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Agenda 02-19-02
of 1,00 E. Boynton: Beach Boulevard · (561) 742-6000 FEBRUARY 19, 2002 Gerald Broening Mayor At Large Ronald Weiland District I Mack ~McCray Commissioner Mike Ferguson District III Charlie Fisher District IV Ku~ Bressner City Manager Visit our Web site www.boynton-beach,org I1/~ 'r~ P#i#i~#t~ ~1~ b'yl#~ ?mr t~# /I/i11~////i////I Thank you for attending the Ci~ Commission Meeting ~N AT THE AGENDA: NGS There is an official agenda for every meeting of t~e Ci~ Commissioners, which determines the order o business conducted at the meeUng. The City Commissioni~ill not take action upon ahy matter, proposal, or item of business, wh~J~ is not:.lis~ted ~pon the officiai ager}da, un ess, a maj0ri~ of the~com~ission has consented to the p~esentation for ~0nSid~ration and a~tion, i ·andC°nsentwhichAgendaare voted:ItemS:on as aTheSegroup are items which the ~Commission does not need to discuss individua ·liste~tRegularon theAgendaagenda.Ttems: These are items which the~£ommission will discuss individually in the order,~ · Voice, Vote: A voice vote bythe Commission indicates ~pproval of the:agenoa item. This.can be by either' a regular voice vot~ ,with ~Ayes~& Nays" or by a 'roil' call ;~{:e. SPEAI(~NG AT COMM:[SS:~ON MEETZNGS: The public s encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and, on any regular agenda item. City Commission meetings are business meetings and, as such, the Commission retains the right to limit discussion on an issue. Comment cards are located on the table by the entTy door to the Chambers; Please complete a "Comment by the Public Card" and give it to, the City Clerk at the leffc end of the dais before the "Openings" portion of the meeting. As a general practice, comment cards will not be accepted after presentation of an agenda item has begun. · Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings". · Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Please use the yellow colored card for matters not listed on the agenda. The Mayor will call for speakers by- name from the yellow cards provided by the City Clerk. · Regular Agenda :~tems: Any citizen may speak on any offic a agenda item(s) listed on the agenda after a r~;3tion has been' made and properly seconded. Please use the ~reen colored card for matters listed on the agenda. The Mayor will call for speakers by name from the green cards provided by the City Clerk. ADDRESSTNG THE COMMZSS~ON: When your name is called, please step up to either podium and state, for the record, your name and address. DECORUM: Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Comr~ission will be barred from further audience before the Commission by the pres ding officer, unlessI permission to continue or again address the commission is granted by the m~jorty 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 Cit~, Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of eveq month, starting at 6:30 p.m. (]Please check the Agenda Schedule - some meetings have been moved due to Holidays/ElectiOn Day). CITY OF BOYNTON BEACH REGULAR CITY COHHI$$ION HEETING AGENDA February 19, 2002 5:45 P.M. I. OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation/Moment of Silent Prayer £, Pledge of Allegiance to the Flag led by Mayor Broening D. IF YOU WISH TO ADDRESS THE COMMISSION: · FILL OUT THE APPROPRIATE RE(~UEST FORM · GIVE z'r TO TH E CITY CLERK (ON THE DAIS) BEFORE THE "OPENINGS" PORTION OF THE AGENDA HAS BEEN COMPLETED · COME TO THE PODIUM WHEN THE MAYORCALLS YOUR NAME INDIVIDUALS MAY SPEAK FOR THREE UNINTERRUPTED MINUTES. E. Agenda Approval: Additions, Deletions, Corrections 2. Adoption IT, PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS III, OTHER: A. Informational Items by Members of the Ob/Commission Agenda Regular City Commission Boynton Beach~ Florida February 19, 2002 ADM'rNZSTRATZVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date Mayor Broening Children & Youth Advisory Bd Stu/Reg/NonVoting 1 yr term to 4/02 (Tabled-3) ! Weiland Children & Youth Advisory Bd Sto/Reg/Voting I yr term to 4/02 CTabled-3) III Ferguson Bldg. Bd of Adj & Appeals Alt I yr term to 4/02 (Tabled-3) I Weiland Education Advisory Board Rag 2 yr term to ~,/02 II McCray Nuisance Abatement Board Alt ! yr term to 4/02 I Weiland Senior Advisory Board Rag 2 yr term to 4/03 (Tabled-3) V. ANNOUNCEMENTS & PRESENTATZONS: A. Announcements: None B, Presentations: 1, Proclamations: a. "Community Caring Center of Boynton Beach Week" - March 3-9, 2002 VI, PUBL'rC HEARING: 6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS A, Project:. Woolbright Plaza Agent: H. P, Tompkins Owner: Veronica Motiram Location: 1609 S, Congress Avenue Description: Request Conditional Use/Site Plan approval to raze an existing bank building in order to construct a new 14,490 square foot Walgreen's store with a drive-through facility combined with 4,800 square feet of commercial space and a separate four-story 40,000 square foot office/retail building for a total of 59,290 square feet of building area on 4.945 acres. Project to be done in phases. (Postponement requested to February 2G~ 2002 Planning & Dovalopment Board mee~'n~) 2 Agenda Regular City Commission Boynton Beach, Florida FebrUary 19, 2002 VII. 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 matedal to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Agenda Preview Conference of January 31, 2002 2. Regular City Commission Meeting of February 5, 2002 B. Bids and Purchase Contracts - Recommend Approval - All expenditures are approved in the 2001-2002 Adopted Budget 1. Approve the Utilities Department purchase of gas chromatograph/mass spectrometer system from Shimadzu Scientific Instruments in the amount_ of $40,034, with a Purge and Trap concentrator with Auto Sampler from - Tekmar-Dohrmann, in the amount of $27,046, piggybacking the City of Boca Raton RFPs#2001-034 and #2001-024 respectively 2. Award the "PURCHASE OF ONE NEW AND UNUSED FRONT LOADTNG SOITD WASTE COMPAC'T~ON UN~T, MOUNTED ON A CLASS 8 DTESEL POWERED CHASSTS," Bid #015-2516-02/C.1D, to ATLANTIC TRUCK SALES, TNC. of Ft. Lauderdale, Florida in the amount of $134,954 3. Award the "PURCHASE OF ONE NEW DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLEu~ION VEHICLE," Bid #:~00-2516~0~/C]D, to SOUTHERN SEWER EQUTPMENT SALES of Ft. Pierce, Florida in the amount of $76,603 4. Award tine "PURCHASE OF ONE NEW BULK TRASH AND REFUSE COLLECT'~ON/-ERANSPORT VEHTCLE," Bid #098-25~.6-0:[/KR, to ATLANTIC TRUCK SALES, TN(:., in the amount of $52,367 5. Approve agreement with Tn$ituform Technologies, Tnc, .lacksonville, FI, for in-place pipe process for reconstruction of sewer pipelines and lateral services, utilizing Broward County Board of County Commissioners quotation #P2077-99 in the amount of $139,785 [Proposed Resolution No. RO2-O26) 6. Approve Addendum No. 3 to Agreement with Computer Sciences Corporation (formerly DORN Technologies), for upgrade of RiskMaster Software, risk management information system, for $8,995 7. Award Task Order No. 1~. for the NE 19t" Avenue Sanitary Sewer Hain Replacement Project in the total amount of $40,234 to CH2M Hill to 3 Agenda Regular City Commission Boynton Beachr Florida February ~.9, 2002 provide professional design and engineering services for replacement of sanitary sewer' lines, and swale improvements on NE :19t~ Avenue under the Utility General Agreement for Professional Services (Proposed Resolution No. RO2-O27) 8. Award the "ANNUAL CONTRACT FOR MEDTCAL AND DRUG SUPPLIES," Bid #095-:1412-0:1/KR, to various vendors with an estimated annual expenditure of $:1:10,000 (New Bid #36-1412~02/KR) 9. Split award for Bid #028-2821-.02/KR, "PRODUCTION WELL REHABILt'TATJON, PART I AND pART TI,'. -as follows: Part ! to Diversified Drilling Corp. in the amount of $107,804; and Part II to Marine Engineering Contractors, Inc. for a two-year periods with an annual expend ture of $100,000 (Proposed Resolu~on No,, R02-028) 10. Approve' the Police Department purchase,of Crime Mapping Software from CharieS~ River TechnOlogies customiZatiOn services in the amount of. $7,500 from Federal Forfeiture~'' Funds (prOposed Resolution No, R02- 029) 11. Approve the Police Department purchase of trunk lockers for SWAT rifles .... from Lawmen's & Shooters and night vision goggles from S.R.T. Supplies in the total amount of $18,8:10.50 from Federal Forfeiture Funds C. Resolutions: 1. Proposed Resolution No. R02-030 Re: Accepting letter of credit no. SM418453C, including two amendments, from First Union National Bank in the amount of $279,734.77 'as surety for the installation of the water and sanitary sewer systems serving the project known as Villas at Quantum Lakes 2. Proposed Resolution No. RO2-O3:1 Re: Releasing cash bond of $880 to Metro Design Group for completion of the permitted work at Pepperoni's (1660 S. Congress Avenue) 3. Proposed Resolution No, R02-032 Re: Accepting the Palm Beach County Emergency Medical Service Grant in the amount of $2:1,480, providing for the purchase of 20 VHF portable radios and the funding for a new Community Emergency Response Team (CERT) Program 4. Proposed Resolution No, R02-033 Re: Approving staff applicaUon for Temporary Fencing, Landscaping and Maintenance Permit from the Lake Worth Drainage District Agenda Regular City Commission Boynton Beach, Florida February 19~ 2002 5. Proposed Resolution No. R02-034 Re: Approving two agreements from Florida Department of Transportation for the maintenance of traffic control devices on the at-grade railroad crossings for NE 22nd Avenue (Crossing No. 272476Y) and 15~" Avenue (Crossing_ No. 272484R) 6. Proposed Resolution No. R02-035 Re: Approving full release o[ surety for water and sewer ~mprovements for the project knOwn as Military 10, and refunding the cash surety to Crowne Storage Associates, LTD., and Military 1(3 L.C. 7. Proposed Resolution No. R02-036 Re: Approving a contract in the amount $50,000 with Barry A. Frankel & Associates, P.A. to use Community Development Block Grant Funds for the purpose of acquiring, modern optometric equipment and makJng renovations to the interior of 540' E: Woolbright Road D. Ratification of Planning & Development Board Action: None E. Ratification of CRA Action: 1. Wooster Variance ZNCV 01-23, Lot 39, Harbor Estates (South Road) - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a 25 foot rear yard setback to allow a 15 foot variance, and a 10 foot rear yard setback within the R-l-AA single family zoning district 2. McMillan Personal Watercraft, 1105 and 1109 North Federal Highway - Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning~ Section 11.H.:L6.d, to allow 12 parking spaces in lieu of the 20 required by code, a variance of 8 spaces for a retail business in a C-4 zoning district 3. McMiilan Personal Watercraff/MSPM 01-003, '1105 and 1109 North Federal Highway - Request for Major Site Plan Modification to include renovations of two buildings totaling 4,066 square feet and to be used for retail commercial use, and related parking lot and landscaping improvements on a 0.257-acre parcel F. Accept monthly report to Commission of purchases over $10,000 for the month of 3anuary 2002 for informational purposes CITY MANAGER'S REPORT: A. Report on Landscaping of Medians (Arterial Streets) - Verbal Report 5 Agenda Regular City Commission Boynton Beach, Florida February 19, 2002 IX. FUTURE AGENDA ITEMS: A. Update on Utilities Reserve Funds (March 5; 2002) B. Proposed Resolution No. R02-016 regarding authorizing the use of eminent domain to acquire the public right-of-way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk (March 5, 2002)(Tabl~dat]anuary ~KS~ 2002m~ting) C. Review of Proposed Amendment to Development Agreement - Marina Project (March 5, 2002) D. Book Give Away (March 5, 2002) E. Discuss long-range plan for the Woman's Club (March 19, 2002) F. Proposed resolution regarding approving a contract for consulting services known as the Heart of Boynton Neighborhood Academy (March 19, 2002) G. Discussion of water and wastewater rate options (March 19, 2002) H. FRA Whistle Ban - Report (March 2002) - Delayed due to Federal Railway Administration Delay in Rulemaking ]E. Discussion of proposed Charter Amendment regarding salaries of City Commission (April 2, 2002) 3. Commission On The Road Meeting (April 2002) K. