue between Boynton Beach Boulevard and NW 22nd A venue and Boynton Beach Boulevard east of 1-95. · Level of Service "Maintain" for all facilities that have been identified as Backlogged and Contrained (where Level of Service standards have been exceeded), except within TCEA and CRALLS. The School District of Palm Beach County shall maintain minimum level of service standards for public school facilities as follows, in accordance with the adopted Interlocal Agreement: City of Boynton Beach Comprehensive Plan Amendments 9-5 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 . The level of service is a school's utilization, defined as the emollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). . The level of service standard for all schools shall be 110 percent unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that a particular school can operate in excess of 110% utilization. No school shall operate in excess of 120% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. Policy 9.2.7 The advisory Levels of Service standards have been established for recreation facilities. The following standards are not part of the concurrency evaluation but the City shall considered them as guidelines in the capital improvement project review: Baseball/Soft. Youth -1 per 15,000 persons, Baseball, Reg-l per 25,000 persons, Basketball Courts -1 per 4,000 persons, Community Centers - 1 per 25,000 persons, Fitness Trails - 1/30,000 Football/Soccer Fields - 1 per 40,000 persons, Handball/Racq. Courts - 1 per 10,000 persons, Picnic Areas -1 per 3,000 persons, Playgrounds -1 per 4,000 persons, Multipurpose Fields - 1 per 10,000 persons, Shuffleboard Courts -1 per 5000 persons, Swimming Pools -1 per 40,000 persons, Tennis Courts - 1 per 2,000 persons, Bocce Court -1 per 25,000 persons, V olleyball Court - 1 per 15,000, and Skate park - 1 per 65,000. Policy 9.2.8 For areas to be annexed, which are platted, developed, under development, or have approved development plans in Palm Beach County, the level of service for parks at time of annexation shall be assumed to be that created by existing park facilities serving the area. Policy 9.2.9 All community redevelopment plans adopted by the City Commission shall include an evaluation of public facilities which serve the redevelopment area to determine whether the levels of service contained in the Plan are met, and to examine sources of funding for any necessary capital improvements related to these public facilities. City of Boynton Beach 9-6 Date: January 2, 2008 Comprehensive Plan Capital Improvements Element Amendments Ordinance No. 07-042 Policy 9.2.10 The City shall continue to coordinate capital improvement projects with plans of agencies that provide public facilities within the City as follows: Waterways: Boynton (C-16) Canal: The findings and recommendations concerning the primary drainage facilities shall be coordinated with the South Florida Water Management District and Lake Worth Drainage District. The City1s stormwater planning shall be coordinated with the drainage studies which will be conducted by the Lake Worth Drainage District. Intracoastal Waterway: The design of public facilities which are over, adjacent to, or in the Lake Worth Lagoon or the Intracoastal Waterway shall comply with the requirements of the Inland Navigation District and the Army Corps of Engineers. Roads: The City shall coordinate major road improvements with Palm Beach County, Metropolitan Planning Organization and the Florida Department of Transportation, and lobby them to ensure funding and construction of needed improvements to state highways. The Capital Improvement Schedule shall include all improvements made to state-and county roadway facilities by the Florida Department of Transportation and Palm Beach County that are essential for maintaining the level of service on facilities within the City's boundaries. Public School Facilities: The City shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: · School siting criteria; · Level of service update and maintenance; · Joint approval of the public school capital facilities program; · Concurrency service area criteria and standards; and · School utilization. City of Boynton Beach Comprehensive Plan Amendments 9-7 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 Policy 9.2.11 Policy 9.2.12 Objective 9.3 Policy 9.3.1 The City has incorporated the impacts of development orders issued prior to adoption of this Plan in the level of service standards for all facilities for which such standards have been adopted. Therefore, the Capital Improvement Schedule identifies the projects necessary to maintain the adopted level of service standards; this ensures the availability of public services for previously issued development orders. Notwithstanding the provIsIOns of this Plan to the contrary, the requirements of this Plan shall be maintained so as to not apply in any manner to impair vested rights established pursuant to Florida Law, to the extent that any development, or portion thereof, is vested as against the requirements of this Plan. The City shall maintain a capital program that can be adequately accommodated by projected revenues or other financial resources. Capital Improvements shall be financed, and debt shall be managed, as follows: . Public facilities financed by enterprise funds (i.e. utilities - potable water, sanitary sewer, storrnwater, solid waste, and golf course) shall be financed by: o Debt to be repaid by user fees and charges for enterprise serVIce; or o Current assets (i.e., reserves, surpluses, and current revenue, including transfers); or o A combination of debt and current assets. . Public facilities which are financed by non-enterprise funds (i.e., roads, parks, library, fire service, police protection, and government buildings) shall be financed from current assets: revenue, equity and/ or debt. Financing of specific capital projects shall depend on which asset, or group of assets, will be most cost effective, consistent with prudent asset and liability management, appropriate to the useful life of the project(s) to be financed, and make the most efficient use of the City's debt capacity. Policy 9.3.2 The Capital Improvement Schedule shall be financially feasible as defined in Section 163.3164, Florida Statutes. Specifically, the City shall ensure that sufficient revenues are currently available or will be available from committed funding sources for the first 3 years, or will City of Boynton Beach 9-8 Date: January 2,2008 Comprehensive Plan Capital Improvements Element Amendments Ordinance No. 07-042 be available from committed or planned funding sources for years 4 and 5, of a 5-year capital improvement schedule for financing capital improvements, such as ad valorem taxes, bonds, state and federal funds, tax revenues, impact fees, and developer contributions, which are adequate to fund the projected costs of the capital improvements identified in the comprehensive plan necessary to ensure that adopted level-of-service standards are achieved and maintained within the period covered by the 5-year schedule of capital improvements. Policy 9.3.3 The City of Boynton Beach shall maintain a maximum cap for long-term general obligation debt, 10% of the total assessed value of both real and personal property within the City limits. This cap shall be adjusted annually to reflect the annual changes in the assessed value. There shall be no limitation on the use of revenue bonds as a percent of total debt service of the City. Objective 9.4 The City shall continue to provide that private developers participate on a proportionate share basis in any facility improvement costs necessary to maintain the adopted level of service standards specified in Policy 9.2.6 via capital facility charges, impact fees and any other legally available and appropriate methods. Policy 9.4.1 The existing and future development shall pay a proportionate cost of the capital improvement necessary to maintain the adopted level of service. Existing development's payment may take the form of user fees, special assessment and taxes. Future development's payment may take a form of, but not be limited to, impact fees, capital facility charges, dedications of land, provisions of public facilities, and voluntary contributions. Policy 9.4.2 The City shall continue the implementation of the Park Impact Fee Program, allowing for land dedication in-lieu of the fee payment, to ensure that new development pays a proportionate share of the costs of park capital facility capacity needed to address the demand for such facilities generated by new development. Policy 9.4.3 The City shall continue the implementation of the Water, Wastewater and Stormwater capital facility charges to ensure that new development pays a proportionate share of the costs of the water, wastewater and stormwater capital facility capacity needed to address the demand for such facilities generated by new development. Policy 9.4.4 The City shall continue to implement its Proportionate Fair-Share Mitigation of Transportation Impact Program to allow for proportionate share contributions from developers toward traffic City of Boynton Beach Comprehensive Plan Amendments 9-9 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 concurrency requirements by contributing their share of the cost of improving the impacted transportation facility. Proportionate Fair- Share mitigation contribution may include private funds, contributions of land, and construction and contribution of facilities; the City shall continue its preference for the actual construction of facilities over contribution of funds. City of Boynton Beach Comprehensive Plan Amendments 9-10 Date: January 2, 2008 Capital Improvements Element Ordinance No. 07-042 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 Mr. Myott amended his motion for lots 18, 19 and 21 to have approved uses for charter school or the use designation of 0 & I in addition to that. Ms. Killian seconded the motion that unanimously passed. This item would be heard at the April 1 , 2008 City Commission meeting. B. EAR-based Comprehensive Plan Amendments 1. PROJECT: AGENT: DESCRIPTION: EAR-based Comprehensive Plan Amendments City-initiated Request to transmit Evaluation and Appraisal Report (EAR) - based amendments to the Comprehensive Plan to update the goals, objectives and policies and the Future Land Use Map. Hanna Matras, Economic Development Planner, presented the text amendment to the Comprehensive Plan and explained this was a process that is repeated every seven years. The process begins with the Evaluation and Appraisal Reports, (EAR). The EAR for the City's Comprehensive Plan was sent to the Department of Community Affairs on December 5, 2006, and was deemed sufficient on February 16, 2007 consistent with Florida Statute (F.S.) 163. The EAR amendment must be adopted by the City within 18 months; a date of August 19, 2008. The board would be voting to recommend the transmittal of the amendments to the Department of Community Affairs (DCA). If no comments are issued, then the City Commission would hold a second hearing, which would be the adoption hearing, held, preferably, prior to the August 19, 2008 deadline. The City contracted with Dick Hudson, former Senior City Planner, to complete the process. Dick Hudson, City Planning Consultant, explained he believed the cover letter was fairly in-depth and explained when they worked on the Comprehensive Plan, they tried to follow the requirements of F.S. 163 as closely as possible. Three of the elements were completely rewritten. These were the Future Land Use Element, the Recreation and Open Space Element, and the Intergovernmental Coordination Element. There were no changes to the Capital Improvement Plan Element or the Public School Facilities Element. The Capital Improvement Element was recently adopted and accepted by the DCA without comment. The other five elements had minor changes. Some were to change names, and update and eliminate antiquated entities that no longer exist. Dates were also updated. 5 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 The support document for the Coastal Management Element had many changes due to the change in the definition of the Hurricane High Hazard areas. The change necessitated staff go back and review those areas and as a result, staff removed some of the areas that were far west of the FEC tracks. Mr. Hudson explained when changing objectives is discussed, it would mean the objective and policies that followed were correlated. Additionally, staff added measurements in response to the State's mandate that each objective had to be able to be measured. Future land Use Element Mr. Hudson reviewed the Future Land Use Element and advised it was completely rearranged. Most objectives were carried over from the previous elements but were located in a different part of the amended element. In the new element, Objective 1 deals with the provision of services concurrent with development. These were for water, sewer and roads, and each one had different objectives. This was a subject of great import to the DCA so it was listed first. Objective 1.16 outlined all the land uses and contained the different densities and intensities, which was also very important. One change involved the Single-Family Residential Land Use Classification which was grouped into one category. It presently included low and moderate density, and there are two zoning districts in the low density designation; the rest were in the moderate density designation. This meant that if accepted, the highest density for the low-density residential district would be 7.5 units per acre. Medium density, which currently was for duplex only, would become 10 units per acre instead of 9.68. Mr. Hudson explained many Comprehensive Plans allow density in groups. He clarified some of the unit per acre numbers were not whole numbers. This occurred because the formulas were based on minimum lot sizes and on zoning codes; and when calculated out had fractions. He explained it was easier if they made these whole numbers and let the zoning code determine the breakdown to the finite degree. Mainly staff was outlining what could be done in the land use, and the Zoning Code would specify how it was done. Objective 1.24 was eliminated, which defined Development of Regional Impact's (DRI's) as a land use category. Staff has incorporated that into Objective 1.3 which was moved to the end. Throughout the existing plan, reference was made to the Boynton Beach 20/20 Plan, which was the basis for all the City's activities. There are other redevelopment plans that have taken the place of the 20/20 Plan and they are more up to date. There was some direction in the 20/20 Plan that the City conduct local planning studies. These were outlined in the plans and they were done, so they were removed. There were three new objectives. One of the objectives was regarding workforce housing, the second pertained to annexations and the third pertained to economic development which was not addressed before. 6 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 A comment was made which pertained to the proposal in the Future Land Use Element and was thought to be a mistake. The City was proposing to take two density categories which were the low and moderate density land use classifications and combine them into one category. The low density classification was currently at 4.84 units per acre but it would not be low density residential at 7. 5 units per acre. It was thought the City should be planning for areas where land should be developed at approximately a single-family density, and they should put a cammensurate land use designation on it. If low density was eliminated and there is a moderate density, developers looking at the land use plan for a designation, would be viewing it with an eye toward being able to develop it at 7.5 units per acre, having an expectation they could. It was noted there were legal arguments why the land should not be developed at that density. It was encouraged if the City wanted certain parcels to be single-family, then the City should say it, and not have various parcels zoned in various categories of land uses. It was thought it would create an inconsistency because when developers looked at the land use, it would be thought that some parcels were developed at a higher density than the current land use classification designation allowed for, which was low density residential. It was suggested instead of putting a land use designation on the property, consistent with the current designation and labeling it moderate, to make the zoning and land use designation consistent instead. The City was trying to cure the problem by increasing the density of the low density category. It was thought this was a step backward and not something the City should be entertaining. Mr. Hudson explained the affected properties proposed for the change were already developed. There was further dialogue about the City designating land in the annexation program and how the change encompassed those parcels. As an example, there was a five acre parcel of land adjacent to the City, currently in the County, bordering on three sides of City property which would not create an enclave for the City to annex. The question posed was what land use designation would be on the property. It was thought the land use designation was probably the same as it was to the south which was 4.84 units to the acre. The land to the south of the subdivision was County property when the developer proposed the development and annexation into the City. At that time, the City had a recommended land use for that property when it would be brought into the City. It was important because there are vacant parcels to which the concept would apply. It was thought the City should plan for areas that would be near single-family density and the City should say what it meant and put a designation on it that reflects that decision. Mr. Hudson explained the properties are zoned single-family residential, R-1. 7 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 The difference was single-family density usually would not exceed 5 units per acre. It was clarified this would be for single-family detached homes. If there is a land use designation of 7.5 and a zoning designation that says 4.84, the zoning would control. The point was the land use designation was the constitution and the zoning falls under it, not the other way around. Under existing law, just because there is a higher classification in the land use, it did not automatically entitle the owner to the higher zoning. It was thought it was not appropriate to put a higher land use designation on property than was expected or wanted at that density. It creates an unreasonable expectation to property owners. Discussion ensued the City was heading towards a more compact scenario and increased future density might be appropriate. The 7.5 units per acre density was the maximum. It was noted, in the future, it may not be that there are many new single-family homes developed. It would require zoning changes and site plan approvals to do so or the zoning requests for annexed land would be considered on that basis at that time. The board inquired, from a planning perspective, why the City would want to consider changing the density from 4.8 to 7.5 units per acre. Mr. Hudson explained there were many inconsistencies between the land use map and the zoning map. Many properties were given low density but the zoning was R-1 and single-family. This was found in many older areas, and the land use was inconsistent with what was constructed on the property. It was also based on lot size. In those instances, the City put a low density classification on it, and then they review and conduct an analysis during a process such as the EAR, learning what areas had a low density residential land use on it. The existing land use showed an inconsistency. One way to address the issue was through the moderate density designation. The question was how and what effect doing so would have on other areas, and whether they should change the density to 7.5 units per acre to address the issue, or should they review the land, parcel by parcel, and then propose properties to be developed with the lower density classification and not the higher. There may be instances where there would be a parcel that was wanted to be developed at a higher density, and maybe the City would agree, but often the land use and zoning are changed at the same time, as opposed to creating a false expectation of 7.5 units per acre throughout. The board had spent the last several months reviewing changes to the Land Development Regulations based on the existing Comprehensive Plan without these amendments. If the Comprehensive Plan was changed to accommodate the amendments, the Zoning Code would have to be changed. Accordingly, it was noted in regard to compatibility issues, the changes would be appropriate for areas that did not have a unified development plan supported by an HOA, or having a developer assembling single-family residences and then increasing the density of those lots to the higher density. It might also be appropriate in areas where there is no unified development plan and there are lots platted prior to a point in time when single-family was wanted. A developer would have the ability to acquire 8 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 single-family lots, assemble them and then take that single-family zoning into a multi-family environment. In that context it was fine, but in regard to the other comments made, there was not enough clarification in the context of compatibility as it pertained to the existing Comprehensive Plan, what was being proposed as new and what would have to be done to support it. Mr. Hudson pointed out the R 1-AAA zoning designation was being abolished leaving only one single-family district that would have the land use designation of Low Density Residential. In regard to having one specific single-family zoning district, it was noted many projects that are developed under low density residential land use are not developed under a single-family zoning district, rather they are developed under a PUD. A PUD does not have a zoning designation; rather, the density must be approved. Anyone could propose a PUD on any piece of land at any time if they have the low density residential classification they can develop at that level. Ifthe City conducted an analysis on areas, it would be different than looking at an area that should be redeveloped. The City should promote redevelopment in areas and allow for the potential for a developer to come in and apply for a higher density because they want the area to be redeveloped. It was also thought that currently, those lots would be non- conforming lots. Applicants have applied for density changes, and the density increase would alleviate those applications. It appeared the changes were more of a downgrading rather than upgrading. The board inquired with the proposed changes how staff contemplated it would be applied to the zoning change and what was the thought process behind how the zoning code change supported the land use map change. Mike Rumpf, Planning and Zoning Director, clarified Mr. Hudson summarized two land use changes affecting the Land Use Map. One was rounding of the numbers due to the density and lot size calculations, and the other pertained to the grouping of the zoning districts which currently coincide with the two lower end density land use classifications. He explained they were almost administrative house cleaning measures. If the City groups more, there is less of a potential need for a land use amendment in connection with a development or redevelopment project that currently a developer would need. In regard to the zoning, except for adjusting densities, there is an intended impact except for language. In the preamble for each of those zoning districts, which describes them, they will say if necessary, which land use are affected. Otherwise, there is an intended impact on the zoning structure, limiting the land use category so that you are grouping all the single- family detached districts under one land use. The range is being increased, and there was a wider range of densities, but the City was consolidating single-family detached parcels. Additionally, instead of land use classifications calculating out to densities that result with a figure having a decimal point, they were being rounded since the depth of that does not 9 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 trickle down into the zoning structure itself. The changes were kind of automatic. There were 7.5 units per acre on the moderate density land use classification, and then any zoning classification that equals that or less is deemed consistent with the Comprehensive Plan. A Comprehensive Plan change would not be needed to develop the land. This was part of the board's concern that the City was creating an expectation by having 7.5 units per acre on those properties even though the City, in its planning, may intend for it be a single-family density. Seven and a half units per acre is nat single-family density. It was thought it was much easier to obtain a zoning change to increase density if one is in a land use classification that already recognizes the higher density. Mr. Hudson explained 7.5 units per acre were still single-family and attached dwellings could not be put on it and sold. Most townhouse developments were at least 15 units per acre. The board discussed the density of different projects and felt it was not possible to develop an acre of land with seven homes on it. Mr. Rumpf explained the future land use is based on gross density, and includes retention, recreation areas, easements, etc. The 7.5 units per acre was also gross. Calculations for pervious areas and other aspects of development were also discussed in a PUD development, and with the 7.5 units per acre, the development would be speculation or random homes. Mr. Rumpf explained it was an overall development. The land use classifications are being applied across the City. Mr. Rumpf announced he would forward the board's comments to the City Commission and they could recommend changes be made when the map amendments are described, but in summary, there would still be a zoning analysis which considered compatibility with surrounding areas. The amendment would remove a review element to amend the Comprehensive Plan which is an important step. The land use is a cap on the overall gross density. Mr. Hudson duly noted the board's comments and explained the board could recommend that change not be included, but suggested waiting to review the land use amendment itself to make that recommendation, because it refers to the language that is in the Comprehensive Plan. Transportation Element Mr. Hudson addressed the Transportation Element and explained there were two policies changed to be consistent with County changes with the Traffic Concurrency Exception Area (TCEA) designation and a series of maps from GIS to replace the hand-drawn maps. Utilities Element Mr. Hudson explained the City would receive in the next few months, the 10 year Water Supply Facilities Plan, which needs to be incorporated into the Comprehensive Plan. 10 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 When the plan is received, it would require amendments to the Utilities Element. Conservation Element The only changes to this element pertained to program dates and agency name changes. Recreation and Open Space Element Recreation & Open Space Element was a totally new element. The Recreation and Parks Department Strategic Master Plan was adopted by the City a year ago. This was the first time the support documents were updated since the plan was written in 1989. There was an explanation of a blueway being a water path for boating and for kayaks. One member found it was not defined in the element. He found nothing addressing it anywhere except in title, or a plan for it. He found it was not addressed as part of the Coastal Management Element or in the Capital Improvements Plan element, nor was its impact. He did not find any boating access to the waterways addressed in the Capital Improvements Element in terms of per capita. He explained the City went to great lengths to create per capita relationships in policy 9.27 for a number of other uses within the City, but it does not address boater access to water on a per capita basis and he thought that was a mistake and it should be addressed. He added he found it was lacking for a water community and the City should embrace that. If population projections are correct it would be more of a problem in the future, and if the City does not address it now, they would not be acting responsibly. Housing Element This element had minor changes to it. The Housing Needs Assessment was added to the element support documentation. Coastal Management Element Mr. Hudson noted there were changes regarding the maps for the element. There were many changes due to the changes in the definition of the Hurricane High Hazard areas and staff removed some of those areas originally in the coastal management area. The members engaged in general comment and noted in reference to the Recreation and Open Space Element, currently in Broward County, there was an item pertaining to a land use plan amendment regarding conversion of open space to residential uses. There was language proposed that discouraged the conversion of open space for residential uses and then caveats were placed in relation to the strongly discouraged language. It went to the Regional Planning Council which voted to support the proposed language. But there was also a movement by the Board of County Commissioners to adopt the language that was proposed by the League of Cities with regard to tying it back to the Comprehensive Plan for 11 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 park open space already on the register subject to the conversion; not private properties. The issue was between public parks and private property being used for public purposes, such as a golf course that was not deed restricted to being a golf course. It was a private property taking, Harris Act conversation, that was going on and legal recommendations on how to deal and address the issue were wanted. The member did not see anything occurring to address that and there are facilities in the City that could be affected in the future. The issue was being brought to the staff's attention, that if the City does not take the initiative to control things within its own community, the County Commission might do it for the City. He explained he brought it to the board as a current topic of information, but he noted the issue was not specifically addressed. The population projections for five to 15 years showed the Boynton Beach Mall could be remade into a mixed use project with the addition of 1,000 multi-family units to the mall. It was thought with the closing of Palm Beach and Wellington Malls, the Boynton Beach Mall should be able to prosper with the right tenants. Additionally, destinations were needed for the residential units. Mr. Hudson agreed but explained there is a trend across the nation to add residential units. Many enclosed malls are now removing the roof and becoming open markets. Ms. Matras explained that possibility was taken into consideration with the Constrained Roadway at Lower Levels of Service (CRALLS) designation. Staff looked at the possibility of development in the Congress Avenue Corridor and this was one of them, which is driven by a private market. Given the market situation, nothing would happen for quite some time The discussion turned to areas in reference to annexation, and it was mentioned the City needs to pay more attention to the enclaves. The City's borders are convoluted and in the 1990s, the City tried to annex to Military Trail. The City would be trying to annex undesirable enclaves but also the desirable. The process to annex and whether the City was working with the County to get landowners to agree was questioned. Mr. Hudson explained there were a number of ways to annex such as via a vote or referendum of the people. Additionally, many water service agreements have an annexation agreement. If the agreement is well written, the land being serviced would become part of the City. Also there must be a certain percentage of signers. There was one enclave that had four vacant lots and because they were vacant lots, there was no water service agreement. The County rules prohibit the City from arbitrarily picking where to annex and sometimes it is cost prohibitive. Mr. Hudson explained the City could enter into an interlocal agreement with the County for annexation of properties, but if one property owner objected to it, the County would not allow it to move forward and that was part of the hindrance. It was noted the borders should be evened out. Discussion turned to consistency in terms of the Lake Worth Lagoon Management Plan and coastal hazard areas and their consistency with the widening of the inlet and the 12 'r""""'~"""'_"'''''''-'~~~'''''''<$h'''''-_'>i_~."