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.:3. Environmental Review and associated references to Environmental Review Permit or the Environmental Review Committee (May 7, 2002) X. DEVELOPMENT PLANS: None XI. NEON BUSINESS: A. Review request by member of City Commission for adjustment in the amount of the City Commission's expense allowance B. Review possible revisions in City Commission Reinvestment Program as to ~- activity eligibility Agenda Regular City Commission Boynton Beachf Florida February :t9, 2002 X~"~, LEGAL: A. Ordinances - 2na Reading - PUBLTC HEA~NG 1, Proposed Ordinance No, 02-006 Re: Dakota Lofts Reclassify from Local Retail Commercial and Low Density Residential to High Density Residential 2. Proposed, Ordinance No~ 02-007 Re: Dakota Lofts - Rezone from C~3 community Commercial and R-l-AA Single-family Residential to Planned Unit Development (PUD) 3. Proposed Ordinance No. 02-008 Re: Amending Chapter 9, City of Boynton Beach code of Ordinances, providing for compliance with NFPA :L, Fire Prevent on codes, 2000 Edition 4. Propo~ Ordinance.No, 02-009 Re: Amending Chapter_ 14, Motor Vehicles' and Traffic, creating a new subsection to provide for ~ all signage to conform to national standards and creating a new section providing for traffic calming measures -~ B. Ordinances - 1~ Reading None C. Resolutions: None D. Other: ].. Code Review CDRV 01-005, 1)Definition of Building Height & 2)Height Exception - Church Height, Citywide, Request for a code review to revise the definition of "building height" found in Land Development Regulations Chapter :~, Article Z[ and to add "places of assembly" to the list of exceptions to the maximum building height found in Land Development Regulations Chapter 2, Section 4.F.2 X~ZZ. UNF][N:ESHED BUS][NESS: A. Update on Mangrove High School Restoration 7 Agenda Regular City Commission Boynton Beach, Florida February 19, 2002 X~V. AD3OURNMENT: NOTICE IF A PERSON DECIDES TO APPEAL ANY DEC~SION MADE BY THE Ci'TY COMMISSION WITH RESPECT TO ANY MA~FER CONSIDERED AT THIS MEE-~N~, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND~ FOR SUCH PURPOSE,, HE/SHE MAY HEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TEST[HONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPR]ATE AUXIt/ARY A~DS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL ~ A DISABILrl%' A5 EQUAL OPPORTUNiTYTg PARTICIPATE IN AND EN3OYTHE BENEFITS OFA SERVICE, PROGRAM, ORACTIVITY CONDUCTED BYTHECTrY. pLEASE CONTACT 3OYCE COST]SLLO~ (562[) 742-602[3 AT ~ TWENTY-FOUR HOURS PR]OR TO THE PROGRAM OR AC~qVITY IN ORDER FOR THE C/fY TO REASONABLY ACCOMMODATE YOUR REQUEST. bg FINAL AGENDA 02/15/2002 8:19 AM \\CH' ~IAi N\S H R DATA\CC\WP\CCAGEN DA~AGEN DAS\YEAR 2002\021902.DOC V,-ANNOUNCEMENTS & PRESENTATIONS ~ ~'~~ :~tem B.l.a WHEREAS, the Community Caring Center of Boynton Beach has been actively assisting the hungry and the needy of our community since September 1987, alleviating the suffedng of single mothers, the unemployed, transients, and others who find themselves on the margin of society; and WHEREAS, the religious community as well as individual citizens of Boynton Beach have recognized the charitable work of the Community Caring Center in oroviding emergency shelter, grocenes and other resources; and WHEREAS, the Community Caring Center of Boynton Beach has made a difference in the lives of those who needed that extra help to keep their family together, or to react to an emergency situation that could result in the loss of a home or the lack of a meal, NOW, THEREFORE, I, Gerald Broening, by virtue of the authority vested in me as Mayor-of the City of Boynton Beach, Florida, hereby proclaim March 3 through March 9, 2002 as "COMMUNITY CARING CENTER OF BOYNTON BEACH 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, Flodda, this 19· day of February in the Year 2002. Gerald Broening, Mayor City of Boynton Beach ATTEST: City Clerk (Corporate Seal) IGlinski, Bonnie From: Costello. Joyce Sent: Wednesday, February 06. 2002 4:42 PM To: Glinski, Bonnie Subject: Community Caring Proclamation Jean Cericola and Sherri Johnson will be present to accept the proclamation on February t9th. jc VTI.-CONSENT AGENDA ITEM B.1. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR/VF Me~in~ Dates in to Ci~ Clerk's Office M~fin~ Dat~ in to Ci~ Cl~k's Office November 2C 2001 No~mber 7. 2001 ~5:00 p.m. ~ Jan~ 15. 2002 Jan~ 3, 2002 (5:00 p.m.) Decmber 4. 2001 November 21, 2001 5:00 p.m4 ~ Febma~ 5. 2002 Janua~ 16, 2002 (5:00 p.m.y D~ember 18.2001 D~mberS. 2001 (5:00p.m.) ~ Feb~ 19_2002 Febm~6.2002fS:00p.m./ Janus2_2002 Decemberlg. 2001 (5:00p.m ~ MamhS. 2002 Febma~20,2002(5:00p.m.) [] Administrative --] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [], City Manager's Report RECOMMENDATION: Motion to approve purchase of gas chromatograph/mass spectrometer system from Shimadzu Scientific Instruments in the amount of $40,034, with a Purge and Trap concentrator with Auto Sampler from Tekmar-Dohrmann, in the amount of $27~046. Piggy-backing City of Boca Raton RFP # 2001-034 and 2001-024 respectively. EXPLANATION: This instrument system will be used to monitor drinking water for Trihalomethanes and Volatile Organic Compounds. It replaces an instrument system that was purchased in 1990 and is now obsolete. Although the City occasionally uses an outside laboratory for compounds that must be reported very infrequently, we will maintain our ability to analyze organic compounds in-house, and in a timely manner using this new system. The attached memos discuss the cost and quality-of-service benefits th:gt the purchase of this equipment will give to the City and it's customers. We can safely anticipate a 10-year life on this piece of equipment, and the analysis shows that a straight-line amortization of its cost over 10 years results in a cost savings to the City of from $857 to $8422 per year depending upon the turnaround time requested. Having the equipment in-house means that we can always provide a response to our customers within 24-hours, thereby giving them the highest possible level of service. PROGRAM IMPACT: The purchase of this system will allow us to continue to monitor the water system for these contaminants from the source to the customer's tap. We will benefit by being able to test at will and with immediate results. S :YB ULLETINXFORM S~AGEN DA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~.. FISCAL IMPACT: $75,000: for this system (project WTR103) is available in the Utilities Renewal and Replacement Account # 405-5000-590-96-02. $55,000 was budgeted in FY 2000-01. and $20.000 in FY 2001-02. The projected life of the system is 10 years. ALTERNATIVES: All volatile compound analyses could be contracted with an outside laboratory. Such an action would inefficiently increase the response Department H~ad'sOgnamre Manager's Signature Department Name City Atto~ey / Finance / Hmnan Resources Xc: Peter Mazzella (w/attachments) Barbara Conboy Bill Atkins. Procurement Services File S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER.DEPARTMENTAL CORRESPONDENCE DATE: February 4, 2002 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Additional Statistical Analysis Purchase of Gas Chromatograph/Mass Spectrometer System As per Yeur request we have completed a further statistical analysis of the cost/benefit of buying a~ rePlace~mant gas chromatograph/mass spectrometer system vs. contracting for that service. The cost benefit analysis is attached hereto You will find that, based upon the preceding 12 month's of mandatory testing= and taking~ into consideration the amount of voluntary, customer service testing we have done over the past 24~onths~ purchasing the system will be less expensive than contracting for that service. Please let me know if you need any additional information. Dale S. Sugerman Assistant City Manager co: Water Resources Leadership Team CiTY OF BOYNTON BEACH OFFICE OF THE ASSISTANT CITY MANAGER INTER-DEPARTMENTAL CORRESPONDENCE DATE: January 24, 2002 TO: Kurt Bressner, City Manager FROM: Dale S. Sugerman, Assistant City Manager SUBJECT: Outsourcing Gas Chromatograph/Mass Spectrometer Testing Services You have asked us to look into the possibility of contracting for gas chromatograph/mass spectrometer testing services, rather than buying this equipment for our water services laboratory located at our West Water Treatment Plant. As you will diSCover from the attached memorandum from;Peter Mazzella, we ~ave looked into the option of contracting for this service. HOwever, we are of the strong oPlni0n that the resultant savings in costs is not nearly matchedby the high level of customer service we"can proVide if we purchase this replacement equipment for our lab. Please review Pete's attached memo, and I'm sure you will agree that our purchase of this equipment is not only costeffective, but provides for great custemer service. If you then are as convinced as we are that a purchase makes sense rather than contracting for thisservlc~e, we would ask that you please place this item back on the agenda for the February 5~ City Commission meeting. Thane you for your .attentJon ~to this matter. Should you need any additional information or justification, please b0ntact either one of us. Dale S. Sugerman Assistant City Manager cc: Water Resources Leadership Team MEMORANDUM UTILITIES DEPARTMENT TO: Dale Sug~sistant City Manager FROM: Peter M~zella, Asst. to the Director of Utilities DATE: January 23, 2002 SUBJECT:,Pote!?tia1 fo? 0Ftsourc~g Gas Chroma~ggrap~ass Spectrometer Thank yisu for ~elayfng the c0ncems about'the cost of the Ga~ Chromatograph/ Ma, ss Sp~ctr0meter~, arid th~ suggestmn that we consider outsourcmg ~e'festmg performed by this ~qmpmen~ ~ns~ead of purchasing a new mt. We 1/ave g~ven serious thought to outsourcing the testing done by this piece, of equipment Oy~er the past five ye~s. From a ~trictly financial aspect, outsourcing may'~e Sense. From a C6s~0mei s.~rv?e?standpSint h°x~eyer, lit does not. In ~ecommending: ~- purchase of this equipment (whmh,has an expected-10 year life), we have,opted to pmvid.e~uPer~o~.cu~tomer;s,er¥ices m areasonable cost. In addition to our required compliancesampling, we often receive calls from our customers w, ho have concerns about the quality of their drinking water. Usually these conce~s are~promptedby an unusual (to ;hem) taste:or 0d0r m the~water. In such circumstances, it is necessary to test the Wate~/'or:volatile 0rganie ': compounds, andperform the test quickly so as to allay the customer's fears about the,quality of the water. Outsourcing such samples to the County or a private laboratory would take !significantly more time than ,doing the analysis in-house; andalso would give us no control whatsoever as to when the. results will be delivered. ~he,quick delivery of;reliable results to our customers gqes a l°ng way in educating ~em about the quality of our drinking water produ~f, ~d gives them thepeace of mind they deserve when using our water. I can appreciate the fact that the Regional Plant may be saving money by outsourcing their laboratory servmes, and that may be a perfectly acceptable option for them from a customer service standpoint. After att, how many people are concerned about the quality of their sewage!? But, we are in the drinking water business, and our standards must be higher. Our customers expect it, and 1 we therefore owe it to them tO provide the best service possible at reasonable expense. In o¢r opinion, the amortized cost of this equipment over 10 years (i.e. $6700/year, minus the cost of outsourcing the tests) is a small price to pay for providing first class customer service. Thank you for your continued considered of this request. PVM Xc: Peter Mazzella John Guidry Steve Evans File Sugerman~ Dale From: Bressr~r~ Kurt Sent: * Tuesday, January 22, 2002 2:41 PM To: Sugerman, Dale Cc: Atkins, Bill Subject: Consent Agenda item Lab Testing Reviewed the consent agenda item for about $67K for two pieces of equipment. This is rather specialized testing? Any thought given to working up an agreement with Palm Beach County to do our lab work? I'm thinking this test and eventually all of our water quality testing. Bob Hagel advised me that they have saved a lot of money by this approach. I'd like to hold this from the agenda until I hear back from you as to the specific pumhase. Seems that continued Thanks, ~?'?; Kurt Tekmar-Dohrmann Tol Free: 800-543~461 4736 $ocia[vil e Foster Road Sa~es/SuB~ 3r~: 800-874-2004 Mason 0hio45040 Main: 513-229-7000 www.reKmar.com Fax: 513-229-7050 Monday, January 07. 2002 Steven Evans Boynton Beach Water Lab 5469 W. Boynron Beach Blvd. Boynton Beach. FL 33437 RE: RFP No. 2001-034, Purge and Trap Concentrator with Auto Sampler System Dear Steve: As you know. in January of 2001 the City of Boca Raton awardedan equipment purchase (RFP 2001-034) to Tekmar-Dohrmarm in the amount of $2T046.00. In spite of a2~3% price increase that went into effect in July of 2001, Tekmar-Dohrmaun is willing to extend the "Boca Raton' pricing to the City of Boynton Beach. A Iisting and full details of the instrumentation can be found on Tekmar-Dohrmarm quote 17334. dated January 3, 2002. Should you have any questions, comments, ur concerns, please do.not hesitate to cuntacr me. Sincerely, Jonathan Fernandez Technical Sales Consultant Tekmar-Dohrmann 1-800-543-446l x 7132 EMERSON. COONC ~'APPROVAL PROCUREMENT RECOMMENDATION TARGET:AGENDA DATE: February 27, 2001 Subject: RFP Number: 2001-0~4 Department: Utility Sen/iCes Procurement Method: ComoetitJve Seated Prol:msel RFP Opening Date: Januar~ 29 2,001 5 RFP'a Salictted I Ne. Response 4 Responses Award Amount: ~7;04& Award to: Most ~ible and adva~,tag~ous' proposal submitted by Tekmar- Dohrmann: Cih;innatl. OH, Scope: This for a Purge and Trap Co~ce~trator with Auto analyze drinkng water, ': contaminat3ts as requ red by sad wRh a Gas ~ill be repla~,~g Jireme~ts. qualifications I delivery time. This purchase includes the The folk~i~t!~ ~p~lS wire received and evaluated by the Selection Commtttee~ { va~ian i~c. ] Approvals: Funding Source(s): Buyer: .... Sr. Buyer: ~ '~ ~ U$~/Vater-Sewe~ Machinely & Equi~, 470-4299-$36-6405 Purchasing Manager:_ Financial Services Directo~ OMB DirectoE ~. Assistant City Manager; RATING SHEET RFP NO. 2001 °034 Purge & TL~ap Concentmtor'with Auto Sampler Criteria Available Points 1)Price 0 - 55 Cost of Equipment Agilem O.1. CORD. Tekmar-Dohrmann Vadan, Inc. $36,634 $27.803 $26,295.46 $39,149.72 tradein 0 1,200' 750,00 1,027A7 $38.~34 $26,603 $25.545.48 $38,122.55 2)MeefinglExceedingFuneflonatity Requirements 0 - 20 Equipment Functionality Technical Soundness of Proposal submlttecl Documentation -AdministratorlUsedelanuals 3)Qualifications of the Firm 0 - 15 Experiencein Stated Criteda Wa rra nty-$ervica/CustomerSupport 4)Training Schedule & Features 0 - § Training Agenda Qualifications of Trainer 8)Delivery Time 0 - 5 Total Points: 100 points ~ ~" ;i Price Func~[el~ali[y r Quai~catioas [ Training L-~l~ve~ I Total I A~le~! 38.3 I.~ Group Evaluation made b~ the followin~ Selection Committee Members: 11/29/2001 11:56 5617010065 . C~T¥ OF BOYNTON PAGE 02 FOR PROPOSAL RFP NO. 2001-034 Purge and Trap Concentrator with Auto Sampler System City of Boca Raton City Hall Purchasing Division 20t West Palmetto Park Road Boca P~ton, Florida 33432 (~6~) ~93-7871 ll/29/2001 11~56 56i73100~5 CITV OF BOYHTON PAGE 83 TABLE OF CONTENTS RFP NO. 200'1-034 PART I GENERAL INFORMATION PAGE 1-1 Definitions RFP-1 1-2 Purpose RFP-1 1-3 proposal Submission and Withdrawal RFP~t 1~4 [nvitati0n to Propose RFP-2 1-5 Developments Costs RFP-2 1-6 Inquiries RFP-2 1-7 Addenda RFP-2 I-6 Selection Process RFP~2 1-9 Award RFP-3 1-10 News Releases RFP-3 1-11 Licenses RFP-3 1-12 Public Entity Cdmes RFP-3 1 - 13 RFP-4 1-14 Work Place RFP-4 1-15 RFP,4 1-17 1718 PART II ~A1~EMEN? OF WORK 2-1 Work Objective RFP~7 2-2 Terms &~i¢ondit ohs RFP-7 PART III INST~;FJOTIONS FOR PREPARING PROPOSALS 3-1 RFP-10 PART IV EVAE [M[/~ ~,uN OF PROPOSALS 4-1 Evaluation Method RFP-12 Attachments Price Proposal Form RFP-13 Qualification QueStionnaire RFP-14 System Function~lityChecklist RFP=I 7 A~nowledgment ~f ~USiness Type RFP-18 Statement of No ~eSPonse RFP-19 Drug Free Work Pla~ Form RFP-20 11/2~1200] 1~:56 56~731006~ C~TY OF BOYNTON P~GE Oa GENERAL INFORMATION PART i RFP NO. 2001-034 1-1 DEFINITIONS For the purP°~e~ of this Request for Preposal; ,proposer"'sl~atl~mean~:-~ontractors, i;o~ultants, proposers organizations, firms, or other persons submiffing a response to this Request for Proposal. 1-2 PURPOSE provides guidelines for the submissien;f~pmposals in response to a Auto Sampler System for use by.tile Ci~'of Boca Raton Utility The CITY :~-~-~ ~ CITY OF BOCA RATON Purchasing Division/City Hall 201 West Palmetto Park P, oed Boca Raton, Florida 33432 ' · ~ ~ Proposers shall submit three sets of the proposal (one marked origin~ a~j~,tWp copies) in a sealed, opaque en~vel0pe marked as noted above. A proposer may submit tfi~; proposal in by personal delivery et I~y mail. - ,' - THE CITY MUST RECEIVE ALL PROPOSALS BY $:00 P.M. ON January23, 2001, Tl~e CITY cautions proposers to assure actual delivery of mailed or hand:delivered proposals directly to the CI ,~s Purehaeing Division at City Hall, 201 West Palmetto Park ..Road in Boca Raton, Florida pH0r~to the deadline set for receiving proposals. Te ephOne~confl~mafion of time y receipt o.f the proposal may be made by calling (561) 393-787-1, before proposal' closing time. A proposal received by the City of Boca Raton Purchasing Division after the:esta~bli's.~ deadline will be ~etumed unopened tO the proposer. Proposers may withdraw their proposals by notifying the CITY in w~ifing at any time pder to the ne fo ' re sa Submitta After tl~e deadline, proposals once opened become a public record of dead' ~'~..,..1~..~ . '. .............. Alnroecealssubmittedshallbevalidforaperi°d the CiTY e~!Will not N re[ur~eo [o ul= p, uvv~,~ .......... of ninety (90) calendar days from the day of proposal opening_ 'n osats are subject to public d sclosure cons stant with Chapter 119, Florida Statutes. Upon opera g,~prop . - ' th ' ~e$; naa to the RFP, and tnvoke the exemptions to d sclosure provided by law ir~ e .po .... Preposersmu~S .-. · cnexc~u~u- ,,~,,, ~ ~ · rotectad state the reasons wry su identi the data or other malaria s to be p t must .. ,~ ~, · ' '~' ~d! a s cific statu ory public disClosUre Is necessary and the legal bas~s for such exemption, inc ng pe citation for sUCh exemption. 1 ~"~'~'~ Price ~ ~ ,.~ ~ . ~.. ~ ~o~,;on ~.~;I,N. 31~1~2~ DUNS ~ T~ $TEVEN [VANS Pfle~: 56~.742-~ ~ CITY OF BOY~TON ~CH ~9 W. ~OYNT[~ B~CH ~LVD. BOYNTON B~CH, FL 2-3 W~ Ai~ Freight 17334 ~mpm ~i~tubi~ ~g~ut the ~mple Pat~- Includ~Moi~t~C~l S~tem (MC~, Trap P~m C0~oI ~PC), Mi~pr~r~tml~ ~st~- ro er (had-he ~ Tekb nk) a GO or GC~S I ~749t~ 5mi s~le ~O,AQUATek 70 $74.~ ~ 14-7~ $OLA~ 72 IAQ~ek 70 e~al tap dnse ~ ~ng, ~le va~ a~ ores~re ~ulator a~m~. z/:zz o~e5~ TE~R DOHRNANN SVC PhGE 82 REQUEST FOR REQUISITION H.T.E. ENTRY DATE: . 010302 H.T.E. REQUISITION # 19257 Clerk: Gmb Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Replaces an 11 year old instrument system used to test for trihalomethanes and volatile Organic compounds. . ~ VENDOR INFORMATION: DMSION: OTHER INFORMATION: Name: Tekmar-Dohrmarm Admin. ( ) Date: 1/3/02 ASAP Address: 7143 East Kemper Road Conswactio~i ( ) Date Needed: Confirm. ~_ P.O. Box 429576 Cnst. Rel. ( ) ' ASAP/Conf. - Oincinnati, OH 33432 Distribution ( ) IIACKUP DOCS. DELIVERY: ' SUBMITTED: Phone (contact): John Fernandez Lab X Quotes/Verbal ( ) E. Admin. 40 (over $500) (800)874-2004 Pumping ( ) Quotes/Written ( ) E. WTP 41 (over $2000) ~ Vendor Number: 4398 PWMaint. ( ) BidDocs. X W. WTP 42 PWOps. ( ) Sole Source Ltr. ( ) P/U 99 INITIATOR: Steve Evans Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Strmwtr. ( ) Project Number: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obj Amount 1 Tekmar 3 t 00E sample concentrator Aqua Tek 70 liquid autosampler and All associated accessories (see itemized list) Project # WTR,.1-3~ 405 5000 590 96 02 27,046.00 O:ksac-assistance~requisition blank.doc L l 41M ed: .lanua~ g, 2002 Steve Evm~s City of Boynlon lJeach 5,*69 Boymon Beach ENd Boynton Meach. FL 33437 Dear St~vc: Shimadzu Scientific is ~lling t~ ~xtend,the pricing thai thc C'i~ ofBo~ ~on r~ivcd in thei~ R~uest R>r Propo~ ~ 2(J0 [-Cq4 ~ t!m Ci~' of Boynmn l~eack. I'his offer will czmnd tim)ugh April 1. 2002. If you have any fu~her questions yc~u can reach me at 727- 867:2056, Sincerely K~n Jo'nc,~ Building Strong Customer Bonds :3070 Bu~ncs~ Penx. Orlve ~ite H, NorcPoss. GA ~0071. ' m,s,/k - 770-4zII-0018 - Fax:770-44'b7g157 · ntt~/A, ewAz.~himadztl,com TARGET A~ENDA DATE: Fel)rua~ ~'7, ]uu~ Subject: Gas Chmm~atograph/Mass~l;~ectrometer ' Replacement RFP Number: 2001-024 Department: Utility Services Procurement Method: Competitive Sealed. P~oposal RFP Opening Date: January 19, 2001 5 REP's Solicited 0 No-Response 5 Responses Award Amount: S40,034 ~ ~l~imadzu Award to: GA. Scope: T~i~ and and ~ 12 year old unit, which ~ nq longer supported by the manufacturer. ~ :' The se~ectio~ committee deterr~ined award based on the evaluation criteria outl ned in the~ ~.equest f0t proposal. The evaluation criteria consisted of price, m~eting/ex~dir~g functionality requirements, qualifications ofth~ firm training schedule and delNery time. Tl~e foliow[~!g proposals were received and evaluated by the Selection Committee: ~in.Elmer Instruments, LLC Shim=~,u Scie~,tific Inst~ments, thc, Vadan. {,W . Funding Source(s): Approvals: : US/Water-Sewer Machinery & Equip. Buyer: Sr. Buyer: . 470.4299-536-6405 Purchasing Manage~ C-~" i=ina~cisi Services Directoc. ~ OMB DirectOr: Assistant City Managec. RATING SHEET RFP NO. 2001-024 Ga=; Chromaf,~graph/MaasSpectrometer System Criteria Available Points t )Price 0 - 55 Cost of Equipment Agilent Perkin Elmer Shimadzu Thermo Finnigan Varian $B2.65l $67.140,90 $40.033.75 $73,725 $$6,207.79 < 4000> < 2,786,28> $78.651 $~3,421.51 28 Points 32.8 Poir~s 55 Points 29.8 Points 41 Points 2)Meeting/Exceeding Functlenality Requirements 0 - 20 Equipment Functionality Technical $oundr~ess of PropOsal subm~ed Documentation-Administmt0r/Llse~"Mariua[s 3}Qualification$of the Fim~ 0 - 15 Experiencein Stated Criteria ?a.rranty-Service!Customer~uppOrt 4)Training Schedule & Features 0 - 5 Training Agenda QUal~cations of Trainer - S)DeiiveryTime 0 - 5 Total Points: I00 Points Price F~r~ctionality Qu~lifica~iouS Tr~mng Delivery { To~a! Group Evaluation macl~ by tt~ following Selection Comrrjttee Members: Nalne Dam / FOR PROPO~ RFP NO. 2001-024 Gas Chromatograph/Mass Spectrometer System City of Boca Raton City Hall Purchaaing Division 201 West Palmetto Park Road Boca Raton, Florida 33432 (561) 393-7871 11/2~/2001 ll:SG 5617310065 OITV OF BOVNTON PA~E 06 TABLE OF CONTENTS RFP NO. 2001-024 PART I GENERAL INFORMATION PAGE 1-1 Definitions RFP-1 1-2 Purpose RFP-1 1-3 Proposal Submission and Withdrawal RFP-1 1-4 InvitatiOn to Propose RFP-2 1 ~5 Developments Costs RFP-2 1-6 Inquiries RFP-2 I =7 Addenda RFI~-2 1~8 Selection process RFP-2 1-9 Award RFP-3 1-'10 News Releases RFP-3 1-11 Licenses RFP-3 1-12 f Crimes RFP:3 1-13 Code RFP~4 1-14 Place RFP~4 1-15 RFP-4 1-16 RFp~.4 1-1'7 1-18 PART II STA;EMENT OF WORK 2-1 WO~ ~bjecfive RFP-7 2-2 Terms & Conditions RFP~7 PART III INST~CTIONS FQR PREPAR NG PROPOSALS 3-1 RFP-10 PART IV 4-1 RFP-12 Attachments Pdce Proposa Form RFP-13 Qualification Ques~e~naire RFP-14 System Functional~hecklist RFP-17 Acknowledgmentof B~ usiness Type RFP-18 Statement of No I~esponse RFP-19 DnJg Free Work P ac~e Form RFP-20 GENERAL INFORMATION PARTI RFP NO, 200t-024 t-1 DEFINITIONS 1-2 PURPOSE ~is Request for Pmposa s (RFP) provides guidelines for - ' Gas Chh Spe~rometer System for use by the R~on Util~Se~i~s " Cl~ OF BOCA ~TON Pu~asing Division/Ci~ Hall 201 West Palmeffo P~k Road :' BO~ RMon, Florida 3~32 To facilitate p~ing please ma~ No_ 2001-024, ~as ChromatograPh/Mass S~Mrometer System. proposeffs tatum address. Pmposem shall submit three sets of the proposal (one ma~ed 0dginal and ~o copies) in a sealed, opaque envelope marked as noted above. A proposer m~ su~mit the. proposa in by personal delive~ or by mail. THE CI~ MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON Janua~ ~9 2001. ~e CI~ ~ions proposem t~a~um a~ual delive~ of mailed or han~e~ivemd proposals directly to the Cl~s Purchasing D~lsion at C~ Hall, 201 West Palme~0~a~k Road in Boca Rain, Florida pdor to the deadline set ~r m~iving proposals. Telephone con~{~on of timely m~pt of the proposal may be made by ~lling (561) 39~7871. befom~prOpo~'~ng time~ A ~osal m~ived by the C[~ of Bo~ Raton Pu~asing Division after the establi~ dead ne w ~ mtum~ uno~ned to the proposer. Proposers may w~hd~w their proposals by noticing ~e CI~ in wdting ,at any time p~ot to the deadline for pro~sai subtotal. After the deadline, proposals once o~n~ ~me a public the CI~ and ~11 not ~ returned to the pm~sem. All proposals submiEeB shall be valid for a pedod of nine~ (90) ~[endar days from the day of proposal opening. Upon opening'proposals am subje~ to public disclosure consi~nt w~ ChaPter 119, Fiodda StatUes. Pro~sem must [n~oke ~e exem~ions to dis~osure provided by law in the ~s~nse to the RFP, a~ must ident~ ~ ~ata or other m~erials to ~ pm~ed s~te the reasons why ~public disclosure is n~ssa~ and the legal ~sis for such exemption, in~uding a ci~tion for such exemption. ~" ~ SI.-IIMADZU PRICE QUOTATION Number When O,dcring; ¥0: Ggr) PPD & ADD; Thank you for your interest in Shimadzu. PI.e^$~. $r.£ ATTA('II~:~) 'rz. Ms ANt) CONtlrllON$ $al~ £n~[inecr Ca~oralc Office Reference: $E020001 Page 1 ~an-03-O~ 11:~3 Shima~zu Scientific, GA 770-~1-79~7 P.03 SHIMADZU PRICE QUOTATION - Roferonce: $E0200~11 Page 2 of Item Part · Name and [~escriptio. ~ty. Unit Price Staii~/I ~.inch monier and Lab Soloti~. So.ware for GCMS 2 ~2~789~1~ N~T l.lbr~ry~f~p~ ~ft~ have ~ b.n e~] ~ mhuse or abu~ Total List Price Teml Discount ~,~s t.