..'',_",>,> Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 impact of the storm surge to all of the above. This issue was contained in the Coastal Management Element. Mr. Hudson explained Boynton Beach proposed the study and supports the widening of the inlet. Mr. Hudson explained there was a policy in the Conservation Element, but it was removed. The board members further discussed the text amendments. A comment was made on the Housing Needs Assessment and there was a lot of value stated from 2006; however, those statistics were probably from 2005. It was thought a disclaimer that the statistics may not be accurate in the changing environment would be appropriate. Ms. Matras discussed the Capital Improvement Element access as it pertained to the blueways and water access. She explained the City is working on the element and they would be doing the update within the next few months. This would be extremely challenging as the fiscal environment is deteriorating and there would be many claims on those dollars. Her suggestion was to leave it for now although it is a continuous process. They meet once a month on it. The legislation going on the ballot in November may further restrict the City's revenues and perhaps the City's expenses as well. They would have to add the level of service and then in terms of dollars on any other boat access, given the situation, they could only put forward their best efforts to do what was best for the City. She suggested taking the suggestion to the Capital Improvement Task Force in the City and see what developed. It was felt if the blueways would be addressed as part of the element, they should have a way to support it and have a way to better define it. If kayaking is going to be a sport in the City, there needed to be a way to get the kayaks from the car to the water, and a place to do it. If per-capita ratios are being created for all the other recreational services in the community, kayaking is also one that should be addressed, budget issues aside, or taken out of the element. If blueways would be referenced, it should be supported. A suggestion was made to list the activity and then in parenthesis add the word blueway. The City was spending a lot of money on the Intracoastal parks but it was not known how the City was promoting it through the capital expenditures? Ms. Matras explained the reason why DCA raised the visibility of the Capital Improvement Elements was to prevent the cities from creating a pie in the sky wishful thinking plan without any reality. She thought the Recreation and Open Space Element was created by a consultant two years ago and the Recreation Department had high hopes for the plan. Many activities were planned for the future. She would go back to the Recreation Department and Capital Improvement Task Force to see what could be done. The consultant, most likely, took the strategic plan for Recreation and Open Space. The plan was drafted and approved by the Commission as part of the whole package last year. That was why they planned to take it and use it. An example of ways to support a blueway would be to promote no wake zones. There are areas in the City that have no wake zones. Prime Catch does not have a no wake zone 13 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 and individuals do not dock their boats there because they will get slammed against the dock. The City needs to promote and regulate those types of activities. Concurrently, the City spends funds for a police boat and through the element, proper etiquette on the water could be tied to rules and regulations the police force could use to enforce them. There is more to the issue than just saying blueways. The City does it with sidewalks and other items and activities. They have checks and balances, and how they are managed, how they are maintained, how they get replaced, repaired, and patrolled should be outlined. Ms. Matras explained the Recreation Department Strategic Plan is supposed to be updated annually. She did not know when it would be updated next, but she thought those comments would be better placed in the Strategic Plan as opposed to the Comprehensive Plan because they are detailed regulations. Comprehensive Plans tend to have general policies. The Strategic Plan is a support document. Mr. Hudson explained the strategic plan is scheduled to be updated in May, but they cannot use a document that is adopted after the transmittal date. Motion Mr. Saberson moved to transmit the Evaluation and Appraisal Report to the City Commission with the recommendation that they adopt it with two exceptions; one being that at this time there be no change in the low density residential land use classification and two; that blueways be addressed more appropriately, consistent with the comments made in that regard. Ms. Grcevic seconded the motion. Mr. Hudson requested a language change. Mr. Saberson amended his motion to reflect the transmittal of the Comprehensive Plan amendments implementing the Evaluation and Appraisal Report, with the recommendation that they adopt them with the exception that there be no change in the low density residential land use classification, it remain at 4.84 units per acre and that the comments made in regard to blueways be more appropriately addressed in the Comprehensive Plan amendments that will be adopted. Ms. Grcevic had no objections to the change and the motion unanimously passed. Mr. Hudson reviewed the Land Use Map amendments. The first amendment was for Quantum Park. Quantum Park was always troublesome for the City in figuring land use because the entire area is designated Industrial and now it has residents and schools. It is no longer considered an Industrial Park, but it is designated Industrial on the Land Use Map. In keeping with what was done with the Renaissance Commons DRI, they would put in the a range of percentages giving a leeway of 20% with the various uses in the Comprehensive Plan. This is permitted under State law for DRl's, and it allows for changes to be made without having to go through a major amendment to the DR!. All is governed by the trips generated, which was the control mechanism for 14 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 DRl's, and they cannot exceed the threshold. The uses could be moved or changed but they cannot add more trips than they were originally given when the DRI was approved. Motion Mr. Myott moved the designated future land use for the Quantum Park of Commerce be changed from the current land use of Industrial to a DRI and the accompanying language be placed in the Comprehensive Plan. Mr. Lis seconded the motion that unanimously passed. The Boynton Beach Mall Map Amendment was reviewed. Mr. Hudson explained the use is all commercial. He explained if it were necessary, they could remove some of the commercial uses and shift it to residential. The designation was still regulated by the ADA, allowing 3,306 trips during peak hour. The map amendments were all City initiated. Motion Mr. Myott moved that the Boynton Beach Mall Map amendment be classified as a DRI. It was confirmed that the intent of the City's map amendments was to classify the land as a DRI, and the uses and limitations are what the City currently has. Vote Mr. Lis seconded the motion that unanimously passed. The Map Amendment for the residential zoning districts was reviewed. Motion Mr. Myott moved to reject the change from the all residential zoning districts to Moderate Density Residential. Mr. Saberson seconded the motion which unanimously passed. The Sunshine Square Map Amendment was reviewed. Mr. Hudson explained the City has already rescinded the zoning on it. The land use needed to be made consistent with the zoning. This would change from Mixed-Use, to Local Retail Commercial. Motion Mr. Lis so moved. Mr. Myott seconded the motion that unanimously passed. Motion Mr. Saberson moved to reconsider the City Code motion previously made. Ms. Grcevic seconded the motion that unanimously passed. 15 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 25, 2008 Motion Mr. Saberson explained Mr. Myott's motion addressed the issue of not designating the moderate density parcels in the City where it says all land in the City currently designated Moderate Density Residential would be changed to Low Density Residential, which they rejected. He wanted to modify his prior motion to be the board rejects this proposal, that all land in the City currently designated Moderate Density Residential be changed to Low Density Residential, (which is the proposal) and he noted the paragraph goes on about increasing the density in the low density from 4.8 to 7.5, so his motion would be also to reject that and leave the Low Density Residential at 4.84 or whatever it currently was at. Mr. Poznak seconded the motion that unanimously passed. 8. Other None. 9. Comments by members None. 10. Adjournment There being no further business to discuss, there was consensus to adjourn. The meeting adjourned at 8:21 p.m. : Uf tJl n j): ,I V [I. { " I i, L ..~. ',_ - '-"- '-^" v~~ ,.1~c.1.. - - j Catherine Cherry l Recording Secretary 032608 16 [x. - CITY MANAGER'S REPORT [TEM A CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [8J April] 5, 2008 March 3 J, 2008 (Noon) D June 17, 2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D July 15, 2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D Announcements/Presentations [8J City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business D Public Hearing D RECOMMENDATION: Rd. Discussion of proposed annexation of properties in vicinity of Hypoluxo and High Ridge EXPLANATION: The city staff has received a request from property owners of a parcel located at the NE Corner of Hypoluxo and High Ridge for annexation or approval of sanitary sewer service. The proposed use is a commercial shopping center. The property as originally proposed for sewer service is not contiguous to the City. However, the agent for the developer indicates that they now have authorization for the annexation of parcels on the south side of Hypoluxo that would achieve the proposed shopping center parcel becoming contiguous to the City. City staff has had discussions with Lake Worth Utilities and the Town of Lantana. The parcel north of Hypoluxo is in the City of Lake Worth utility service area even though it is unincorporated. This means that in order for the City of Boynton Beach to offer sanitary sewer north of Hypoluxo, an interlocal agreement with the City of Lake Worth is needed. Staff has had discussions with the City of Lake Worth but the specifics of an agreement have not been worked out. The mechanics of how to provide and bill for sanitary sewer service have been worked out. With respect to the Town of Lantana, the Town has taken the position verbally that they are opposed to the annexation of the parcel north ofHypoluxo into the City of Boynton Beach because this parcel is identified by them as being part of their ultimate annexation area. The Town of Lantana is not contiguous to the parcel north of Hypoluxo Rd. but they have indicated they desire the parcel to be annexed into Lantana. This presents the City of Boynton Beach with a challenge of whether to proceed with the annexation of the parcel north of Hypoluxo or not. This is the policy decision of the City and the alternatives are outlined below. PROGRAM IMP ACT: Boynton Beach Utilities indicates that we can provide sanitary sewer service to the annexation area. FISCAL IMPACT: (Include Account Number where funds will come from) - The annexation and development of the parcel north of Hypoluxo as a shopping center will have a property tax benefit to the City of Boynton Beach if we annex the property. If the City provides sanitary sewer service without annexation, we do not receive the property tax revenue. Comparatively, the taxable value of a developed shopping center is estimated to be $23,550. This is based on comparative tax value with an existing similar sized shopping center on Federal Highway as follows: S:\BULLETrN\FORMS\AGENDA ITEM REQUEST FORM DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Proposed Hypoluxo Shopping Center - Based on Preliminary Site Plan: According to a preliminary review of the site plan there are a total of: Two '"A" Units at 1029 sq. ft. or 2,058 sq. ft Twenty-Eight "B" Units at 996 sq. ft. or 27,888 sq. ft. One "C" Unit at 8,800 sq. ft. One "0" Outparcel at 3.060 sq. ft Total: 41,806 sq. ft. Comparative Shopping Center in Boynton Beach at 19,876 sq. ft. yielded a City property tax revenue of 56.34 cents per square foot or $] I ,200/yr based on the City's 2007-08 Tax Rate of 6.4553. Taking this multiplier for the proposed shopping center, the revenue estimate for Boynton Beach property taxes would be: 523,550. In addition, the developer's representative has advised staff that a gas station site to the east of the shopping center site would be re-developed but there is no estimate of project value from which property tax revenues could be estimated. ALTERNATIVES: ] . Proceed with the annexation of the property based on the property becoming contiguous to the City via the annexation of the property to the south. This would require approval of an intra-local agreement with the City of Lake Worth for release of the sanitary sewer service to the City of Boynton Beach and for Lake Worth Utilities to provide water to the property north of Hypoluxo. The City of Boynton Beach would provide water and sewer south of Hypoluxo. A developer agreement would be necessary to spell out their responsibilities for the upgrade of the sanitary sewer service and extension of utility lines to serve the properties. This alternative would likely result in an objection from the Town of Lantana based on their position that the property north of Hypoluxo is within their future annexation area. 2. Agree to provide sanitary sewer service to the shopping center site north of Hypoluxo at the out-of-city rate. This would require an interlocal agreement with the City of Lake Worth to allow us to provide sanitary sewer service outside our normal service area. The developer and the City of Boynton Beach would enter into an agreement to address payment for utility extensions and improvements to the City's sanitary sewer service. The parcel would remain unincorporated unless or until Lantana becomes contiguous to the parcel and annexes the property. 3. Decline to provide sanitary sewer service to the property north of Hypoluxo, the property owner could build on the property in the county with Lake Worth water and a septic system. Th", i, no I'g" obligation fo, th, City to "<ovid, "nitary ,"wee ,""ie, to ~OIUxn. #. . Department Head's Signature City Manager's SIgnature Assistant to City Manager ~ Department Name City Attorney I Finance S\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC LAW OFFICE OF STUART R. MICHELSON 800 SOUTHEAST THIRD AVENUE FOURTH FLOOR FORT LAUDERDALE, FLORIDA 33316 DADE 305-861-1000 BROWARD 954-463-6100 TOLL FREE 866-563-6100 FACSIMILE 954-463-5599 Smichelson@Smichelsonlaw.com F~ ;~~. -~ ~ ~ 1 :-P~) r---~"" .---............----, .,! ! ~ Stuart R. Michelson MAR 2) 2008 Of Counsel Jason H. Coffman Ilene L. Michelson e-mail: ilcnemichelsonlilaol.com I ! I I l._______...__.__.._._.-J " ~.. ~.. -. !'l r -, ,"...... :.'~' I. ' , : ... , .., ; .-....,-. '--_.~-'- .._._-,_._-<--,"-,-~ '.-""P ..~_~,_,______, March 21, 2008 Mr. Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, FL 33425-0310 RE: V oluntary Annexation to the City of Boynton Beach Our file No: 2227 Dear Mr. Bressner: Please allow this letter to serve as response to your request for information to evaluate the annexation proposal as per our telephone conference of March 17, 2008 and City Attorney Jim Cherofs letter of that same date. It is my under- standing that this information will be presented to the City Commission at its April 15t\ 2008 Commission meeting. There are six properties which comprise the annexation parcel. These properties are seeking a voluntary annexation to Boynton Beach and are located south of Hypoluxo Road in the Boynton Beach future annexation area. Two parcels, those with folio numbers 00-43-45-04-00-000-7380 and 00-43-45-04-00- 000-7440, are located north of Hypoluxo Road and east of High Ridge Road. Contiguity is established in the following manner. The property identified with folio number 00-43-45-08-01-000-0010 and owned by Carmen and Samuel Mercado (hereinafter referred to as the "Mercado" property), is directly contiguous to the boundary of the City of Boynton Beach. Each of the properties to the east of the Mercado property is contiguous on its western boundary to the parcel to the west and provides contiguity for the next parcel in line. Mr. Kurt Bressner March 21. 2008 Page 2 The two properties identified by folio numbers 00-43-45-04-00-000- 7380 and 00-43-45-04-00-000-7440, (hereinafter referred as the "Shoppes" property) are contiguous on their southern boundaries with the parcels proposed for annexation on the south side of Hypoluxo Road. In order to fully develop the Shoppes properties, sewer service is essential. Though physically located within the future annexation area of the Town of Lantana, it is not possible to achieve contiguity with Lantana as one of the property owners to the east of the Shoppes property is not willing to annex. Also, Lantana is incapable of providing sewer service to the Shoppes property as it is my understanding their closest sewer lateral is east ofI-95. Thus. it will likely require the utility to jack and bore under 1-95 for sewer service to be provided to these properties. While Lantana is in the process of preparing a study on this matter. it is estimated that the cost of extending the lateral would be approximately one million dollars. ($1,000,000.00). The Shoppes property is located in the Lake Worth utilities area. Lake Worth Utilities cannot provide sewer service to the Shoppes property either. though it currently provides water service, as the closest sewer lateral is six thousand feet (6000') north of the subject property. In discussions with utilities staff from Lake Worth and Boynton Beach, it was proposed that the Shoppes developer install a master meter for the development and pay a fee to Boynton Beach for sewer based upon water usage. This is agreeable to the developer of the Shoppes property. 1. Names of your clients and a parcel reference to the property each owns. Parcel Number Owner 00-43-45-04-00-000-7380 00-43-45-04-00-000-7440 00-43-45-09-00-000-3100 00-43-45-09-00-000-3140 00-43-45-09-00-000-3160 00-43-45-08-01-000-0010 Hypoluxo Shoppes, Inc. Hypoluxo Shoppes, Inc. Hypoluxo Plaza II, LLC Shelti Grace LLC Hypoluxo Plaza II, LLC Carmen and Samuel Mercado 2. A site map of the proposed annexation area identifying the City of Boynton Beach boundaries as well as the parcels owned by each of your clients in relationship to those boundaries. See attached Exhibit "A". Mr. Kurt Bressner March 21, 2008 Page 3 3. A description of the current use, if any, of each parcel. 00-43-45-04-00-000-7380 00-43-45-04-00-000-7440 00-43-45-09-00-000-3100 00-43-45-09-00-000-3140 00-43-45-09-00-000-3160 00-43-45-08-01-000-0010 Vacant - commercial Vacant - commercial Vacant - commercial Gas Station Vacant - commercial Vacant - commercial (See attached Exhibit "B") 4. The precise nature and intensity of the development proposed for the annexed area and each parcel. A proposed site plan and elevations have been attached as Exhibit "C" for the following two parcels. These are the two parcels currently pursuing development. 00-43-45-04-00-000-7380 00-43-45-04-00-000-7440 The following parcel is already developed. The existing use is a gas station with an ancillary convenience store. 00-43-45-09-00-000-3140 5. A statement that indicates if the proposed uses for each parcel will fit within the allowable uses set forth in the City's C2 zoning category. All of the currently proposed uses for each parcel will fit in the allowable uses set forth in the City's C-2 zoning provided that the following section "cc" under C-2 zoning is intended to permit gas stations with convenience stores as currently exists on parcel number 00-43-45-09-00-000-3140 Automotive service stations, without major repairs (see definitions: "major repairs "), and including car washes as an accessory use, provided that at least one (1) frontage lies along afour-lane collector or arterial road, and the site is developed in accordance with Section 11.L. In the. district, repair and service of vehicles, other than refueling, shall be limited to automobiles, motorcycles, and pick-up trucks with a rated capacity of not more than one (1) ton. All repair and service ofvehicles shall be done within an enclosed building. Mr. Kurt 8ressner March 21. 200R Page 4 Thus, 1 would appreciate it if you would please confirm that the existing gas station and convenience store would be an allowable use in C-2 zoning. 6. A proposed timeline for the development of each parcel. The only parcels currently proposed for development are the parcels with the following folio numbers. 00-43 -4 5 -04-00-000- 7 380 00-43-45-04-00-000-7440 No specific time frame has been established for the development of any of the other parcels. 7. A list of incentives, if any, that your clients will be seeking from the City in conjunction with the development of the parcels. The only incentives my clients are seeking is the ability to hook up to the City's sewer system. Otherwise, they are not seeking any incentives. As we have discussed, 2 of the subject parcels are currently in the Lantana future annexation area. Those are the parcels with folio numbers 00-43-45-04-00- 000-7380 and 00-43-45-04-00-000-7440. In the event that the City of Lantana objects to the annexation of these two parcels as per our discussion, my client would suggest that as an alternative option, he be permitted to enter into a service agreement for sewer service with the City of Boynton Beach and all of the other parcels south of Hypoluxo Road be annexed into Boynton Beach. This would still permit additional annexation by Boynton Beach and allow for my client to appropriately develop his property. As you can see, the Shoppes property is in a unique situation and is seeking assistance from Boynton Beach to remedy these issues. My client and I greatly appreciate all of the time and effort your staff and you have given us in an attempt to resolve this issue. If you need any additional information, please let me know. I look forward to seeing you on April 15th. Regards. ~ ~, f HfwJl..1 ~ :- ~ b/~ [ ~.. , I~. ti, /(H0-/' I . ". . Ilene L. MichelsoN., "'",-J r.o.w. Gary R. 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(;i m'- il!~ z ii1 1J o 0 III" 0 -0 0 J.;--;-- j<i<l- - 8ni~~ ~.~ 8~ ~in" ~~~ f;~~~' ~~m ~~ 0 ~~~ -i ~ " ~I_ i ~",\-r~_<:"" , . , t " -'.-- .\ ~ - - : .o~r)! 'V' . ~"", "" 1'0 N C\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM IX.-CITY MANAGER'S REPORT ITEM B. 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 [gJ April 15, 2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14, 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) 0 Announcements/Presentati ons [gJ City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business 0 Public Hearing 0 RECOMMENDATION: Receive and discuss a summary financial analysis of the City's General Fund and the Utility Fund for the six months ended March 31, 2008. EXPLANA TlON: As these two funds represent approximately 75% of the City's total budget, it is our intent to provide the Commission with a timely and regular update of their budget status for consideration and discussion, as appropriate. As funds are not spent or received equally during the year, all revenues and expenditures to date in FY 2008 are calculated as a percentage of the total annual budget and compared to this same point in time with FY 2007. PROGRAM IMPACT: Displays the use of budgeted funds by revenue sources and departmental program expend ituresl expenses. FISCAL IMPACT: Provides the Commission with an opportunity to review the source and use of our financial resources on an interim basis during the fiscal year as compared to our budgeted funds. ALT:a~y (fi: g Department Head's Signature ~~ Ity Manager's Signature Assistant to City Manager ~.. /~ City Attdmey I Finance Financial Services Department Department Name S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC CITY OF BOYNTON BEACH FINANCIAL SERVICES DEPARTMENT MEMORANDUM TO: Kurt Bressner, City Manager FROM: Barry Atwood, Finance Director Tony Davidson, Assistant to the Finance Director DATE: April 9, 2008 SUBJECT: Analysis of Revenues & Expenditures (General Fund & Utility Fund) Six Months Ended March 31,2008 (50% of the Fiscal Year) We have summarized and are providing this analysis of actual revenues and expenditures I expenses of the City's General Fund and Utility Fund for the period ended March 31, 2008 compared to the annual budget of each fund. GENERAL FUND To date, revenues exceed expenditures by $12.2 million or a 5% increase over $11.6 million at this same date last year. This excess of revenues results from a majority (87%) of property taxes received in the first six months of the year before they become delinquent. Revenues - To date in FY 2008, General Fund revenues realized are $51.5 million (69%) of the $74.5 million annual revenue estimate. In total, this compares slightly favorable to FY 2007 revenues realized of $50.9 million (68%) of the $74.8 revenue budget. Of the $0.6 million increase to date over FY 2007, the major revenue increases come from - . Building permits - $0.4 million . Transfers from other funds - $0.5 million However, these are offset by decreases from the following source of revenue - . Interest earnings - $0.4 million Expenditures - General Fund expenditures to date are $39.2 million (53%) of the $74.5 million expenditure appropriation. This just about equals the amount and percent expended at this point in the fiscal year compared to FY 2007. The attached graphs and the Statement of Revenues and Expenditures provide greater details of this analysis. UTILITY FUND Through March 31, Utility Fund revenues exceeded expenses by $0.9 million in FY 2008 compared to $1.2 million last year. This decrease Revenues - To date in FY 2008, revenues of $13.5 million (41% of the annual $33.3 million annual estimate) decreased from $13.7 million (45% of the annual $30.3 million) in the same period in FY 2007. The 10% increase in the annual revenue estimate results from rate increases effective this year. However, anticipated increases are being offset by water restrictions as actual revenues are down. Perhaps as an impact of the economy, utility bills are being paid at a slower rate as noted by the outstanding receivables increasing by approximately 10% during the first six months of this year when compared to FY 2007. Expenses - Utility Fund expenses this year are $12.6 million (38%) of the annual budget compared to $12.4 million in FY 2007. Major expense increases appear in the areas of general administration and utilities engineering. The attached graphs and the Statement of Revenues and Expenses provide greater details of this analysis CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS Six Months Ended MlIrc:h 31, 2008 ($ iB tho_do) Period REVENUES FY 2007 tv Man:h $SO,952 Total Budcet $14,840 % tv date 68% FY 2008 tv MlIrc:h $51,517 Total Budcet $74,571 % tv date 69% GENERAL FUND FiseaI Period % CItJmce NET $11,625 $12,264 5% S6O.OOO GenenI Fund Cemparisou Year to Date ($,._) $50.000 SSCl,951 $40.000 $30.000 $10.000 $10,000 $0 IT 1007 t. March I 0 REVENUES I 580,000 570.000 Two Year Cumulative Revenue Comparison Year to Daft; ($ in thnusuds) i $60,000 I 550,000 $40,000 $44,36 ,529 $30.000 I 520,000 1510,: I I Oct Nov Dee Jan Feb ~ Cwnm 07 Actual ! 580,000 I 570,000 Two Year Cumuladve Expenditun ComparilOD YelIrteDm (5 in thousaads) $60,000 550,000 $40,000 530,000 520,000 $10,000 $0 Oct Nov Dee Jan 551,517 IT 1008 to March IDEXPENDI~ $51517 5,385 Mar Sep i J Apr May Jun JuI Aug --Cwnm 08 Actual 53 53 Feb Mar Apr May Jun JuI Aug Sep L -Cu... 07 Actual ---ClIO... 08 AduaI , I _J S:IFinanceIFinancial ReoortsIMonthIv\MonthJv BudROt Sununarv Reoort - MBr 08:Tsble & Grooh _ SiIude CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES & EXPENDITURES - COMPARATIVE BUDGET TO ACTlJAL Six Months Ended March 31, 2008 FY 2008 FY 2007 CURRENT Ocr-MAR VARIANCE BUDGET OCT-MAR VARIANCE REVENUES - 001 (General Fund) BUDGET REVENUE PERCENT REVENUE PERCENT AD VALOREM TAXES $38,151,700 $33,157,725 87% $38,304,337 $33,012,738 86% FRANCIDSE FEES 5,188,400 2,490,558 48% . 4,388,800 2,637,933 60% UTILITY SERVICES TAXES 2,425,190 994,496 41% ] ,957,750 979,355 50% PUBLIC SERVICE TAXES 1,397,300 525,008 38% ] ,315,800 560,809 43% OCCUPATIONAL LICENSES ] ,385,000 1,337,450 97% 1,509,000 1.267237 84% BUILDING PERMITS 5,244,930 3,247,276 62% t 5,595,800 2,803,588 50% OTHR LICENSES, FEES & PER 223,700 ] 44,422 65% 220,800 156,194 71% OTHER FEDERAL REVENUE 2,500 27,025 108]% 2,500 67,516 1701(% STATE SHARED REVENUES 7,747,000 3,113,434 40% . 7,688,857 3,269,826 43% SHRD REV FROM OTHR LCL 942,000 ]23,819 13% 945,000 166,836 18% PYMTS IN LIEU OF TAXES 87,200 82,552 95% ] 30,200 87,502 67% CHRGS-GENERAL GOVT 406,750 177.343 44% 46] ,700 169,750 37%) PUBLIC SAFETY 3,482,600 2,204,628 63% t 3,149,220 2,050,691 65(~"o PHYSICAL ENVIRONMENT 0 2,878 0% 0 0 00/'0 CULTURFJRECREA TION 266,800 158,669 59% 269,800 J66.106 62% VIOLATIONS LOCAL ORD. 280,000 49,520 18% 273,000 120,138 44% INTEREST EARNINGS 1,519,525 685,1 ] 6 45% . 1258,000 1.100,947 88% RENTS AND ROYALTIES 209,500 78,610 38% ]99,650 86.002 43~/;) SALE OF SURPLUS MATERIAL 7,500 ] ,628 22% 7,500 457 6% OTHER MISC. REVENUE 216,900 221,271 102% t 325,900 79,545 240/0 TRANSFERS 5,386,800 2,693,400 50% t 4,336,800 2,168,400 50% NONOPERATING SOURCES 0 0 0 2,500,000 0 0% Total Revenues 74,571,295 51,516,828 69% $74,840,414 $50,951,570 68% EXPENDITURES - 001 (General Fund) CITY COMMISSION 474,152 ] 68,489 36% 555,805 214,826 39% CITY MANAGER 61 ],335 279,047 46% 606,278 312,673 52~-o CITY HALUGEN. ADMIN 10,311,317 7,1 06,552 69% . 12,454,945 6.718,636 54'70 PUBLIC AFFAIRS ]85,891 80,622 43% ] 92,343 64,702 34% SPECIAL EVENTS 0 66 0% 381,825 227,174 60% CITY CLERK 558,205 247,460 44% 501,978 2]6,663 43% FINANCIAL SERVICES 1,176,]49 569,946 48% 1,112,313 588,279 53% ITS 1.763,228 953,852 54% . 1,754,553 836,900 48% GEOGRAPIDCAL INFO SYSTEMS 411,207 221,597 54% 483,068 207,074 43% HUMAN RESOURCES 9]6,809 392,]01 43% 829,849 375,478 45% ORGANIZATIONAL DEVELOP 214,790 79,189 37% 278,674 139,520 5()'% COMMUNICATIONS 2,341,086 980,431 42% t 1,935,009 1,075,042 56%) CITY ATTORNEY 444,046 218,783 49% 491,772 211,387 43~/(\ POLICE 21,245,948 11,598,791 55% t 20,896,133 11,882,823 57~1( CODE COMPLIANCE 1.024,201 520,449 5]% 969,310 513,446 53%) FIRE 14,802,509 7,562,192 51% ]4,162,165 7,598,238 54~~1 EMERGENCY MANAGEMENT 149,697 35,626 24% 236,600 49,766 21% DEVELOPMENT 387,954 201,970 52% 367,500 ] 94,595 53%J BUILDING 2,432,725 1,128,663 46% 2,286,211 1.151.343 500/0 ENGINEERING 919,102 423,128 46% 972,387 464,157 48'l;" PLANNING & ZONING 1,039,390 501,587 48% 960,924 449,247 47(Yo BUSINESS TAX 288,726 134.837 47% 258,254 134,330 52~/;1 NEIGHBORHOOD SERVICES 114,452 44,682 39% 295,515 85,048 290/" PUBLIC WORKS 294,524 148,698 50% 278,106 ]49,9]7 54% FACILITIES MANAGEMENT ] ,792,068 879,153 49"10 1,599,201 858,692 54~o STREETSNUUNTENANCE 1,064,949 412,257 39% ],129,143 449,143 40% ANIMAL CONTROL 185,049 84.840 46% 167,951 87,527 52Oi[) LIBRARY 2,490,441 1,097,683 44% . 2,283,730 984,449 43~il) RECREATION 2,820,725 1,203,423 43% 2,332,028 1,258,306 540ft) FORESTRY & GROUNDS 1,862,982 735,510 39% ] ,857,303 772,094 42(jo PARKS MAINTENANCE 2,247,639 ] ,043,592 46% 2,209,541 1,073,] 56 49% RESERVES 0 224 0% 0 -21.017 Ol}'() CRA REIMBURSABLE 0 197,230 0% . 0 3,129 Ol?-o Total Expenditures 74,571,296 39,252,670 53% 74,840,414 39,326,743 53% Net Change 12,264,158 11,624,827 t _ Favorabk~ FynX vanance percentage or amount compared to FT)'()i I _ Unfavorable FY08 variance percentage or amount compared to FY07 CITY OF BOYNTON BEACH, FLORIDA STATEMENT OF REVENUES & EXPENSES - COMPARATIVE BUDGET TO ACTUAL Six Months Ended March 31, 2008 FY 2008 FY 2007 CURRENT OCT-MAR VARIANCE BUDGET OCT-MAR VARIANCE REVENUES - 401 (Utility Fund) BUDGET REVENUE PERCENT REVENUE PERCENT CHRGS-GENERAL GOVT $50,000 $31,351 63% $50,000 $53,287 107% PHYSICAL ENVIRONMENT 32,036,707 13,186,111 41% t 28,985,200 13,250,160 46% ~TERESTE~GS 1,100,000 281,872 26% 1,212,310 386,991 32% SALE OF SURPLUS MATERIAL 5,000 0 0% 5,000 700 14% GAIN/LOSS-SALE OF INVEST 0 1,378 0% 0 0 0% OTHER MISC. REVENUE 20,000 25,125 126% 40,400 3,847 10% TRANSFERS 101,108 50,554 50% 101,108 50,554 50% Total Revenues 33,312,815 13,576,391 41% $30,394,018 $13,745,539 45% EXPENDITURES - 401 (Utility Fund) I WATER DISTRIBUTION 1,472,215 830,337 56% 1,435,611 692,814 48% PUBLIC WATER TREA 1MENT 6,159,042 2,850,269 46% 5,704,777 2,852,425 50% METER READ~G & SERVICES 1,210,417 478,620 40"10 , 1,259,773 588,029 47% W ASTEW ATER COLLECTION 1,749,751 740,523 42% 1,740,675 857,669 49% WASTEWATERPUMP~G STAINS 2,587,611 1,157,641 45% 2,615,408 1,121,267 43% SEWAGE TREATMENT 3,775,800 1,424,571 38% 3,670,000 1,455,185 40% WATER QUALITY 523,507 262,095 50% 497,739 253,263 51% UTILITY CONSTRUCTION 0 1,221 0% 0 -30 0% UTILITY ADMINISTRATION 1,977,065 876,289 44% t 2,054,343 930,216 45% GENERAL ADMINISTRATION 5,632,800 2,493,739 44% t 4,426,533 2,056,168 46% UTILITES ENGINEERING 1,196,367 578,509 48% 1,005,364 363,869 36% ~TORMW A TER MAINTENANCE 928,047 367,069 40% 997,933 433,088 43% CUSTOMER RELATIONS 1,217,468 585,339 48% 1,120,605 535,468 48% DEBT SERVICE 4,882,725 2,060 0% 3,865,257 322,726 8% Total Expenses 33,312,815 12,648,282 38% 30,394,018 12,462,157 41% Net Change 928,109 1,283,382 t - Favorable FY08 variance percentage or amount compared to FY07 I - Unfavorable FY08 variance percentage or amount compared to FY07 CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS Six Months Ended March 31. 