=~ Total Sales Price OFFICE iso0) 477-1227 AUTHOfilZED SIGNATURE REQUEST FOR REQUISITION H.T.E. ENTRY DATE: 010302 I-LT.E. REQUISITION # 19254 Clerk: Gmb Procurement Ass't: Director: City Manager (non budgeted capital and/or $5000+): REASON FOR PURCHASE: Replaces an 11 year old instrument system used to test for trihalomethanes and volatile Organic compounds. I DMSION: ' OTHER INFORMATION: · VENDOR INFORMATION: ~ ~ , Name: Shimadzu Scientific Instruments Inc. ] Adrojn. (), Date: 1/3/02 ASAP X Address: 7102 Riverwood Drive Construction ( ) Date Needed! Confirm. -~- ( ) Columbia, MD 21046 CUSL Rel. ( )i ~ ASAP/Cont5 ( ) Distribution ( ) BACKUP DOcs. ' DELIVERY:~ SUBMITTED: Phone (contact): Ken Jones Lab X Quotes/Verbal ( ) E. Admin. 40 ( ) (over $500) (727) 867-2056 Pumping ( ) Quotes/Written ( ) E. WTP 41 ( ) (over $2000) Vendor Number: 7623 PWMaint. ( ) ' Bid Docs. X W. WTP 42 ( ) PWOps. ( ) [ Sole Source Ltr. ( ) PFU 99 ( ) INITIATOR: Steve Evans Sewage ( ) Insurance ( ) Special Instructions: Requirements: APPROVED: Slrmwtr. ( ) Project Number: Quan. Unit Price Description & Part Number Fund Dept Basic Elem Obi Amount 1 Gas Chromatograph/Mass Spectrometer, Model QP-5000 & Accessories (see itemized list) Project # WTR4-30' 405 5000 590 96 02 40,0337.00 lcd3 U:\lab\requisifion tekmar-dohrmann 1-3-02.doc V'rT.-CONSENT AGENDA I'TEM B.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrrdssion Date Final FormMust be Turned Requested City Comm/ssion Date Final Fo~'c~,~ ust b~F~d~.~.~ Meet~n~ Dates in to CiB Clerk's Office Meeting Dates in to Ci___._.:_s O [] November20.200I NoveraberT. 2001 (5~00p.r~) [] Januar> 15.2002 lanuary3,2002(5:00¢m.) [] December 4. 2001 November 21. 2001 (5:00 p.m [] February 5. 2002 lanuary 16, 2002 (5:00 p.m.) [] DecemberlS. 2001 Deeember5,200l (5:00p.m.) [] FebmaryI9,2002 February6,2002 5:00p.m./ [] January2.2002 Decemb6rl9.2001 (5:00p.rm) [] MarchS,2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal '~ Bids [] Unfin/shed Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: A motion to award the "PURCHASE OF ONE (1) NEW AND UNUSED FRONT LOADING SOLID WASTE COMPACTION UNIT, MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS", Bid #015-2516-02/CJ1), to ATLANTIC TRUCK SALES. INC. of Ft. Lauderdale, Florida, in the amount of: $134,954.00. EXPLANATION: On December 4. 2001. Procurement Services opened twelve {12) proposals for the bid referenced above. All proposals were reviewed and it was determined that Atlantic Truck Sales. Inc. of Ft. Lauderdale is not the lowest, yet is the most responsive, responsible bidder who meets all specifications. Fleet Administration along with the Solid Waste Division operators feel that this unit best meets the bid specifications requested for the cab. The Sterling Cab offers excellent ergonomics for the operator and passenger. The purchase of this compaction unit will replace unit #89. Jeff Livergood, Public Works Director and Bob Lee, Fleet Administrator. concur with this recommendation (see attached Memo #02-005). PROGRAM IMPACT: The purpose of this bid is to purchase one (1) new current production model. "Low Cab Entr~", 40 cubic yard solid waste collection vehicle for use on various commercial container routes. FISCAL I1VI~ACT: BUDGET ACCOUNT NO. BUDGETED ANIOLrNT: FLEET REPLACEMENT 501-2516-519.64-31 $156,000.00 EXPENDITURE: $134.~54.00 SAVINGS: $ 21,046.00 Purchasing Agent / ~ City Manager's Signature // Procurement Services ~ Department Name City Attorney / FLnance / Human Resources SSBULLETI~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Jeff Livergood - Public Works Director Bob Lee - Fleet Administrator File RECEIVED DEPARTMENT OF PUBLIC WORKS MEMORANDUM #02-005 To: Bill Atkins, Deputy Director of Finance Thm;,.. Jeffrey Livergood, P.E., Public Works Director~(?/''~ From: Robert H. Lee, Subj: Solid Waste Vehicle Purchases Date: January 29, 2002 Fleet had advertised for several special refuse collection ~ vehicles by way of various bids. This process has taken place over the past several months. With the.budget freeze being lifted on the first of February, I would like t° award the bids to the successful vendors. ~-~ Current budget projections for the Solid Waste Division of the Public Works Dc-pmitiient has Fleet Administration purchasing five new resources to replace seven existing resources currently assigned to Solid Waste Division. 'In reviewing the bids, Fleet Administration along with Solid Waste would like To award the bids for the purchase of four of these resources as listed in the following paragraphs. Recycling unit #81, commission approval for replacemem with funds in the mount orS111,679.00. The Solid Waste Division has proposed a program to stream line the Recycling program. Working with existing resources and route consolidation, this resource purchase will not be necessary during this budget year. I recommend that these funds remain in account #501-2516-519.64-31 for future purchases. Bulk Trash transport units #71 & #72, commission approval to replace two units:fOr one new unit in the amount of $55,064.00. These dollars are: available in the Fleet Replacement account, #501-2516-519.64- 31. Fleet has processed a bid for this purchase. Bid #098-2516-01~ opened on September 2-5, 2001, with a ~tuoted price of $52,367.00. This is a budget savings of $2;697~00; Fleet Administration would like to award this bid to, 33312 approved · the ~ Fleet replacement aceount responses oi December 4~ Track ~of $2.1, on this mack. operators, For the cab. After viewing this Yehicle, botch ] e! Maintenance,and Solid Waste would like to award this bid o, Southern Sewer E~uipment Sales 3409 Industrial 27m Street Fort Pierce, Fl. 34946 ' : u ie: The bud t vehcle,~ n ~9:2 , ge 5n-the amount of ,, /~ ~. o3> x m~ wO (~ o. iTImzz c~ o z ;o ;o~ ~ ' 00 oo ..~ ¢n_ _ rtl 3:, ~0 x m rn m o3 ~ > o ~ m~: 0 rr o.~ ~ ~ o .o c ~ m rd m -> -0 zm ,z m o ~>~ Z O> 0 ~ '< , ~ m rrl~ ~ m ~o m > E~'~ m z ° ~ m ~oo m z ~ ~o~ BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynmn Beach, Florida 33425-0310 Telephone: (561) 742-6323 Mailing Date (City): OCTOBER 25, 2001 Bid Title: PURCHASE OF ONE (1) NEW AND UNUSED FRONT LOADING SOLID WASTE COMPACTION UNIT MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS Bid Number: #015-2516-02/CJD Bid Received By: DECEMBER 4, 2001, 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: DECEMBER 4, 2001, no later than 2:30 P.M. (local time) and ma~ not be withdrawn with/n ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. A Corporation ofthe State of: ~-~O,~ / ~ Area Code: ~,5~- Telephone Number: ~,~-e~ 7 Area Code: f~'.~ FAX Number: 777 Vendor Mailing Date: Authorized Signature .. -. Name Typed THIS PAGE TO BE SUBMITTED ALONG WITIt PROPOSAL 23 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH. FLORIDA To All Bidders: The undersigned declares that he has careful}y examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of equipment called for. ~When ~submitting more than one bid proposal price for .~tl~s ~u~pment, indicate how many h~dividual ~g,~d/or combinatio~ item(s) are to be tabulated41nd eOh~idered. Attach a separate The undersigned proposes to deliver the equipment in accordance with the specifications for the TOTAL a notr rr ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the product will be delivered within/q3'O calemlar days from the date of .... the Purchase Order from the City. Number of Bid Proposal prices submitted 07- Specification "check-oW' sheets (Pages 1,12) submitted ~ Warranty information enclosed? ~ Yes/No CAB & CHASSIS MANUFACTURER CAB & CHASSIS MODEL DUMP BODY MAI(UFACTURER DUMP BODY MODEL THIS PAGE TO BE SUBlVIITTED IN ORDER FOR PACKAGE ~_. TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24 BID PROPOSAL CONTINUED .......... COMPANY NAME SIGNATURE PRINTED NAME TELEPHONE NUlVIBBR TITLE PAGE TO BE SUB1V~TI[ED IN ORDER FOR PACKAGE TO BE CONSIDERED COMI'LETE AND ACCEPTABLE 25 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my frrm or by an officer of the corporation. By: Sworn and subscribed before me this ~Q Dayof N[(~A~-~r , 20 C,! Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida COMPANY EXPIRES: Jure 7. "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITI:{ PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 26 CONFIRMATION OF MINORITY OWNED BUSINESS A reques,ted form to be made a part of our files for furore use and information. Plebe fill out and indicat~ 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. ( ) ~vmmc~xq .n~tx~ ( ) ASIAN I ) BLACK ( ) HisP~,r~c ( ) WOMEN ( ) OTHER (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES NO ~ If YES, name the Organization from which this ce~ification was obtained and date: Issuing Organization for Certification Date of Certification TIdlS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 27 CONFIRMATION OF DRUG-FREE WORKPLACE iDENTICAL TIE BiDS. Preference shall be given . r of Boynton Beach or by or conu:actual sermces, ~at it has implemented a drug- free workp}ace program dlSp~ing, possession, or u? oLa coh~0!le'd: substance iS ip~o.hibited in the worl~ptace an ~fying ~e actions :that Will: b6 it akea ~ain~t ~n/pt~eqs:~f~:~.'O~lafi°ns :o f.~sueh prohibition. 2) Inform employees about the dangersofd~ugahuseinthew0~kplace, thebusiness's policy of maintaining a drug-free workplace, any ~,~ailable' .drag. ~ounseling,/rehabilitation, and emPloyee 'assistance prograrn.s,;a~d~the I~S :that may ~: maposed~up.on employees foF 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 ih subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of worlfing 6n 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 pica of guilty or nolo contendere to, .a/sy violation 0f Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require, the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to mmntain 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. Vendor's Signature TItlS PAGE TO BE SUBMIT'rED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 28 SPECIFICATIONS FOR ONE (1) NEW FRONT LOAD[bIG SOLID WASTE COMPACTION UNIT, MOUNTED ON A CLASS 8 DIESEL POWERED CHASSIS. It shall be the intent of these specifications to describe a "Low Cab Entry", 40 cubic yard solid wasm collection vehicle, for use on various commercial container routes within the City of Boymon Beach. Any mention of Manufacturers brand names shall be for descriptive purposes only. The city of Boynton Beach, hereinafter referrcc[ to as the "City" shall reserve the right to be the sole and final authority in determining what is Equal or Superio~ where the term "Or Equal" is used. The following items are intended to describe the needed specialized equipment that shall be included in/on the unit. Failure m mention any specific items normalty:~upp,![ed~with or need to complete th~ unit shall not alleviate bid venders responsibility to suppi~), and install such i~ems. Please place an (X) on the blank line next to each item if a specifica,ti0¢ ~et~ I~ exc~tion is taken (alterr~tives), bidder m.~,t explain USmg~.a ,eparate~ sheet q~?p~. Bf~der ~must submit specifications "Check Off sheets with the proposal sheet in order f6t a'bid .to.be Congidered. Vendors are invited to submit existing, demo, or stock units as part of this bid. The City wilt; have exclUsive fights to decide which truck best suits the needs of/he(~.ity o£Boynton Beach,-- based on time for delivery, cost, equipment options or any other criteria;t~ Cie'feels necessary, The City reserves the right to waive specifications-in selection of an ~cc~table ~t. The following shall apply; CAB & CHASSIS: ~ ENGINE: Electronic Diesel engine, liquid cooled, with a minimum of 305 lip ~ 2100 RPM, 1150 lb/ft, of torque ~ 1100 RPM. Heavy duty cooling system with permanent antifreeze. Dry type air cleaner with service (restriction) indicator. Exhaust, single, horizontal muffler mounl with down spout. Engine protection system, at a mimmum must be activated by low engine oil pressure and overheating. System shall have a visible alarm for Iow oil pressure, overheating and low coolant level, with automatic engine shut down feature. Engine mounted check & fill. Air intake, vertical snorkel, bonnet and high capacity air cleaner. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 1 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED.... ELECTRICAL SYSTEM: · Mir~um~'i30 amp [~ ~61t alternator; Bar~efie~;~ l:Tvolt.: c~6up 31 With t~aded ~tuds: . Ba~e~ box to have non-metallic cove. aounted. ~ES ,~ ~SPENSION: Froa~ ~u~i~ ~00oo~ nat ~f. Front shock abso~em Front ste~ng, ~1 S~eW Plus. Re~ ~Ie~':~al, 46000~ Spring d~i~ ;qu~ to ~le capaciW. Re~ ~:~o, ~:6o b~ngs. Dfi~c~e~iffer~t~fl lock. PERFORMANCE ITEMS: Factory installed speedometer, odometer, ammeter or voltmeter, fuel gauge, engine oil pressure gauge, coolant temperature gauge, tachometer, air pressure gauge and dash in0imtea Cng]ne hour meter. Power steering. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 2 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED .... ~_ COMFORT ITEMS: ~. Air conditioning integral -with heater defroster and containing RI34 refrigerant (CFC Free). Factory installed AM-FM radio. Arm rests, interior o fright & left doors. Sun visors right & left sides. Factory tinted glass all windows, including windshield. Rain shields over right & left door windows. (If available) _ SAFETY ITEMS: Dual air horns. Dual electric horns. Road hazard warning kit. (secured in cab) Fire Extinguisher, 10lb. (secured to the street side of the compaction body) Power adjusting mirrors. Four, 9" convex mirrors. Mount two on left & two on right exterior rearview mirrors. Automatic / adjustable back up alarm. Exterior entry grab handles on the right & left sides. Multiple steps on right & left side for ease of entry into the cab. Daytime running lights. Intec CVC 210HXL rear vision camera system. BRAKES: ABS air brake system, minimum 13.2 cfm air compressor. Air reservoir(s) with manual moisture ejector valve(s). Manual moisture ejector valve(s) to be mounted on bottom of air tanks. Spring applied parking brake with in-cab parking brake control Automatic slack adjusters front and rear. Low att pressure warning indicator. (alarm & light) Dust shields on front and rear. Air d_*yet system required. ~f__ TIRES & WHEELS: Front, 425/65R22.5 One spare wheel for spare tire. Rear, 111122.5 Two spare wheels for drive tires. All wheels to be one piece steel disc, 10-hole, hub pilot mount. THIS PAGE TO BE SUBMITTED ALONG 'WITH PROPOSAL IN ORDER 3 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE BID SPECIFICATIONS CONTINUED ...... ~ CHASSIS FRAMe: Standard front bumper. · ~Fa~t,ory installed fuel tank :withminimum .75.:gallOn :capacity Frame mounted tow hooks on/rom. Cab to. axle, based on factorY recommendations for.loaderbody Frame len~, based on faqto~ recgmmendation~ for loaderbody. Frame, minimum 2,750,000 in-lb RBM. ~'~ CAB EQUIPMENT: Confi~ed for refusese~ce as ~i~ront Loader. Low a um um, Setback front axle. Lei .haiid' steering. Tilt& Te!eseol~ing steering column. ¢~b tame~cllism, air operated hydraulic pump. Ca~il~i~id~;.:'~' ,llydraulic laches. Kcy;an~:lock set, all keyed the same. ~D~..~at; ~-'.~back, air operated. Right s~, single standard. Manufi~cture standard white exterior color. ~facture dark gray imerior color. ADDITIONAL ITEMS: One full set of Chassis Cab shop service and repair manuals. A "CD" is acceptable. _~ MISCELLANE©US: All warranty information on Cab & Chassis to be provided at time of bid. Warranty start up date, date ofdeliveu of completed vehicle. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL llg ORDER 4 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ' BODY CAPA~:I ~ 'd': A total of 40 Cubic yar~s. The nmin body will have 28 cubic CONS'I'RUCTION~ Packer lx~y, ~l~Me wilh fl~ ~ ~ ~)c~. Ropper Poor d~ned m ~ handle eontnin~s ~ 1-10 cubic yanl cap~ity. SIDE WALLS: ROOF ~ l ~5 Fa~vn~l ve~cal body ~d~ bo~ shall be ~/16", ~,000 pSI minimum ytekl, u~lng lfOR ~ PAC'K~GE TO IMI: CONfII~IZD COMittrl~ A]qD AC~r,]~ABL~ 11/26/2881 22:47 ~0788&8718 R~SS LOOMiS PAGE 83 ~ SPRCIFICATIONS.~I~D~ ......... q,~ Rem' vet'~ body side bolster shall be 1/16'*, 80,000 1~I ~ yield, ,.~.~.~_For~ body ~ cross membera slmll be minimum ? ~ 80,000 PSI'minimum *~.m5 BODY LONGtTUDINALS: Slmll be n~timum 3/16", 80.000 PSI mlnimmn yield formed box m:~on. S1DI~ ACCHSS DOOR: Tb~ side acce~ d°°~s) duq b~ l°catmd at the very fr°nt °f the hopper alu (risht I left or both sides) with a minimmn BID SPEL'~aFICATIONS ~CONTINUED ~X~_ R~m- of ~ S~G TOP .~: A hy~a~.~ sl~ ~ ~ wffi ~ ~i~ PACKING MECHANISM: actuated gaek~ tmvea'fiflS a minimum of 83" into the 321, fa~ will will b~ Abrmioa rc~stant wcar bat3 (145,000 PSI minimum yield) dudl be clmt Io ~ (Vanlcal ~) tack wear bar. The ruils shall b~ %% 80,000 PSI miflimum yieM lcaSth, u~ :~/16" As'rM A.n00 Ca'ud~ $ welded M ~ imid¢ THIS PAG~ TO BE SUBMITTKD ALONG Wa-itt i~tOINMAL 1N ORDER ? FO~ B~D PACF~GE TO lie CONSIDEBED COM]PI~TB AND &CC3EPTABLK il/2~/2001 22:4T ~078~5~,,., RUSS LO0~IS PA~E 07 BID SPECIFICATIONS CO~D .... __ PORKS: 9 will not be ~cccpt~blc. 1 -P~'ic ~,.~rd ~ e,b~dl be inmllcd owr ~11 bisb preesuneboece' 11/26/200! 22:47 ~0788~0718 ~ t_OQ~ltS P~C.~ 88 ~=se.The tnnin consol valve(s) will be a stnc~ design with telicf~ prevent overlomi Valve ea~ will be pro~ d~ to operate all hydraulic c~m~muenls at p~n.n ratod GPM and PSI, crimp type cmmectme with shri~ wrap. Unprotected wiring in any application is ti/2S! 2881 22:47 ~078868718 ~55 L~3~iS PAGE BID SPECIFICATIONS CON~'LrqUED ....... e~eanin~ s~ be in it~pinS OPTIONS: On~ riO! ~ o~' ~ mai,nl~o'mn~ ~ a~l pe~ manua~ Can I~ PAGE TO 1~ S~o'BMk/ta;D ALONG Wl~ PIIOPOSAL IN OllD~t 12 FOR BID P&CICAGE TO BE CONSID~itgD ~ ,riND ~A~Lg VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM B.3. AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turaed Requested City Corormsston Date Final Form Must be Turned Meetin~ Dates m to City Clerk's Office Meeting_ Dates in to Citw Clerk's Offi~''~- .. [] November 20, 2001 November 7. 200] (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.ro-) [] December 4. 2001 November 21..2001 (5:00 p.m.) [] FebruaD 5. 2002 January 16. 2002 (5:00 p.m.} -- [] DecemberlS. 2001 DecemberS. 2001 (5:00p.m./ [] February l9. 2002 February6,2002 5:00p,m.i [] January2.2002 Decemberlg, 2001 (5:00p.m.) [] MarchS, 2002 February20,2002(5:00p.m.) [] Administrauve [] Development Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal _'~ Bids [] Unfinished Business [] Announcemem [] Presentation [] City Manager's Report RECOMIV~NDATION: Motion to award the "PURCHASE OF ONE II) NEW, DH~;SEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLE", Bid#I00-2516-01/CJ-D, to ' "SOI~'IHERN SEWER EQUIPMENT SALES" of Ft. Pierce, Florida in the amount of: $76~603.00. EXPLANATION: On September 26. 2001, Procurement Services opened eight (8) proposals for the bid referenced above. All proposals were reviewed and it was determined that Southern Sewer Equipment Sales of Ft. Pierce is the lowest, most responsive, responsible bidder who met all specifications. This purchase was temporarily delayed due to budget concerns within the City: therefore, Southern Sewer has agreed to extend their original (90) day proposal price through February 28, 2002 [see attached letter). The purchase of this refuse collection vehicle will replace units #66 & 67. Jeff Livergood, Public Works Director, and Bob Lee, Fleet Administrator, concur with this recommendation ~see attached Memo #02-005). PROGRAM IMPACT: The purpose of this bid is to purchase one (1) new, current production model, diesel powered refuse collection vehicle. FISCAL IMPACT: BUDGET ACCOUNT#: BUDGETED AMOUNT: FLEET REPLACEMENT 501-2516-519-64.31 $81,064.00 EXPENDITURE: $76,603.00 SAVINGS: $ 4,461.00 ~ Purchasing Agent / ' · ' / - 'City-Manager's Signature Procurement Services SSBULLETtN~FORMS~AGENDA ITEM REQUEST FORM.DOC C: Jeff Livergood - Public Work~ Director Bob Lee - Fleet Adrnini$~ator File RECEIVED JAFi ~-0 ZOO2 DEPARTMENT OF PUBLIC WORKS MEMORANDUM #02-005 To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergood, P.E., Public Works Director~~q~ From: Robert H. 1 Subj: Solid Waste Vehicle Purchases Date: January 29, 2002 Fleet had advertised for several special refuse collection ~_ vehicles by way of various bids. This process has taken place over the past several months. With the budget freeze being lifted on the first of February, I . would like to a~a~ the bids to the successful vendors. Current budget projections for the Solid Waste Division of the Public Wor~DePatia-ent has Fleet Administration purchasing five new resources to replace seven existing resources currently assigned to Solid Waste Division.' inrexdewing the bids; Fleet Administration along with Solid Waste would tike -to: award the bids for the purchase of four of these resources as listed in the following paragraphs. Recycling unit #81, commission approval for replacement with funds in the mount of $111,679.00. The Solid Waste Division has proposed a program to:stream line ~e Recycling Program~ Working w.,!th e~?ting resources and route~consolidation, this resource purchase wm not oe necessary during this budget year. I recommend that these funds remain in account #501-2516-519.64-31 for futurePurchases. Bulk Trash transport-units #71 & #72, commission approval to 31, Fleet has processed a bid for this purchase. Bid #098-2516-O1/KR, opened on September 25, 2001, with: a quoted-price of $52,367.00.-This is a budget savings of $2,697.00. Fleet Admin~slzation would like to award this bid to, Aflantk 333~2: [ and reviewed on responses on De~ember 4th, 2001. : Track Sales, Inc $21 bid on this truck, operators, . for the cab. Inc. offers excellent ergonomic transport units #66 & 67, commission approval for the t Units for one new unit in the amount of $81,064.00. Fleet has receiwed a qgo!e for one new collection and transport unit from lales in the amount of $76,603.00 under bid #100-251fi~01 sunder budget by $4,461.00 dollars. After wewmg thm:v~¢ e, both Fleet :Maintenance ancr Solid Waste would like to award this bid to, Southern ~S~wer E,tc[u,~pment Sales 3409 IndU.~trial 27t Street Fort Pieree, Fl. 34946 The last c~ scheduled for #92. The budget of of this this :., L~lVI$1On. .~ The City of Boynton Beach Procurement Services ,oo E. ch ou .rd P. O. Box310 Boynton Beach, F~H~ 33425-0310 Telephone: (56D 742-6320 F~: (561) 742-6306 NOV 8 2001 PURCHASING DEPT. November 2, 2001 Southern Sewer E~pment Sales 3409 Industrial 27~'h ~treet Fort Pierce, FL 34946 Attn: Sherry Denmon Dear Ms. Demon, Thank you for responding To our Bid#100-2516-01/CJD "PURCHASE OF ONE (1) NEW, DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLEBOOM REFUSE COLLECTION VEHICLE". At this time welhave a freeze on all purchases of fleet vehicles until possibly sometime in January 2002. Therefore, we would like to know if you are willing m extend your bid prices until the end of January, 2002. Please indicate yom response on the following page and return it to Procurement Services at your earliest convenience. We look forward to working with you. If you should have any questions, please feel free to call my office at (561) 742-6323. Sincerely, Bill Atkins Deputy Director of Financial Services Cid C: Central File Bob Lee- Fleet Administrator File NAME OF BID: "PURCHASE OF ONE (1) NEW, DIESEL POURED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLE" BIDff: 100-2516-01/CJD Agreement between the City of Boynton Beach,~Owner; and SOUTHERN SEWER EQUIPMENT SALES (Comvanv~s Namel Contrac~t ~x~ensionPeriod: December 26,2001to Januarv 3fl. 2002 ~t."~ y[es, I agree to e~tend the existing. Ud l~r~s un~l' Janualry 1, 2002 No, I do not wish to extend the existing bid prices until January 31, 2002 SOUTHERN SEWER EQUIPMENT SALES NAME OF COMPANY SHERRY DENMON PRESIDENT NAME OF REPRESENTATIVE TITLE (Please Print) 11/07/01 (561) 595-6940 DATE (AREA CODE) + TELEPHONE ~ER BIDDER ACKNOVfLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 100 E. Boymon Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 Mailing Date (City): AUGUST 27, 2001 Bid Title: PURCHASE OF ONE (1)NEW DIESEL POWERED, DUAL WORK STATION, 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLE Bid Number: #100-2516-01/CJD Bid Received By: SEPTEMBER 26, 2001, 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: SEPTEMBER 26, 2001, no later than 2:30 P.M. (local time) and ma~y~ not be withdrawn within ninety (90) days afier such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and-: codes of the City. Name of Vendor: S00~F~ SENFR FQUIPf~FNT SALFS Federal I.D. Number: 65-0267110 A Corporation of the State of: FLORT~A Area Code: 800 Telephone Number: 782-4134 Area Code: 561 FAX Number: 595-9171 Mailing Address: 3409 T~'atSTRIAL 2TR-I STREET City/State/Zip: FORT PIFRCF, FLORIDA 34946 Vendor Mailing Date: 09/24,01 //'.~uthorized ~"i~lature Name Typed THIS PAGE TO BE SUBMITTED ALONG ~RI'I'H PROPOSAL 20 PROPOSAL BLANK BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA To All Bidders: Date: 09/24/0~. The undersigned declares that he has carefully examined the specifications and is thoroughly farnilia~ with its provisions and with the quality, type.and grade of equipment called for. When submitting more than one bid proposal price for this equipment, indicate ~how many indi~d~.ual and/or::cOmbination item(S) are :to be ~utated and:~comider~d. Attach~ ~ separate The undersigned proposes to deliver the equipment ia accordance with the specifications for the sum of: ONE (1) NEW AND UNUSED DUAL WORK STATION . 20 FT. KNUCKLE BOOM REFUSE COLLECTION VEHICLE. CAB/CHASSIS: $ 4~,203,00 KNUCKLEBOOM LOADER ASSEMBLY: $ 35,400.00 TOTAL AMOUNT: $ 76,603.00 ALL PRICES F.O.B. BOYNTON BEACH It is further agreed that the eqmpment will be delivered within 90' calendar days from the date of the Purchase Order from the City. Number of Bid Proposal prices submitted 1 Specification "check-off" sheets (Pages 2-9) submitted YES Yes/No Warranty Information included on Cab/Chassis? YES Yes/No PAGE TO BE SUBMYI'TED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE -~, 21 BID PROPOSAL CONTINUED ................ STERLING H7500 CAB/CHASSIS ~ACTURER CAB/CHASSIS MODEL HOL-MAC PAC-MAC KB30 KNUCKLE BOOM LOADER ASSEMBLY KNUCKLE BOOM LOADER ASSEMBLY ~ACTURER MODEL 'rHQS PAGE TO BE SUBMITTED IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 CAB & CHASSIS: ENGINE: X Electronic diesel engine, liquid cooled, with a minimum of 225 HP @ 2300/2600 RPM, 485 lb. ff. ~f torqae ~ 1400/1'600 RPM, with a gov~ed engine RPM of 2600. ' Heavy duty cooling System with permanent antifreeze. Dry type air cleaner With~service (restrictiun) indicator. X Single, horizontal muffler with shor~,-down-turned tail pipe frame mortared to the right side. X E~gine protection system, at a minimum, must be activated by low engine oil pressure o e tleating. X System shall have a visible alarm for low oil pressure, overheating and low coolant level, with automatic ~ngme Shut do.wa feature. ~ ELECTRICAL SYSTEM: Minimum i20amp 12 volt alternator. X Batteries to have a mimmum total of 1875 CCA ~ 0 degrees Fahrenheit. X All major electrical systems to be protected by circuit breakers. _TRANSMISSION: X Automatic (Allison MD-3060P) close ratio, minimum 5-speed with Fro gear to accept a unitized "hot shift" FrO with pump mounted directly on the PTO. AXLES & SUSPENSION: Steel front axle-"I BEAM TYPE", with shock absorbers, 12,000 lbs. mimmum capacity. Front wheel oil-lubricated beatings and seals. Rear axle single speed, minimum 21,000 lbs. capacity. 6'/14 :Gear ratio: 4:88 - Heavy duty use in town - 30 to 45 m.p.h. Limited highway use - 55 m.p.h. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 2 '~ FOR BID PACKAGE TO BE CONSIDERED cOMPLETE AND ACCEPTABLE ~. PERFORMANCE ITEMS: X Factory installed speedometer, odometer, ammeter or voltmeter, fuel gauge, engine oil gauge, coolant temperature gauge, tachometer, air pressure gauge and dash mounted engine hour meter. X Power steering. COMFORT ITEMS: Air conditioning integral with heater delSoster and containing R134 refrigerant (CFC Free). X Factory installed AM-FM radio. X Arm rests on both doors. X Sun visors on both sides. X Tinted glass on all windows, including windshield. ~_ X Rain shields over right and left door windows. SAFETY ITEMS: X Heavy-duty self-canceling mm signal switch with traffic hazard warning switch. Dual air horns, country. Dual electric horns, city.. X Daytime running lights. Strobe lights, mounted under dump body between frame rails on rear. Fire extinguisher, 10lb, secured in cab. X Triangle warni4g kit for road hazards / break downs. SEE A_'FrAC,,H CHAS~;IS SPECIF, ICAIION.~. X ~tamlesS steel, power adjusting o- x 16" west coast type mirrors with lower convex mirrors mounted on the left and right sides. X Automatic / adjustable volume backup alarm. X Exterior grab handles on right & left side of cab. THIS PAGE TO BE SUBMITTED ALONG WlTIi PROPOSAL IN ORDER 3 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Clearance lights front right and left. to allow operator to judge front of vehicle. Four steps, v,vo on each side. X BRAKES: ABS air brake system, minimum 13.2 cfm air compressor. Air reservoir(s) with manual moisture ejector valve(s). Manual moisture ejector valve(s) to be mounted on the bottom of air tank. if possible. side location preferred. Spring applied parldng brake, with in-cab parking brake control. Automatic slack adjusters front and rear. Low air pressure warning indicator in cab. Dust shields on front and rear. X Air Dryer system required. TIRES AND _WHEELS.: Six (6) 1 IR22.5, load range G, I4-ply tubeless tires with highway tread All wheels to be one piece steel disc, 10-hole, I.S.O. hub pilot mount, 22.5 inch diameter. One Il) spare wheel, color keyed to match the vehicle. X Standard ~ont .bumper. Factory installed, fuel tank with a 50 gallon capacity. 1'11i5 PAGE TO BE SUBMITTED ALONG Yvt'l'tt PROPOSAL lin ORDER FOR BID PACKAGE TO BE CONSIDERED COMI~LETE AND ACCEPTABLE Frame mounted tow hooks on front. Base chassis will have a 260" wheel-base, 186" cab to axle. Frame shall be at a minimum 1,500,000 RBM, factory reinforced if necessary. C~_._~_~_Q__UIPMENT: Conventional cab, with tilt-type hood and fender assembly. Drivers seat, hi-back, air operate& Right seat, single standard bucket. CAB PAINT: X Manufacturer standard white paint. ~_ ADDITIONAL ITEMS: X One full set of Chassis Cab Shop Setwice and Repair Manuals. MISCELL_ANEOUS:. All warranty information on Cab & Chassis to be provided at time of bid. Chassis warran~ to start at time of delive~ to the City of Boynton Beach. Delive~ F.O.B. Boynton Beach - Fleet Maintenance 222 N.E. 9~ Avenue, Boynton Beach, Florida. KNIJCKLE BOOM LOAI)ER ASSEMBLY: PEDESTAL ASSEMBLY: An open A-fxame type to allow flexing under repeated load shocks. Swing post to be single piece, high strength solid steel (ASTM 4140) turning in (ASTM- D4020- 81 ) Nylatron bearings. X Welded spindle / head assembly is to be s~xess relieved prior to installation. '[Fils PAGE TO BE sLrBI~ITTEI) ALONG WITI~ PROPOSAL I/~ ORI)ER 5 FOR BII) PACKAGE TO BE CONSI~EREI) COI~PLETE AN1) ACCEPTABLE Boom rgtation to be accomplished by a direct drive (not a gear reduction type), 270 degree hydraulic rotary actuator with a maximum torque rating of 108.000 in lbs. The actuator must be mounted by means of a torque arm assembly. BOOM CONSTRUCTTON: · ' 4 .... / ' X Mmn boom to be comprised of two each x 8 x 3 8 thick high tensile steel tubes connected to each other at their center line to allow a shock absorbing flexing action of the boom. Tip boom to have an extendible / retractable telescopic section conU'ollable ~0m the operator's platform. Must have mechanical stops to relieve cylinder stress. r BOOM CONNECTION POINTS: Boom connection points must be equipped with replaceable Nylatron bushings and a 2 inch bolt with castellated nut to prevent spreading of the connection p~vot point. BOOM LIFTING/REACH CAPACITY: :_ Minimum lif~ capacity, exclusive of bucket weight, on outriggers shall be 3,000 lbs. at fully retracted and 2,000 lbs. at full extension. BUCKET A .SEMBLY_: X Trash bucket shall be capable of continuous rotation with no need for physical stops. This shall be accomplished by a continuous rotation bucket motor with 5,500 in. lbs. torque rating. X The bucket shall incorporate a 10 gauge smooth steel clamshell scoop for leaves and sand, a minimum of 5 ribs per side to handle branches, and a trample ram in the center for compressing trash in body. EXCEED BOLT ON H.S.H.C CLIi I'.LNG BLADES. X The bucket shall be 4 ft. long with an opened width of 5 ft. between pickup blades. These blades must 1~ high impact, tempered steel that form a reverse curve in the closed position to help prevent scalping of grass lawns. HOSE PROTECTORS No hydraulic hoses to be below the bucket rotator. X To be a transmission mounted Hot Shift power take off coupled directly to the hydraulic pump (no drive shafts). X Must be equipped with over-speed protection. THIS PAGE TOBE SUBMITTED ALONG WITH PROPOSAL ~ ORDER 6 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE HYD1LAULIC SYSTEM: X Hydraulic components shall include a 40 gallon baffled tank with suction and return filters with cut off valves for service. Tank to be equipped with a sight gauge and vent filter: All hydraulic cylinders shall be double acting with chromed rods and aluminum pistons of sufficient size to accomplish specified lifting requirements. Pump willbe Single Cowanercial type. X Pump will automatically disengage when transmission selector is placed in any gear; and will automatically re-engage when selector is placed hack in neutral. Fluid conductors will be steel tubing and high tensile steel wire braided hose, with a minimum 16,000 PSI burst. ENGINE CONTROLS: Engine control to be operated at the pre-set manufacturer's RPM, activated with the hot' shift PTO controls. OPERATOR CONTROLS: X Operator control platform to be mounted immediately behind the truck cab. X Platform to be mounted at the same height as the flame, constructed of a non slip metal walk surface and allow easy access by the operator for safe entry and exit from the work X All hydraulic loader and outrigger controls shall be available and within easy reach from the platform. OUTRIGGER STABILIZERS: EXCEED BUILT IN LOCK VALVES. Outriggers to be constructed with hydraulically powered telescoping rectangular tubing to prevent side loading and bending of cylinder shafts. X Outriggers must telescope out and down to reach a horizontal distance of 12 ff. between outer edges. Outriggers to be equipped with large steel pads to minimize damage to streets and offer extra support to the unit while loading. TI:RS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 7 FOR BID PACKAGE TO BE CONSIDEREI)COMPLET~ A.ND ACCEPTABLE LOADER PAINT: Loader must receive one (1) coat of high grade primer and two (2) coats of high grade enamel (THE REOUESTED COLOR ~S "51'EA_L"); HOISTFOR DUMP BODY: EXCEED OUAL CYLINDERS CAPACITY. X a minimum lifting capacity 0520.000 lbs. and raise ~ angle. X . All lights, reflectors, and mud flaps will:comply ~with Federal,~Do~, and,~Florida State standards. D ViP BODY FLO R: X Floor will be single sheet H/R carbon steel, 3/16 smooth plate, 8 ~de and 20' long, continuously welded to mb rails. Side will be constructed so that the front portion will be 42" high, increasing to 72" high for alignment to the rear doors. DUMP BODY SIDE STAKES: X Stakes will be a minimum of 3" structural channel, 10 each side with rear of the sides reinforced with 4" tubing to prevent side flair-out. XSiding she,ets will be rmnimum 10-gauge fiat I4fR carbon, continuously welded to the floor with in,Jet{ed channel or formed box cap over side. X Stakes will be the full length of the body continuously welded to the side sheets. X Headboard will have at least four, 3" structural steel channel posts with 10-gauge steel plate, continuo .usly welded to the floor with top rail and mb rail of 3' structural channel. X Headboard will match the 42" height of the side boards. X Sills must be 3" structural channel on 16'· centers for the full length of the body floor. X Longitudinals must be fabricated of 8" structural channel, gussetted at every other cross sill for the entire length of the body. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER 8 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE REAR DOORS: X Rear doors will be fitted at the rear of the body, fabricated of the same type of materials as the body sides and front gate. Doors will be capable of swinging completely around to the outside of the body sides with latches to hold doors securely open to the Side of the body for load discharge. The doors will be flamed around the entire perimeter with at least one on center upright brace. X A heavy duty positive 10ck, single lever operated, will be provided to tock door securely at the top and bottom with one dooroveflapping the other for security. X Door hinges will have lubrication fittings. BODY CAPACITY: X Body capacity must be a minimum of 30 cubic yards, according to the body side__ configuration. ~ Paint on exterior of body will be, "Acrylic Urethane", to match the cab manufacturer's paint code for standard white. MISCELLANEOUS: X Cargo net, load cover, will be of the mesh net tarp type with standard net rod. Cargo net will be anchored at the body side base, spnng loaded for roll-out, and equipped with an electric motor that can be operated from the operator's work platform. EOUIPMENT WARRANTY: X Warranty info_r/nation to be submitted with bid. TRAINING: The bidder shall provide a mimmum of eight (8) hours training to City staff. This training shall include both operations and maintenance on the equipment. THIS PAGE TO BE SUBMITTED ALONG V~l'rH PROPOSAL IN ORDER 9 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) :SS COUNTY OF pALM BEACH ) . . ' I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boymon Beach as a commission, kickback, reward of ~, d~e~t~2( ,or ~r~ct!y by me or any~member of my. ,firro, or by ~ officer, of the corporation. Sworn and subscribed before me this 24 Day of SEPTENBER___ 2001 Printed Information: SHERRY DENNON PRESIDENT ~~~NI~TAR' PUBLIC, S ' TITLE COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 23 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for furore use and information. Please fill out and indicate in the appropriate spaces provided which_: category best describes your company. Return this form with ~/our bid proposal sheet making Ran official part of your bid response. ( ) AMERIC,XN INDIAN ( ) ASIAN I. ) BLACK ( ) msP~dqlC (x) WOMEN ( ) OTHER ~- (specify) Do you possess a Certification qualifying your business as a "Minority Owned Business"? YES X NO If YES, name the Organization from which this certification was obtained and date: STATE OF FLORIDA / 11-21-2000 THRU 11-21-2001 PAI.