2008 (5 in thoUSlUldo) UTILITY FUND Fiscal Period Period % REVENUES EXPENSES TOTAL Change FY 2007 to M.rch 513,746 512,462 51,283 Total Budget 530,394 530,394 % to date 45% 41% FY 2008 to M.rch 513,576 512,648 5928 -28% T ota! Budget $33,313 533,313 0/0 to date 41% 38% $40,000 TWG Year Cumulativ'e Revenue Comparison Year to Date (5 in thousands) $:10,963 S30,OOO sn506 $2~512 $23,51)7 S20,000 S\G501 $16JJlM $13,744 )K )K )K )K )K )K $:*.576 $10,000 $11,361 )+($\1,276 $9,030 )Ksg,962 $6,736 ~$6.65(' '2/,,520 )K >4,300 S2,177 $0 Oct Nov Dee Jan Feb Mar Apr May lun lul Aug Sep Cwnm 07 Actual )l( Cumm 08 Actual $40,000 I Two Year Cumulatiw: Expenditure Comparison Year to Date ($ in thousands) _*_~_",._,.*",_.~*~,,~~bK648 $30,000 $20,000 $10,000 so :18.050 ,078 $0 Oct Nov Dee Jan Feb Mar Apr May lun Jul Aug Sep -Cumm 07 Actual . ")K<~-" Cwom 08 Actual S:\Finance\Financial Reoorts\Monthlv\MOIlthlv B~et Swnmarv Report ~ Mar 08:Table& Graph. SiOJde / f~"'"r.~.<'\\ 1""',' l '"" \~' i~ '. . '(-' Q ~~<>'--0~' XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Fina] Form Must be Turned Requested City Commission Date Fina] Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office [8J Apri] ]5,2008 March 3], 2008 (Noon) D June] 7, 2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July 1,2008 June ]6,2008 (Noon) D May 20, 2008 May 5, 2008 (Noon) D Ju]y ]5,2008 June 30, 2008 (Noon) D June 3, 2008 May ]9,2008 (Noon) D August 5, 2008 Ju]y ]4,2008 (Noon) D AnnouncementslPresentations D City Manager's Report ) NATURE OF [8J Administrative ~ New Business -,-- ~ --1 AGENDA ITEM D D -<.: Consent Agenda Legal -"",... ~.;.....,'jIt D Code Compliance & Legal Settlements D Unfmished Business :::z' G.) D Public Hearing D ~ RECOMMENDATION: Consideration of evaluating the City's Noise Ordinance for improving and encouraginiiFvibrant; downtown. (,,11 , EXPLANATION: At the CRA Board meeting of March 25,2008, CRA Board members reviewed a code enforcetlR\nt cfili;~ ~ as well as recommendations from long standing business owners with regard to the City's Noise Ordinance. The current ordinance does not consider Friday night a weekend night, but rather Sunday night is considered a weekend night. Even this slight change to encourage live music on Friday night at our local restaurants would entice our residents to remain in our community instead of spending their dollars in nearby cities. PROGRAM IMPACT: A more flexible noise ordinance similar to our adjacent communities would support citywide economic development efforts for a thriving downtown. FISCAL IMPACT: Not applicable. ALTERNATIVES: Not review and recommend changes to the City's existing Noise Ordinance. City Manager's Signature ~:\~ A &,cJ).} D'P~~wn~- Assistant to City Manager (;ryyt./ City Attorney / Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC .... ~q~NT2~" ' .~.' '. >;c,_':' _ ;~ ,.-,..5:~~:i:__, ~:nr.~~/:::",., k.\ .",....;....';.~"";,;.".,..;.'.,.. A .1...'...'............ iIi East Side -West Side - s~aside' Rena', ssan ce eRA BOARD MEETING OF: March 25,2008 I Consent Agenda IX Old Business New Business Public Hearing Other SUBJECT: Consideration of Noise Ordinance SUMMARY: During the Downtown Master Planning process, discussions ensued about the potential barriers to creating a vibrant downtown. The visualization of a "downtown" for Boynton Beach will not only include new physical buildings, but also attempt to entice the local market which historically bleeds over into spending their dollars in Delray Beach or Lake Worth. The process exposed various barriers that might possibly prevent success of a thriving downtown. One such possible barrier is an outmoded "noise ordinance" prohibiting music after 10:00 p.m. on a Friday night, the beginning of the weekend for most residents. Attached is a case from the Code Compliance Department. The letter from Scott Blasie, Code Compliance Director dated January 22,2007, expertly states the position and challenges of a developing downtown for Boynton Beach. Also, included is a letter from Mr. Luke Therien, owner of the Banana Boat Restaurant, outlining possible key improvements to the City's noise ordinance in order to increase economic development for downtown restaurants. FISCAL IMPACT: None CRA PLAN, PROGRAM OR PROJECT: Visions 20/20 and Downtown Master Plan RECOMMENDA TION: City Commission to consider evaluating the City's Noise Ordinance for improving and encouraging a vibrant downtown. /) isa A. Bright Executive Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 03 11 CRA Board Meeting-March\Noise Ordinance.doc Page 1 of 1 Bright, Lisa Cram: Restaurant Holdings, Inc. [rholding@bellsouth.net] "ent: Saturday, March 01, 2008 1 :49 PM To: Bright, Lisa Subject: Re: Noise Ordinance Hi Lisa: 1. Friday Night noise ordinance to Midnight instead of 10pm. This would help a lot. The current code lists Friday night as a "week night" instead of a "weekend" night which creates the problem. 2. Delete the portion of the code called "Plainly Audible". This part of the code states that if a police officer hears any noise whatsovever after 10pm, the business will be cited and fined. 3. The rest of my recommendations are more involved, and are spelled out in my position paper of December 7,2007, which you have a copy of. Call me about this if you are going ahead. I want to be there, but I want to talk to you first. My Cell # is 561-704-3535. -------------- Original message from "Bright, Lisa" <BrightL@ci.boynton-beach.fl.us>: ______________ Hi Steve & Luke, We are preparing for the March 11 th meeting and attempting to place the recommendation to the Ordinance (which is under Code Enforcement and the City Manager) and need to know from both of you what you are actually looking for... it is somewhat vague. Please either email the times and days you want or call and speak to Vivian, Mike or I. For example: Thursdays until 11 :00, Fridays until midnight, etc. Have a nice weekend, Lisa Lisa A. Bright Executive Director Boynton Beach Community Redevelopment Agency 915 S. Federal Highway Boynton Beach, FL 33435 '11 .737.3256 - Office 31 .236.8838 - Mobile 561.737.3258 - Fax email: brightl@cLboynton-beach.f1.us 03/04/2008 Banana Boat Restaurant 739 East Ocean Ave Boynton Beach, FL 33435 Mailing Address: 900 E. Atlantic Ave. # 12, Delray Beach, FL 33483 Office Number - 561-278-0356 February 7,2007 Mr. Jose A. Rodriguez Commissioner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FI 33426 Dear Mr. Rodriguez: I am writing to recommend changes in the "Noise Ordinance" for Boynton Beach which I think will help amicably solve the transition between the downtown business district and residential zonmg. Banana Boat and Two George's restaurants have been part of this downtown for a very long time. We represent an ideal setting to attract tourists, snowbirds, and locals to this area. Banana Boat has been around since 1978 and Two George's since 1956. However, in the past three months our entertainment format has been all but shut down by an ordinance we feel is inflexible to the downtown atmosphere for which the city and the CRA is trying to develop. There are three main problems with the current noise ordinance: I. Even though we are in a commercial zone, we have to abide by a residential zone requirement because we are close to a residential zone to the south. 2. The "Plainly Audible" part ofthe code should not be meant for a commercial zone. Right now any noise whatsoever that a police officer hears over 100 feet from a business after lOpm is currently against the law. Our restaurants close at 2am, so any talking, soft music, drink blenders etc. can be heard, so we are breaking the law everyday. 3. The decibel numbers in the code are unrealistic for the downtown. When noise levels are measured around the bridge area where the closest residents live, the decibels are at their maximum range even without music, just from the general commercial noise. Any soft music or any noises from anything will exceed the maximum ofthe law if you are a resident living underneath or next to the bridge. There are contributing factors to the noise ordinance conflict. These factors should be considered when next reviewing the noise ordinance changes. They are: Weare on the edge of the zoning line, we are on the waterway, we are next to the bridge, and last but not least, we have one unreasonable neighbor who is the sole complainant. I am recommending a couple of changes that are reasonable, and that also compliment what other cities have with their noise ordinances. PAGE 2 1. Add 5 decibels to residential zones when noise is received from a commercial zone. Recommended change to the code Section 15-8.8(b) Add new Receiving Ullld Use Category called... "Exterior Residential receiving from Commercial (Central Business District)" Sunday- Thursday 7am to lOpm 65 db lOpm to 7am 60 db Friday - Saturday 7am to Midnight 65 db Midnight to 7am 60 db 2. Create an additional exemption to "Plainly Audible" - Right now, any noise a police officer hears after 10pm is against the law (customers talking, low volume music etc) at 100 feet from source. That's unrealistic. Recommendation of change to the code: Section 15-10.6. Exemptions This would add a number (7) to the list of exemptions to the "Plainly Audible" part of the ordinance. (7) Sound generated by the operation and use of businesses in commercial and central business districts where the sound is received by residences will conform to Section 15- 8.8(b) "Exterior Residential receiving from Commercial (Central Business District)" Sunday- Thursday 7am to lOpm 65 db lOpm to 7am 60 db Friday - Saturday 7am to Midnight 65 db Midnight to 7am 60 db 3. Clarify weekends in the code - Friday night is considered a week night, and Sunday night is considered a weekend night. You may want to switch this for the benefit of the residences. Section 15-10.2 Terminology and standards defines weekdays and weekends. I think these minor changes in the code would give a small amount of flexibility to the businesses, while protecting the peace for reasonable people living in and around the downtown. Many of our customers live very close to Banana Boat. We have an interest in protecting our relationship with them, while continuing our business as we always have for 28 years. Thank you for your help. I am available any time on my cell #561-704-3535, or at my office #561-278-0356. Sincerely, Luke Therien Proprietor ,1/:../,;;.,,11 C-../. ~/ The City of Boynton Beach {'/.' , 1/' V\~' I ".j ,/ .,/1 ~. ~_/ f>? " 1 00 E. Boynton Beach Bouleuard Boynton Beach, Florida 33425-0310 Phone.' (561) 742-6100 Fax (561) 742-6185 G. Matthew Immler, Chief of Police Scott Blasie, Code Compliance Administrator Phone' (561) 742-6120 Fcvc (561) 742-6838 c~ POLIOe tJ,fi2~~' ff~,;;.>.~<~..,u~, ~ \;'- ~\> ~i \0 .;:'; ~\ " I~; \ ~ '(-'--\.'. .' '..'" \ ~~~ .'/ ~~/ ~ })~~ ,k January 22,2007 Nicholas A. & Joan R. Torelli 760 East Ocean Avenue, Apartment 109-N Boynton Beach, FL 33435 RE: Your letter to Chief lmmler dated January 12~ 2007 concerning the Banana Boat Dear Mr. & Mrs. Torelli: I read your letter to Chief Immler and felt obligated to respond due to my intimate knowledge of exactly what has taken place to date. In doing so, 1'd like to clarify some of the issues you presented in your correspondence. In our role as a Code Compliance Division we aren't advocates of any particular position, but simply enforcers of our Code of Ordinances. As our name implies, we seek compliance first and foremost and we certainly don't want our citizens to view this procedure or their relationship with their neighbors as a "war." As you know, we've had numerous conversations covering every conceivable angle of this situation. The "Cease & Desist Order" was issued by the Code Compliance Board based on violations that occurred prior to hearing the case at their November 15,2006, meeting. The Board granted a 15 day grace period before setting the deadline of November 30,2006. During one of our many conferences I explained to you that we would have Officers monitor the establishment at various times based on input from you and availability of our Officers. Including the two measurements perfonned January 21, 2007, we've responded fully to your requests with the exception of the one instance you noted with no violations documented, We had additional discussions with respect to your concems about New Year's Eve and I infoD11ed you that the Code still applied, but a reasonable person probably would have trouble levying a fine on anyone given the time of the event. To date. I've not received an amended report from Officer Arco and therefore we won't be certifying any fines at this tIme, Should i receive an amended report documenting a violation of our Code I will certainly bring that forward for consideration by the Code Compliance Board In using your hand held meter please keep in mind your notations of the high readings don'( accurately reflect the LlO levels required by Code Doing so only biases your view as to what's actually occurring and doesn't really serve any real purpose other than providing a generalldea as to the noises you may hear at your residence, America's Gateway to the Gulfstream Page 2 During previous conversations we discussed the methodology in measuring sound levels and that simply looking at a digital meter and noting the high readings doesn't necessarily mean there's a violation. As you know, our meter is a highly sophisticated piece of equipment that provides a thorough analysis of the data that's collected over a minimum of 10 minutes as required by our Code of Ordinances. Additionally we record ambient noise levels prior to measuring the noise source to ensure the readings aren't biased by outside agencies such as wind and vehic1elboat traffic. This helps to explain the results of our measurements to date substantiating compliance with our Code. To date, my office has expended nearly $l ,000.00 in overtime costs attempting to validate your reports of excessive noise levels coming from the Banana Boat without a documented violation. Given my limited overtime account and the fact we've not documented any violations I'm suspending further measurements. It's becoming apparent based on our conversations and measurement results that your interpretation of a violation isn't consistent with our Code of Ordinances. Obviously, you still have the issue of the music being played beyond the allowable times and we do have one violation documented that will be presented to the Code Compliance Board at their February 21,2007 meeting. In closing, I'll reiterate that you do live in the center of our downtown and your desire to "soundproof' the entire neighborhood probably won't happen. As our City grows and the downtown area becomes increasingly vibrant, the ambient noise levels will increase as it does in urban areas. As it stands now, our ambient readings are extremely close to invalidating our attempts to measure the noise sources currently under scrutiny. Having said that, the more effective approach to your issues probably would be to approach your Board of Directors and suggest they possibly meet with neighboring establishments to work together as a neighborhood as opposed to the adversarial approach. You also have the option to pursue your case through the Courts as provided for by Florida Law. I anticipate your understanding of my position as steward of the resources provided to me by our taxpayers in terms of applying those resources efficiently throughout our community. I think you would agree we've been extremely cooperative in working on your concerns. If you wish to discuss this matter further please don't hesitate to call. Sincerely, ....-' <.,::;..,~...,:S-....".;#-'~ ~. ~-'. A.J "----~ "-.........__ _: .-.r< Scott Blasie Code Compliance Administrator C: Kurt Bressner, City Manager ,,1../ Ie (10-1, G. Matthew Immler. Chief of Police File Nicholas A. Torelli and Joan R. Torelli 760 East Ocean Avenue-Apt. 109:1 Boynton Beach, FL 33435 Telephone 561-736-7948 January 12, 2007 Chief George lmmler Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Chief Immler, RE: Disturbing the Peace Banana Boat Bar & Restaurant Please refer to our letters dated September 15, October 3, and November 16, 2006. For your convenience, we have enclosed copies. Kindly excuse another lengthy letter, but, we are compelled to aprise you of our recent progress. As previously stated, we have won "Round One" but the "war" continues, sorry to say. The Cease and Desist Order is a handy weapon when used as a precedent against the Two Georges Bar & Res:taurant. However, actual enforcement of the Order against the Banana Boat has proven to be a bit elusive, so far. After the hearing on November 15, 2006, I was reminded that calling in complaints on the Banana Boat would not be very beneficial as the Order would not be effective until November 30, 2006. We, therefore, had to endure their reggae band on Sundays, November 19 and November 26, 2006. Using a borrowed decibel meter showed levels on both nights well into the 60's and low 70's. Code Enforcement Officers were scheduled to monitor the Deb's at the Bar and Restaurant on December 3, 2006. But, as bad luck would have it for one Officer, a personal emergency required that this be cancelled. The noise levels were in the 60's and 70's as usual. A grand lost opportunity. ~ The Officers were able to monitor the music on December 10, and uecember 17, 2006. However, the reggae noise levels on both of these evenings were somehow subdued at the 60.1evels. When I inquired about the upcoming New Years Eve, I was advised that the owner gave assurances that the music, "Would stop at midnight because the patrons usually went home." Wrong. When we returned home past 11PM the Deb's '.Jere in the high 60's and 70's. The music continued past midnight and I was compelled to call your much overworked Dispatcher at 12:25 AM. An Officer arrived about 30 minutes later. He heard the music, knew what to do and would write a report. He did not need to speak to his Supervisor. The Officer then had the music stopped at 1:00 AM. All well and good, but, because of the holiday, Code Enforcement meter readings could not be taken. On Saturday January 6, 2007 the music was in the high 60's, but, on for periods of three to four moments at a time. On Sunday January 7, 2007 the reggae band returned to their usual place next to the water and played their usual high 60's all evening for extendec periods of time. Continued...... ., Chief Immler Page 2 We expect a fine to be levied against the Banana Boat and its landlord by the Code Compliance Board on January 17, 2007 for continuing their music after the New Years Eve midnight deadline. We believe this will be the very first time in history a fine is cited to them. Thanks to the Cease and Desist Order we anticipate this will not be their last fine. Unless they actually intend to cooperate and succeed by trying. Let me explain. un more than several occasions the ovmers have expressed desires to "coopera te" and "may try" to subdue their noise. These repeated remarks have become trite and meaningless. The Cease and Desist Order attests to this. Hopefully, their apparent "free pass" will end. Bear in mind, they may play all the music they wish for as long as it pleases them. All the bar and restaurant needs to do is either build a sound barrier around the two open sides of the north bar or simply relocate the bands into the totally enclosed south bar. Another option may be to hire a consultant for suggestions on how to to sound proof the place and ultimately, the entire neighborhood. Is this unreasonable? Sound baffles installed under the east side of the bridge have been discussed and, we hope, discarded. We agree this would be an unacceptable expense no one wishes to incur. To give the bar any assistance might appear to be inappropriate. Baffles, in our opinion, would be ineffective at best. Chief Immler, once again thank you, your Department and the Code Enforcers for all your past help and any future assistance in our frustrations. Joan R. Torelli Respectfully and sincerely, //7 tt'~?! . , '" -/"-. /-' ~>., I _/~ t? 1:./ _., ~;' -; ~;1d4- -:/Id'/ , Nicholas A. Torelli q~~'H. \~~ ..... .. cc. Kurt Bressner, City Manager cc. Scott Blasie, Code Compliance Administrator cp; '" C' ,"{:_(y' (li;- ~( c\'~ ~ J-" ~, ' : j' 'Y'.-' J, ~ () ['.t. The City of Boynton Beach Police Department ''it CFA Accredited Law Enforcement Agency" 100 E. Boynton Besch BouleJ'srd Boynton Beach, Florida 33425-0310 Phone: (561) 742-6100 Fax: (561) 742-6185 G. Matthew Imm/er, Chief of Police Scott B/asie, Code Compliance Administrator Phone: (561) 742-6120 FAX: (561) 742-6838 DATE: December 5, 2006 VIOLATION ADD: 728 CASA LOMA BLVD CASE#: 06-00003048 COMPLIANCE DATE: December 15,2006 PCN: 08-43-45-27-03-000-0010 NOTICE OF VIOLATION DSS PROPERTIES LC 728 CASA LOMA BL V BOYNTON BEACH, FL 334354102 Palm Beach County property records indicate you own or have an interest in the property which is listed above. Violation(s) of the attached provision(s) of the City of Boynton Beach Code of Ordinances were noted on said property: DESCRIPTION OF VIOLATION(S): PLEASE SEE ATTACHED You have until the final compliance date noted above to correct the attached violation(s). Failure to. comply will result in a hearing before the City of Boynton Beach Code Enforcement Board which will assess fines for non-compliance. If you require assistance, information, or if you believe an error has been made, please contact the Code Compliance Division located at the address and phone number listed above and ask to speak with the person listed below. Your cooperation in this matter is appreciated. ;;;&;t/# WILLIE WEBB Code Compliance Division 561-742-6120 \J;,\\\{. <;<loJS ~ +..o.\t.- \-0 S~* f.>- i~-j-O~ VIOLATION DETAIL CASE NUMBER PROPERTY ADDRESS 06-00003048 728 CASA LOMA BLVD ----------------------------------------------------------- vIOLATION: 15-8.5. B.B.C. OF ORD. DESCRIPTION: NOISE CONTROL LOCATION: QUANTITY: 1 DATE: 12/05/06 1~~S NARRATIVE : TWO GEORGES - DOCUMENTED VIOLATIONS OF CHAPTER 15 OF THE BOYNTON BEACH CODE OF ORDINANCES WITH REGARD TO EXCESSIVE NOISE EMENATING FROM THE RESTAURANT LOCATED AT 728 CASA LOMA BOULEVARD. NOISE LEVELS AT THE RECEIVING PROPERTY LINE MUST NOT EXCEED 60 DECIBELS BETWEEN THE HOURS OF 7:00 AM AND 10:00 PM AND MUST NOT BE NOTICEABLE BEYOND 100 FEET FROM THE TWO GEORGES PROPERTY LINE AFTER 10:00PM. PLEASE TAKE THE APPROPRIATE MEASURES TO REDUCE THE SOUND LEVELS EMENATING FROM YOUR BUSINESS TO 60 DECIBELS OR LESS BEFORE 10:00 PM AND ELIMINATE SOUND COMPLETELY WITHIN 100 FEET OF YOUR PROPERTY LINE AFTER 10:00 PM TO COMPLY WITH THIS NOTICE. ALSO, IT SHOULD BE NOTED, THIS MATTER MAY BE HEARD BEFORE THE CITY OF BOYNTON BEACH CODE COMPLIANCE BOARD TO ENFORCE THIS VIOLATION WITHOUT FURTHER DOCUMENTATION OF VIOLATION OF OUR CODE OF ORDINANCES PRIOR TO SUCH HEARING. PAGE 1 ,:bfMi e 5 e e", boyr1 ~~V' - b e~~ . f'{4' US YJA/J /' 1 .//, ~.:~.4~ BOYNTON BEACH POLICE DEPT fd'(ff(l.. ) rJ-{ut ) Ktt445 {,{ifG"'l!J BOYNTON BEACH, FL ( I \'.~~~ I CAD Incident Report #6091477 ._.~....~............-_., _._....__.,' _...___N___..__.__...--_.....-....--.--..----.--....-------. .-_..._.-..,.....--.~ - .-.. ,-....---.-.-~-.._......---'>..;"'-,~,-----..~-..........---._-...-.......,..-.----,... ......----.-.-....-.......- .--... .~I~ Incident Date 1 Call Taker i ~ I ,...__....,__.. ......_,...._....._...._......_.. ,.-.-'-' "..,.--.-...-...-"........."....... ..................--..........- ,,-., ..-.:.-. ,'. ...-..--.....-.........- ..-...........--...-..........--...j ~ 16091477 12/06/200623:58: 17 [yanesl 1 ::'l I'-.""-,-~.",,.. ....-...---..-.---.....---.....- ----..---.--------...---.......--..".......-.-.--........-..-..---.....-...."."...-... .---..............., ~ ~~~~-~=-~:,:,..,.;==--=~:::::~==:~;!~;~;=:~=~=-===-~t 18~.LoUDMUsic._--_..- ~....- ..-........-..-............""."'......----..--..--....-.......4 _..,.-....,,--.........__._"_._'-.-...-......._.~--..1~ r..--...---...-,---------.- .---------.-......--....-.-.......- ...---....]...----.....-.---........--..'-.......-1 - i E~lIs Lev"J : AI.a.l"ID Le.vei Ml)dified ay Modified J)ate ' ...............-..--.......---.-.---....-..--.-- --------.-....-..-.-..-... -.--------.-...-...--.-\ i . '12/06/200623:59:05 i ~ 1" [~~~~NBE~~H~:~~:=_-~...-:=:::::.:-::[~i2~G~S-~:.:~----__:.:-::.J 1.] ~ !..~~~.::~~:...__ .._...___..."'''..----..-- _ __.u..'_'.''''._''''' .._...... j~:.l,...'".._.......... . .. _..._... '''''.''''''__' ... ...-_ _.................1 '\j ~ If~~;;.~tL;;;ti~:;::---===---~ _==--=:~=__=-=-_~~3:~::===-::::::=:::::.:=..._-----j . ~ t :t ,TWO GEORGES! 728 CASA LOMA BLVD . - .-. ----. I ~.Jl ~-=._- ~~MAB:~._.-=~-,..;,."--==:c~s"'''--::-=:~-~ ~ ~ -; .[E~~..=::::~=-~~-~~_..~.~~~=~~=C~.~~d~~~~:.::~.=:.=~~:~:~..~..:.= .~~.~.l~~~~ii!~~!~~~...:~.......~~~-==.-.....--:.~~.~~~:=.~:J ~ t ! ! . ~~ '-........ ~~ ~ ~ --- f~~~;;:-"~:;~~._---".- . ....t ...-.---- '''' .-,-..... "..- .-. ....- L... _ .'m 1736-2717 ,. .. ..... .-.-..... ...... ...............-t ......-~....~..-......_.-. . .......+....-....-...-..-.--..... . L~:.~_~.~dre~.s_ Closed By iDn.te Closed . , . .. - - ....---------.....+--.--..--.....,..........-----......... .'''''1---.--- ~_.....- . I.. ....._ .__ llewism i 12/07 i2006 oo~2o~68""- ~- ....,,_._-....--~..._- _. _ ." _.' . _ __..w_..........~,_~......---____.._...._......~-----.---.....,......"'....-~,._~ ,_.___._ _, ... ....~..,~.-.--.- _._..--'-..r..:......,.....___._~______-' ----,- ._._- ~ }::. ~ I ~. '..,f) \ .....J) Incident Types ~J21J~;~Jili;lliJJ~~.'.,... lAMBULA~CE ,....:............__.__........___.._.__..._..__...-..__....... ..,.....-.. ...... ..._...._ ......1.. ....... ....-..--........-.... ,"no__ . ...........--........-................ ...".".-.....-. ....-! r' .rrRE/RESCUE i .-..........---.----......--.......----...--... ,..--..............- ..+-........."..... ..---.........--.-..-----........-.---....-..-....--........-......< ,POLICE iLOUD MUSIC i L__~....__......._.___.._.__...-_.-._.--.- .-.-.....-..---'--......-----..--..-....--..---.......-----.----..._,....' Note(s) ~ 'I r ,;;t..,.''''' ~ !D~:~~ .' ..' ._ ___~_.._-~ Ii rCALL:iKR--'-'-'--'~! 12!06i206^6'2i58 :36."--.'--'''''''''---'-- . 1 y~=~l....._.. ....... .... ! L..."._ ......."...._. ......__......__. ..........._.....-..-..J..,..--~........._........._.......... .'.". .......- ....."'.". ........... ............... .....,........l..;.._ . -.... ..... \ StJiilJid? 7'1l-h/;i/ 728 Casa Loma Blvd, I made contact \-vitb the manager of Two Georges W/F Cassi, .Michel1e 01/14/1982 and i a.dvi::;eU her on the city ordinance, and the complaints received, Cassl stated that she did not I know that there was any restrictions on noise, da.ys and hours. Cassi tumen off the music, and I i left the premise~ ~ithout future incident. I will forward this incident to code enforcement. There ! lS no more at thlS hme. . I..... .' ........ _'.'_""_."_" ___._... ._.~.._._.._~._.._....,,-..~_.__.... ....__........ ........_."......._ .._..w........ . ..... '.'''''... ._. _... .........---.... ..-......-.-........ ........_..................1 Units Offenses . . , lJ~~.~~~~~~~........ ........~__.._..~~......... _~.~~~!!~i:.~J:~~~~..~~~2~._.._. .......-- ..-.......... ............................---.. ..... .... .....-......--..] I( ..-...... ................-.......-."--.'......r.;:----...- .-. ..,,,... _._~..~...l_. .. -.........-.........-.-.......-...- ....... .~..~. ,.... ..-~--.~---......_~--_._...-.-.,,-.~..._..-..l! 1~~!::~~!:. ~~!.~t!..~~..".-f:r~..- BI~.!.!2....__....__...,_~.......__.. ....,--..........."..--..........,..................-.-.-..".---... ....-...._....._..-..~~,_.__._., 1.-.........-.-.-....---.-..-- .-----. -_.~.._,-_.-._-_.__._,.~.,._~._.._-_..,,-_. -.-..-.--.--.-~.-.._---..-~ : Loelltlon Code !Offender Using . '. ... .. . .. . -- -...---'" . ...__ ._"" _ . ..._.._,__,__"'__~-f-:.-----_......-_.....~-_...._._-" --.,--........---.... -'-.- - - ;REST AURANT" i ! ......,_...___..._..,~_,.___"........______... "- I .~___......__....~,___"'..,"'^'____........,.~.w_._____,....__..NVr''''''''.t._--'-......-.,O'C~,__...,.------,---------..~ Persons l;r~z -~-:-_F~~~f- ~~~~--=======f'!.=7N j t.......... ..... .. ........ .S.~!.!i.~~! .....__.___............,....."...... {'APt. ~ 1 17.6.0 __ EOCEAN AVE ... ...... ..... "..10"'9-.-.."........ ......j !Clty ...J ....----....-- ..d-...' ...... "ISt~t~ .--..---- ,. ..........h -i:...c~...-.--...--l I".~~~~~E.~~~~__~:='~~~="-.~-_-~~~~~,.'~'.. '.~~~:~. jFL"-- .... ...- --...-. ,. .--..., --.- -- .... .-- -+..~~_._.~--_..--. -'"~.....-: ! Home Phone Teell PhOh~ .. .-.. .... ..- "" . ..--..-....-.. .-. .. ...' ............ --- --rE~~~ij"'" ..'.......-.......1 173";-9'4'-0--- .-.; ..----~....,-.-..-_......------..- ' .--4 i L. _ 0 i ! .-~,-.- 1 ..........,.._...........,....._._ ...!..-_...,__._.._____...w.."........_....':"...~....IN....~_..~.______-L_.._.........._....~ r~~'!. T-C-:;- ~ IbDr. I, J._,., "!!.- ~_-= .~"'"L_ i ~~}.:.<~:}?~,::..._._.~__~?!_~.. ~ M 'WHITE iNOT OF HISPANIC ORJGIN--~-.1 iHair (QlQf IH~ight rW~'flht ,cemp,~;i~;~..l..B;.ii~...-_. . .'--'.'}i .;.c~i..........~._..._.__._--_._...--' :.............,-.-...,."....4 !~.~~\Y:~_.~~:.,'.~JEo _~1I9q-" _.I!:.~~=~==:.-li}EA V);.~_.._--...iiRO\~~ w....___..,,_..__... ..----------......1 . . . . ......... ...........l. _.....,..___...._._...........,~...,l",__-_......-...,....----...__.."....,..._."""'M-,......____a.-j rtfi~..~.j\ ~2~~~~~E~~~;~ POLICE DEPT \\~~P~l Incident Report #6061234 \ "'~/ 1 Report Entel"ed: 12/05/200618:1.7:56 _ u. .......... ,._. .__~__... _....- "_h . .'-- _._....N. --.~'- .... Basic Information IBOY~PD [.'..........'.....................-....' . . ..._._..._..... ..... ..u........-.... ,C.se TiOll!lVktlm i 1.I1cident Typ",/Offen5€ . . . 1--.- .__..~....'.. .M.....,....-._ _,.. _ ~,..w.- ~,_ ... . .... _ ....__,..._,~,._ .........,J_"...-._~_...,._....__.'... .......-i...' ._...... ~_M_._. ....-.~....... 'n -.-.-., ._,".-. '~r"~ -.- -.. "H_' ',' ---...-. ....-... .~" . -,., - ....HI~ i i iNOISE DISTlJRBANCE (DSNA) i /.-.. -........ .,-_........_..--_.-..--.--,--_._---,--_.....~+...,._._--.__.__.._._..._.._-'~....__...--_...._---_#,......_.......-.,._._---~.....,-_.........-._.-~_.~_......~ Addre$s {Street Nanle I ---.--- --. . - 'r--.'.' ---.-. .... , ,~_... , . - .. -...........--. .,... -......-.- 1728 ,CASA LOMA BLVD . ' ; -::"... ........."" .-+.---- .....----~..--.- ,--....". -.-. ..-...... ..........--._......-.- .-+".......----.. "............----+.....................---....-.......... ~.~__d!at~----~----_.._....-_...-_..-. ..."'_+L.5~__..,'-.._..____.._.... ___-f!~.~~!.n.!.~~ea........~..__._._i iBOYNTON IpL i! i II3E~CflL-___-~n_-L ____ _mi~3 .-- · i.fJ.~~~.~~.!Nll.me _. .... .. . . j Business PtI(lflr. I -- -..-..,,,, .....---..........-..--.--... ..... ....".---.......... .........-r......-........'..-'......-.-.. - ..",-............... "...--..----......... -- ....-; l!,:'y-~~~S:~~ES __..""____.__''''..... ...._.. "." ...'.,.v',. .. ... i.............. ...-. ----... ..... - ... . ..-..-" \ \ ' 1J i~!~~~~..~_~~~~!"...._...__......._...-.J~!!;~~.t~.~~::,- . i DateJTirne EDtertd i 1 COFFEYD(84-9) ..... :"li2/o5/2oo6-iil-i~'56..' .,-.... .---...-..-.'! 1"'..,.,..,_.,_....-.~,..----_--.....~...........-^.--...4~...,,,"'.,.......,,.,,,,....-......,._._-_.~,.~,_.,..~__-_ - .~....~ .....'"..,_.__._...."I_........,..,........_.......__~....._____~_.__.._.______'___..J !Reviewed By iSignature : DateJTim;! Reviewed . ~~~~ -~~=~ =~-~i~~:_~~~~=~-==~-;~;;:;~~..~....~....._=.j ! CANNONG(736) I ! 12/09/2006 00:01:22 ;....__ ... . . . ....- ~...."....................---1....--..._..._._,.~_........_.__..____.-'_-..L,____. .__...1 I : ; I I i ..........----....-,-.---... .COFFEy1) (849) on 12/061200604:43:41 1.... ._,."., _ ..__... ...___....._.. __. . ,.__,_"..>' ~_..___.__,-....,._--~ .----"....,..~ _._____.._.'_.L..rr._._..__._.. -_.. - .--"--~'~'- .._._....._.._--~...~~,-) Na rrative On 12/04/2006 at approx 2202 brs~ I responded to 760 E. Ocean Ave, Apt 109, in reference to a noise disturbance. Upon arrivall I made contact with the complainant, WIM Nicholas Torelli. DOB: 03/18/1933, who stated that he had been advised by code complianc,e to call the police when ever he could hea.{ music coming from the B8!lana Boat or Two Georges area past 10:00 pm.. I walked to the patio area of Torelli's residence. where the faint sound of music f'4\ OI'\cL~ I could be. heard. Torelli was given. a BBPD case card. I proceeded to Banana Boat and Tvv'o i Georges, advising them to turn the tn\lsic down, ar)d both c.omplied \vith my request. : Nothing further at tilis time. L__..._~--...:-...-..--... ---.-_...-_..-.-~...-.._-_....._--.._~._----..... . ..-..-... ...-...--... .-....-.-.. ...-.- '.- -. .- --.. .,"~_.-..--.'_.-------' i I i \ i , ._,.._...___....-."..._. _.,.J Units ____._~po4i1~06 ~~.9: 13_.--l~9FFEYD ~49)-~j Offenses t:E~~~..__.._--... ~---- ~~!.~~go2....-_~____.._____ . -l ~~~; J?ri~'---;m.;.. IBW '" .__~--_=____.==----~ ~~______.J:~ONE "-.t.--~------------'"--_._._._~---"-- ---1 I Location Code I Offender Using 1 lREs.TAl.1P.....A.NT-.-.---'-I--.---.---- - --- ..--,-.--............--,--..-..--.....-----..-.---.-- ----M.-----1 1..__..__._._._____..___.----1-_..._..________......~....._ ._____...__........ ._.____._..............____._.,,__..-_.___...._. .____._-1 Persons ~i.tQI-:=]tQ~2:~!.==~~-==~NEK_.=___=:J:~==~:::=_=_====i=:=-~=J~='J I j [Address Street Name Apt."#---'OO ~-----l ~O-=~-=:J~9CEAN-AVE~~~o=_===~=~ 1()9_~ \~Th-rON BEACH .----..----.-~.. ;;t~-......--------"~---~---rP Code ----.-..j ~if-;-'~~-Phon!! .-------1 CeUPhone -.,,~------........_'-_...-._------IE~ii-----1 ~____ .. l-~-'---'''.'--''-'-''----'-------''. . -l l?~~ 9~OO..______.____1 -L J . II.... . r~/~ 8iJo933 j~ ....~.l""!~!!!!-t:; ~lTE ~;;~F msp A.."lIC ORIGIN =-~ 1)hl; COI;:-.--t:IHeiihZlW~igbt .. co;Pte~j;;;--.ts;;ii~.--"---..-rEY;COI()r ------..---~---_i Ii3ROVl1'r---- '5'1 0 119"0"- FArR'--'--~'-l-HEA \ry -.--.-:BRO~----....,..-'-.-_.---_..-.-.-----.-l fs~~:- M_~:~_;:~!~$ '.. ---'-___~_Q__..~-.,_...L-:--_. -, --- \ r - . _ ------- -----..---~.._..-_.----. ..-.-,--.-.....-...-..-..---..----.--.~... -----1 I I tRuide-~;y-~-._.._._-_.~-!victi;.- T,.pe (rf:~pikAbl;)--..._--_........--.--"-----_..---------! r---.--..~-----..'--l--------.-.....-.-_._._---....,.,.---- ..... ...-..... ._.-.._--~--_.._...-."'----...-1 I ~Sl BOYNTON BEACH POLICE DEPT \~I ~';;~~~:~C~=P~rt,#60.5,9~450 L-.::-.",,;...r" I Report Entered, 11/2::.11006 OG.1.A,~,l - ...-.,"."'-.-'-- ,". ..... ..-.-.._----..__.~.,....-._._-.,,~.-.,.__..._._. Basic Information !~()~'~p.~.u....__1~???:~~. .' ~~). _.'" ...' ...111/24/2o.9-?~.?:17:??"-HI.~!~~OVED . --'i lc:as~ Tltlo!/Vjctim.H.......-...<-~n..<:~~en..~!.'y.~~:'.?~en-s.eH .u..._'" . . i iNOJSE DISTURB,'\NCE (DSNA) ,'. ......, .....,.,"~. ,.".. _...______........................-.....,.---.----.,.--..-~'.---"..-......".'. ._~.'., ......_...___-..._,..___.,...._....,~.. ._I'_.:.._...~....._....._~.._I"-__.~.-.,.. .._...__........._....,.._...""..._M._~- i -I I --1 t'?~{~r.Tj_~~~!l.~~de~_t.~ep~I't~~. . (::)ce~'2:~betw~elt \ 11 f2~!~??~ ?~~~?.:~'.~._.__...-...- ._"J..~.~~._...... .. .... _.~_......~.. ...._. ..... _~rh.fi....__.., _.._" . ._.. ~_~_._..,~ ..-.,._,'.'_"A_"'_'" A. i Apt/U nit If- . ..... ....r...-..............-..-.... ..1...... !Z!P ',' ~_.,.......,....~-..A..'... ,..~..~.."'..__.__.. I j . "1-"'" ...... 'u.."", I Repltrtlng Are.~ ..,--._.."._.~...... ----..-r......---........-....-.......-' ,~--,-- ..---.-.. i 728 CASA LOMA BLVD t,_ ._.'.,..'H,.~.._.__....._:.. ~,.,.. ..---_. ~...._'N....... ..-._.__...,,_~.""~......,...~_._.__..._..'" ....N.... .-.-...._.__.... .. .,~..."._- ..-.... h'" ! City Stll te ).. ---~-.."."..._,--- .-4~.."-".,_..---....~----..---......--.--......-. .-...--...-.-- iBO)~TON j I '" P . -. IFL .BEACH ~.. . _ ...__.. ,." ~... . .... ___.._".. ,,''''.._u ~.____.'."- _ ..... __._..~__.._'.-.._h_.'""____......._...__..'". ,-...-.....,. : Bushles~ Name ~.~._. _ .... .._~_,~...,.".~_,___..~._____.....,._.;...'".___.-....r.........,.,......._.,....-...-._.__.... T\VO GEORGES i i ....i... .---...... ........... ! Business Ph(.ne I i403 I I . .. "'H." .... .... ...~..__...,..._.................___..._~_...~.Wl.'........-,.,___._.. _....... "1 ... ..,..... l-~~??:tllJg O~ficer .Signat1lre --....... . ..... I '.. .... '-"-~' ,.....--............__.....-.......m....'.....-r............-..............' ... .. . . -... ............ ...........--..--- ...... ...... ...-. ..-.- --.... ....-.... i 1~(:.\AFFREYJ(850) 'L' \ 11/25/200600: 11 :31 I ---, ...----.......-..--..--."........--.-- --.........................-....... .--.,...--...-.....-...-------'. ....----...----......."...! ! ~eyie"'ed By.. iSignatll.re : Date/Time Reviewed , ~.. ...------.-~..-.---.~...,.-.-.-..~~-.........T-..~..........-... ,,__........u. ,...+ . ..--. ........,......-..--. ...-- .....-..-.--- , i ( ") 1 :. ; 1-~pp;~V~daY-~---...--~-..---lsigD~t;;;;---.- ..._-,.-_._--......._....--lD;;;;rl~ A pp;;~d -. --.----...'......--: l"~'-'""'~-""'---- ..-........~...r__A'___h-"...-..,.-.-.""_~___-.~._....~......._..._._.__.....'"'".-~~-----_....._-_._..--.._---- ",,~,,"-~_.------i iKELLEYM(709) i ; 11.126/2006 02:15:45 . l......._..~ __'--_.__.------.-...-......-.,..-......:.---."....-...--....-w----..-.......---..----i t~~~.:?!~XJ (8~9L 0l~..1.~!~~3..?~.~_~~~~~~.:~.~__._ Narrative i ! On 11-24-06 at approx. 2330brs, I responded to 760 E. Ocean Ave.. apartment #109, ref a loud i music complaint about Two George's restaurant.. I went to the parking area of Two George's but , could barley hear any music coming from inside. Upon arrival at the 760 E. Ocean Ave. apartment, I met with W/M Nick Toren" DOB3-18- 33 \ who advised that there ,vas loud music coming from Two George's restaurant. I did hear ~(\~ some music echoing under the Ocean Ave. bridge from the area of the restaunmt. The music. did not aT)llear loud at the time, ho\-vever, i1 seemed to be amplified by the bridge. ladvised Torelli that the Cill would again be documented. Nothing further. . ._..~... -."t< ,__.......~_......__,J ,......--.--......--.-.-..., ,.",_." .~... .....,.....-. ",--" ... ....... ~_......,._..'~.._..............w...._.~..._....... . _ ..... . _'.n..n. . .......... .--...-.. .,... .... ".--.-.'- .....--..-..-'.-".. Units .. ..... .. t. I . . · ' \ ~~._~.~~/24i2006 23:20:53 Jl:.~24/2~g6 2~~~2:59 +! 1i~~~OO~_~:4~:O~ ,MCCAF~REYJ (850)~J iB35 :11/24/200623:21:25 fi 1/24/200623:28:33 il1/24!200623:43:04 ISWANR (773) I r.. :. -~~"':.:n'.'-.':'.~~~:~.~~~~.=~~~=~= ~,:~~~--=~:~~.'=~~._.~".~~~::~~.'^,~:~_~.~~:'~'.:=_..~.~'._~~.~...'~.'."'.'.~.'lii~QG'if'{~J~i=~~_~J Offenses . . . t . . - -r.::' . . --_.. . _. --- VCR Offense . VCR Group !UCR Category -; ~~;=~ ~~~~~=1~~=~~_=~~~~_:~~-:~~~~~~ ~~;ti~n Code ~~ . toifeJlder ()Si~'g._-_....."_..----_._---_._._._._____e_---i r---......----...--'--...--...-..........- ----....-...,.--,---'~----~.._....----~.......".""......-.~..------1 iLl '__.._._..e..n__.....'_ 0-.-...".-.----.--..--..- _______.___..._._............__..w._..... .,. ----_."...__.._.._____ -..-.---..-...--'--- - _____J Persons ! Address I Sh-eet Name . -... -..-....- --- ... . ,....n. .. .. ... ----.. . . --rAP;:';-' ....-.. .---.-... "'-'1' t:j60--~'-' . Ii OCEAN^" VE--..----'-----..--.-----..-----."------~09--j jCtty _~__,E_~ ...-----..---.-rst;t;-. -.--...--..------~"-.--~..-_1zicode----'. 1 !~O~'N'i~~ACH -."'-----~.~L-"...~-.----..--"-..._. _.~P -1 I' --.---------,-~..-.._--.-.~-----.,-.-!-..-.-----___i I Home Pbone jCell PboRe I Emili! li32-9400---..-....------r---.-.-....----e----...--....--..----.....,,-.--~.~.....J------_...-..-l .::_..... _:-';':'-~'__ . _ . _.--L-. ____ . ._._~'.~--____- __.---l eOB . A.r: Ra."~e Sell( Rau 'Ethnic:lt}' ~ j03/18!1933 ~_ 73 173 N M WHm----!NOTOF HISPANIC ORIGIN -! jHl1ir <:~~___r.eight_ iWright C~~plexioll _ BUI~-=_" lE~!:.s.oloJ" _. - ____._~_-=-~l !BRO~ -.2.10 1190 FAIR IHEAVY lBROWN --~ t~-- ------..--- ___...._._J......~...___.,_...~,."...~.___.......~...... .,.----.....~........" ______..'r....._._____.... J___. . ~ jScars, Marks, Tatoos . . ---. ..--.\ f- __.._...__.,,_____.___......_......_._"w....,.,.__~......._._ .."."......__.ww...."... .-...-...........--......--------.-----......-..--, r../ ti27 c ~ Nicholas A. Torelli and Joan R. Torelli 760 East Ocean Avenue-,',pt:. 1091" Boynton Beach, FL 33435 Telephone 561-736-7948 November 16, 2006 ~ t d "1:, Chief George lmmler Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach, FL 33435 Dear Chief Immler, RE: Disturbing the Peace Banana Boat Restaurant By the time you receive this you will have likely learned of the Cease and Desist order issued by Code Compliance against the Banana Boat bar and restaurant. This was effected by Scott Blasie's most efficient and comprehensive rebuttal to the Banana Boat's representatives's arguement to be able to "try" to continue to subdue their noise. Scott Blasie was expert in his professional explanation of the law and the members voted unanimously in our favor. After all these years of Banana Boat victories, Scott brought about a minor miracle for us. We thank you, your efficient officers and most of all, your Code Enforcement officers for winning us this "Round one". We are confident that with your continued help, we will eventually win the "war". Moreover, perhaps this victory will set a precedent against other present and future outdoor noise in bedroom communities. Respectfully and sincerely, 'f ,'~ --------- -J~ ) . Ii . : () (,v^~ ). (""'..ILl. .1 / ') ~ .. /?:.., Je ~7 L._l/.L?jh:v-i'/L.---1_/ -I,d /..7 __ fi-//' /) /// </ ~. ./ {/' . /'1', /; or. . i .7 // .- ./ p: / . .j;;~;I;;;; Joan R. Torelli Nicholas A. Torelli cc. Kurt Bressner, City Manager 100 East Boynto!l Beach Blvd. Boynton Beach, FL 33435 Bressner, Kurt ,rom: Sent: To: Subject: Bressner, Kurt Thursday, November 16, 20062:28 PM Kurt Bressner (kbressner@bellsouth_net) FW: Banana Boat Code Compliance Case ------------------------------------------------ Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. -----Original Message----- From: Blasie,Scott Sent: Thursday, November 16, 2006 l2:U6 PM To: Bressner, Kurt; Immler, Matt Cc: LeJeune, Carisse; Springer, Diane Subject: Banana Boat Code Compliance Case Good morning, The Code Compliance Board heard our case against the Banana Boat last evening with regard to the complaints we received from a Coastal Tower resident about excessive noise. The Board found the Banana Boat in violation of our regulations based on two sound level measurements and one police report and issued a Cease & Desist Order effective midnight November 30, 2006. This means any documented violation(s) occurring subsequent to that date will result in a $500.00 fine for each day/occurrence. Code Compliance will continue to work closely with Mr. Therian (Banana Boat) and the complainant from Coastal Towers towards resolution of this issue. It'll be interesting to say the least. In addition, we've also had to cite Two George's Restaurant for similar violations. I'm not looking forward to measuring sound levels down there when both establishments are in full swing. I'll follow up with Senior Staff Officers in P.D. requesting their continued support in documenting their responses to calls from neighbors as per our Code for after hours enforcement. Scott B1asie Code Compliance Administrator (561) 742-6121 (561) 742-6838 (Fax) Diversity - Integrity - Stewardship - Creativity 1 i po!i,ce # G./;&!~~::lf-}~;~ \1 .BOYNTON BE.ACH POLlCE DEPT \'~'.ri<'('"\. '..:;A~l BOYNTON BEACH, FL 1'1 ,'VIf ~h; ; ~~S~S~:::>/ \ CAD Incident Report #6085500 . -- /7'~~'-~' (../ lncid~tlt Datr } 1] :13/20062301: 1 Ci '. ,fin II \'-".' \. .'>.-.-.;..:.;..L-:-:;:""":~;,;:,;:.,,,;,; : Description 11l(j(t\:llt II. ,C..ll ','akH I~' " conklek 6085500 i ....mbulanct 11 (... :6057528 L ....... '. : .Iucid!!\lt Type . Pt"if1f'ty 86 LOUD M1.JSK 14 : Em~ Ll!,el AlaI'", t,,,.;el '_n_ .-.. i\'llnlitled By . ...~." .',.. _n'.' p\'lodit1eci Date 1 L13/2006 23 .05:45 .... :,.",,~,~..;:...,...::: ..'.'-' ...',... :.,.~:':'.:::_" ;;__ .::-_'.L .., - \lunidpaiiry 1 BOYNTON BEACH Bll!ii,,€~~ N .lm[ T\VO GEORGES Fire 60)( RA 12 i,. ... . ....~.. ~ (~Qrrect Location 403 .......... """"":"'" ...-..-...............".". . ..,,' - .-......--'" ...".,.",. . TWO GEORGES / 728 CASA LOMA BLVD Srn~<:t II Str~et N al11~ Apartm<;nt Ii Cross Slre~1 . v-..,.. -....,.., '." . .-... .... - - ...~._.._.. .. """~"'.. !CAS/\ LOMA BLVD . L:{lj~1mllrk.s .<\dditJ(/IJal ,728 'Ncar _:_~..__..H!_.'_'....;::;;;...... . . } RP Name . RP f'hQn~ , H01~ RerdhCl iF-EFUSED : Rl' Addll'SS :~losed By brownJ Datt' ()osed 11/13/200623:13:05 Incident Types --.., :" ...-:"..... ',' '-'~'-~"', -:--'''''~''.'' .,..... ... .,-"",..., ,.....-..-- .", r I A.\I.-1BU I:",u,J'::CE ; FIRE/RESCUE iPOLICE LOUD MUSIC Note(s) L!\(Jtc :CALL-TKR 1l/13/200623,O2-08 .conklek ~d.U( I I EOUD MUSIC . ^ ---r;-;J; -~_..._-._-_."."._._<._--_.,-"--------_.."._.----_.._-~ ~T2J UK~<B-;X ;S~~~~~~i-r<__<___IWinlandn --i ,..__....____.._..".__ _,....,.___".---...----.-.-..--......-'.. .._____.__________._. __.___________...______.._____J Unit Statuses '~r i Date/rime ___._._..__.__._":f!;l~ \'1I'~~!_"_1 Lo~~~~~~_..__. _____.. ~_.~~p I~_._~ 112/06/2006 23 :59:05 IN I ;bWWIlI :. ,12107/20(1600':04:03 !N ..-.----;'~.--"'"'----ilewism -: __,.,._....___._.....____..__.-.__..____._....._...J 12/07/2006 00:20;08 jY i llewism I -_......._---.__.__.,_.......---_.._...--,,;,~...._---~.......-...$._.._...,,--- -_..._.._.__._......_----_..---_.--"'_.~ [iEJd][~~;., j llnitlP \Statu8 r-~-'-r'--- iB33 lRESP r' ,..._.,-- ,B33 IONLOC f--....-.....-----r--.-..--- ]B33 I CLEAR l......_.__.,...,....._~__.L,_y_._..._..__..__...... Dispositions t!?,pe..__-ti)iSPo,itiOIl .__~_' _,.______~:~~~_~_~!:!~.!._nJA~2_~~!.~eport~-..JE.ue B~' _._._,_,..j !POLICE J(DSNA) NOISE DISTUR13AN I I IWINLANDN : ....,.,_____. ___.___-________..........._____..__""-:__--1._ .__..__-.L.-~.____........---.! \~~ I BOYNTON BEACH POLICE DEPT I~j\ ~:;'i::~~d:~t Report #6085494 ~~~'---7-"'- f;i'7ii;2i0~-ii i9:i7 --'~~~~~~--------:----j f--. ..... __... ,,__.. ~W"-' .--1"..........-.."'..""..--- .-...............-.-- .." --......-.,!<..........-- -... --- ..-" ..-.--.. ---'--'1 !!o!.~.~~!..._...._.. ,...--- n_- _..,,"^~--..-ri~:.: .. _ __'____ .-. ---.. ~-_. ... _.~~J~~~~!.'-~~!.~.-- ...---" --.-...-----1 :6057520 ~-:..._.-...., I : !-".... __.___w___........___...._....._._... __ _._('''''__....--... ._...-.___........_ ..._...... ._,'._ .-.'. --....[----.. "--'-'-- -... -.--..-.-~.._....-..... ..n. ~~~~I_~~_~: ,.!.I!l~......__... ,._ ...._ ... .........._. .,_,j~~~~! ~!~~~____....... . ....... .' ........"I:.:.i?~~':...__ .... ..' -. ---...... . . .-" .----1 1 ~.?J:~~:!? ~~!~..,.... __.,.......-.1.......... ...l~.. ----.! ; E tI1~ LCHI ; .....Iarm Level I Moci.1t1ed By ! Modified Date r''''--'''''-- ..,-........--......... .-.-;...-.... .......-.........---. ... ..,. ........ -..... ...Ti.i~;i3:;2;)06. i2;20~44'--'" .___.._. ..,.,._.,.__.. ...-r ~---. .-., ......- ----..' '-~'~ --- : MunlclpaHt)' I BU8irttS~ l'iam~ I' -- ....... .n_ . .............."'.....1'...........--.................... ..................... ....,..---..... i~~~~:=~=:-=:--=:=:==:~=:=:&:9:==~===~:::==:::=~::::::j 112 1403 . I...."'... _ ...___.....-..... .__..___ .,",,,._.., ....__.............~......, .____." . ".."........ . "'-' .. .i._... .. .....___..... . ....... ......... ....... i :Corl'f>Cl Locllti(loll f......_.........______~.._._--._'~..m..._...-.-.-.~--.-.-.. ...__......_ .,,__ ._____..... ..."........ .-..... ........ ...........-..-......--..--.......-.. ..._..__..."'__U__'U"'" jTWO GEORGES 1728 CASA LOMA BLVD L_..__."-',.....4...._'.".._~___.. _.-_.~--_._--_._.,~.....,.__.---"""'......"...,--"-_..__.._.......'-,.,....,.....-..--- ......_...._,,~.~._...__n...'____,.____,.._..._.__.__.~._.-,..--i ! Su:eet # ! SO'eel Name ! Apattment 11 i Cr!m St~eet : 1728--"-'--.'--- I CASA Lo~iA"Bi~VD-""'''''.- i"'-' ..........__.u._......;_.m___..._.._.....__.'...._ ___.u. .....~ f" .-..--.....-......-. .----......'-----......-~.-r-....._....--...-.--..... ."... . -..---,-....". ...... ..-... ..'f".---.---...... .............-...... ......-.-.. -.....--.-.. ------ _u . . i Nelir \ Landmarks 'Addition$l,J r-- .---...-----.......---...---.......---' ..----l-:-~.-'------.-...."...''"'.. ......----.... ....... ---f'....,........---.."..-.. -.--.---.-.......~-.... ....- - ..... l" ,. t:;bji..iU~;.;:iliidr~i: i RP Name 1.-----....---'....... [TORELLI ...f~.~.~!~~~ . : R~..A.~..~~~s_s..,..... --......---.11 .~l.~~~~~l.... i belmettt ._ ..__......"....._.._.__ ->........._ .... ..._... ...._..<<.___- ..._u_. _.' .~.. .......-..-........... -.-... Incident Types ~f.', F:!:!il.VU"' . !~1BULANCE I r- .........--....--.-..--..-..-----.---.....---......--.-..- -.-.-..,-..-..--.......----.1.- .......... .,. .......-.... ... ..............--.-.-.. L~:EIRE~SCUE. ! _ _. ....4..."...... _. __'_'_.'_'~"''''''''''_'_____.' _,..~...__ .~._. ..__._.-~.....-......... .~...,~,- .,.".,'t~.-. .. .,..... . ,.,.".,.".,. jPOLICE iLOUD M:USIC ,_.....,.....,_....._..___...._._._~.~..."._______..~.__.l.---.... ......._.__.__n_.... Note( s) r~~:~ LiiiL~~ !Note ' r-----.---------- ...,..__.________----..-----.-------.------.----.,-----.----1 l~~.!::.~~~:~. __... . ..____ _ __.. . .Jl.1;13f~9.0-6 _~2:20:32 u.J~_~nkJek 1 ; 0\~~ ; lS4/10..25 .. . .__ --"".--'"'''---''''' ,--....,-..-.----.r-'--..;-,....---..,,-.-\ \iNFo----~-=lj ~?06iJE~~--- -------.::r---j~------i .~1ADECON1-:ACTVl1TH DJ~_ ~~-!.~!~~.r.?-~.~:~~~ .~~~.:J~? ..._........._......, ...__......_.. .--........... I _........~,_.__..._._,.,,_..._.__-.."._ _..~.......,~~..__._._..., ~.,_... .'-r _.. . I" : INFO i 1.1/13/200623:12:20 j'atl:elYJ i ~_._,_.....__~...........,..._--_t-._-.,.---.__.__... --..--..-..--.'-.- ,....----.......--......---.-- _._._..~-----'-_.._.--...1 ! FlJR THER, ' L ,. _._'M ..--.........----..........--'..-. ----......--'. .'-" .- .---.' .--'-".." .......,.,..,-----......-.. -...."..--,' ...--.....- .-..."-"-'- -......__._......._--._..'".....,...~ Unit Statuses ~ ! I)nit rD \Status DlI.telTlme jAV1U'? iLQ(:;ltion !Disp ID ! ...,.,.-.. .....-,.....- . t-.....~ -,.-......--...- ..-...-.----....-.-.------."--.' .-.-......1..' ..---........... ...-..-........ .-..-...., "'.' - ..---..---.........--.-."'1-..--..------1 lB34 lRESP 11/13i200623:05:45 N ; brown!. I ~.... ,_. ".._. ...n"."'"'.' 1.- ..... ..._..........__........ .. __,~,.... . .".. .....~. ..__. '___'__ ............. _._~. .. ........... '__'R._'~' .... ..' . -..._ . ....~............... . ".. '-" - --~ ."...~...-~-.... '4" .~_..,'"...-.- ...~, ..........__._a_. """.,,,... !B34 !ONLOC 111/13/200623:09:55 ,N i. ibrownl I \.'......---..-. .,..,-,...-r.-::.---..-..---~.--r_-~~;;,--~-.---:;:7...'----.;-..;-..-.-......~..r.. ..........-..--....-....-.-. ..-------. ,.-.----r,~_._..~-~.1 ,B34 leI-EAR ,1l,l.J/:.0062~.13:05:\ ; :bro\'linl j L.... ..._......_....._:......__.._..__..__.-__--'--.---..-.... ....___.. .-........ . .--,-...--.. ".-. ..1,,_,. '"'' ....._..._.. .......__.....___.___,__...._-'_.__,_...__._..__._i Dispositions ~E1;c;.;;~;fiiid:'iiiL".i: ~.gtiCE- ! ~~~~~~NoisE-DISTURBAN-.--.t~~~.~! Rtpo;t2-.0.:~~~~~ep~:_-[~.~~ERYJ-1 ,.." __.._........... ,,~....__...... .._"r. ..... ..._..,...,_............................. ....__....... ....1... . ..............-'.._...... ..._...1 .,........... _....___ .... .... .____1...... ........,......-..." ........ J 1~'J'2~?~;~:;:~l} ~~t;:~;~~E~~~~ POLICE DEPT i i ~,' I \#, .ls..! I Ii \'~:.:y:~::()' I CAD Incident Report #6081729 , {BcIV,,'\! '" I nd(lent ibl<' Call T"I(u ; 60B 1729 1 O/30/20U(j 22 1)1)<'4 lubil1] .~m[)ul'J1Ct I> rulit~ ;= Fir~ " (;05494J Inl'ir.lPI\l I'!p~ n('~criptioll l'riorit!. S(l LOUD MUSIC -+ !':rn~ LeHI !~ hu'rn Len;1 MOdified By oe:metH Modified 1).1ll: ] {)/3()/21i(/6 22:06:03 Munidp:;liry ilus:nt.:s~ '\; lutlt I BOYN ION BEACt.l TWO GEORC:;FS .Fir" Box ,}.:A '7 j~ 40~ ('orreCT Loc~tio" T\VO GEORGES;, 728 CASA LOMA. BL \/D SO'~<:l * Slnet N:lIrlt -\part'nr,nl t; ('r~"s SI rtel '728 CASA L{))\,1A BLVD ''\iC:lr Landmarks ,\t1difiuOill Rl'l'oIaJll<: RP J'linil" \h;>' Ret€i\'4'(1 I~P i\ddrc!is 732.9400 Closed By . bennettt [htt~. ('h-,st:'(j j O/30i20fj() 22:09:35 Incident Types AivIBULANCE : FIRE/RESCUE POLICE r OLD [dUSK Note(s} ~t~h: CALL-TKR 1 i)/J 0;2006 22, I) l :46 lubinl \fY\0f\~ . ! 10-56 CALLER AT 760 E OCEAN AVE 11 ] 09 BLD 760_ IN __ _.........__ u___" ,..<..~,____.._.__.___j , .........--____.,-_..._.n...". .--.-. '---'."-''''''--'-'-- .-- , '.. I :(~::\LL:TKR- ",,-- E~.~'2~~~..~.!.:..~,O.:~Z._.__-.. .... ..._.,.... ._...' .._._ '_" ..__j~..~~}.~~._-._._-,--..,,--J ['COST ALTOy\iERS~:-'--"'-'- . ! I ., ," _.' ,_ _._ ,. __....,~...('._..__...........,,.,,. ...~__.."'" .'..,..___,.",....,... .___...-....." .~_....,...._. n__ ...... ........ -.... ,........ u_._..,._'.,_,.._._.... ......... .---...,' ,',... -..-'-......... ....._..."..1 FjiiF()' ... ...--..-.-....---.-..- jl1./13/200622:21:53 [conklek . .1 : '. _ ~._.........._,__:.....-...,.,._.._:._._.,.__.___~.... ,_,______,...,.....-..__.._\..._..,~...__. ........"....-..-.. ...,,~.'...'--' ..... ._....._,-_..-,...,<...._.._..'-....--~1 r~J6R1-H"T6\VER..Cl;OSES-T TO BRlDGE, . . 1 ~.ii'~~f.-O-.. ..----.--.------....--..m---.-Til.113.;20062.2~'7:'5 g_'''M__..m_____._....._.___'..... -..--..J.lb~~-;ttt.__._-..._..l I.J __---L-,-..-.-~-_.._.-."-~_.--",......----.._. ...---.....-. --....--- ------.--.----...----...1 h334-"i O=97'CAJ.:L CLOSED ACCIDENT ALL Y I ~...--,.....-........... ....-...-..--.-. ----..-.......----------.r----.-.......----...-- ......-....., .... ....-.... ....-..' ..,...---.....-.-.......... ----..:.....--.-..-.:.........- ----..--...--1 ill'.TfO 11 t/13/2006 22:45:56 ;rafterYJ! ,_.,...____..__ ___._-...-._..~.____....'",.._..-J.___.-.------,......._.._._.........'''---' ........... -.- . ........ ..-"'. ..,... .--.... ....,..........--....... .-.-.. ... ....-,...-.... ..... ........,. iCOMP REQ TO HAVE INCIDENT DOCUMENTED, CONTACT i I- -.. -.............-.. ......---. ....-..-- ............-....-- -....\. .-... -- .....-...........-..-.............. . ............ .-..-......."..... ............ ..."" ..... ,..... .... .. ........... r' ..-.. ......-... .-............----.......1 I I !':~() _... .._ .u........__......_.. .""_ .._...J..~. ~J ~ ?:.~.??6._~~.:.~.~:~7-._... .... ... '" ..... . ..... .....7.. ............... Ira~: :'2'1..._... ...... ..... .1 !W AS MADE WITH MGR OF TWO GEORGES, l'v1!CHELLE. .' I ~. ........_..".._.....____......._....____ "..,____~_._,____.~__._--....,.-.__.___.,..... ._.._.____~.... .__..... "__'" .-... . ......-.-- C' ..___.._____....._......1 [INFO \11/13/200622:45:57 !raftexyj. t t". ''''--'' .---.. ...--. ....... .... ..---..---"....,--.-.---,.-.--.-..-..-,......--..- "-- ..,........... ...----...,.. -. ...., ..-.....-...-...-- ....-0_....___. 'M._ -.-,----- 1.t\.-fUSIC IS BEING SHl.rr DOWN. NO FURTHER. L..._~..~_ ...... M_.._.._____-'"-,...._.....--......-........-----..........M~.--,.,----- __.___.___........._.._r...._____....,.-,....._..,. .-- ...,..........--.-.;..-.--.-,...----.....----,---......,; Unit Statuses f\ '.~ \ \ \ t;l~tjJ;!~~:r' jUnft 10 . I Status Il>at~rrlme !Avll.lI? iLoclltion 'Dlsp [J) I 1"-" -....-....... '''--'r, .----.-- ......".." -... .-.r---.........- _.. . ......u........ ... .....-,....... ..... -..--.......... ..... _....."..,- ............ .....-....-.... ... .,-.. . . ... ....... .1....._ ..,.-----. ..j !.~j~--....~~h .--.-ti7ij~:H~%~~-.f~-._+.._-. ...-""" --t;.-:: '1 1__._._..._____..,J___..__.._._._._____..___._.~"..._,___.1____...._...._,____.._.......___ !_" Dispositions e~:~:?i:~;';:t ',: .. .., . .... . ." ..' ".. /~~1:rr!~r:T!!fi;'fUr1!;i:~t~;J!f:~r;:~f;ii!:ii:i:::(i:~m~!f!~:~rf;~~~1~~~~:'~'::f:~~,~u::~TI f;{5i:~~~~:XSE ~~~~..=~r~ci_~~,~;~?Li~~~~~X..f~~~~y~~ "~'" . .____...______.____-. _...,,'_.,...___...._._.._.____.............__.____._ 1.-_ _,__.-" l~.~.'~:~."~f~~~, BOYNTON B. EACH POLICE DEPT !/i~;;:f.l:~) BOYNTON 8fAC;H, FL ~~-') I CAD Incident Report #6079824 ,._ ._.... ._. ,......."". .......... ."~ _,_.._ "' .'.....~._'J ,.-....~...._-... -......-'---.. ..-.-- _.-~ ,.-.-..-._.~,._-'- -----..... ~]:E,Etr;;:i]f;;;'~~~sC,~~ . llncideot # Incident Date ~....,.,............___",~.,...,.._~...,. __.._",~,,'_"''''_''''h_'_' ..,".,_,_.....___......,.. .......,_.___~,...__....__.....r....___......_ ......-."~_~,r...., '... \6079824 110/23/200623:08:00 L.. .._"'" ....,.~--.... -.....,.- .. .--. . ..,......,-.-....__...~-_. ..,,--.-...--.. ." ......................" ....,. ....... I Polic'i # ! Fin # (....,....._.___ ... .m., ....._.. ,. .", " '" .. ...................t....... ..",.,..... ............ . .,.... 16053699 I t.........;. .-.......,..-....-.-........... .--..,,----.---..~..r,--.-.-.--:..---:....-- ........ _." : IncIdent Type ;De~~nptloll '._n""_ ..- ___._....m_.....____... .. - ----- . --r-....'-----..... ----. \ 86 LGUD MUSIC, 14 1-. ~........~,.,___._.,,,.._"'.~.r.--.' ..._~,...__.~ ,_.....~__...+-..".~... .-- J'''~ -.- ... .~~ -. .--... ,,!"'~-'" I Ems Level \ Alarm Level iModifi\!d ay i Modified Date )----.--..'."". --C'- .--- "-----...-..----1 c l~~~_;.e .:...~. .---- -. .-.------- ....---.~.-110!2-3";2 QCl623 : 1. 0 : 3 4 i Call TiW.er .+.... ...._.._._'W' ....,..... ..,__-~. \ciowese .1..... ...-.......,.... ...... --- . I AmbllhulCt # .,._L._......_,...k.......__. ... .___. ..1 ~~~~::~'..".._..-----. . j~~~'_ne:5.~'.llme. ........ jl BOYNTON BEACH. ... '. ". .... 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',~_.- ---, --- Incident Types [~Z:~~2~i;,""".;; l.~~~.~~.!::~S~ .. . .....- ..---.........------..-..'.... 1 FIREIRESCl.JE I..'" !.~~~~.c;5..._._~....'"".....------.,..--....-----._....,. ---- __.l~n()~1_~.~y~I._~.______ Note(s) !~'~;:m:.W:sl;'" fffi1l~!;\111l"ijr;,. , ~;;;,:~;,:~.3!tL;;,.~. J>~L~~,:;;~:;lL: iNlJtc 1______"""__,,,_ --"..--......-------.--1-..---.."--........--...--..--....------.._.. ..,.. !CALL-TKR ilO/23!200623:09:12. !-...__"".....___~_.._..,--_..__".__... ...___ _....L............ --.-....... .... [ _"-"...._...,;.~.~~~5~~~~J!!~~~LJ~~1~~lTI':1!~:....- ._'_" _.__......"",...~~_.___,...,...~...,-r--"'._'---.'"'._-----~..~-"...--.-,.-.,.-.-. ~.1 ! cl()\vese _ ...._........1.......__ ........... (Y\0t"\~ Q. I~~G ~ROMYANAN~BIIO/3~i~i{~f~-::j~!~~"'---lbe';;;tlt-.-I 1--..---.....-.----.--.. ----.---.~-.,-.- --.. ,.'7..-.-...~...---------.-L-----...-,.....w--1 l~~,R~~~.!T ISYOMIN J _... .:~_~.c._~____.JL____._--__...~___.,,___.,.~-----..-.--1 ILOC CHG \10/30/200622:00:06 jbennettt i 1,;"____"_'__ . ..' , .. ._..__.._._._____.__u_____ -------------1 ,~~~-&'1~.?AT ; -T Eg~~~~~~!().T:>"<:>Clj,;9~S'~____r-----n--~ lrfiy~'iEii Tin; MUsI~o~~~:~:2y~=--===:=~~j1~e~~-=~j Unit Statuses If' ~ . ~~~ ~___._~~sp -...- t ~~~~~~~;)06-22: oz";-i"i' ! ~~~~1':..--1~~:~~~~.._.-..----.--...-.--...---'~..-~:;~-~ t.. .....,..-...-.-..'t"-r----..-:--.-..T--,-----.o---;-~~~..~.~ '~1----; '---" ,...---- ..- ...-. ....... .... .."..,-_.-'--t .'----........, iI3?.~ ..e~~()::?..m...-~..lg!-3..?(~?.-\J.~.:~:.~~.. '.~ '; N._.. ...'" ._"'n .. n._____...!h.enn.~~~.~ [~~~._..__._._~,~!:~~~.._.__"jJ.~y_~~~~.~?~,.~~ :??_:.~_S_1X_. ___..1.-. ___. ...,'...___."...".,,-.-_____. . ....l~~~et:t~:....j Dispositions tf~ti~~~.]C~~~~~.~i?Isi~~~~iQ~~~~=.~...,:f~~!~~~~~~~=?-~j~'=!.=~~~~~=~~~~~~,~.-:i~~.~~~--_j i,,-;j}~~'5-~ i BOYNTON BEACH POLICE DEPT (,;1i!:~":1;~~' I 80YNTON BEACH, FL \~~'t~;y~, Incident Report #6052580 L ".":;'-:::::: j Report Entered: lO!t5/2(.H~6 2:':47':;5 ~~( f\ I Basic Information i BO'{ -PD i... ....... . . --." :Case TltJe/Vi~tim !""" .....-.,... : tl\cid~nt Typ<:/ofr'-'n~e NOISE DISTURBANCE (DSNA) 'i Date/Time Incident Reporttd I ...." ..._. ._._""' ....0>. ',1 Oil 6,12006 22: 1. 8 :00 . !Occur-red betweer: !72~ : City .' '-'- ,Stnet Name !~n".'.' .-... i~~S:~L2M.A. BLVD iSt:{tc i Apt/Unh If . i:.\d.~rm i~ip I. i Reporting Area i-.".'''''''' ........."............_n_... !B~X'NTON 'iFL i BL-ACH i .. l_. _ ".._",.'~ .. ,403 I t B~~In.,ess.~~~le I Rep()rting Officer L. _ ," -- -.... ...~ ..' .-' .... ,-.' ..- !JOSEPHB(836) \_ _.........__..._.n ........ .~..".'.--- '. '. Rn'lewed By 10/16/200622:47:55 , SiglJdure : Olltt:!Time Re\-'i~."'.t'd i..I;,.L..................""'...__......-... ..0"" .____... ._..__..____".....__ ....--... :.:~~!'.:..?,~.:~.~~._._..,_... : RANZlEF(567) ! SlgnlL tu r~ __._.__._.'.,~._._..'..___ .....-;-.__............... ....,,_...,..__h____... DatclTime Approved .. .___. ..,.__.._. ,__,_'___"--'" ,_, .....d......._.._ _.-u._...... ....".- .....".._ ..._.._.:.... ... ....,.....~. . ......._. .... ."..... ....,., ... .....__.....",......,.,,_,. ,n" h_ _.._h_-.' _' -"..,_......... 1 Oil 7/2006 01 :25 :33 ........_. .., .0__.__'" ...._"..."''''...~.. .-' ......~_.~ . - .........~....-~~,......_._.... __..~. _ ..........~.. _ "._...~.. ...____.._.. ..._..__._........ "~I~'" ....._ ..._.._. .-....-.., , ....... -,.,..-- ~ n .. h_h...... . ......l~.~.j~t~~~_~~~~"c~---._....... ._... .______.".... ___ .. . .... u__ .. .. . p:l(m) Supervisor J.<?~.l?:p~.(?36). o_~~9!}.?/2006 23:52:49 Na rrative ; i On 10/1612006 at approximately 221 8 hours I responded to 760 E OCt~an Ave #1 09 reference I a noise complaint. Upon arrival I met with W/M Torelh, Nick 03118/1933 who advIse that he PD called referen(:e noise coming from one oflhe restaurant/bars on the nothsidc o[Occ-an Ave. r could hear music coming fonn that direction from the parkmg lot of the complex and from inside of T orellis residence. Upon investigation I found the noise was coming from Tw(.' Georges, r<"\ Or'\tl~ iSr.:.l\r~, Marks, Tiltoos (' ......_....._...". ....c.._....... ........_._.._. .__............ .. .. ..-.. .. "" ...... ......i r~=i~i~=~_-:=~::~==-:::r:=~~q~~=~~~===:~=~:=-_=~::~=::====3 ,.., ,I .. _ I, 1Addnss Street Name -.-, -- -f,.pt, if- - . --. I l""'''--'-~'-''--'---'' . -------~.----~-..--,.--.-------.....-.-..---...'".-...--.-.-..-..---..t--~."'----..-....----..-...---.'I }-...:..._..._.-._"...._-_L.~-_.__.--.---l....---...-_..."'.-..--..-.-..-.---,.."-...-..--"..-.--..--,.t----.,,~---....---------..-:..-~ i~lty .. .... ..... 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WANTS OFFICER TO i ;.......,..._.....__,........"......~__,__....______...,.___......_.~.....'M..~....' .___"__.',"__'.__~_ ,._,_...___.._,,,._..__...._._...~.,__._ ___................,...._..__._-'~_',r.A~.,..,_.___.__.......^.._,.-.-------...,..~.~.-I \CALL.TKR i 1 O/23i2006 23:09:12 !clQwese! :"~__'_~.'_'''___''''''__'___ __._.__~.__.,___..,..._.___^-_...--.._.._.__.._......"....._..___.,.'.-'.,...'''' .._....__._....__...___...,_.."....._.. __....'_~,.."... "...__., ".." .,'_" __....__~..,_.___~.-"',______' ~_.F........_._.__--j i~vr~~!:s~.?O ~'"r.:-OUO'~U ~I C IS F~O~!~!:!~~?~~.?_:..::_~____ ...... __nO _..____._,_.__....,..___... ...-- ~J . ..' , t' , lCALL-TKR ;10/23/200623:09:12 Iclowe,se: ~ ..' ,I lSUGGESTION"'},1'ADE BY-CODE ENFORC'EMF.-NT-.-..._----. ----..-..------.'-.--.----------.1 i....__.hh......... ____......,,_.--.-.....,.-----. ..-......1.-'.-----'.....'-----.-.... ,---"-'-' -..."......... . he'"~ .... ... .........-..""...'.-U....C...... .."--....'""-,..-..---.....,.-.....-., iCALL-TKR 110/231200623:10:27 lclowese l."'.'~.,,_....--., _..,.".."._____,~,~.,.,....~.'_._.____...., .._..... __.__.".._,.._L._____.".."'..._,~___.. ....,... ..._ ~__...', ,_.".." . -.' --.'." . -~..."'.. -_..-..-,..~"",., .,--",'."'''.'- ,.--.-..~,..<.......^.....'.,..---.. .--.,'"'....'.--._--,~...,..- -----.-.. ,'.w INORTH BLDG -- f-...........-,. ..__.__..._.......-..'''~,.-._-".,._..~.._...-r'-'-....._.-..-...h'.,. .... --..' .......-.... .-... ...._- ...---,,-...'. IJNFO ~lO/23;2006 23:23:27 l".' ..,.-.- ..._____,_...______...__"___.______J, ..-.--.........-... .---. ......~ ......-.-." ........ h ..-. ",..... ... I B34 10-97 TWO GEORGES -- ._-~~"" r~B"FS?~::_~~....'_....'.'. ..h..........' [1?(~2~?~~.)3.~~~~>~:?~...- ~~) ... !~?~)J"l~.~'j i MADE 25 WITH TWO GEORGE' ...,- . ADVISED TEA T'7 ~-,..__,...~-..:.....__~--......--~---._~...,.- ____....._._I...'........-..--.....-...~.....,_.~-...,.....~ ....__n. .-.._'. ...,.~~.....__....,.-_'..~"~.._-,~.. -.,-. ,..,.....,.......-_~_.A_...-"_........__~ .,.._~.....-~..,-~......-~~-- ---.." jINFO .110/23/200623:30:52 !coom:yj t'"-_...., " ."..,..,.__.........,..'.. ,...__..".,:............_.__....'.......'._''''.__-........ ...-....--._._._..... ..... ,'............_._.. ... -..---.......- ...., '-......,...".....-"'., ....,,~....., ,---.-.--".. .,'''' ,. ..--- /..---'-,.......~-.-~-,.. .--, ~..-.,' ~____..h ..'. jTHEY WERE CLOSING, THE MUSIC WAS STOPPED ON MY V } '.' J, "n. . .......__._' _...__.._.~.,'~....,_ ,....d.......,.~......-;,-,,,..-._._.~. ,.. t._..~,. ..___..,..~_._,.".. ~_._... . .. ..~...-~ ........ .. _..-,-- "4 ._.......,.. .,.. ...-- - .-..',;. ."- '--..,,"' _...~ ,'-'-."""''''~'- h."__ f,l}~~~.?_.. __._.______.... .._ _ ........____ jLcy!.~!~_~~?h~.?:~~: ?~---- ,.,n...__ ....,.., .-__ '- .---'" _____j~??~~!L__.__ ;ARR!VAL L,,_~__.,._,,_...-~--..--_.-------'-- ....__________.._.h .,___.__...,______.,_.___..,,___.....h_.."______.._. , .._....._,~........ -.---.) lbennetrt i ........."""J...,.. .._.__"..__... h" -.. .-.,..-" . ----i i Unit Statuses , I ~I:;~p ----i~~;;06 230933--rN--'----- ~-~-- 1:::::ttt.J :_"'.____..,.._.-i"-...--,.,-.----.,~.'--'-------_h'--.....-.....",-_...,.... .h. "h.h__' .... ...m__' ...... --'''-' h...._.... ...--~ ""......__..'.h.-;--.--.----..--! -~~ iB34 :ONLOC ilOJ23f200623:15:43 jN : !bennettt i lB3:4-=JC~~__:_JlOi2~~2006 fii3:2.4.:.Iy:~-:I=:====::====]b.~~~-I1 Dispositions [:J~~!B;~'-"h' j~?.!~,,_,._^__ iDh?()fdti~~_ . IncidelH Report? ,Accident Report't Due By . .. . ~ _ __.._...____.__.n...._'-..'...._.._ --.....-..-.....------....."..1...-.---".......----- ,-- ' 1~OUCE i(DSNA) NOISE DISTURBAN: i iCOONEYJ-----"": .. ..___,,_..___.L_____.____~,----.._,,_..--.-....-h--..-.-....---.. "h'~"" ......... _____".._-._ ..~....__..,.___ ..__"'__h' .'''.....J.---------....-...... --, XI. - NEW BUSINESS ITEM B. 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 181 April 15,2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon) 0 May 6. 2008 April 14. 2008 (Noon) 0 July I, 2008 June 16,2008 (Noon) 0 May 20, 2008 May 5, 2008 (Noon) 0 July 15, 2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) . , i...,..-....' 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF 181 Administrative S New Business (...) AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 Unfinished Business ~~. 