~ BEACH COUNTY / 12-07-1999 THRU 12-07-2002 Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL 24 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTIC~ Prefereffc~ sI{~ill b~ two or more bids Boynton Beach or by or contractual services, a ertifies that it has implemented a drug- for 1) PUblish a stateme.nt notifying employees that, the nnl~w,~;~a~ .ufac:tltre, d!s,mbutton~ sp~ifyin~ the actions that wif~b~ faker/,~gaA~t.empt°Ye~t"fe~'~fce~lati°ns o~ Such promomon. 2) inform employees about the dangers o£dmg, abuse in the ~orkp!~e, the business's policy °f maintaining a dmg-~ee w0r,kp!ace; ,any a~all~ble,, ~g co~seling, rehabilitation, antL~ employee ~ssismn¢~ pro~s~ ~nd ~e~ipenalfies ,that mayi~e.~.imposed uP°n employees fo~- drug abuse violations. 3) Gf~ve 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 s~ce.s that ,are un.der bid, th~ .e. mpl?ee_ ~liel} abide by the t~.as of the statement and will notify the emptoyer of guilty or nolo contendere, to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or 'require the satisfactory participation in a drug abuse assistance or rehabilitation program if such: is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drag?ce 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. ,/ Vendd~ Si~ature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 25 omceogsm~E December 7, 1999 Certification Date: 12/07/99 susans, Assb~-,ce 12 / 07 / 2 0 02. SERVICES: ~ ~. sm~e 20~ Southe~ Sewer E~ipment Sales Sewage and Waste Tre ~mBeach.~33415 3409 Industrial 27th Street ~t (s6~)z33.1s~ Fort Pierce, FL 34946 (561) ~-1~ ~e Palm Beach Cowry Office of S~11 and B ~ority/W~en Business ~sist~ce ~s re~=ew of the ~O~ents you s~mitt~ ~is .pleased : your fi~ has been certified as a ~~ ~ ~te~rise (~E) for ~e'(3) ~ ~ ~ years. Your fi~ s~all be s~jec~ to~ th~ Pr~i~sions of t~e ~u~ ~ch~ uO~ty Purchasln~ Ord~n~ce ~d all Sta~e ~w~c~ laws relating to the transaction of ~ik~ ~i~ certification entitles you to ~rticipa~e in con~cting opport~ities when the products and ~=c~ se~ces offered by your rim are being considered for bid.. ~ ~ additional se~ice to your fi~ ~u~o, included in ~ P~m Bea~ c~ty Direc~o~ ~.y~ ~/W/DBE fx~. If YOU wish listing ch~ged, please contact our 561-233-1550. fication is S~Ject to ~r verlf our continued .... _ . ~.Y . ell~lbzllty. You are ~o notl~y us if at any time, the minority' ~be~ our fl~ c~n~es. Failure to re~ort the status of your :fi~'~y result in your ~fng decertified. Pagricia M. Wilhelm, Certification Specialis~ Office of Small Business ~sist~ce$ Jeb Bush mrecto, Florida Department of Management Services Office November 21 2000 She, try D~mon Southern ~ewet Eqq. liprne~t Sales ~9 r~.27~ s~ ion f~r S~ewi~ ~d lntet-L~al MJuo~w Bus,ess E~. '~E) c~fi~on ed~d ~ve ~t a ~ of ~e year ~om N~mb~ 21, 2~ t~ No~mb~ ~0~ Of ~ bUs~ which is des~nat~ ~ Ametic. a. Wom, a' is app~ble wh~ ~e~ and vacuming cleaaing ~u~ment~ ~tom a~d s~r cl~ ~t s~et and h~way ~ee~g ~u~ suppK~ stor~ and s~er cluning; televhing and r~abili~ sep~ ~nk ~euum Yo~ subm~ ~f~i~ m s~ly o~er ~du~ or ~ ~ ouui~ of~ sp~h]~s) will ~sult ~ n~a '~ ~ .~R for .~E p~cipa6~ ~ ~at.b~s ~on Y~ ~e ~& ~ged .m be~me ~ ~ive bidder in ~e ~ci~t~g p~s of ~e ~de ~d ~rlo~ ou ~ rem~ber however, ~at ~e dmp~lty ~d~ ofmo~ ~E ~o~ d~me ~e relev~t m~ket ~e~ n ~h ce~fied busm~ses m~ ~ dom~t ~. (See ~e ~ed d~o~ hst of p~mp~ ~t~es ~ ~r~t m~k~ ~e~). You must also be aw~e ~t ~me o~ ~e o~cmatm~ c~fiea~i~.b ~g~ ~i~rh ~ioue m those of~e recioro~l certification n~o~ ~se ~ev h~ve b~n ~po~d ~ ~r~ s~d~. As a ~sul~ ~e p~R~ o~c~ ~may ~k you m submit ~onal ~0re. you ~e eXiR~b]e to b d u a c~fi~ ~E wz~ ~at ~s~ or ~ pla~. ~Js law ~ ~plicable Questions concerning your MBE certification may be directed to this office at ~850) 457-0915. Sincerely, 4050 Esplanade Way · SuRe 360 · Tal~ahassee. Florida 32399-0950 * Phone: (8S0) 487-0915 · Fax: [850}922-680'2 SP~CPRO 1.00 SPECIFICATION PROPOSAL 09-20-1001 BOYNTON BEACH CITY OF ATLANTIC TRUCK KNUCKLE B00W LOADER 2565 W.$T.RD. 8& i~I'.LAUDRRIi~T.R FL 33312 1-954-587-8220 PPJ~PA~D BY: G~0RGR&DREW RLLISON Quote ID: 200 ........... SI~I~CIFICATION~ ............ MOD~L M7500 MEDIUM CON~'I'IONAL ............. S~-~ ~E ~ PA~GE ........... S~IGHT ~UCK PR0~SION .............. ~RI~Y S~ER~G ~TION: LE~-~ .. ~U~ CO~ IGniTION .................. PI~m a DELI~RY/SHORT ~ SERVI~ .. V~ BODY .............................. G~L FREIG~ CO~DI~ ............. 100% 0N HIG~AY/CI~ ~IN .......... SM~ CON~ 0R ~P~T R0~ E~FACE ~I~ 8% ~PE~' G~E ............. ~MICIL~, USA 49 STA~S .............. ~P FRT ~LE ~ ...................... 12000 LBS ~P ~ ~LR LO~ ..................... 21000 ~S ~P G~ ~ACI~ ....................... 33000 LBS S~R~I~ 0N-HIG~Y W~ .......... ~ S~ ~UCK BODY L~ ...................... ~.0 FT ~ ~ BODY CL~ ...................... 4 IN ISB-225 225 HP % 2300 RDM; 2500 G0V RPM ~20 LB/~ · 1600 R~ 98 EPA/C~B Yo~ ' II ~e *l'he W~/ We Work SpF-/~IF~ICATION P~OPOSAL 09- 20- 2001 BOFRTON m~CH CITY OF page 2 - :SF]~CIFICATIONS ............ 1 MD3060P 6SPD DRAIN. & R ~L~ FILL B~ON : WATER TO OIL You ' ~! Like The WaY We Work SI:~ECIFI C-ATION I:~RO I:~2) S2~J-, 09-20-2001 BOYNTON BF, AC'H CITY OF pa~e 3 ........... SPECIFICATION~ ............ PRO~T ~ & SUEPENSION FRONT ~: ~I~R ~S12143A ~ 12000~ FRO~ ~K~: ~RI~R ~ 15~4 Q-PLUSh. FRO~ B~ LINI~:e' NON-ASBESTOS IRON FRO~ B~ DUST SHIELDS FR~ ~ ~p: ~ED - OIL ........... ~0~ A~ S~CK ~ST~S: ~I~R POWER S~: ~W TAS65 ~ MO~ I4000~ ~ FRO~ ~ ~TI~ ~WRR S~ERI~ P~P: .................. FRO~, S~P: TA~ LEAF 12000~ SPRI~ PIN B~HINGS: ~I~E~ R~B~R BUSHIHGS FRO~ SH~K ~SORBERS .................. ~ ~ & S~P~SION R~ ~: ~RIT0~ RS-21-145 21000~ 6.14 ~ ~LE ~TIO ...... RO~ Y0~ ~ B~ES: ~RI~R C~ 16.5~7 Q+ .... R~R B~ LINZ~S: ~N-~BESTOS IRON EE~ ~E OIL S~S: ~I~GO'~EIDE'''~-- ~-~- ' PR~F (1] ~ SPRI~ R~ A~ S~CK ~ST~S: ~RITOR .... ~ SUSP~ 230009 ~T-L~F SPRIN~ WIT~ ~IUS L~ R~ SUSP RID~ HEIG~: NO SPACERS ..... R~ S~P CO~OL RODS: FO~/A~ ~IUS LEAF 09-20-2001 ~OYNTON ~BEACH CIT~ OF page 4 ........... SPECIFICATIONS ............ ....... END ] BUMPER: PIECE STEEL WITH MTD FRONT TOW f LIC~SE ~TE HEX ~ -.- F~ T~ ~OR~ ........... You'i! ~JJke The WaY We SPECIFICATION PROPOSAL 09- 20-2001 BOYNTON BEACH CITY OF page ........... SPECIFICATIONS FRONT TIP. ES, ~S, ~ ~ MIC~LIN XZE ............ tlR 22.S 1~ FRO~ ~S: G~TE IRON ............... 22,5 X ~.2S ~T STL ~CCU ~P10 ~ISC P~T ~ER 28~08 F~ WHEEL ~S: ~FO~ 39702 33~ .. 1.30" H-P ~I~ELIN XZE ............ 112 22.5 14 PLY R~ ~S: ~ITE IRON .......... . ...... 22.5 X 8.25 R~ STL AC~ ~10 DISC P~T ~ER 28408PW ~R WHEEL ~S: ~WI'FO~ 39702 33~/~;.. 1.30" ~ ~OR ~: 106" BBC CO~ION~ STEEL ...... ~ MO~: GR~: PA]~ P~TIC ............... H~: FINe. SS ...................... ~]~ ~: U~ W/~]~ ~ .......... E~C~]C ~0~: $]~L~ ................. ~Y & ~S~: ~L ~S ~ED THE ~LIG~S: SIDLE ~G~ ~G~ ~K~ LIG~S: ~OD~IC, S~L DA~IME R~I~ LIG~S AT ~ OF F~ ~ SIGN~: ~O~' ~PS ~ST CO~T DOOR ~ING OF MI~O~ 09-20-2001 page 6 ........... SPeCIFICaTIONS ~ ........ INTE$ FLOOR MATS :, ~-~ MATS W .... DASH HEATER AND wITH MAIN HVAC W/O R-134A · . · :, ViNyL W/VINYL "INSERT SP1RCIF ICATION PROPOSAL 09-20-2001 ROYRTON BEAC~ CI~f OF page 7 ........... S I~IFICATIOI~ SEAT BELTS: 3 POINT ADJUSTABLE D-RING RETRACTOR DRIVER & PASSENGER STEERING COLD'MN: FIXED BLACK .. ~PASS ...... INSTRBME~rr ~PAN~LS & COM~-KOLS GAU~E PACKAGE: ~7 W/DRIVER DISPLAY FOR AIR- PACKAGE CENTER AIR NEEDLE AIR IN STEERING . DRIVER LTS CONNECTOR: 6 PIN, DASH FUEL ~LECTRIC ............ W/DRIVER DISPLAY 3000 RPM C0~I'k'OL: ELECTRIC WITI{ 3-POSITION ROTARY MARKER LIGHT 1-VALVE SYSTEM W/ UNITED TECH SELF- ~DMECHANICAL .... 09-20-200~ EOTa'm~ B~ C~rZ~ O~ page ........... sPECIFICATIONS ............ ONE COLOR DESIGN ........... '" CAB COLOR -'~' SOLIDS .2'.. pOLYURETHANE WHEEL PAINT ~ WHEEL COLOR: PRI,MER WHITE REAR -. ~z~xo~r~ S~CX~XCATzO~-S ~INSH · '' D~ SpECI~ ~-~ OPTI~ You ' Il Q~e The ~¥ "OL-MACWARRANTY STANDARD Hal=Mac Corp. (Par-Mac ®) warrants each Hal-Mac product it manufactures and each new part and component sold by Hal-Mac to be free of defects in material and workmanshlp, provided the parts and components are operated and maintalUed in accordance with Hol-Mac published operating and maintenance instructions applicable thereto. This warranty is subject to the terms and conditions stated below. Warrantor: This warranty is granted by Hal-Mac Corporation, P.O. Box 349, Bay Springs, Mississippi ny Diner facility specifically authorized by Hal-Mar. All warranty work performed by a facility other than Hal-Mac must be approwd by Hal-MaC in writing prior to commencement of said work. · Duration of Warranty: The time periods applicable to the warranty of the specified component parts of the Hol-Mar products are as followed: · Major Structural Component Parts- 1 year · Non, Hydraulic Replacement Parts - 1 year · Exclusion and Disclaimers: This warranty does not extend to normal maintenance services such as cleaning, greasing, mechanical adjustments and maintenance inspections or to any defect due to the negligence of others, failure to operate or maintain the product in accordance with the published operating and maintenance instracfions f ~.u~. '~ heal by Hal.Mac, unreasonable, use, accidents, alterations or wear and tear. Hal-Mac also reserVes the rlglr~ in make changes in the design or material of its products without incurring obligation to incorPorate slic~h changes in any ~roduct prev~oasly manufactured · Procedure for Obtaining Performance Under this Warranty: In order to qualify under this warranty, the owner must notify Hal-Mac within (45) days of discovery of the defect and promptly deliver the entfr& product or defective part to .Ho!,Mae at its fact~i-y in Bay Springs, MS, or if requested by Hol-Mac to such other authorized facility de,ignited by Hol-Mac. Upon receipt of such product, part or component, if it is found n.ot to be defective in ma~er~al or workmanship, Hal-Mac shall notify the owner af such fact and request instructions for the return of such product, part or component to the owner. All cast~ of transporting ]tol-Mac products te and from thg ~01-Mac factory or such other authorized facility designated by Hal-Mac shal~ be paid by owner. · [F%Oc_O ~T~_ .~.WARRANTY ~.THER OF ~ITNESS OR OTHERWISE, EXPRESS OR IMPLIED IN OL- C SPEC TOOR ~sL ~.q~, .O? ~ ~.s.~. TO_.~ WOP.~ aND NO Drama OR aaTHER ~GATION O.R _L!AmLI~Y SHALL SE II~¢UIlREO aY HOL-MAC aY HEASON OF TIlE UFA(~TUR& SALE, OR LEASE OF ANY PRODUCT, PART, OR COMPONENT OR OF ITS USE, WHETHER FOR BREACH OlZ WARR3aNTY, NEGLIGENCE OF MANUFACTURE OR OTHERWISE.I VI'I.-CONSENT AGENDA I'TEM B.4 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM 4711: _ ' Date Final Form Must be rurned Requested City Commission Date Final Form Must be Turned Requested City Corramss~on Meeting Dates nro Cit~ Clerk's Office ~¢eting Date_s m to Qity ~terk's~Office [] November20,2001 November7,2001 (5:00p.m. [] January i5. 2002 January3,2002 5:00p.m.) [] December4,200[ November21,2001 ,5:00p.m.) [] Februa~ 5. 2002 lanuary [6, 2002 (5:00 p.m.) [] December l8, 2001 DecemberS, 2001 (5:00p.m.~ [] Februarylg. 2002 February 6. 2002 (5:00 p.m-) [] January2.2002 December l9; 2001 5:00p.m.) [] March5,2002 Februar~20.2002i5:00p.m-~ [] Administrative [] Development Plans NATURE OF .~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal ~.~ Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Repon REcoMMENDATION: Motion to award the -PURCHASE OF ONE (1) NEW BULK TRASH AND REFUSE COLLECTION/TRANSPORT VEHICLE", Bid #098-25~6-01/KR, to ATLANTIC TRUCK SALES. INC., in the amount of $ 52 367.00. EXPLANATION: On September 25. 