0 0 - Public Hearing - Ui RECOMMENDATION: City Commission to evaluate and decide to remove the CRA's pledged payment of$2.3mmion f~j.:'. the Public Works Site due on October 1, 2008 as well as an $8.3 million payment due in the subsequent year. EXPLANATION: CRA Board reviewed the materials at the CRA Board meeting of February 12, 2008. Vice Chair Rodriguez moved to bring the issue to the City Commission for evaluation and decision. CRA Commissioner Weiland seconded the motion which passed unanimously. PROGRAM IMPACT: Relocation of Public Works Site FISCAL IMPACT: $10,6 million due from the Community Redevelopment Agency City Manager's Signature l.\~~ D'P~~t]x'I/~~\- Assistant to City Manager ~ City Attorney / Finance S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 12, 2008 Motion Vice Chair Rodriguez moved to approve the changes in the size of the condominiums exclusively to those outlined in the recommendation. Mr. Weiland seconded the motion. The motion passed unanimously. E. Consideration of a Request for Qualifications Process for Master Developer for Town Square Ms. Bright reported it had been suggested at the last meeting that staff work on an RFP or RFQ for a larger development area for the Town Square plan. At the present time, it would require both CRA and City staff to draft a request for candidacy or request for proposal. She requested the board allow CRA staff to commence discussion with the City to ultimately come back with a request for proposal for a larger development site known as the Town Square Plan. The downtown master plan would be considered by the board next month and go to the Commission in April. The intervening sixty days would give staff ample time to create the required requests. Attorney Doody concurred the processes should be pursued concurrently, Motion Vice Chair Rodriguez moved to approve the RFQ process for the master developer, contingent upon the approval of the downtown master plan, and can be released simultaneously. Mr. Hay seconded the motion. The motion passed unanimously. F. Potential CRA Commitment to City Capital Improvement Program eCIP) Ms. Bright had been made aware that the City's CIP included a reimbursement by the eRA in October 2008 of $2.3M with the subsequent year of $8.3M for the Public Works site. The CRA was not privy with those discussions. The CRA had not publicly discussed any intent with the Public Works site since December 2005. She had brought it back to the board seeking direction from the current board and Legal, on any necessary action to be taken. Chair Taylor offered that it was premature since no new site was available. The City Manager also indicated the Commission could remove it from the CIP. Mr. Weiland agreed. Ms. Bright agreed with Vice Chair Rodriguez that the monies pledged would factor into the purchase of City properties with the MLK corridor and the availability of funding for both. Attorney Doody advised the City's adoption of a budget would not be operative on the CRA without the CRA authorization. Ms. Brooks indicated it was an unfunded mandate. Motion Vice Chair Rodriguez moved that the issue be brought to the City Commission for evaluation and decision. Mr. Weiland seconded the motion. The motion passed unanimously. G. Consideration of Purchasing City Properties Within the MLK Corridor 8 ~~Y~T2~l East Side-West Side-Seas'lde Rena'lssance eRA BOARD MEETING OF: February 12,2008 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Potential CRA Commitment to City CIP for Public Works Site SUMMARY: Attached is a memo sent to the City Manager, regarding the City's FY 07/08 Capital Improvement Fund, in which CRA funds were pledged in FY's 08/09 and 09/1 0 in the amounts of $2.3M and $8.3M respectively for the relocation of the Public Works Site, This appropriation with a CRA reimbursement was approved at the September 4, 2007 City Commission meeting. F or historical purposes, the Heart of Boynton Community Redevelopment Plan identifies the public works site to be redeveloped as a multifamily use project. On December 15, 2005, the CRA Board agreed to send a letter to the City Manager from the CRA Chair at the time, Jeanne Heavilin, requesting the City to pursue a relocation of the public works site. The attached letter states the CRA would be willing to assist in this process and to contact the Executive Director to provide the status of the relocation process. To date, the CRA has received no response to this letter. CRA staff did not participate in the CIP process and is not in a position to speculate what discussions occurred with the City Commission resulting in this appropriation with a reimbursement by the CRA. Furthermore, December 15,2005 is the last time the CRA Board held any public discussion with regards to the public works site and it is necessary for the board to provide staff direction if this is a funding priority and obligation they wish to fulfill to the City. FISCAL IMPACT: To be determined. RECOMMENDATIONS: Provide staff direction. T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\0802 12 CRA Board Meeting February\CIP Public Works Site.doc ..I,~<iY~12~ eRA .,~ East Side-West Side-Seaside Renaissance FROM: Kurt Bressner, City Manager (1 Lisa Bright, Executive Director rJ6 City's Capital Improvement Budget - FY07 -08 TO: RE: DATE: January 17 I 2008 In August of 2007, City staff prepared the FY07-08 Capital Improvement Program Budget which was adopted by the City Commission on September 4,2007. This week the CRA Financial Director brought to my attention that the CIP Program reflects a CRA reimbursement for a New Pubiic Works Compound (Land & Facility Costs), The first payment is due to the City in October 2008 in the amount of $2.6 million and in FY09-10 a payment of $8.3 million. As a separate legal entity, the resources of the agency cannot be pledged without CRA Board approval. I can assure you the CRA Board has not held any public discussions regarding this project as an agency capital funding priority. Quite simply, until the CRA Board establishes those priorities we cannot begin to consider this opportunity (refer to the attached email). It is possible the CRA is not in compliance with State Statute 163 (SS163), the Department of Community Affairs (DCA) and the Auditor General. Specifically, SS 163 requires all TIF contributors approve municipal facilities prior to implementation and the DCA now requires the City's Comprehensive Plan be compatible with the CIP Program with a guaranteed revenue source. Finally, the Auditor General requires an Interlocal Agreement between the City and the CRA. CRA staff was not included in the CIP discussion process nor queried on a determination of property value in August 2007 for this site. We recently received an appraisal for this site and would be interested to know which methodology city staff employed to determine value and if it is comparable to our recent appraisal. I do not feel that I am in any position to report to the CRA Board as it relates to this matter. Therefore, I am looking to you and legal counsel to verify if there is any exposure to the agency. lib Attachments cc: eRA Board CRA Counsel, D, Doody City Counsel, J. Cherof 915 South Federal Highway Boynton Beach, Florida 33435 Ph: 561-737-3256 Fax: 561-737-3258 ~ ,"-' ","~~' Q i ~! .:, 8 - h'" r;:, <':' Page 1 of 1 Bright, Lisa .....om: Bright, Lisa ~nt: Friday, January 18,200812:34 PM To: Bressner, Kurt; Cherof, James; Livergood, Jeffrey; Atwood, Barry Cc: 'DJ Doody' Subject: RE: Memo from CRA Director - PW Site Attachments: Letter to Bresner re relcoation of public works site.doc Hi all, For historical purposes, attached is the February 6,2006 letter sent by Chairwoman Jeanne Heavilin. Our Public Works folder does not reflect a response with the City's Plan to the request for information. Lisa . _. .".. -....--..- - .._ _._'~"'_'_._ 0_-_- _ _.' ..._. ____'_"__.__._ .__. .__ ,..__.. From: Bressner, Kurt Sent: Friday, January 18, 2008 10:53 AM To: Cherof, James; Livergood, Jeffrey; Atwood, Barry Cc: Bright, Lisa; 'DJ Doody' Subject: Memo from CRA Director - PW Site ,. "~"-'~"--' - ~- .. -~. --" --- "' __.__ .__ ~ ._no Good morning, PI"'''lse find a copy of a letter I received from Lisa Bright. The former CRA chair wrote a letter to the City requesting that we take · to relocate the PW Facility. The CIP Budget reflected that request with our understanding that the cost of the relocation vh.....ld be borne by the CRA, The CIP Budget is a multi-year program with the first year being the specific and legally authorized appropriation. The timeline for the CRA's involvement begins in October 2008, which is next fiscal year for both the City and the CRA. I have no problem with the City Commission and the CRA Board reviewing this issue specifically and for the City Commission to authorize removing the relocation of the PW Facility from the CIP. If in the future, the facility is to be relocated, it can be placed back in the CIP, I cannot comment specifically as to Lisa's opinion that the CRA may be not in compliance with FSS 163. Please review and advise. Thank you, Kurt Bressner ---------------------------------------- Florida has a very broad public records law. Most written communications to or from local officials regarding City business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 02/0512008 E ~ :J:C) UO <0::1- wn.w D:lt-C) ZZQ ow::> t-ED:l zWco >->0 000 D:lo::~ u..n.r-- O::eo _0 /:..IN -< Ut- i[ Z w iij IX: ;:: 0 ;:: 0 I"- 0 I"- 1"-' 0 ~ ;t. 0 \0 It) '" "" <D ~ ~ .. .... c:: ... N 0 25 ~ ;:: 0 0 0 I"- cO 0 0" ~ co OJ 0 ll'l t:! 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Project: Agent: Owner: Location: Description: B, Project: Agent: Owners: Location: Description: ~1~r.'lf.!.io,'''7 HARBOR CAY (SPTE 07-006) Sid E. von Rospeunt, Managing Member for Harbor Cay, LLC Harbor Cay, LLC East side Federal Highway; approximately 160 feet north of Gateway Boulevard. Request for a one (1) year site plan time extension for Harbor Cay (NWSP 06-011) approved on May 2, 2006, from May 2, 2007 to May 2, 2008. (Tabled to August 21, 2007) Casa del Mar (SPTE 07-009) Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard and Miskel LLP Ocean Boulevard Properties, LLD 2632 North Federal Highway, east of US #1, north of Dimick Road Request for a one (1) year site plan time extension for the Casa del Mar project, consisting of 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD) IX. CITY MANAGER'S REPORT: X. FUTURE AGENDA ITEMS: A. Discussion of Resolution No. 03-164 (Tabled on 08/07/07) B, Discussion of disposition of Old High School (Tabled on 08/21/07) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. Proposed Ordinance No. 07-022 Re: Amending Section 18- 135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. 2. Proposed Ordinance No. 07-023 Re: Amending sections 26-9 and 26-34 of the City's Code governing rates for potable water, wastewater and capital facilities charges. 4 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 Motion Vice Mayor Rodriguez moved to table Item VilLA. to September 18th. The motion passed unanimously. B. Project: Agent: Casa del Mar (SPTE 07-009) Bonnie Miskel, Esq. of Siegel, Lipman, Dunay, Shepard and Miskel LLP Ocean Boulevard Properties, LLQ 2632 North Federal Highway, east of US #1, north of Dimick Road Request for a one (1) year site plan time extension for the Casa del Mar project, consisting of 42 fee-simple townhouse units and 40 multi-family (condominium) dwelling units on 4.11 acres zoned Infill Planned Unit Development (IPUD) Owners: Location: Description: Attomey Cherof administered an oath to those intending to testify and explained the procedure to be followed. Kathleen Zeitler, Planner, located the property and reported a site plan had been approved on July 18, 2006 for 42 fee simple townhouse units and 40 multi-family condominium dwellings on 4.11 acres of Infilled Planned Unit Development. Additional time was requested for the applicant to get the building permits. Justification for the request and good faith effort to move the project forward had been done. Ms. Zeitler noted the environmental permits required do take significant time to obtain. Staff recommended approval with all conditions of approval. Bonnie Miskel, agent for the applicant, was available to answer any questions of the Commission. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve a one year site plan extension. Vice Mayor Rodriguez seconded the motion. The motion passed unanimously. --... nJ..,. VY,", \"oQ~I~' .L1I,p. _. _ . . ~ -'~::J ':-'.... ~~.,"_. -.- ,.- - n. en - .. . . - ... ......... ~ - - -- .... ~ :~ _ ~ r~--" -. ~ ~~=.: ~~ -= -'. -:.:: ~c: 10 Meeting Minutes Regular City Commission Boynton Beach, FL. September 4, 2007 ..... _ _~^. ';rJ"I~ r^......n"li~.,.;,.,.'" r: iJ__I_..-.... . ., - ..... ._. ~.._ ...JJlJ ....1] - - _u, ~I__- ~, . . f~^-'" .., '1 J --'- .. ... . . . :.. - ~ ~ _~n~_~~!~.;._L I! i..... ..~.~r:-.~ t Motion Commissioner Weiland moved to approve the 2007-08 capital Improvement budget for non- utility projects. Commissioner McKoy seconded the motion. The motion passed unanimously. X. FUTURE AGENDA ITEMS: A, Discussion of Resolution No. 03-164 (Tabled on 08/07/07) B. Discussion of disposition of Old High School (Tabled on 08/21./07) XI. NEW BUSINESS: None XII. LEGAL: A. Ordinances - 2nd Reading - Development - PUBUC HEARING 1. proposed Ordinance No. 07-022 Re: Amending Section 18- 135 of the Code of Ordinances, entitled "Board of Trustees" of the General Employees Pension Plan. Attorney Cherof read Proposed Ordinance No. 07-022 by title only. Mayor Taylor opened the issue for public hearing. No one coming forward, Mayor Taylor closed the public hearing. Motion Commissioner Weiland moved to approve Proposed Ordinance No. 07-022. Vice Mayor Rodriguez seconded the motion ~ City Clerk Prainito called the roll. The vote was 4-0. 11 ~ ~ - . . . ",,'" ,"-'" " -', - ",-".:. -. ~,-..-.' " . . , - B_r!~~=~~:~AgenCY Dect'l1i.'lli2M$ Chair Heavilin inquired about three other HOB properties, Ulasoy, Finkelstein and Mr. Barry. Ms. Brooks gave an update and Mr. Finkelstein recommended an option that the CRA self-develop the site as opposed to going to RFP. Ms. Brooks will bring that option back to the Board in a more detailed manner. There will be a conference call tomorrow with the City Manager. They will proceed with contacting individuals and letters will be going out at the beginning of the year. Many of the eminent domain individuals are coming back to them. e e -. s Mr. DeMarco thanked the staff and complimented the CRA staff on their expediency in moving pending matters along. Mr. Fenton thanked the staff on behalf of the Marine Corp Toys for Tots program. His staff generously gave up their inter-staff exchange for gifts and donated toys. A big bundle was delivered to his office and also at the meeting tonight. A marine is coming next Wednesday to collect the gifts and there is still time to donate. All toys will be graciously accepted. Mr. Fenton also wanted to go on record that over the last four years and serving on the Board, that bureaucratic micromanagement has created an inertia in the City of Boynton Beach. He thanked the Board and said good-bye. Mr. Barretta noted in reference to the CRA office, they will be asked to leave the premises by August. The CRA is looking at the old high school. Mr. Barretta contended by the time they go to out for RFP, select a contractor to do the design work, permitting, construction documents and required renovation, it will probably be August of the following year before the building is ready and the CRA should not consider the high school. Time wise it is not feasible and in it's current condition it may not be able to receive a certificate of occupancy. Ms. Bright indicated she was told the building was habitable. A happy holiday was wished to all. X. Comments by Board Attorney None. XI. Comments by Staff None. 15 February 6,2006 Mr. Kurt Bressner, City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. P. o. Box 310 Boynton Beach, FL 33425-0310 Re: City's Public Utility Site Dear Kurt: As you know, the current location of the City's public utilities site is located within the Heart of Boynton Redevelopment Area. According to the Heart of Boynton Redevelopment Plan, this 8.2-acre site shall be redeveloped. The CRA would like to formally request that the City pursue relocating this site as soon as it is feasible so that the land in question may be redeveloped in accordance with the Plan. Please contact Lisa Bright, Executive Director, with the status of the relocation process. The CRA will be more than willing to assist in this endeavor. Very truly yours, Jeanne Heavilin Chairperson, CRA cc: CRA Board members Lisa Bright, Executive Director, CRA Kenneth G. Spillias, Esq. I:\Client Documents\Boynton Beach CRA \24 I 9-000\Corr\Letter to Bresner re re1coation of public works site,doc XI. - NEW BUSINESS ITEM C. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [g! April 15, 2008 March 31, 2008 (Noon) D June 17, 2008 June 2, 2008 (Noon) D May 6, 2008 April 14, 2008 (Noon) D July I, 2008 June 16,2008 (Noon) D May 20. 2008 May 5, 2008 (Noon) D July 15.2008 June 30, 2008 (Noon) D June 3, 2008 May 19,2008 (Noon) D August 5, 2008 July 14,2008 (Noon) D D c AnnouncementslPresentations City Manager's Report "-,... ..\ NATURE OF [g! Administrative ~ New Business \ ~"'~. AGENDA ITEM D Consent Agenda D Legal D Code Compliance & Legal Settlements D Unfinished Business W D Public Hearing D ~~ :J;: RECOMMENDATION: Consideration of Pressure Cleaning the Sidewalks on Ocean Avenue c..n C1 ;";'. EXPLANA TION: CRA Board Members directed CRA staff to select a private company to pressure clean the sidewalks to -'. improve the curb appeal along Ocean A venue, During various discussions CRA staff learned from City staff there was a process in place to clean the sidewalks by City staff The process allows for the Code Enforcement Department to ensure the businesses in keep their storefront areas clean. PROGRAM IMPACT: To improve curb appeal and beautify the city. FISCAL IMPACT: To be determined. ALTERNATIVES: Not clean the sidewalks. &. t- ~I~ A . 6(; ~k Department Name City Manager's Signature Assistant to City Manager ~ City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 Chair Taylor noted none of the options included the lien. D. Consideration of Work Order #1.2 for 211 East Ocean Avenue Construction Documents Ms. Brooks advised, at the last board meeting, the board approved the second option, a 1,000 square foot addition to the structure. The board was provided with the work order under the continuing contract with REG to create the construction drawings, site plans and to apply to the State for the Florida Historic Grant. A preliminary review had been submitted for the structure. Motion Mr. Weiland moved to approve Item D. Mr. Hay seconded the motion. Vice Chair Rodriguez noted he was not originally supportive of this project. However, last month, he did vote for the renovations. In hindsight, he believed he probably should not have. He wished to make it clear for the record, he did not support spending another $850,000 to renovate a building for which the CRA spent $150,000. The building was purchased only last year, but it appeared every month the board was moving forward on renovations. Vote The motion passed 4-1 (Vice Chair Rodriguez dissenting). E. Consideration of Ocean Avenue Pressure Cleaning Options Motion Mr. Weiland moved to approve Item E. Mr. Hay seconded the motion. Chair Taylor and Vice Chair Rodriguez inquired as to what the board was being asked to recommend. Mike Simon, Development Manager, noted the board requested information be gathered on the manner in which Delray Beach dealt with the sidewalk cleaning of their city as it related to Atlantic Avenue sidewalk cafes. Ms. Brooks recommended the City Commission consider amending its sidewalk cafe ordinance to include mandatory cleaning of the public easement on a quarterly basis. If 18 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL January 8, 2008 this was not accomplished, the City could take over this task and charge the establishment for the cost incurred, or place a lien on the property. Chair Taylor was of the opinion that nothing should be done at the CRA level, but rather to allow Code to follow up when the sidewalks required cleaning. Mr. Bressner supported Ms. Brooks' suggestion for the Code to be amended to include proscribed standards which could be enforced and circulated to the business community and Chamber of Commerce. This would obviate the necessity of having to deal with situations on a case-by-case basis without standards. If outdoor dining was going to be encouraged, he believed maintenance responsibilities should be borne by the businesses benefiting from the use of the sidewalks. By having an ordinance in place, standards would be established to ensure the businesses upheld their responsibilities. Motion Vice Chair Rodriguez moved that the board send this back to the City of Boynton Beach to look at their Code, as it addressed issues of sidewalk cleanup and maintenance. Mr. Hay seconded the motion that passed unanimously. x. New Business: A. Consideration of Amending the Direct Incentive Funding Agreement (DIFA) with Cornerstone to Allow for 140% of AMI Qualified Buyers Ms. Brooks advised the item was brought before the board at the request of the Cornerstone Group, d/b/a Boynton Village, LLC, developer of the Preserve. They currently have a Direct Incentive Funding Agreement in place with the CRA. The direct incentive was to create, in exchange for TIF (Tax Increment Financing) funds, 50 affordable units in the 180 unit development. They applied for the Community Workforce Housing Innovation Program (CWHIP) funds for affordable housing through the Florida Housing Finance Corporation. Cornerstone was awarded funds from CWHIP in the amount of $5M. However, the CWHIP program allowed up to 140% of median household incomes and the DIFA allowed up to 120%. In order to meet the requirement of the DIFA, Cornerstone requested an amendment to the DIFA to allow incomes up to 140% of the median household. Ms. Brooks noted projects of this nature always required multi-layer financing. 19 ~qY~Te~c R/~ East Side-West S',de-Seas'lde Rena'lssance eRA BOARD MEETING OF: January 8, 2008 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Options for the Pressure Cleaning of the Sidewalks along Ocean Avenue. SUMMARY: At the CRA Board meeting held December 11, 2007, staff presented a Work Order proposal from Burkhardt Construction, Inc. for the pressure cleaning of 45,000sqft of sidewalks along Ocean Avenue. The Board voted to Table the item and requested staff investigate further options, Scott Blaise, Code Enforcement Supervisor, informed CRA staff that the City does not have in place a requirement for the scheduled or periodic cleaning of the sidewalk enforceable to "sidewalk cafes". However, under City Code Chapter 10, Section 10-2, the city requires a property owner to maintain the public right-of-way to the center line of the street abutting their property. This includes but is not limited to sidewalks and swale areas abutting one's property. Under the code, a Code Enforcement Officer would address the "unsightly" sidewalk only when it was determined that the condition of the sidewalk posed a health and safety concern due to its condition. The issue of the sidewalk being "aesthetically pleasing" or "dirty" is not specified in the code. Glenda Hall, Forestry, Grounds and Streets Supervisor, was contacted by staff regarding possible continuing or open vendor contracts within the City for pressure cleaning services. Ms, Hall said that the City has an open Purchase Order for paver brick sidewalk repairs and pressure cleaning through the City of Boca Raton that can be "piggy backed" on by the City for these services. Attached is a memo to the CRA Executive Director outlining the City of Delray Beach's policies as it relates to their sidewalk cafe program and maintenance, FISCAL IMPACT: None RECOMMENDATIONS: Direct Staff ~~~ Michael Simon Development Manager T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 01 08 CRA Board Meeting January\siedwalk pressure cleaning options. doc Boynton Beach Community Redevelopment Agency MEMO Date: December 30, 2007 To: Lisa Bright, CRA Executive Director From: Michael Simon, CRA Development Manager Re: Ocean Avenue Sidewalk Pressure Cleaning As directed by our Board at the meeting held December 11, 2007, I contacted Richard Bauer, Code Enforcement Administrator for the City of Delray Beach, regarding sidewalk maintenance along Atlantic Avenue, Mr. Bauer stated that the individual restaurant/sidewalk cafe owner was solely responsible for the cleaning of the sidewalk area from the edge of the building storefront all the way out to the curb edge, Enforcement of this policy is conducted by the Code Enforcement Division of the Community Improvement Department by an officer assigned to that Atlantic A venue area. The officer is also responsible for enforcing the proper seat/table counts and approved distances from the curb. Mr. Bauer went on to say that the City of Delray also has a sanitation officer assigned to deal with issues of proper waste disposal and enforcement. In addition, the City of Delray operates a "Clean & Safe" program within the Atlantic Avenue corridor. With regard to areas of the sidewalk not utilized by a restaurant/sidewalk cafe, the City of Delray maintains the cleanliness levels through periodic pressure cleaning by an outside vendor. If you have any questions or concerns, please let me know and I will address them accordingly, Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Vice Chair Rodriguez questioned the excessive costs for a washer and dryer, $2,300, in the Jerry and Sullivan residences. Other board concerns related to the replacement of a door from the garage to the exterior in the Jerry residence, $2,388. Jeff Wade, Project Manager for Hedrick Brothers Construction, was accompanied by his assistant, Ashley Griffith. Mr. Wade set forth expenses associated with the washers and dryers and suggested changing the specifications in order to reduce costs. Lisa Bright, Executive Director, pointed out the program was a prototype for the CRA that was a directive under the former CRA board. One of their challenges was to partner with the City to rehabilitate the homes which the previous board believed would be less costly than building a new home. She suggested the current board might wish to direct staff to change their program to include only roofs or other specifics, and to let the City handle the complete home rehabilitations. At the request of the board, Mr. Wade explained the difference in costs for the door replacements in the Darrisaw residence, $762, and the Jerry residence, $2,388. A specification book was issued by REG Architects that set forth the type of doors to be installed at these homes. He noted costs for impact-rated doors would be more costly. The existing roofs would be matched. The board did not believe sufficient information was provided in the backup material. Ms. Bright noted the homeowners could sell the homes almost immediately after the improvements had been made, The board was not in favor of this practice and believed it should be changed. Motion Vice Chair Rodriguez moved to table this item for further consideration. Mr. Weiland seconded the motion that passed unanimously, L. Approval of Burkhardt Work Order No.3 for Pressure Cleaning of Ocean Avenue Chair Taylor noted a word was omitted after the word "completed" from the last sentence in the summary section of the staff report. The sentence would then read as follows: "The scope of work will include the initial pressure cleaning treatment with a second maintenance cleaning to be completed six months later." Board discussion ensued, and it was agreed the sidewalks along Ocean Avenue were in need of pressure cleaning. Also discussed was the fiscal responsibility of merchants along Ocean Avenue, especially proprietors of outdoor cafes such as Hurricane Alley. 6 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL December 11, 2007 Several options were addressed to fund the costs including the use of seat tax funds through the City for venues having outdoor cafe permits, determining whether the City had the capability of providing this service, piggybacking on a Boca Raton contract, and consulting with the City of Delray Beach to determine the manner in which they handled issues of this nature. It was suggested this item be tabled in order to investigate the possible alternatives. Motion Mr. Weiland moved to table until the next board meeting. Mr. Hay seconded the motion that passed unanimously. VII. Public Comments: Gertrude Sullivan, 201 NE 6th Avenue, inquired whether trees or other foliage would be planted along Seacrest Boulevard and the vacant space on Martin Luther King, Jr. (MLK) Boulevard. The board advised drawings had been completed pertaining to the landscape design of Sea crest Boulevard. Phase 1 of MLK would be developed following finalization of the development agreement with the Auburn Group. The board pointed out trees had been planted on MLK on numerous occasions over the past ten years, and the City had expended an additional $30,000 to clear debris in the area. Dr. Martha Meekslight, requested the vacant area near 10th Avenue and Seacrest be cleaned up and trash cans installed. She also expressed concerns with the bathrooms at Sara Sims Park and lack of pavilions for seating. Peggy Miller, 9945 Lake Worth Road, Lake Worth, of SunTrust Mortgage, thanked the board on behalf of client, Latoya McCormick, for approving her application for funding. Ms. Miller also commended Ms. Brooks and Mr. Simon for their dedication and good work. Kim and Chris Wiley, 146 SW 8th Ave., thanked the board for approving their application for funding from the Homebuyers Assistance Program. Mr. Wiley is a Boynton Beach Firefighter. They also thanked the CRA board for making homeownership possible. Lauren Godden 401 N. Dixie Highway (work address) thanked the board for the support provided by the Homebuyers Assistance Program. No one else having come forward, Chair Taylor closed the public comments. 7 Section 17. m!!IIm cafe. A. DEFINITIONS. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. Permittee shall mean the lawful holder of a _ cafe permit obtained pursuant to the terms and provisions of this article, Right-aI-way shall mean land in which the state, the Florida Department of Transportation, Palm Beach County or the City of Boynton Beach owns or has an agreement devoted to or required for use as a transportation facility or street. _ shall mean that portion of the right-of-way which is located between the curbline or the lateral line of a street and adjacent property line and which is intended for use by pedestrians, _ cafe shall mean the placin~, or permitting of the placing and locating of chairs and tables within the'" area adjacent to a business licensed to operate as a restaurant or a nightclub as defined in the Code. Street means that portion of a right-of-way improved, designed or ordinarily used for vehicular traffic or parking. B. PERMIT ~RED. It shall be unlawful for any person to operate a_ cafe abutting any _ or publ~f-way within the city without obtaining a permit as required by this article. _ cafes shall be located only wher~ible as prescribed herein. No person shall establish a ~e abutting any ... unless such person has obtained a valid permit fo~ cafe pursuant to this article. _T' (30) days from the effective date of this article, any person or entity operating a cafe without a permit or any property owner allowing the operation of a cafe without a permit upon his/her/its property shall be subject to penalties as provided in this article. C. GEOGRAPHIC LIMITATION. _ cafes shall be limited to the boundaries of Community Redevelopment Area zoning districts which allow restaurants or nightclubs, subject to any limitations or restrictions ofthe particular zoning district. D, PERMIT FEE. 1. The annual permit fee for establishing or maintaining a _ cafe shall be $3.75 per seat with a minimum charge of$93,OO, 2, The permit fee shall be paid on or before October 1 st and shall cover the time period from October 1st through September 30th of the following calendar year, provided, however, that for the 2001-2002 year; the fee shall be due and payable on or prior to operation and prorated for the year. No permit shall be issued for an~nal portion of the year; provided, however, that any person or entity operating a _ cafe for a period beginning after April 1 st, may obtain a permit for the remaining portion of the fiscal year upon payment of one-half of the permit fee required by this article. No refund of fees shall be allowed. 3, The permit fees collected pursuant to this section from'" cafes located in the City of Boynton Beach shall be placed in the general revenue fund. E. PERMIT APPLICATION. 1. Application for a permit to operate a 111111111 cafe shall be made at the .. Department of Development Office of Business Tax Receipts. Such application shall include: a. Name, address and telephone number of the applicant. b. Name and address of restaurant/night club. c. A copy of a valid City of ~ Beach business tax receipt to operate a restaurant or a nightclub adjacent to the _ which is the subject of the application. d. In the case of a new or newly renovated facility, a ~ valid certificate of completion for the building frontage adjacent to the _ which is the subject of the application. article. e. Evidence of insurance containing terms required under section G. of this f. A drawing to scale showing the layout and dimensions of the existing ... area and adjacent private property, proposed location, size and number of tables, chairs, steps, trees, ~ meters, bus shelters, _ benches, trash receptacles, and any other m!lII!'IIB obstruction either existing or proposed within the pedestrian area. g. Photographs, drawings or manufacturer's brochures fully describing the ~ce of all proposed tables, chairs, umbrellas or other objects related to the _cafe. h. Written approval by the building owner as to the proposed use of the _ and building frontage for a _ cafe. 1. A nonrefundable application fee of forty dollars ($40.00). 2. Applications shall be reviewed for compliance with city ordinances and must be approved by the CRA Board. Final approval shall be from the City Commission, F, REQUIREMENTS OF A SID; \, \, I' CAFE PERMIT. 1, __ cafes shall be restricted to the private _ frontage of the licensed restaurant or nightclub to which the permit is issued or within the private _ frontage of the building where the validly licensed restaurant or nightclub are located, 2. Tables or chairs shall be located a minimum of five (5) feet from a pedestrian crosswalk or handicap ramp, bus stop shelter, bus stop sign, taxi stand, stop sign or fire- hydrant. 3. A clear pathway, parallel with the street, with a minimum width of four (4) feet, shall be maintained for through pedestrian traffic. This requirement must be consistent with the Landscape Code. 4. In areas of congested pedestrian activity, the City Commission is authorized to require a wider pedestrian path, as circumstances dictate. 5. Temporary objects, including landscaping, shall be permitted around the perimeter of an area occupied by tables and chairs in accordance with all other requirements of this section. 6. Tables, chairs, umbrellas, canopies, awnings, and any other objects utilized as part of the _ cafe shall be of quality design, materials, size, elevation and workmanship both to ensure the safety and convenience of users, and to enhance the visual quality of the urban environment. Design, materials and colors shall be approved by the CRA Board and City Commission prior to the issuance of the _ cafe permit. 7. Awnings, umbrellas and other decorative material shall be fire-retardant, pressure treated or manufactured, or fire resistant material. Signs on awnings, umbrellas, chairs, tables and any other fixtures which are placed on the public right-of-way shall be limited to the name of the principal use. Lettering may not exceed four (4) inches in height. 8. All tables, chairs, umbrellas, canopies, awnings, and any other objects as part ofthe _ cafe shall meet the following minimum design standards: a. Contribute to the aesthetic appearance of the area where the _ cafe is proposed by promoting the design and color theme applicable to that area; b. Contribute to the efforts of community identity and redevelopment; c. Not constitute or create traffic or pedestrian hazards; and d, Respect Community standards relative to decency and obscenity. 9. Prior to forwarding the application to the CRA Board, the eRA Director or designee shall certify that there are no outstanding fines, moneys, fees, taxes or other charges owed to the City by the curre~ owners or operators of the property requesting a _ cafe permit. A lIlUIIIIIB cafe permit will not be issued until all outstanding debts to the city are paid in full. 10. One (1) menu board only shall be permitted and limited to a maximum of four (4) square feet. The menu board location shall be shown on the permit. The menu board shall not be a sandwich sign. 11. Any food service establishment that qualifies under the conditions of this article may redesign the face of their establishment to allow for doors or panels that permit the establishment to have totally open sides allowing for an indoor/outdoor "cafe" design. These changes in the building can only be made after a proper building permit is issued, said changes otherwise comply with this Code, and all appropriate fees paid. G. LIABILITY AND INSURANCE. 1, The permittee agrees to indemnify, defend, save and hold harmless the city, its officers and employees from any and all claims, liability, lawsuits, damages and causes of action which may arise out ofthis permit, or the permittee's activity on the premises by executing a written hold harmless agreement. 2, The permittee agrees to meet and maintain for the entire permit period, at his/her own expense, the following requirements: a. Commercial general liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence for bodily injury and property damage. The city must be named as an additional insured on this policy, and an endorsement must be issued as part of the policy reflecting this requirement. b. Worker's compensation and employer's liability as required by the state. c. All policies must be issued by companies authorized to do business in the state and rated B+: VI or better per Best's Key Rating Guide, latest edition. d. The city must receive thirty (30) days written notice prior to any cancellation, nonrenewal or material change in the coverage provided. e. The permittee must include in the application an original certificate of insurance as evidence that the above requirements have been met. Failure to maintain these requirements shall justify a suspension or revocation of a _ cafe permit by the city manager. 3, The permit period shall run and insurance requirements as described in subsection b. above shall be effective from October 1 st until September 30th of the following calendar year. H. SlDI \\ \1 K CAFE PERMITS, 1, Each permit shall be effective for one (1) year from October 1 st until September 30th, subject to annual renewal. 2. The permit may be temporarily suspended by the City, when necessary to clear _ areas for a "community or special event" authorized by a permit issued by the Leisure Services department. 3. The City may require the temporary removal of_ cafes when street, _, or utility repairs necessitate such action. 4. The City and/or an authorized police officer of the City may cause the immediate removal or relocation of all or parts of the _ cafe in emergency situations. 5. The City and its officers and employees shall not be responsible for _ cafe components relocated during emergencies, 6. The permit shall be specifically limited to the area shown on the "exhibit" attached to and made a part of the permit. The City shall have the right to remove without notice, any tables, chairs or other objects not in the permit area. 7. The ~e shall act to assure that its use of the _ in no way interferes with ~ users or limits their free unobstructed passage, The City may require relocation of tables, chairs and other objects at any time for safety or pedestrian flow consideration. 8. The _ cafe shall be open for use by the general public, although such use may be restricted by the permittee to the patrons of the permittee. 9, Permittees holding a business tax receipt or certificate of use limited to take- out food shall not be permitted to provide table service on the _. This provision shall not include an ice cream shop or coffee bar which is duly licensed for eat-in service. 10. Tables, chairs, umbrellas, and any other objects permitted as part of a _ cafe shall be maintained with a clean and attractive appearance and shall be in good repair at all times. 11. The _ area covered by the permit and _ and roadway immediately adjacent to it shall be maintained in a neat and orderly appearance at all times, and the area shall be cleared of all debris as needed during the day, and again at the close of each business day. 12. No signs other than those permitted herein shall be permitted in the public right-of-way. 13. No tables, chairs or any other parts of_ cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixture, curb or IIIBII within or near the permitted area. No additional outdoor seating authorized herein shall be used for calculating seating requirements.pertaining to location of, applications for, or issuance of ~ense for any establishment use area and/or seating capacity realized through the III!lI\IIIB cafe use and contiguous outdoor dining shall not invoke provisions of the zoning code as they pertain to parking or other matters, with the exception of capital facilities fees which will be assessed per seating. 14. The area between the exterior walls of a restaurant or a nightclub and the edge of_ shall be designated as public space. The placement of tables and chairs in this public space shall not constitute a building improvement which otherwise triggers structural improvements to the operating business under the provisions of the Southern Building Code or any state statute. In the event an operator of a restaurant or a night club creates a IIIIIIII cafe pursuant to the terms of this section and such creation entails actual structural improvements to any portion of the structure other than the permanently obstructed ingress or egress to the restaurant or nightclub then, in that event, all applicable provisions of the Southern Building Code or state statutes necessitating improvements to the property shall apply. 15. No food preparation fire, or fire apparatus, shall be allowed on the public lIIIIIII, other than that employed in the course of ordinary tableside service, including but not limited to menu items which require table preparation, whether or not such area is covered by this permit. 16. Upon the issuance ofa "Hurricane Warning" or "Hurricane Watch" by the authorities, the permittee shall forthwith rem~lace indoors all tables, chairs, awnings and other equipment located on the 1Il!1IIIIIB. I. APPROV AL, DENIAL, REVOCA nON OR SUSPENSION OF PERMIT; REMOVAL AND STORAGE FEES; EMERGENCIES. 1. _ cafe applications shall be reviewed with standards enumerated in this article, 2. The approval of a __ cafe permit is conditional at all times. A_ cafe permit can be denied, revoked or suspended if: a. Any necessary business or health permit has been suspended, revoked or cancelled. b. Any current violation of the City Code, County Code or State Law on the premises has been found. c. The permittee exceeds the approved square footage by placing any additional tables, chairs, etc., beyond the approved area. d, Changing conditions of pedestrian or vehicular traffic causes congestion necessitating removal of the _ cafe. Such decisions shall be based upon findings of the City CRA director that the minimum four-foot pedestrian path is insufficient under existing circumstances and represents a danger to the health, safety or general welfare of pedestrians or vehicular traffic. e. The permittee has failed to correct any violations of this article or conditions of the permit within twenty-four (24) hours of receipt of the City notice of same delivered in writing to the permittee. f. In the e~ermittee fails to remove any tables, chairs, and other objects related to the'" cafe within twenty-four (24) hours of receipt of the City notice of the denial, revocation or suspensions, the City may remove said objects. The permittee shall be responsible for the expenses incurred by the City for the removal and storage of said objects. 2. Upon approval or denial of the permit, the City shall give written notice of such action to the permittee. 3. Approval or denial of the permit by the CRA shall be placed on the next City Commission consent agenda for review. 4, Revocation or suspension shall be placed on the next CRA agenda and its decision placed on the next City Commission consent agenda for review. 5. If the CRA director believes that a permittee has engaged or is engaged in conduct warranting the suspension or revocation of the permit, he shall serve the permittee by certified mail or hand delivery, at the business address as disclosed in the application for the permit, a written notice of ordinance violation which affords reasonable notice of facts or conduct which warrant the intended action, and a reasonable time for the permittee to cure the violation. The complaint shall state what is required to be done to eliminate the violation, if any. The permittee shall be given adequate opportunity to request a review as provided herein, unless the city manager finds that an emergency condition exists involving serious danger to the public health, safety and welfare, in which case advance notice and hearing shall not be required, In the case of an emergency suspension or revocation, the licensee shall immediately be advised of the city manager's action. In the event the permittee does not cure the violation within the reasonable time designated by the city manager, the case shall be placed on the CRA Board agenda. Final decision of the CRA Board shall be placed on the next City Commission agenda for review. In emergency suspension or revocation, a review as provided herein shall follow as soon as practicable. 6, Appellate provisions: Any aggrieved party may appeal a final decision of the City Commission under this chapter by writ of certiorari as provided in the Land Development Regulations Chapter 1, Article 7, Section 4. J. PENALTIES. The following civil fmes shall be imposed for violators ofthi~ . article: First citation $100.00 Second citation (within a I-year period) 250.00 Third citation (within a I-year period) 500.00 K. RECOVERY OF UNPAID FINES; UNPAID FINES TO CONSTITUTE LIEN; FORECLOSURE, 1. The Code Compliance Board shall have the power and jurisdiction to hold hearing for recovery of unpaid fees under this chapter as mandated under Article 5 of Chapter 2 of this Code. The Board at its option may impose liens as provided in Article 5 of Chapter 2. 2. The City of Boynton Beach may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. L. APPLICATION. In the event of any conflict between the provisions of this chapter and any other sections of the Code, the provisions of this chapter shall prevail. (Ord. No. 01-16, ~ 4, 3-20-01; Ord. No. 06-096, ~ 2, 1-2-07) ~.."'~ .,. "~'C...".'...' '-)." ,/( V\,. \ :: <.' ,-~- <'- ' ..) ,- XI. - NEW BUSINESS ITEM D. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office ~ April 15, 2008 March 31, 2008 (Noon) 0 June 17,2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 ONoon) 0 July 1, 2008 June 16,2008 (Noon) 0 May 20. 2008 May 5, 2008 (Noon) 0 July 15,2008 June 30. 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August 5, 2008 July 14,2008 (Noon) 0 AnnouncementslPresentations 0 City Manager's Report NATURE OF ~ Administrative 2 New Business C) AGENDA ITEM 0 Consent Agenda 0 Legal '.c '-1 ~:::j-< 0 0 3: -:~.!-, Code Compliance & Legal Settlements Unfinished Business :!.>-- :;;'0 )~ 0 Public Hearing 0 W CJ '. i::J RECOMMENDATION: Direct City staff to coordinate with CRA Staff in the mapping necessary to establish a I~l__, description to define an area known as a "Brownfield." ...... EXPL.ANATI?N: At the CRA Boar~ m,eetin~ ofMa:ch 25, 2008, CRA Board members revi~wed.docu~ents rel~g t~~~~ potentIal estabhshment of the CRA Dlstnct bemg deSignated a Brownfield. A Brownfield deSignatIOn wIll allow property Tl~? owners, developers and investors to utilize this tool to remediate properties with or without contamination. The Brownfielo will allow economic development incentives to flow through properties and support the City's desire to build a vibrant downtown. The CRA Board heard Mr. Greg Vaday who serves as the region's expert "go to" person with regard to Brownfields, Mr, Vaday provides this service for Treasure Coast Regional Planning Council and the Palm Beach County Overall Economic Planning Committee, PROGRAM IMPACT: To be determined. FISCAL IMPACT: To be determined. AL TERNA TIVES: Not direct City staff to work with CRA staff on the Brownfield Designation project. i?Yc>~ D~e (~k City Manager's Signature Assistant to City Manager ~ City Attorney I Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC ,_7"~_sL__~ 'i~1f-~.j; " .~J~ '= T REX~ ~~', ~~tEl '~-'--~~~~::'1~ 'l~~) j ~s:- i~] ~ ~~~Jt;:" .---~,.~ MEMORANDUM To: Local Governments Community Redevelopment Agencies Community Development Corporations Economic Development Organizations From: Gregory Vaday, AICP Economic Development Coordinator Subject: Brownfields Resources for Rural Communities and Small Towns Workshop Wednesday, April 23,2008 Date: March 25, 2008 The Treasure Coast and South Florida Regional Planning Councils and the National Association of Development Organizations in cooperation with the U.S, Environmental Protection Agency, the Florida Brownfields Association, the Florida Department of Environmental Protection, the U.S. Economic Development Administration and TBE Group, Inc. are pleased to host a workshop on Brownfields Resources for Rural Communities and Small Towns on Wednesday, April 23, 2008. The workshop will highlight state of the art approaches and practices in brownfields redevelopment, case studies and green building opportunities. Invited workshop speakers represent the public sector, development and finance communities. Please see attached flyer, registration and agenda for further details, Attachment 301 East Ocean Boulevard - Suite 300 - Stuart, Florida 34994 "Bringing Communities Together" Est, 1976 Phone (561) 221-4060 _ SC 269-4060 - Fax (561) 221-4067 - E-mail - admin@tcrpc.org NAffiO.f.~}. T"~ ~ 'j~ NRTIONAL flSSOCIfITIOIl OF :~ DElJELllPMEtIT ORGRNlZATIOIISO" .';i,'J .ii{~~: Bro\\'nfields Resources for Rural Communities and Small Towns Workshop: (Community Development through Brownfields Revitalization) Register: Wednesday, April 23, 2008 8:00 a.m. - 5 :00 p.m. Seminole Inn 15885 SW Warfield Boulevard Indiantown, FL 34956 Tel: 772-597-3777 Web: www.seminoleinn.com Contact: Trayce Jones Treasure Coast Regional Planning Council Tel: (772) 221-4060 Fax: (772) 221-4067 Email: !,jones@tcrpc.org When: Where: Topics to be Discussed: - Brownfields 101 - An introduction to Brownfields - How to fund your Brownfields project - Making Brownfields projects run more smoothly - organization, techniques and tools - Brownfields case studies Who Should Attend? Community and economic developers, regional planners, 10caVcounty government employees, environmental consultants, non-profit organizations, and private firms involved in downtown revitalization projects or cleanup of contaminated properties. m GROUP NN!2~ DEVELOPMENTOR6A~ZRTroNS Brownfields Resources for Rural Communities and Small Towns (Community Development through Brownfields Revitalization) Seminole Inn - Indiantown, Florida Wednesday, April 23, 2008 ReQistration Form Name: Title: Organization: Address: Phone: Fax: Email: Registration Fee: $35 workshop and meal $20 student rate Please check: Attending Lunch YES NO Vegetarian Meal (Lunch) YES NO Send Check Payment to: Treasure Coast Regional Planning Council, 301 East Ocean Boulevard, Suite 300 Stuart, FL 34994 or fax/em ail form to (772) 221-4067 tiones@tcrpc.orQ and pay at the door, Check or Cash only please. Overnight Accommodations: Seminole tnn, Indiantown, Florida - (772) 597-3777 or web-site reservations: http://www.seminoleinn.com or Holiday Inn Express, 7900 Southwest Lost River Road, Stuart, FL 34997 - (772) 287-2522. (*Holiday Inn Express is approximately 16 miles from the workshop location,) Recommended Attire: Business Casual For more information contact: Greg Vaday or Trayce Jones, Treasure Coast Regional Planning Council - (772) 221-4060 or via email: gvaday@tcrpc,orQ or tiones@tcrpc.orq m GROUP N~~ DEUELOPMENT OR6fItZfITllIiS" Brownfields Resources for Rural Communities and Small Towns (Community Development through Brownfields Revitalization) Seminole Inn -:-Indiantown, Florida Wednesday, April 23, 2008 8:00 a.m. - 5:00 p.m. PRELIMINARY AGENDA (Morning Session) 8:00 - 8:45 am Continental Breakfast and Registration 8:45 - 9:00 am Welcome and Acknowledgements . Greg Vaday, Treasure Coast Regional Planning Council . Terry Manning, South Florida Regional Planning Council . Mike Bellamente, National Association of Development Organizations Research Foundation, Washington, DC 9:00 - 9:30 am Brownfields Introduction and Overview . Roger Register, Florida Brownfields Association 9:30 - 10:30 am Rorida Brownfields Redevelopment Process and Incentives . George Houston, Florida Department of Environmental Protection Central District . Tim Hernandez, New Urban Communities (Invited) . George Roberts, City of Ocala 10:30 - 10:45 am Break 10:45 am - 12:00 pm Federal Resources for Brownfields Redevelopment . Matt Robbins, U,S. Environmental Protection Agency, Region 4 . Lola Smith, U.S. Economic Development Administration . David Kaminski, U.S. Department of Housing and Urban Development 12:00 - 1 :00 pm Networking Lunch , , ' \ -. , \ r:E GROUP Brownfields Resources for Rural Communities and Small Towns Seminole Inn - Indiantown, Florida Wednesday, April 23, 2008 PRELIMINARY AGENDA (Afternoon Session) 1 :00 - 1 :45 pm New Trends in Brownfields Redevelopment - (Green Buildings & Infrastructure) . Eric Johnson, Member, Treasure Coast Builders Association . Member, Builders Association of South Florida 1 :45 - 2:00 pm 2:00 - 3:00 pm Break State Resources for Rural and Small Town Brownfields Redevelopment . Mary Helen Blakeslee, Governor's Office of Tourism, Trade and Economic Development . Joseph Bell, Enterprise Florida . Rick Marino, U.S. Department of Agriculture, Rural Development 3:00 - 4:00 pm Florida Brownfields Success Stories - Pulling it all Together . Greg Vaday, Treasure Coast Brownfields Success . Terry Manning, South Florida Brownfields Success . Miles Ballogg, TBE Group . Maggie Smith, Palm Beach County, Office of Economic Development 4:00 - 5:00 pm Networking/Project Forum "\\ ... ,\. I, - \ II --rv--~- 1'[ ~lt"O...*,Il" '" ';\ ~ ':V/" !~ " .. ca t CD _It) ::I ~ C 0 ~ c m elf) - Q) :!! ... (; I! &I. c 't ~ 1_ ca C = ~ ~ CI)~~ en I!! It)" CO c CO- It) lIfII t- t- t- elf) I t- m It) .--.. N t- t- "-" E o u . c C l- ei) - o C I- E eI) en I "''; '.,~-1 c ./ ,f i>... , ,. ....%s ,/':i'/ """"~':'~$;' <. i ~' .. '.- -'- /' i/".. . ! ,/' i ../' ," /It" ;;~/ /..,.-/ ,,~/ /~./ .'"~. ;/.. /' /" / l r'/~' "",ta.,. /;.,.,./ .,~""f .4'.11,:,.,,/ /~// / .' ... ). i ..- J' f" /' .... ...@./"// \ ' ..... ,-' '~ I \ i/ " , /tS>/ .F~' ? /~.../ \. l';f. -,./- '\ /~~/ \/<"'-~'} ,/ / ..... ./"' -", -~"- .,/ /(~' ;il" ~ ." . f,l~/' ,~~.i ,l'(i ~,/.~~;:.r- ~"J::~/ ,"-'r!<" ,,{.? i.;i'~' }":/. ~/ ./ /'f8:;/ ' /. /;;../ /~~f /~ ':,/ /0/ ,/' :,l / \".// Page 1 of2 Bright, Lisa From: Bright, Lisa Sent: Wednesday, March 12, 2008 3:24 PM To: 'jreguez@aol.com'; Taylor, Jerry; Weiland, Ronald; Ross, Marlene; Hay, Woodrow Cc: jcherof@cityatty.com; 'DJ Doody'; Brooks, Vivian; Bressner, Kurt; Greene, Quintus Subject: RE: Brownfield, Designation Attachments: RE INCA 2 20 08.doc Good Afternoon Board Members, The calls that Vice Mayor Rodriguez has received could possibly be a result of Monday night's INCA meeting where CRA staff gave a PowerPoint presentation and provided materials on the potential "Brownfield Designation" by the City Commission. Of the more than 25 persons in attendance, the majority enjoyed the small informal setting to learn about the economic possibilities of a Brownfield designation. However, there were three INCA homeowners with the following concerns: 1.) Eminent Domain (ED)- a homeowner stated they conducted research on the internet and learned other states permit the use of eminent domain within Brownfield. CRA staff responded that the citizens of the State of Florida passed a constitutional amendment prohibiting the use of eminent domain for economic development purposes which strictly limited eminent domain to public purposes such as, parks, roadways, infrastructure, schools etc. Therefore, there is no legal standing that would permit the City to go into a well established community such as INCA and eminent domain property on behalf of a developer. 2.) Eminent Domain - a homeowner was concerned that the City previously utilized this tool to take properties. Staff reported that in the past three-year's of our tenure with the City, all ED actions were stopped and no properties taken through eminent domain process. 3.) CRA designation - a homeowner was concerned about how the CRA designation as well as the Brownfield designatinn affected and/or was reflected on their chain of title to their property. Staff informed the group NEITHER designation i reflected on a property owner's chain of title, The designations are strictly for a metes and bounds legal description tv provide economic development incentives within the defined area. 4.) Exempting Residences from the Brownfield - a homeowner stated repeatedly it was their understanding from a commissioner that the upcoming March 25th CRA agenda would include a motion to exclude all residential properties. Staff reported a request was made to have the Brownfield designation agenda item again placed on the CRA agenda. eRA staff reported a commissioner would have to make the motion during the public meeting and CRA staff was not in any position to advise or comment on how a board member might motion or vote regarding this matter. 5.) CRA public discussions about the Brownfield designation- a homeowner stated the CRA had failed to hold public discussions about the possible exclusion of residential properties from the designation. CRA staff informed the group that there were more than six public meetings held during the Downtown Master Planning process and the Brownfield designation recommendation was an outcome of this process, eRA staff actively and willingly addressed the public outcry from two concerned INCA residents who spoke under "Public Comments" at the City Commission meeting of February 19th, CRA staff sent the attached letter to INCA President, Belinda Murphy on March 20th offering to present Brownfield information at the upcoming March 10th INCA meeting which occurred this past Monday. 6.) Opting Out - a homeowner advised if the City Commission designated the entire CRA district a Brownfield they would initiate their right under state law to opt out of the designated area. This homeowner also stated that they had already opted out of the designation. CRA staff informed the group it was not possible to opt out of the designation since the City Commission had not passed a resolution designating the CRA a Brownfield. However, any property owner may opt out once the designation is passed by simply writing a letter to the City. CRA staff further informed the group that since many of them are downstream from heavy commercial uses along Federal Highway (gas stations, printers, auto repair facilities, etc,) and may in fact suffer contamination from off site sources, they may want the benefits afforded under the Brownfield designation. A few attendees stated they would prefer to take the risk of potential contamination and would accept the associated costs for clean-up should contamination occur on their own property at some future date. 7.) Properties Not Contaminated - a few attendees stated their property was not contaminated and they did not see the reason to have their property designated. CRA staff informed the group all properties within a Brownfield designation would be eligible for incentives REGARDLESS of whether or not their property is contaminated. The sole rationale for ....e state and federal government creating the Brownfield program was to incentivize the redevelopment of properties the: have or appear to have suffered contamination, Given the number of properties within the CRA that have had serious environmental issues (Gulfstream Mall, Gulfstream Lumber, The Promenade), the likelihood there will be more discovered is high since the majority of the CRA is comprised of a commercial corridor, Federal Highway. These were the major discussion points, Yesterday, we received three calls from INCA residents thanking us for our time and 03/24/2008 Page 2 of2 infarmation. The upcoming CRA agenda cover sheet will include the following options for the eRA Board's consideration to recommend to the C;' 'ommission: 1.) Designate the CRA a Brownfield 2,) Do NOT designate the CRA a Brownfield 3,) Designate the CRA a Brownfield and exempt all residential properties 4.) Designate the CRA a Brownfield and let each individual property owner .opt out" according to state law, Please feel free to contact Vivian or I to discuss the potential designation of the CRA as a Brownfield. Lisa Bright Executive Director Boynton Beach CRA 915 S. Federal Highway Boynton Beach, FL 33435 From: jreguez@aol.com [mailto:jreguez@aol.com] Sent: Tuesday, March 11, 2008 10:09 PM To: Bright, Lisa; Taylor, Jerry; Weiland, Ronald; Ross, Marlene; Hay, Woodrow Cc: jcherof@cityatty.com Su bject: Fwd: Brownfield. Designation I continue to get numerous calls and emails on this topic. I want to ensure that staff (with board support) will be able to prp~ent alternatives for this designation that may provide for exclusion for homeowners in the CRA district. Please see ( .1 below from 2/25. Regards, Jose Rodriguez From: jregueztIDaol.com [mailto:jregueztIDaol.com] Sent: Monday, February 25,200812:14 PM To: TaylorJ@ci.boynton-beach.f1.us; RodriguezJ@ci.boynton-beach JI.us: WeilandRtIDci.boynton-beach.fl.us; bressnerktIDci.boynton-beach.f1.us; rossm@ci.boynton-beach.f1.us; hayw@ci.boynton-beach.f1.us; BrightL@ci.boynton-beach.f1.us Cc: Jim Cherof Su bject: Brownfield. Designation Dear eRA Board, I have received numerous emails and calls on the Brownsville designation and would like to put this back on the agenda for discussion at our next meeting. In particular I would like staff to focus information and discussion on this designation's impact on residential properties and possible excluding them from the designation Regards, Jose More new features than ever. Check out the new AOL Mail! Supercharge your AIM. Get the AIM toolbar for your browser. <B/2412008 ~~Y~T8~. C lv~ East Side-West S',de-Seas'lde Rena',ssa.nce February 20, 2008 Ms. Belinda Murphy President-INCA 760 Mariners Way Boynton Beach, FL 33435 Re: INCA Dear Ms. Murphy: At the City Commission meeting on February 19th, members of your community expressed their concerns with regard to the possibility that the entire CRA district may be designated a Brownfield. The Brownfield discussion occurred at the CRA Board meeting on February lih with a staff recommendation of approval. For your convenience, I have attached a copy of the Brownfield backup materials for your review and distribution. As you can see from the materials, the Brownfield designation is an economic development tool providing incentives to remediate barriers preventing a site from being redeveloped, The staff recommendation was based on discussions during the Downtown Master Planning process and specifically, related to INCA's concerns over the lack of development along the Federal Highway Corridor. The Federal Highway Corridor remains an ongoing concern for INCA as evidenced in your meeting minutes of January 14,2008 (attached). More importantly, the recommendation is endorsed by EDA W, ERA Associates, Palm Beach County, the State of Florida and the Federal Government as an excellent source of external funding to not only drive redevelopment efforts, but also encourage business development opportunities. The far reaching tax cuts to local governments are forcing staff to seek other alternatives to encourage redevelopment within the eRA. Page 1 of2 Please know that CRA staff is available to personally sit down and address concerns, along with your District Commissioner Woodrow Hay, as well as Vice Mayor Jose Rodriguez who has been a driving force in improving the Federal Highway Corridor. Very truly yours, ~ c. -60'iJ-t Lisa A. Bright Executive Director /lb Attachments cc: CRA Board Members (INCA minutes only) K. Bressner, Encl. Q. Greene, Encl. J. Cherof, CRA Attorney (no encl.) D. Doody, CRA Attorney (no encl.) 915 South Federal Highway Boynton Beach, FL 33435 Office: 561.737-3256 Fax: 561-737.3258 www.boyntonbeachcra.com Page 2 of2 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 12, 2008 questioned how the rate compared in the market. A market rate analysis had been prepared and it would be provided. The owner had requested an increase that Ms. Bright refused. Motion Vice Chair Rodriguez moved to approve Item X.c. Mr. Hay seconded the motion. The motion passed unanimously. d. Consideration of Providing Additional HAP Funds for Myrtle Marshall Ms. Bright announced Ms. Octavia Sherrod, Manager of Community Improvement had authorized other funding for Myrtle Marshall. The item would not need to be considered as an opportunity for the CRA. Mr. Hay requested confirmation that every effort would be made so Ms. Marshall would not be required to make any substantial contribution. Ms. Sherrod assured Mr. Hay there was a small amount of money she would be responsible to pay; however, everything was under control. It was a win/win situation for everyone. Disputes with previous contractors were being resolved and new contractors were available. Chair Taylor stressed the issue was no longer a consideration for the CRA. e. Discussion on MBOs (Management by Objectives) (This item was added to the agenda by Wee Chair Rodriguez.) Vice Chair Rodriguez explained he wanted to bring the issue back before the board for clarification on the eight objectives. He submitted information on why it was important to be developed by the CRA and provided to the Executive Director in advance. It was in her contract that an evaluation be done. He hoped it could be completed by next month. Chair Taylor noted there was performance criteria that had been used the past year when it was established a MBO type process would be better; however, it was never established. It was too late in the year to proceed. Vice Chair Rodriguez suggested the methodology could be split for the year. Chair Taylor had experience with a MBO process and was not sure it was appropriate for the Executive Director position. He supported using the system from the previous year, but not has staff do evaluations of the Executive Director. His reasoning was working with development involved projects over long periods and from year to year. Mr. Hay concurred and indicated his experience was the MBO method did not accommodate projects extending from year to year. Mr. Hay would support any decision; however, he felt the objectives had not been established early enough for evaluating this year. Mr. Weiland offered his thought that flexibility was important in any system as well as accountability. Motion Mr. Hay moved to abolish the MBO evaluation for the Executive Director at this time. Mr. Weiland seconded the motion. The motion passed unanimously. XI. New Business: A. Consideration of Designating the CRA a Brownfield 5 Meeting Minutes Community Redevelopment Agency Boynton Beach, FL February 12, 2008 Ms. Brooks reiterated the current market is difficult, resulting in more pressure on the CRA to offer more incentives. Her research found a brownfield designation would be helpful for areas that mayor may not have pollution, but has the appearance, and makes it unattractive to the private sector for investment. Environmental assessment can be costly as well as the clean up costs if pollution is found. Currently there are three locations that have encountered pollution and cleanups. The entire CRA area could be designated a brownfield. The Federal government now allows deductions for environmental cleanup costs that assist with operating expenses. The State brownfield incentives include $2,500 job bonus per new job site, loan guarantees, tax credits for the costs and a sales tax credit on building materials. Also cleanup liability protection is a major issue for lending institutions. There is no expense to the CRA or the City. Ms. Bright reported $70M to $75M of incentive dollars are not used annually. It has been the recommendation of the economic research firm and the downtown master plan to seek out this type of .incentive and remediate this type of problem for the developers. The only negative is the perception of the residents, not the reality of the incentive. Motion Mr. Weiland moved that the City move forward with designating the CRA as a brownfield. Mr. Hay seconded the motion. The motion passed unanimously. B. Consideration of Entering into a Subordination Agreement with USC on Behalf of the BBFBCDC (Boynton Beach Faith Based CDC). Ms. Brooks pointed out there were three homes along Seacrest that the CRA had purchased to assure the homes are built to specific standards. The agreement entered into by the CDC with a non-profit lender (USe) requires the agreement for the right of reverter clause. Linda Charles, Senior Loan Officer for USC advised the loan had been approved in October, 2007 with the condition that the development agreement is subordinate to the first mortgage. The paperwork is completed and the project is in position to proceed. Motion Mr. Hay moved to authorize the Chair to execute the subordination agreement. Vice Chair Rodriguez seconded the motion. The motion passed unanimously. C. Residential Improvement Program (RIP) Analysis Ms. Bright reported the RIP had been removed from the web site, but has now been revised and again appears on the website. A mailing was also being prepared advising that only exterior changes would be available through the program. The budget had included $300,000 with $140,000 having been spent. It could be increased by $40,000 so that 10 homes would benefit from the funding. The funds would come from the contingency monies. Chair Taylor recalled the program had been extended to outside the HOB area. 6 ~qY~T2~ East Side-West S.lde-Seas.lde Renaissance eRA BOARD MEETING OF: February 12,2008 I Consent Agenda I Old Business I X I New Business Public Hearing Other SUBJECT: Consideration of Designating the CRA a Brownfield SUl\1MARY: A brownfield is an area of real property which is considered difficult to redevelop or reuse because of actual or perceived environmental contamination, In a redevelopment area, particularly one with an old commercial corridor such as Federal Highway, there is a very good chance that numerous properties may be contaminated due to old uses such as gas stations, printers and dry cleaners. For instance, the Gulfstream Lumber and Gulfstream Mall sites both have contamination from solvents, which has to be remediated prior to redevelopment. The brownfield designation does not imply that every property within a designated area is actually environmentally contaminated, just as a community redevelopment area designation does not mean that each property within it is blighted. The designation will not require property owners of potentially contaminated properties to clean up their properties. However, the designation will allow owners or buyers of such sites to access incentives to clean and redevelop the property. The brownfield designation would create another source of development incentives in addition to current CRA incentives. Examples of incentives associated with a brownfield designation areas follows: . Refund of sales tax on building materials for mixed-use projects that include affordable housing. . Job bonus credits up to $2,000 per job . Tax Credits for clean-up activities (see chart below) I-----------------------.---T------.---- i T C d't T \ Prior to July 1, Effective July 1, I ax re I ype 2006 2006 I=:::~i~~ -1;5% ~r ~o,~~r~oo~~ ~J No Further 1: 1 t:-r Action 10% $50,000 25% $500,0.00 (i.e., SRCO) IIAffor~able I N/A~7;--~1$500 -~OO---,! HOUSing i I II L:rtO , ! \ Solid Waste~=-~.J N/~_=TNj~-~--~---.-~-=-1$500~OO----. T:\AGENDAS, CONSENT AGENDAS. MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\08 02 12 CRA Board Meeting February\Brownfield.doc ~~Y~Te~ I East Side....West Side-Seas.lde Renaissance More than ever, developers are seeking public assistance with their projects given the difficulty of developing under current market conditions. The creation of additional incentives to add to the CRA's existing incentive programs will enable staff to assist developers to make their projects financially feasible. Research conducted by staff shows that a CRA, by definition, may be declared a brownfield area, per Florida Statutes 376,79)4). Attached are examples of resolutions passed by several Florida municipalities to designate their CRA's as a brownfield. FISCAL IMPACT: CRA staff recommends that the CRA reimburse the City for notification of property owners within the proposed area. RECO:M:MENDATIONS: CRA staff recommends that the Board request that the City move forward with the steps necessary to designate the CRA a brownfield. Vi Ian L. Brooks Assistant Director T:\AGENDAS, CONSENT AGENDAS, MONTHLY REPORTS\Completed Agenda Item Request Forms by Meeting\FY 2007 - 2008 Board Meetings\0802 12 CRA Board Meeting February\Brownfield.doc ".1" -II':"':. ~ CDFA Spotlight: ~~a Federal Brownfield Expensing Tax Incentive ."'''''' """~ Rehabilitation tax credits were established to discourage unnecessary demolition of older buildings and to slow capital flight from older urban areas. This cost deduction provides a business incentive to clean up sites contaminated with hazardous substances, and is intended to offset the costs of cleanup. .Cleanup" can also include expenses related to site assessment. remediation planning, costs of participating in a state Voluntary Compliance Program (VCP), or other designated response programs, in addition to costs connected to installation and maintenance of engineering or institutional controls used as part of the cleanup process at a site. While there is no guarantee, most states provide the required certification in a month or less, However, some prospective users have been deterred by recapture provisions of the incentive, discouraging those developers who will not hold onto the property for any length of time after cleanup. For a site to qualify, there must be a "release, threat of release, or disposar of a federally-defined hazardous substance, and cannot be listed on EPA's National Priorities list (NPL). Further, businesses do not need to be located in an empowerment, enterprise, or renewable community to qualify, and ~vironmental cleanup costs at eligible sites may be fully deducted in the year incurred, rather than capitalized over time. . Qualified sites must also meet these requirements: The contaminated site must be held for use in a trade, business, or for the production of income, such as inventory warehousing. A statement must be obtained from the designated state environmental agency that the site meets the federal definition for a contaminated site: "There has been a release, threat of release, or disposal of hazardous substance at or on the site." (IRC. Sec. 98) Planning & Partnering Proper planning and partnering is essential to attract investors due to several vital remediation stages which impact future use, all requiring communication with state environmental agencies, local planning boards, communities, and federal officials. Actual and perceived lack of regulatory certainty, and risk of exposure to third-party lawsuits and toxic tort actions can easily discourage potential users of the tax deduction. If a site has not been properly investigated, expensive changes may add to clean up costs or invalidate Mure use. Properly remediated sites mayor may not obtain a state "Covenant not to Sue", depending on what the state offers. Sites can obtain final sign- off from their states, which prevents federal EPA from acting on the site, except in the case of a few specifically prescribed situations. The Center for Brownfields Study (htto:/lsunvbrownfields.esf.edu/ ) provides an excellent strategic outline to avoid common pitfalls associated with Brownfield projects. . Many developers struggle to build a complete financing package - particularty in obtaining capital for three essential activities: . Early stage site assessment; . Defining a site remediation plan . Implementing the cleanup Quick Facts Financing is easier to obtain when presentation packages are highly detailed. A sophisticated package will explain ancillary tax benefits, financing vehicles, access to local markets, infrastructure capacity, transportation options, and other benefits. Partnering with local real estate sales professionals can further facilitate marketing challenges The Department of Treasury recommends promoting the cash flow advantages of tax incentives, and the financial and public relations advantages of brownfield redevelopment to lenders. They also advocate utilizing programs to expand capital access for small businesses, which might locate at a brownfield site. Attracting Brownfield Tax Incentive Users Brownfield users are usually forced to pay a higher rate of retum to investors or lenders to cover greater perceived risk. This translates into additional points, complicated loan processing, and more lengthy review procedures. Underwriting costs can escalate when independent tests, assessments, and collateral are required. All of the above extra costs can generate significant financing gaps. This is why initial public investments are needed to reduce risk to acceptable levels. The NortheastIMidwest Institute recommends public-sector initiatives should meet at least one of several goals needed to blunt the financing gap effect. The Brownfields deduction incentive may attract more investors in localities which: Reduce lenders' risk by providing loan guarantees, companion loans, environmental insurance, and other risk transferring tools. Further, technical assistance programs can identify cheaper cleanup technologies or connect lenders with performance data, making institutional controls more acceptable. Reduce borrowers' cost by subsidizing interest on project loans with tax-exempt financing, low-interest loans, or by reducing loan underwriting costs. Some communities offer loan packaging assistance through CDes and other local institutions. Create incentives through abatements, tax credits, or grace periods to improve cash flow. Provide training and technical assistance to offset project costs. These services often form the basis on which redevelopment partnerships are structured. Provide direct financing, Money for site assessment and cleanup is usually the most difficult financing to acquire, and states are more frequently allocating grants for this purpose. Public investment can stimulate private investment by placing faith in the economic viability of an area. . More states are considering ways to accept properties with a greater variety of contaminants, making it easier for private developers to work with the program framework. More than half the states have working financing incentives. Direct financing tools include loans, abatements, credits, loan guarantees, and loss reserves. These efforts will continue, most likely in partnership with new feeleral Incentives. This link leads to the 2007 EPA brownfield grant levels ($70.7 million): htto:/Iwww.eoa.oovlbrownfields/oilotarants.htm This article is intended to provide accurate and authoritative information in regard to the subject matter covered. The author and CDFA are not herein engaged in rendering legal. accounting or other professional services, nor does It intend that the material included herein be relied upon to the exclusion of outside counsel. CDFA is not responsible for the acculBcy of the Infonrration provided in this fact sheet The Infonrration provided has been collected from a variety of sources. Those seeking to conduct complex financial deals using the tools mentioned in this document are encouraged to seek the advice of a sldlled !egaVconsuHing professional. Frequently Asked Questions: Q: If my property is included in a Brownfield Area, does that mean that it is contaminated? A: No. Inclusion of your property within a Brownfield Area does not mean that it is contaminated. "Brownfield area" means a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which has been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, empowerment zones, other such designated economically deprived communities and areas, and Environmental Protection Agency- designated brownfield pilot projects. Q: Will inclusion of my property in a Brownfield Area require me to clean up my property? A: Designation of a Brownfield Area imposes no additional legal obligations on the property owners within the designated area. The obligation to clean up contaminated property under state and federal law is independent of its inclusion within a designated Brownfield Area. If you are obligated to clean it up now, you will remain obligated to clean it up after designation. If you are not otherwise obligated to clean it up now, inclusion of the property in a designated Brownfield Area will not create a new obligation to clean it up, Q: Will inclusion of my property in a Brownfield Area enable the eRA to take my property by eminent domain? A: Nothing in the Brownfield Redevelopment Act gives the CRA or the City any additional eminent domain authority. Existing eminent domain authority for the purpose of urban redevelopment is severely limited. Q: If I don't want to be included in the Brownfield Area can I elect to be excluded? A: A landowner who does not wish his property to be included in a designated Brownfield Area may request in writing that his property be excluded from the designation. The local government is obligated to exclude such properties at the owner's request. However, there is no legal advantage to requesting exclusion. Designation as a Brownfield Area does not impose any additional legal obligations on a landowner. It simply allows innocent owners and subsequent purchasers to take advantage of limitations on liability and incentive programs to clean up the contamination. Q: If I think my property may be contaminated, can I take advantage of the limitations on liability and incentives to clean it up? A: Any person who has not caused or contributed to the contamination of a brownfield site on or after July 1, 1997, is eligible to participate in the brownfield program. Likewise, subsequent purchasers who have not caused or contributed to the contamination can take advantage of the program. Properties that are currently subject to cleanup requirements imposed by a state of federal agency are generally not eligible to participate. Q: Will inclusion of my property in a Brownfield area affect my ability to sell my property? A: The Brownfield Redevelopment Act's express purpose is to enhance the marketability, cleanup and redevelopment of properties where there is contamination or the perception of contamination. In order to attract investors to such areas, the legislature has limited their liability and offered incentives for redevelopment of brownfields. Thus properties that are included in a designated Brownfield Area should have enhanced marketability as compared to similar properties without the limitation on liability and incentive programs. Q: Will my taxes increase to fund the cleanup of these properties in the Brownfield area? A: No, the Brownfield Redevelopment Act's Tax Credit Program and other incentive programs are funded through the General Appropriation by the Legislature. Local tax increases will not be experienced as a result of this designation. By designating the Brownfield area, people redeveloping properties in the area will be able to take advantage of these funds that have been already set aside from other taxing sources, Q: Does the Brownfield Area designation show up in the chain oftitle? A: No, the Brownfield Area designation will not be recorded in the chain of title for properties within the area, However, the Brownfield Area Designation is affected by City or County Ordinance which is recorded. Typically, the enacting Ordinance includes a legal description of the Brownfield Area that envelopes the properties in the area. Once designated, the Florida Department of Environmental Protection will maintain a record of the Brownfield Designated Area and the accompanying enacting ordinance. These sites can be viewed through the Department's "Brownfields Geoviewer" which is available on the World Wide Web at htto:/ /www.deo.state.fl.us/waste/categories/brownfields/default.htm . Q: If I sell my property do I have to disclose that it is within a designated brownfield area? A: For commercial properties, an all appropriate inquiry is typically performed at the time of the transaction. Such an inquiry should report whether or not the property is in a brownfield area. For residential properties, a seller has a duty to disclose factors that could materially affect the value of the property and that are not readily observable or known by the purchaser. Because the brownfield designated area will be enacted by a recorded ordinance and information will be publicly available, the duty to disclose would seem to be absent in a residential sale scenario as well. Q: Can I be made aware of what is going on with these cleanups? A: The Brownfield Redevelopment Act requires input from the public, In facti areas or sites are required to have a Brownfield Advisory Committee which can include concerned citizens, The Committee is kept informed of redevelopment progress and is allowed input at key decision points. As such, by designating the area as a Brownfield, you will have greater ability to understand and influence the cleanup of your area, Q: Where else can I go to get information on Brownfields? A: Florida has been heralded as one of the leaders in Brownfield Redevelopment with an advanced program, The Florida Department of Environmental Protection's website http://www.dep.state.fl.us/waste/categories/brownfields/default.htmis a great resource for information. Further, the Florida Brownfield Association/s website http://www.floridabrownfields.org/ also is a great resource. ,fir J \\(~ ,f7-, XI. - NEW BUSINESS ITEM E. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting. Dates in to Citv Clerk's Office fZl April IS, 2008 March 31, 2008 (Noon) 0 June 17, 2008 June 2, 2008 (Noon) 0 May 6, 2008 April 14,2008 (Noon) 0 July 1,2008 June 16,2008 (Noon) 0 May 20, 2008 May S, 2008 (Noon) 0 July IS, 2008 June 30, 2008 (Noon) 0 June 3, 2008 May 19,2008 (Noon) 0 August S, 2008 July 14,2008 (Noon) NATURE OF AGENDA ITEM o AnnouncementslPresentations o Administrative o Consent Agenda o Code Compliance & Legal Settlements o Public Hearing '~, J 0 City Manager's Report ;:=J - ;:-; --1 OJ --- -< fZl New Business - ::no 0 Legal :::0 c..,) '.--..J 0 Unfmished Business ::J '.'. 0 ;:r::.. ',J ~ --iI.. RECOMMENDATION: Approve the Downtown Master Plan -, c..n a fTl<,,_) EXPLANATION: In December 2006 the CRA approved the issuance ofa Request for Proposals to create a downtown master plan with the intent of creating a vision and priority project list to guide downtown redevelopment. Nineteen fIrms responded from across the country. Members of the public, the City's planning department and CRA staff served on the RFP selection committee, Three fIrms were short-listed and made presentations to the CRA Board members. At the April 10, 2007 CRA Board meeting, EDA W was selected to draft the downtown master plan, The CRA and EDA W entered into a contract on May 8, 2007. Two community charrettes were held; July 21 st and September 20th, 2007 to garner community input on the future of downtown Boynton Beach. Approximately 100 people attended each meeting. A steering committee was also formed to help guide the plan through the process of review and adoption. It is the intent of the CRA that the steering committee will transition into a Downtown Implementation Committee that will have input on various RFP'sIRFQ's that may be issued by the CRA and City as part of the implementation of the downtown master plan, The attached draft Downtown Vision and Master Plan has been reviewed by members of the steering committee, CRA staff and City planning staff. The CRA Board heard a presentation on the plan at the March 25th Board meeting. There were no recommendations from the Board to alter or amend the plan as presented, Also attached is a list of recommended minor edits generated by members of the steering committee and CRA staff. Objectives expressed by the citizens attending the planning charrettes included: . Incorporate historic structures into projects if possible. . Include public art in public and private development. . Continue support for events. . Promote downtown. . Create gateways into downtown. . Redevelop the marina as a destination. . Incorporate green building methods. . Create public parking. . Incorporate workforce housing, S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC trY \ (r ''"'\ y CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM . Support economic development and job creation activities, . Create community policing programs. Based on public and stakeholder input, the plan calls for the implementation of five big moves to jump start the redevelopment of downtown: 1, Transit Oriented District between Ocean and Boynton Beach Blvd, at Federal Highway. 2, Cultural and Civic Campuses at Seacrest and Ocean. 3, Ocean Avenue Cultural Walk 4, Federal Highway Linear Park and Gateway 5, Neighborhood Centers along Martin Luther King Blvd. PROGRAM IMPACT: Adoption of the Downtown Vision and Master Plan will update the Boynton Beach Community Redevelopment Plan and provide direction for funding and resource allocation to the CRA Board, FISCAL IMPACT: (Include Account Number where funds will come from) N/A ALTERNATIVES: Do not adopt the Downtown Vision and Master Plan. ~C' C~IjU/rafi Department ad's s1gnature t j? 1/ Department Name City Manager's Signature Assistant to City Manager ~ City Attorney! Finance S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC Edits to DMP As of March 27, 2008 Overall Plan . Correct pagination throughout the document. . Insert graphics for Ocean/F ederal node and Ocean/Seacrest node. Page 5 -Delete Commissioner Mack McCray and replace with Commissioner Ronald Weiland -Delete Commissioner Carl McKoy and replace with Commissioner Marlene Ross Page 8 -2. Cultural and Civic Campuses -Line 12: "these desired effects. Accompanying directional" -Line 21: delete "Police facilities: -"3. Ocean Avenue Cultural Avenue" - change to "Ocean Avenue Cultural Walk" Page 13 Remove extra space between 15t and 2nd paragraph. Page 23 -Delete text box "Attendees of " ," (It is repeated on another page,) Page 24 -Line 15: add "area" to "include an outdoor events" -Second Column, Line 17: remove extra space Page 27 Amend Table 2 using numbers from Hanna Matras at City, Page 34 Replace with updated land use map (I will send to you) Page 35 Line 26: change "west" to "east" Line 27: change "east" to "west" Page 37 Line 7: add east in front of "Boynton" Line 12: change "The" to "the" Line 16: change "an" to "a" Page 39 Urban Design Key Findings Second Bullet change "redevelopments" to "redevelopment" Page 42 Second Column, Affordable Housing first line shall read "Workforce housing shall be provided wherever,., Heading of "Economic development and Job creation" - shall read "Economic Development and Job Creation" Economic Development and Job Creation. line six: add number of new jobs. Economic Development and Job Creation, line eight: remove (ERA to supply) Page 43 First column, "Framework", first paragraph, second line: Change "X" to correct number. Second Column, fourth paragraph, third line: correct spacing, Second Column, fifth paragraph, second line: add space between "is" and "accomplished" , Page 48 Gateways First Paragraph, first line: change "signifying" to "signify" Fifth line: remove first "and" Second Paragraph, fifth line: change "projects" to "project" Page 51 Big Moves, first paragraph, second line: remove semi-colon I. TOD, first line: add "is" between "district" and "proposed" and add "a" between "for" and "portion" Page 53 Delete space between lines 4 and 5, Page 57 Transit Oriented Development (TOD) District Spacing in text under photos needs to be correctd, Page 69 Summary of Market Potential, second bullet: change "Seacrest" to "Martin Luther King, Jr. Blvd." Page 80 Federal Highway Gateways First paragraph, line nine: remove backslash. Second column, first paragraph, line four: add "space" between "open" and "within" Second column, first paragraph, line 12: add the word "a" between "provide" and "strong" . Second column, first paragraph, line 13: delete "help to enhance the benefit from existing parks." Second column, second paragraph, title: Change to "Expanded Wayfinding System". Second column, second paragraph, line 10: delete the first "be" and delete "the", Page 81 First paragraph, line four: make "crossing" plural. Page 82 Column two, paragraph two, line two: change "Legislation" to "legislative". Column two, paragraph two, line seven: add "a" between "for" and "new". Column two, paragraph three, line six: change "take" to "taken". Column two, paragraph three, line seven: Remove sentence referencing Broadway Reinvestment. Page 83 Column one, paragraph one, line three: change "Clarification" to "Further investigation". Column one, paragraph one, line four: change "Cleveland Avenue" to correct street name, DRAFT Downtown Vision & Master Plan OJ o -< Z -I o Z OJ m )> n :c n o $ $ c Z -I -< ::0 m o m < m .- o ""'0 $ m Z -I )> G) m Z n -< March 2008 J1!"R~el:RA Ii East SIde-West Slde~Seaslde RenaIssance Prepared for Boynton Beach Community Redevelopment Agency 11III EDf\W I AECOM . - ~- , ~'1I I .. 'JII,n't " IIi (I.~.. I j IJ , BOYNTON BEACH MASTER PLAN w EXECUTIVE SUMMARY 7 KEY FINDINGS GOALS AND GUIDING PRINCIPLES BIG MOVES PROJECT OVERVIEW 13 INTRODUCTION PLAN PROCESS COMMUNITY OUTREACH COMMUNITY PROFILE 27 KEY PLANNING THEMES POPULATION AND HOUSEHOLD ANALYSIS ECONOMIC ANALYSIS URBAN DESIGN ELEMENTS AND PHYSICAL ANALYSIS REGULATION AND INCENTIVES ANALYSIS SUMMARY OF NEEDS Af\ID KEY FINDINGS MASTER PLAN 41 VISION AND GOALS OBJECTIVES FRAMEWORK BIG MOVES 53 1, TOO DISTRICT 2. CULTURAL AND CIVIC CAMPUSES 3, AVENUE OF THE ARTS ON OCEAN AVENUE 4. FEDERAL HIGHWAY LINEAR PARK 5. MARTIN LUTHER KING BOULEVARD NEIGHBORHOOD CENTERS FISCAL BENEFITS & FUNDING STRATEGIES 72 SUMMARY OF BENEFITS ALTERNATIVES IMPLEMENTATION 83 QUICK WINS MATRIX ACTION MATRIX 93 r-+ OJ 0'" ro o """" n o ::J r-+ ro ::J r-+ V\ .. , I :! 1 I I j 1 ;; (':::.~'" <l _...J C'.. DC: !J,.J 'Fl <( -I" \..) <( LU OJ z o ~.- z >- o CO BOYNTON BEACH MASTER PLAN U1 Mayor OJ n " :::J o ~ (1) 0- le (1) 3 (1) :::J r-+ VI Mayor Jerry Taylor CRA Board Vice Mayor Jose Rodriguez Commissioner Mack McCray Commissioner Carl McKoy Commissioner Ron Weiland CRA Staff Lisa A. Bright, Executive Director Vivian Brooks, Assistant Director Margee Adelsperger Susan Harris Ghishlane Villanueva Mike Simon Kathy Biscuiti Ashley Buckley Alina Wiser Downtown Boynton Beach Steering Cornrnittee Matthew Barnes LuLu Da Camera Pryse Elam Frank Gulisano _ Melissa Hudson Myra Jones Wally Majors Paula Melley Bradley Miller Gene Moore Joyce Pickle Barbara Ready Gertrude Sullivan Jeff Sussman John Szerdi Jon Wainwright Michael Weiner z <( ,....1 "L C:C U.J t~;n V, <( :> :r:: u <( LLJ 00 :z o 1- z >- o co EXECUTIVE SUMMARY Key Findings The Boynton Beach CRA Downtown Master Plan provides a focused vision and action plan for the Boynton Beach Community Redevelopment Area (CRA). The Master Plan identifies goals and needs, and collects them into a strategic framework for implementing the community's aspirations. The implementation action plan is prioritized based on realistic feasibility. The planning process for this effort was transparent and highly participatory, involving stakeholders and residents from throughout the Boynton Beach community. During the process, public concerns and comments were used to develop the Statement of Needs for the Community, The guiding principles for the final Master Plan address the following issues: A need for a clear vision and plan for redevelopment of the entire area Boynton Beach does not have an identifiable center There is little historic fabric remaining Public access to the Intracoastal Waterway is limited Underutilized corridors of commercial uses create a sense of disinvestment in the community Housing is not located close to jobs, and the employees of jobs that are located in the area cannot afford to live in the area Community services are needed closer to where people live Some long-standing local businesses have closed leaving a gap in services for the surrounding neighborhoods BOYNTON BEACH MASTER PLAN Goals and Guiding Principles Create a family friendly mixed-use downtown core of concentrated activity Protect single-family neighborhoods adjacent to downtown Create a cultural center around existing cultural providers Preserve the existing historic fabric of the community Provide improved public access to the water Connect existing greenspace Address visual blight Provide a balance of housing and employment; include affordable housing near employment centers Provide community services near neighborhoods Support local business retention Phase the redevelopment to generate momentum for future developments Articulate a clear vision and provide feasible and realistic implementation steps Big Moves Big Moves are action steps to implement the Master Plan and provide momentum for future successes, The Big Moves for the Downtown Master Plan evolved from the community input sessions, interviews with elected officials, and were tested against the market for feasibility. It is recommended that these action items be given immediate priority and the sustained effort necessary to see large projects through, 1. TRANSIT ORIENTED DESIGN (TOD) DISTRICT AROUND A FUTURE TRANSIT STATION This activity node is essential to creating a downtown core and building momentum for other redevelopment. Provisions must be made today to accomplish the long-term vision of a commuter rail transit station. -......J ([) X ([) n c r-+ < ([) V\ c 3 3 OJ """'l '< This district creates transit-supportive densities within walking distance of the Marina and the future transit station. Projects within the Transit Oriented Development District add: redevelopment of the existing Bank of America and First Financial site residential development with ground floor retail additional public open space 2. CULTURAL AND CIVIC CAMPUSES 2~~ The Cultural and Civic campuses are envisioned as central gathering places for the community where City Hall, Police and other governmental services are adjacent to cultural resources. The Cultural campus includes the adaptive re- use of the core structure of the Boynton Beach High School, the library and civic center. These campuses would serve as a medical, office, and institutional uses, The creation of a highly visible and defining feature at the intersection of Federal Highway and Ocean Avenue could help to achieve these desired effects; accompanying directional signs may also be appropriate. A restaurant cluster could serve the local office community as well as visitors to the area. Greenways with a wayfinding system would serve to connect the corridor to institutional uses, tourist destinations, and nearby neighborhoods. ,~ ~J (.)~ a:: w ~~ 1..Il c;,;;-c ~ I U <( Significant projects include: creation of a Campus for a new City Hall and Police facilities rehabilitation and re-use of the main core of the Old High School development of public space for community gatherings U.J 00 z: o F- Z >- o 00 3 OCEAN AVENUE CULTURAL AVENUE The Avenue of the Arts along Ocean Avenue connects the Cultural Campus to the Transit Oriented Development District. Mixed-Use buildings line the Avenue along with historic structures readapted to galleries and supportive retail. land assembly to promote cottage-style uses enhanced pedestrian realm to include consistent street furnishing and streetscape permanent public art displays 4, NEIGHBORHOOD CENTERS I-\LOf\IC MARTIN LUTHER KING BOULEVARD The master plan envisions neighborhood serving retail at the intersection of Martin Luther King Boulevard and Seacrest Boulevard. Mid-rise live work residential development is also proposed. The corner of Martin Luther King Boulevard and Federal Highway is identified as a potential location for neighborhood retail within a mixed-use project. Concentrating these uses at a prominent intersection will help ensure their sustainability by capturing travelers along Federal Highway in addition to drawing from the adjacent neighborhood. 5, FEDERAL HIGHWAY LINEAR PARK ,,,- GATEWAY Potential green space opportunities exist between the rail corridor and Federal Highway where parcelS can be assembled to develop a string of parks connecting the Canal to the downtown TOD District and future transit sta- tion. 9 masterplan ..,.,.} ~ This page left intentionally Blank t'D >< t'D n c ~ < t'D t/) c 3 3 OJ """ '< 1 BOYNTON BEACH MASTER PLAN :z: "~l ._...1 1:L Cc:: LU I,", Ul <( ~ :c u <( LU ro Z 0 " 1-- ~ I ,~ Z ",j "j >- 0 , , co co ~ <( >- '0 B Vl <II :s 01 u: Study Area Legend c:J eRA. Boundary . Primary Focus Area- Downtown Boynton PROJECT OVERVIEW Introduction The Boynton Beach CRA Downtown Master Plan provides a focused vision and action plan for the Boynton Beach Community Redevelopment Area (CRA). The Master Plan identifies goals and needs, and collects them into a strategic framework for implementing the community's aspirations, The implementation action plan is prioritized based on realistic feasibility. The study area covers a 746-acre area that stretches along the eastern edge of the city, between 1-95 and the Intracoastal Waterway, and along Federal Highway US 1, as outlined in red in Figure 1, In particular, the plan focused on the area bounded between Martin Luther King Boulevard and just south of Ocean Avenue along SE 3rd Avenue. The planning process for this effort was highly participatory, involving stakeholders and residents from throughout the Boynton Beach community. The goal of the effort was to incorporate as much public input as possible to provide a plan that meets the community's aspirations. Plan Process The planning process included extensive public outreach and was organized into three phases: Understanding the Community, Vision and Scenario Development, and Action Plan. Public participation was a key element of each phase, with comments and input guiding the Table 1 - The Planning Process -. Cv final recommendations. Table 1 below outlines the plan process. This report represents the culmination of all three phases. "0 ""'Ii o '--. l'D n r-+ Phase 1, Understanding the Community, sets the groundwork for the Master Plan. It involved developing a meaningful baseline of information and an assessment of the current conditions of the study area by identifying key issues that are addressed in the Master Plan. Community outreach in phase 1 included stakeholder interviews, a Steering Committee meeting and a Visioning Charrette in June. The Community Profile document is the product of this phase, found in the appendices, and includes detailed data about the community. o < l'D ""'Ii < -. l'D ~ Phase 2, Vision and Scenario Development, focused on developing a draft statement of needs and goals based on community concerns, Two alternatives were created to provide a strategic framework for the Master Plan, and the community provided feedback and insight on these in the Open House in late September. The final phase, the Action Plan, includes the Master Plan and recommended implementation plan, This plan includes a feasibility and funding needs assessment as well as key project timing. The final public Open House was held in December. (onlnwnity Outreach The public was engaged through a series of public meetings and charrettes throughout the process. The effort was guided by a Steering Committee comprised of local business BOYNTON BEACH MASTER PLAN leaders, technical advisors and residents of the community. The following sections describe the public outreach milestones. Stakeholder Interviews Interviewees were asked to identity strengths and weakness of Boynton Beach, desired future outcomes, barriers to improving the downtown area, and other issues. Stakeholders were interviewed in late June. Almost everyone interviewed identified Boynton Beach's proximity to West Palm Beach, as well as its easy access to both 1-95 and the Intracoastal Waterway as an asset that should be maximized. In addition, the existing pedestrian arcades were also considered a strength of the community, ",'1' The overwhelming opinion of those interviewed was that the greatest weakness of Boynton Beach is its lack of a downtown, or core. They felt that this contributed to the lack of vibrancy and activity within the community. Too many design themes may also be contributing to the scattered impression that some stakeholders identified, c'r: I,U ill Another significant weakness is the lack of activities and destinations for young people and families, This too may be contributing to the void of nightlife activity that many stakeholders recognized. <:t ~ ~J: All interviewees envisioned a denser downtown core. They clearly articulated the desire to enhance existing single-family neighborhoods. One method to achieve both desires is through a gradual stepping-down of intensity between the established neighborhoods and the new downtown core. <( UJ t.Y,] z i-~'.-" Interviewees discussed the desire to conglomerate activities such as restaurants near the downtown core to attract pedestrian activity z > o L'fJ and an active nightlife, Most people interviewed recognized that the key to a successful retail market is the densification of the downtown core. Although the interviewees identified a clear vision for Boynton Beach, the barriers to implementation varied, Some thought that the political environment made progress difficult, and others identified the difficult permitting process. Additional barriers identified were the lack of parking, the market downturn, and the multitude of somewhat confusing regulations. Stakeholders articulated the confusion that the development community may feel due to the multiple goals and initiatives the CRA and the local governments have undertaken. Communicating a clear vision and marketing Stakeholder Desireci'o:~'~tr~es: ,-". -'-..>k" Articulate clear vision ~il!" implement it that vision to the public is a desire of many stakeholders. Interviewees appealed to the political leadership to accept the community vision and implement it :<ick-off Meeting and Visioning Sessicl" The initial kick-off meeting and visioni ng session were held in late July at the Women's Club. Approximately 90 members of the community participated in the interactive session, and Mayor Jerry Taylor welcomed everyone to the event Visioning Charrette The attendees of the kick-off meeting participated in an interactive visual character survey, in which they were shown images of different kinds of development and asked to vote for their preference. Images included alternatives for building and design elements for: residential developments, office, retail, streetscapes, parking, plantings, signs, public space and hardscape materials. Overall, participants voted in favor of pedestrian-friendly environments planted with rich native landscaping. Below is a summary of preferences; the preferred image is outlined in green, The full visual character survey can be found in the appendices, Attendees preferred mid-rise residential and commercial structures, between 2 and 3 stories, built in traditional materials and mimicking historic architecture. 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" " l'll I - o Z . ~ c 0) ::::l > E -0 -0 .- E 0) c ~ ro CIlro-,- 8ro_U::::l ,-,.ccc- ro C 0) 'Qi :; ..... Q) E '- .S2 ONo.ro::!: ......:2o......::J cu"Q)roE..c Ero5;:SO)u .!::CIl-o$:S~ IIlroQ)C.....lIl _c-oO)o -g.Q'S 5; Q) 5 Ui ~ 0)- ~ c 0)'- o.~ ro:::: E-u-6' O)EcO)clIl :S 0 .Q g- 5l ..... Q)oCi5.....Q) 0 Ci5 CIl.~ 0 5. ~ .2c1ijg>~ro ~ 0) 0)'- -0 ::: > '- E c '- LULU 0; ro1? Exhibit B American Assembly Policy Statement Action Items Not Completed 1. To promote cohesion within the City government, develop a plan for holding semi-annual goal-setting and brainstorming. 2. Establish clear goals and objectives for advisory boards. 3. Publish information about City decision-making processes. 4. Establish a central call center to notify citizens of upcoming meetings, openings on advisory boards, etc. 5. Convey information through faith-based institutions 6. Publicize, translate and broaden the distribution of the City Services Guide. 7. Suggest ways to encourage all sectors of the community to re-evaluate their level of support and commitment to the schools within the City. 8. Evaluate the quality of translation services for children who speak English as a second language 9. Suggest ways to encourage community organizations, including the Greater Boynton Beach Chamber of Commerce to increase its involvement in all grade levels in the City's schools. 10. Develop strategies to encourage involvement by parents and other stakeholders which can spur improvements in school performance and student achievement. 11. Promote the booster club for Boynton Beach High. 12. Develop strategies for: a. Creating a Youth Center to draw children from the streets and involve them in constructive activities; b. Trying to attract a Boys and Girls Club to Boynton Beach c. Seeking funding for before and after school care, camp programs and programs for the handicapped. 13. Suggest ways the public can be kept informed of infrastructure needs and improvements. 14. The Committee should develop strategies to encourage Palm Tran to consider adding an east-west connection on Boynton Beach Boulevard from State Road 7 to the beaches. It could be partially self-supporting through fees from riders. 15. Develop strategies for: a. Preserving and marketing the industrial land in Boynton Beach; b. Leveraging the value of 600 ft. of waterfront property to include revenue- generating boat slips in Intracoastal Park; c. Creating an attraction to draw consumers to the downtown. 16. Identify any perceived divisions (geographically, economically, age-wise, ethnically and racially) and develop recommendations to promote greater unity. 17. Create spaces, events, and forums for collaboration and interaction: a. Boynton Beach is a "city of varied cultures." Develop a plan for continuing to hold and expanding upon events that celebrate this diversity. b. Boynton Beach has competing centers scattered around the City. Identify and develop strategies for promoting particular areas as the city-center, the cultural center, library and recreation facilities. c. Develop ideas and identify partners for a signature event that highlights the City's character and successes. 18. Evaluate the establishment of a Community Events Commission as a citizen- based organization to guide development and timing of special events that are inclusive and representative of the multicultural heritage of Boynton Beach. Exhibit C POLICY STATEMENT THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE October 20 and 21, 2006 Hutchinson Island Marriott Beach Resort Hutchinson Island, Florida Sponsored by The City of Boynton Beach with financial assistance from The Palm Beach County Board of County Commissioners The Boynton Beach Community Redevelopment Agency Compson and Associates Coordinated by The John Scott Dailey Florida Institute of Government at Florida Atlantic University 777 Glades Road Bldg. 44, Room SO 277 Boca Raton, FL 33431 POLICY STATEMENT THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE At the close of their discussion, the participants of this assembly reviewed and adopted as a group the following statement. The statement represents general agreement. However, no one was asked to sign it. Furthermore, it should not be assumed that every participant subscribes to every recommendation. I. INTRODUCTION A. This report is from the Boynton Beach Assembly: Committing to Our Future, which was held at Hutchinson Island on October 20-21,2006. Approximately 70 people participated. The assembly's purpose was to establish a shared vision for the future of Boynton Beach and policy recommendations for moving the City toward that goal. B. Impetus for the assembly came from the City Commission. Financial support was provided by the City Commission, the Palm Beach County Board of County Commissioners, the Boynton Beach Community Redevelopment Agency, and Compson and Associates. C. The assembly was planned by a Steering Committee of nine members with diverse backgrounds and interests. The Steering Committee identified the interests to be invited, selected the groups and individuals to represent those interests, wrote the questions to be addressed, and reviewed the assembly background paper. The assembly was facilitated by the John Scott Dailey Florida Institute of Government at Florida Atlantic University. D. The Steering Committee selected assembly participants to reflect many aspects of Boynton Beach, including geography, business, government, civic groups, religion, minorities, retirees, youth, the environment, education, and others. The questions addressed at the assembly included community relations and governance; economic development and neighborhood revitalization; infrastructure; education and community services; and procedures for follow-up and implementation. E. An earlier assembly in 1996, Boynton Vision 20/20, laid the foundation for the present discussion. Vision 20/20 led to many positive initiatives and achievements. Among other accomplishments, a Community Redevelopment Agency was established; voters adopted term limits for City Commissioners; neighborhood associations were formed or reinvigorated; more mixed-use development was encouraged; and police, fire protection, youth programs, and neighborhood services were enhanced. F. The Boynton Beach Assembly; Committing to Our Future reflects the ongoing efforts of Boynton's political and community leaders to maintain and enhance the City's quality of life. The citizenry is committed to sustained involvement in City politics, planning, and action. II. COMMUNITY RELATIONS/GOVERNANCE A. Boynton Beach has the potential to become a true gem of Palm Beach County, but to do so the citizenry and its leaders must foster a sense of community and common purpose, unite on critical issues, and marshal their resources to take advantage of the City's strengths and address its weaknesses. -, B. The City would like to overcome any perceived divisions: geographically, economically, age-wise, ethnically and racially. C. To a degree, such divisions are inevitable in a large, diverse, South Florida city, but in Boynton Beach they are exacerbated by the fact that single-member districts for City Commissioners may foster parochialism among Commissioners and citizens alike. City Commissioners try to represent the whole City, but they are inevitably focused on the districts from which they are elected. Their constituents often tend to follow suit because, for good reasons, citizens are encouraged to take their issues to the commissioner from their district. D. To promote a sense of community and common purpose, the Assembly participants recommend that the following be explored. 1. Consider changing the system of governance. Single-member districts are important for minority representation, and they should be retained. Commissioners need to be more responsive to all areas of the City, not only to their respective districts. 2. Encourage the most qualified individuals to seek election to the Commission, and allow the Commissioners to devote the time necessary to properly carry out their duties, by raising the salaries of the Commissioners and Mayor. 3. Create spaces, events, and forums for collaboration and interaction. a. Boynton Beach is a "city of varied cultures." Continue to hold and expand upon events that celebrate this diversity. 3 b. Boynton Beach has competing centers scattered around the City. The City should identify and promote particular areas as the city-center, the cultural center, and so on. c. Establish a booster club for Boynton Beach High School. d. Hold a signature event that highlights the City's character and successes. 4. Take the City to the community. Encourage Commissioners and other City officials to attend community meetings to inform citizens of City goals and other news. 5. Promote cohesion within the City government. a. Hold semi-annual goal-setting and brainstorming sessions. b. Establish clear goals and objectives for advisory boards, and hold them accountable. c. Establish a training program for advisory board members to give them a city-wide perspective. 6. Augment the City's public information activities. a. Publish information about City decision-making processes. b. Establish a central call center to notify citizens of upcoming meetings, openings on advisory boards, etc. c. Convey information through faith-based institutions. d. Publicize, translate, and broaden the distribution of the City Services Guide. -+ III. ECONOMIC DEVELOPMENT/NEIGHBORHOOD REVITALIZATION A. The City must continue to attract a mix of high-value industrial, commercial, and residential development that will strengthen the tax base and generate good jobs for residents without adversely affecting the City's neighborhoods and community character. B. Based on former successes, the City should continue to 1. Focus on distinct geographical areas and community assets; 2. Be persistent; and 3. Coordinate or partner with private developers. C. Economic development activities within the City administration should be elevated and reorganized, as follows: 1. Hire an Economic Development Director and staff and develop an economic development program. 2. Consider seeking cost-sharing for this office from outside entities. 3. Assign this office responsibility for: a. Identifying the types of businesses and industries that Boynton should try to attract. b. Breaking the City into zones or quadrants, and tailoring economic development strategies to each zone. c. Working with the Business Development Board of Palm Beach County, the CRA, and others to identify and/or develop incentives for businesses to locate in Boynton Beach. 5 d. Developing incentives and support services to help businesses stay in Boynton Beach. e, Encouraging the development of and serving as liaison with multiple merchant associations throughout the City. D. The City's political and administrative leadership should identify and take advantage of key land uses and other assets. Consideration should be given to: 1. Preserving and marketing the industrial land in Boynton Beach. 2. Leveraging the value of the 600 feet of waterfront property to include revenue- generating boat slips in Intracoastal Park. 3. Creating an attraction to draw consumers to the downtown. E. While focusing on particular assets and targets of opportunity, the City should take steps to improve the community's overall appearance and safety. 1. To promote safety: a, Improve infrastructure and expand street lighting to all intersections, hazardous locations, and to high crime areas identified by the Police Department. b. Encourage community involvement in neighborhood refurbishment to promote community pride. c. Develop a tactical plan to focus and coordinate police and code enforcement on locations and businesses that attract or contribute to crime. These crime nodes might include liquor stores, abandoned properties, etc. 6 2. To improve appearance: a. Improve and maintain the City's streetscapes. Lobby the County to assume responsibility for funding streetscaping of all of the county roads in the City. b. Encourage outside agencies and corporations (FPL, Bell South, Palm Tran, etc.) to complete repairs and clean up their debris. c. Improve bus stops. d. Provide more trash containers. e. Continue providing grants for homeowners to improve their property. f. Enforce cleanup of construction sites. F. Affordable housing is important to economic development, but the high cost of housing is a nationwide problem. While recognizing that there are limits to what Boynton Beach can do to reduce housing costs locally, the City should: 1. Develop and present available options to increase the availability of affordable housing in Boynton Beach; 2. Offer incentives to developers for building affordable housing; and 3. Coordinate with state and county affordable-housing agencies. IV. INFRASTRUCTURE A. Boynton Beach, like many other older municipalities in South Florida, faces a dual challenge: repairing or replacing aging infrastructure that is decaying, outdated, or inadequate to keep up with the demands of a growing population and providing services and facilities for new residential and commercial development. Planning efforts, funding, and human resources must be carefully balanced if the City is to 7 succeed on both fronts. Inform the public that the City's infrastructure is aging and significant investments will soon be needed. B. Water. In general, Boynton Beach is doing a very good job in dealing with water Issues, The City is addressing potable water demands to assure that the City has adequate supplies through 2025. However, the City does face two issues involving wastewater treatment and disposal that must eventually be resolved. 1. Boynton Beach will eventually be prohibited from pumping wastewater offshore at the present location. Boynton Beach and Delray Beach must work together to find alternatives to ocean outfall from the communities' wastewater treatment plant. The two cities' wastewater will either have to be pumped further out from shore, injected into deep wells, reused, or a combination thereof. All options will be expensive, 2. The South Florida Water Management District, as part of the City's water consumptive use permit, is calling on Boynton Beach to increase wastewater reuse for irrigation. This requirement is not unique to Boynton Beach. The main expense here is for the pipes to distribute the recycled water and to provide storage facilities for the recycled water until it can be used for non- potable purposes. C. Roads. The majority of roads leading into and within the limits of Boynton Beach fall under the jurisdiction of the State of Florida and Palm Beach County. The City's Division of Roads and Streets is responsible for asphalt and concrete restoration. street sweeping, bridge restoration and guardrails, filling potholes, repairing road edges, and replacing street signs. 8 1. The City should hire an urban planner with expertise in transportation, parking, intermodal transfers, and the like. A person with these skills is needed to study and document transportation issues in Boynton Beach, and to negotiate with state agencies, the County, and other municipalities. 2. The City's plans should assure adequate capital funding for maintenance of pavements, sidewalks, streetlights, and landscaping. The streetscape program needs to be expanded to support the economic-development requirements discussed above. 3. When City-maintained roads are reconstructed, community involvement should be solicited so that the work considers community needs and preferences. 4. Collector roads should be the priority. 5. The City should work with Palm Beach County to optimize traffic signal timing coordination. D. Public Transportation. Palm Tran, Tri-Rail, and other public transportation services are a valuable resource for those seeking an alternative to driving or who do not have access to an automobile. 1. The City should encourage Palm Tran to consider adding an east-west connection on Boynton Beach Boulevard from State Road 7 to the beaches. It could be partially self-supporting through fees from riders. 2. Consideration should be given to expanding the trolley system, which is currently supported by the CRA. The City should explore the possibility of partnering with the CRA to expand the service. 9 3. Expand the Shopper Hopper and publicize its connections. 4, Establish a municipal parking authority and create parking facilities that satisfy local parking demand and function as transportation hubs. 5, Support a dedicated funding source for regional transit. E. Parks and Recreation. Well-maintained and conveniently located parks and recreational facilities make a significant contribution to the quality of life within a city 1. The City does a very good job of maintaining its existing parks and recreational facilities. The current advisory board is functioning well, and the staff are competent and proactive. 2. Community involvement can be encouraged by holding functions and public meetings in Boynton Beach parks, 3. The City should study the feasibility of a beach and parks assessment. 4. Expand the greenway system and its connectivity. V. EDUCATION AND COMMUNITY SERVICES A. The quality of local schools and other educational facilities and services is an important consideration in where people choose to work and live. This means that schools have a major impact on economic development. 1. Communication between the City and the school district needs to be improved. The City Commission should meet with the School Board of Palm Beach County on a regular basis and make it a priority to work on improving the reputation, quality, and facilities of public schools in Boynton Beach. ]0 Consideration should also be given to establishing a City position to serve as a liaison between the City Commission and the School Board of Palm Beach County. 2. All sectors of the community should re-evaluate their level of support and commitment to the schools within the City. 3. The disparity between the enrollments of Boynton Beach High School and Park Vista High School will be addressed next year by adjusting school boundaries. The Boynton Beach community needs to start speaking out now about its interest in this decision. 4. The quality of translation services for children who speak English as a second language needs to be addressed. 5. Encourage the Greater Boynton Beach Chamber of Commerce to increase its involvement in all grade levels in the City's schools. B, Informed involvement by parents and other stakeholders can spur improvements in school performance and student achievement. Moreover, the City, through its Office of Public Affairs, should include information about Boynton Beach schools in its community newsletter and other public communications. C. The City should increase recreational programs for children by: 1. Creating a Youth Center to draw children from the streets and involve them in constructive activities; 2. Trying to attract a Boys and Girls Club to Boynton Beach; and 3, Seeking funding for before- and after-school care, camp programs, and programs for the handicapped. 11 4. The City Commission should create a task force with representation including but not limited to the City Commission, Police Department, Recreation and Parks, Youth and Education Advisory Board, the School Board of Palm Beach County, a teacher, and the head of the Boynton Beach High School Student Government to study, evaluate, and implement procedures to reduce drop-out rates, crime, and delinquency. VI. FOLLOW-UP AND IMPLEMENTATION A. Progress in implementing the recommendations from this assembly should be monitored, and the findings should be reported to the participants at regular intervals. B, Within 60 days, the City Commission should draft an implementation plan that breaks out action steps, assigns responsibilities to appropriate parties (including the appropriate advisory boards), and establishes reporting requirements and timeframes. C. The City Commission should establish an advisory committee to oversee the plan's implementation and prepare reports for distribution to the Commission and the assembly participants. 12 THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE October 20 and 21, 2006 Hutchinson Island Marriott Beach Resort Hutchinson Island, Florida ATTENDEES Beverly Agee Member, Boynton Beach Bldg. Board of Adjustments and Appeals Cheryl Arflin Member, Arts Commission Advisory Board Matthew Barnes William Bingham Chief, Fire Rescue, City of Boynton Beach James Bogert Vice President, Palm Beach Leisureville Community Association Kurt Bressner City Manager, City of Boynton Beach Lisa Bright Executive Director, Boynton Beach CRA Buck Buchanan Greater Boynton Cham ber of Commerce Angela Budano Member, Arts Commission Advisory Board Nancy Chandler Systems Manager, School District of Palm Beach County/INCA Lance Chaney Reverend, St. John's Missionary Baptist Church Devon Coughlan Board President Elect Greater Boynton Chamber of Commerce Sander Cowen Hunter's Run Eleanor Daly Registered Nurse Al DeMarco Realtor Ralph Diaz Real Estate & Mortgage Broker Brian Edwards Senior Vice President of Resource Development, United Way of Palm Beach County Bob Ensler Commissioner, City of Boynton Beach Scarlett Fave Social Services Coordinator, Caridad Center Mike Ferguson Commissioner, City of Boynton Beach Larry Finkelstein President, Lamar Realty Corp. David Floering Eastern Auto Body and Glass 13 Christiane Francois Vice President, The Greater Boynton Beach Sister Cities Committee, Inc. Reverend Randall Gill Minister, First Presbyterian Church Joe Green Founder and Principal Delray-Boynton Academy Patti Hammer Member, Boynton Beach Recreation & Parks Board Dale Hatch Owner, Ace Hardware Reverend Woodrow Hay Minister, St. John Missionary Baptist Church Jeanne Heavilin Board Member, Boynton Beach CRA Robert Hill President, Bethesda Memorial Hospital Edward Hillery, Jr. Director of Public Safety, Town of Ocean Ridge Marie Horenburger Board Member, Boynton Beach CRA Ward Houston President, Boynton Beach Leisureville Community Association G. Matthew Immler Chief of Police, City of Boynton Beach Shirley Jaskiewicz Member, Boynton Beach Planning and Development Board Glenn Jergensen President, Greater Boynton Cham ber of Commerce Robert Kanjian School Board Member-Elect, District 4, School Board of Palm Beach Countv Barbara Katz President, Coalition of Boynton West Residential Assn. David Katz Former City Commissioner Jayne Kupperman Community Relations Coordinator School District of Palm Beach County James Kurtzman Treasurer, Temple Beth Kodesh Larry Lederhandler Treasurer, Local 1891 Firefighters Union Carisse Lejeune Assistant to the City Manager, City of Boynton Beach Barbara Lentz President, Art Sea Living Frank Lindsay Vice President, Board of Governors Colonial Club Condominium Association Jeffrey Livergood Director of Public Works and Engineering City of Boynton Beach Terry Lonergan President, Meadows 300 POA Carol Lundquist 14 Jack Lynch Board President, Nautica HOA Carl McKoy Vice Mayor, City of Boynton Beach Martha Meeks Light Gene Moore Attorney Roberto Moreno President, Citrus Glen HOA Dan Morrison Palm Beach Leisureville Comm. Assn. Steve Myott Board Member, Boynton Beach CRA Stormet Norem Vice Chair, Boynton Beach CRA Suzanne Novita Quetel Osterval President, UTEL, Inc., Diane Pacheco Director, Development & Program Compliance, Palm Beach County Literacy Coalition Lena Rahming Center Director, Head Start/Boynton Child Care Jose Rodriguez Commissioner Elect, City of Boynton Beach Barbara Rudd Vice President Intown Partners, LLC Michael Rumpf Director, Planning and Zoning, City of Boynton Beach Elayne Russell Board Member, In The Pines, Inc Sister Lorraine Ryan Coordinator, Women's Circle, Inc., Guarn Sims Board Member, Boynton Beach CRA Jerry Taylor Mayor, City of Boynton Beach Henderson Tillman Chair, Boynton Beach CRA Stephen Waldman Chair, Boynton Beach Education and Youth Advisory Board 15 THE BOYNTON BEACH ASSEMBLY: COMMITTING TO OUR FUTURE STEERING COMMITTEE Beverly Agee Board Member Boynton Beach Building Board of Adjustment and Appeals Lisa Bright Executive Director Boynton Beach Community Redevelopment Agency Larry Finkelstein President, Lamar Realty Corporation Patti Hammer Board Mem ber Boynton Beach Recreation & Parks Board Former City Commissioner Shirley Jaskiewicz Board Member, Boynton Beach Planning and Development Board, and City Commissioner. 1995 - 1999 Glenn Jergensen President/CEO Greater Boynton Beach Chamber of Commerce Former City Commissioner David Katz City Commissioner, 1993 - 1995 Dr. Martha Meeks Light Diane Pacheco Director, Development & Program Compliance Palm Beach County Literacy Coalition 16