2001, Procurement Services opened six: proposals for the bid referenced above. All proposals were reviewed and it was determined that Atlantic Truck Sales, Inc. of Ft. Lauderdale is the lowest, most responsive, responsible bidder who meets all .specifications. This purchase was temporarily delayed due to budgetary concerns within the City; therefore, Atlantic Truck Sales has agreed to extend their original 90-day proposal price through February 28, 2002 (see attached letter). The purchase of this bulk trash transport vehicle will replace unit #72. as per budget approval for fiscal year 2001/2002. Jeff Livergood. Public Works Director, and Bob Lee. Fleet Administrator, concur with this recommendation (see attached Memo #02-005). PROGRAM IMPACT: The purpose of this bid is to purchase one (1) new, current production model, diesel powered truck for the collection/transport of bulk trash and refuse. FISCAL IMPACT: BUDGET ACCOUNT NO, BUDGETED AM_~OUN.T_ ~LEET REPLACEMENT 501-2516-519-64.31 $ 55.064.00 EXPENDITURE: $52,367.00 ~./~/M~,,f~,b~ - Purchasing Agent Procurement Services i~'~ ~ City Attorney Finance Human Resources Department Name CC: Jeff Livergood. Public Works Dixector Bob Lee, Fleet Adminisuanor File S:kBULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC R'£CE VE;O JAN ~31 DEPARTMENT OF PUBLIC WORKS MEMORANDUM #02-005 To: Bill Atkins, Deputy Director of Finance Thru: Jeffrey Livergo0d, P,E, Public From: Robert H. Lee, Subj: Solid Waste Vehicle Purchases Date: January 29, 2002 Fleet had advertised for several special refuse collection vehicles by way of various bids. This process has taken place over the past several months. With the budget freeze being lifted on the first of February, I would like to award the bids to the successful vendors. Current budget projections for the Solid Waste Division of the Public Works Depmhnent has: Fleet Administration purchasing five new resources to replace seven existing resources currently assigned to Solid wWas!e Divisio.n.. In reviewing' g the bids,. Fleet Administration along with Solid aste would like to award the bids for the purchase of four of these resources as listed in the following paragraphs. Recycling unit #8 t, commission approval for replacement with funds in the amount of$111,679.00. The Solid Waste DivisiOn has proposed a program to stream line the Recycling program. Workir4g with existing resources and route consolidation, this resource purbhase will not be necessary during this budget year. I recommend that these funds remain in account #501-2516-519.64-31 for future purchases. Bulk Trash transport units #71 & #72, commission approval to replace two nnits for one new unit in the mount of $55,064.00. These dollars are availablein the :Fleet,Replacement account, #501-2516-519.64- 31. Fleet has processed a hid for this purchase. Bid #098-2516-01/KR, opened on September 25, 2001, with a quoted price of $52,367.00. This is a budget savings°f.$2;697:00' .Fleet Administration would like to award this bid to; .. ~ ' Atlantic Truck Sales Inc. 12 has Fleet replacement received many responses on 1 : Truck of Sales, bid on this truck, ~. for Inc. offers Bulk wash collection and transport units #66 & 67, commission approval for the replacement of two ~mits for one new nnit in the amount of $81,064.00. Fleet has received a. quote for one new~ collection and transport unit from Southern sewer. Equip#neat Sales in the amount of $76,603.00 under bid #100-2516-01/CJI~. ~ is under budget by $4,461.00 dollars. After viewing this vehicle, both:Fleet Maintenance and SOlid Waste would like to award this bid to, Southern Sewer Equipment Sales 3409 Industrial 27~h Street Fort Pierce, Fl. 34946 ehicle scheduled for ~amount of from of of,this this CITY OF BOYNTON BF, ACH '-', ~ · ' INi'EROFFICE MEMORANDUM ?o: urt l resaner, City Mana{er DATE: October 31, 2001 00'- ¥'~0~-0,%'7~ SUBJECT: Solid Waste Fleet Purchsses .~ o~¥ ~f) Attached please fred a memorandum from Robect Lee, Fleet Manager, wherein he recommends purchasing ~ .~.~ equipinem for Solid Wast~ Operations. Based upon our staff discussions, we find it desirable to purchase four of five budgeted pieces of equipment. We ar~ recommending that we not replace the recycle track because it is the opinion of staff that we can continue to provide re~y¢luig s~a'~riees without this truck. We have sufficient fleet and back up capability and we also re¢oguize that it may be a bet~a~r ase of resoumes to o¢¢aslonall¥ work overtime when one of the r~y¢Iiug trucks ism the shop for x~ir. We believe this to be inore cost effe¢fiw than having a back UP unit sittingirt the yard wal~ting to be used. Ev~ly, the existing recycling truck, Unit #81 will be sold and r~moved from the fleet. Also,:yoll: will note. thut we.are proposm? purc ~ha~?? once ~ulk ~li .t~uck ~e.t we wilI b~ scl, ling,_mj_o .,older ,u?.'ts._ It is the opinion of staff that we can.further con?lid~, te fleet w~thou.t Impactm.g ?ur s~ce lev. e)s ~o ,me. PUOn,C. in the same, vein, we are proposing a ~vo for one~ replacen?nt of Units #66 and #67. These un~js are om~ - - ch~ pickers.. We are.also prop. osingthe replacement ofUmt ~o2, a rear loader, for substanUally less man ine budget. Overall, we are proposing a consoiidation;of ~e Solid Waste Fleet that not only yields lower initial purchase costs but will'su~esti6~e~intenan~ expanses in the futu~. We hre able to rech~ce our fleet as a result of an ~,rnrmh~qi~ nn route i~lannirm and labor ~esoumeiallocation I It is very Lmuortant to note that we are able to ach;eve *{, ..... ~,~¢{,mal e~ien¢i~s ~iVen our curren~ sen4¢e ~d, Shduld our~op ~ercauonal service area grow we will need to re~evalua~.,our~eqmpmer~t;~inH staffing ~levels~,to ~ serrates levels mxfiflar to.those now realized throughout both the residential and ¢ommemial communities. : purchase of Solid Waste fleet this fiscal year. you will allow us to proceed with the purchase Uuit Budget ~inount ~ Bid Ainount Proposed Expense ~[eeycler,!~l . $111,679 ' Ddn&Replace $0.00 ' $55,064 Bulk Tra~i #71, #72 } ~52,367 $52,367 Front I~r, ~89 , $i56,000 ! [lid january, 2002 $I 56,000 oherry,P~t~e?, #66, ~67 i; $8i,064 ' $76,603 $76,603 [~car Lna&&,~92 :;i $145,600 $i;17,390 $117,390 Total i ,~ 549,407 $402,360 Approved: Date: Kurt Bresaner DEPARTMENT OF PUBLIC WORI4S MEMORANDUM #01~086 · ' To: Jeffrey Livergood, P.E., Director of Public Works From: Robert H. Lee, Fleet Administra'u~n~ Subj: 200,1 / 2002Fleet:Purchases Date: With respect ma directive for a budget freeze th~ of two fleet Public purchasing five 'new ~.assigned to,SOlid Our proposal funds a program to stream line the 1 resource Bulk Trash transport units #71 & #72, 60mmission approval to replace two units for one new unit in the amount of $55,064.00. Fleet has processed a bid for this purchase. Bid #098-2516-01/KK,-opened on September 25, 2001, with a quoted price of $52,367.00. Solid'Wast~ has determined that operations can hold off on this purchase through january~l~', --~. 2002. Fleet Administration is unable at this time to determine from the vendor as to alum of the economy. The a delivery time of 90 days, this would bring this vehicle into the fleet:in February 2002 if we were to receive approval for this unit at this time. Commerciai Front Loader, unit #89, commission approval for the replacement o£this unit in the amount of $156,000.00. Fleet has processed a bid to be advertised with abid opening date of December 4 2001. Solid Wasteland Fleet A~stration have no operational problems with holding off~ PurchaSe through JanUary 1~, 2002. Bulk trash collection and transport units #66 & 67, commission approval for the replacement of two units for one new unit in the amount of $81,064.00. Fleet has received a quote for one new collection and transport umt from SouthemSeWer Equipment Sales in the amount of $76,603.00 under bid # 100-2516-01/CJD. This unit is of a high priority to the Solid Waste Division and bid approval and award for purchase is requested prior to January 2002, The last commission approved vehicle scheduled for replacement is a residential refuse collection vehicle, unit #92. The budget has approved fundin, g in the amount of $145,600.00. Fleet Administration has gathered inform~ation,,for the replacement of this vehicle by using a current bid, "pig~ back', from another governmental agency. This vehicle meets all the specifications established by Fleet Administration and the Solid Waste Division. The vendor quote for this vehicle is $117,390.00, saving the City thousands of doltars on the purchase. This is the second of the two units that Solid Waste has detemfined as a priority bid award prior to January 1s~, 2002. Bo~nton Beach ~C~lOIVfnTlt AI~'S pORT (COmlman~,'s C0n~c .~R~'n~wal Period: .,IA.N'UARY 31, 2~02 TO I[~BRUARY 28. ~ y~ I agree ~ ~ ~he bid p~ossl price unlit February 28, 2002. NO, I do ~ot wish to: ~d ~h~ existi~8 bid proposal price until F~ 28, 20U2 NAMt~ OF COMPANY SIGNATUR~ NAM~ O1~ REPi~$1~,ITATWE (ple~s~ prim) DATE (AREA CODE) + The City of Boynton Beach Procurement Services IOO E. Boynton Beach Boulevard P. O. Box 310 Boynton Beach. Florida 33425-0310 Telephone: (561) 742-6320 FAX: (561) 742-6306 NAME OF BID: "PURCHASE OF ONE (1) NEW BULK TRASH _~ND REFUSE COI,I,ECITON/TRANSPORT VEHICLE" RECEIVED BID#: 098-2516-01/KR Agreement between the City of Boynton Beach, Owner: and NOV 14 2001 ATLANTIC TRUCK SALES, INC. I~[~: ~ ~OFialC~ (Company's Name) Contract Extentsion Period: DECEMBER 26, 2001 TO JANUARY 31. 2002 ~ ¢'/ Yes, I agree to extegd the existing bid proposal price until January 31, 2002. No, I do not wish to extend the existing bid proposal price until January 31, 2002. NAME OF COMPANY SIGNA~ NAME OF RBt~RESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER America's Gate~ay to the Gul~eam VIL-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM 6.5 .... AGENDA ITEM REQUEST FO ,l~v, ~£~~--~ r "J"- ~ Nov~b~20.2001 Nov~b~ 7_ 2001 (5:00p.m. ~ ~an~15. 2002 Janu~3.2002i5:00p.mo ~ D~b~4, 2001 Nov~b~ 21. 2001 5:00 p.m.) ~ F~m~ 5. 2002 J~u~ 16. 2002 (5:00 p.~) ~ D~b~lS. 2001 D~b~5.2001 (5:00p.m.) ~ ~19.2002 Febm~6,2002(5:00p.m4 ~ J~2.2002 ~bg19. 2001 t5:00p.m.) ~ M~chS, 2002 Feb~20,2002(5:00p.m [] Adminislzative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [-' Bids [] Unfinished Business --1 Announcement [] Presemauun [] City Manager's Report · -- RECOMMENDATION: Motion to approve execution of agreement with insimform Technologies, Inc. Jacksonville, FL, for in- place pipe process for reconstruction of sewer pipelines and lateral services utilizing Broward County Board of County Coramissioners Quotation #P2077-99 in the amount of $139.785.00. EXPLANATION: The Utilities Department is charged with the responsibility to maintain sewer mains throughout the City and unincorporated areas within the Utilities Depamnent Service area. Each year the City budgets funds for rehabilitation of sewer mains and extensions. The Utilities Department has identified 350 feet of sewer main and 43 laterals that are in need of rehabilitation in this project. These are located along NE 1st Lane (just east of Seacrest Blvd.) from NE 26t~ Avenue to Gateway Blvd. and Chapel Hill Blvd. NE 1 st Lane from Gateway Blvd. 3501inearfeetofS"x6mm $ 36.00perLF $12,600.00 Light Cleaning 1.00 per LF 325.00 Service Reconnections 14 $ 100.00 each 1,400.00 Lateral Lining from Gateway to NE 26th Avenue Laterals up to 20 Linear Feet (31) $3,060.00 each 94,860.00 Chapel Hill Blvd. Laterals (10) $3.060.00 each 30,600.00 TOTAL $139,785.00 S:\BULLET1N~ORMS~AGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM InsituformTechnologies, Inc. uses a cure in-place process or.trenchless technology, to rehabilitate pxpe This p~oeess~xs, beheved to be thebest process for the areas identified. There is no excavation of the existin~P~ge, the current pipe is fit~ed with a new inside lining that seals the pipe and rehabilitates it in place.' Insit~iform Technologies, Inc. !ia~ iWi~yea~ con~ra6~ (vi~ B}d-~/ard County B}>~d ~f C0unty Commissior~e~, whi..ch~began in April 2000 for cure inplace~services. W~ are requesting authorization to use this 60ntract to complete this sewer main [ehabilitation project. Insltuform TechnOlogies; Inc. has completed'~y.Pto~e~s throughout:~e,~it~r ~g~4at;suedess. PRO GR_a2~I IMPACT: This area is just one of several areas that are in need of rehabilitation. We have completed the first phase of our Inflow and Infiltration Study of Master Lif~ Station 309 (Hester Center). That study has indicated several collection systems along the Intracoastal Waterway have considerable inflow/infiltration within the wastewater collection system. We will continue to target these area~ and forward recommendations for resolving theseissues as they are further identified. FISCAL IMPACT: Funds in the amount of $400,000 are available in the Utilities Department Renewal and Replacement account g405-5000-590-96-04, project #SWR064 for the project. ALTERNATIVES: The Utilities Depm anent could excavate the sewer lines and replace them with new pipe. which would be more invasive to the neighborhood and the cost would be at a minimum, double the proposed Insituform method. The Utilities Department could choose not to replace the pipe at this time which could result in sewer blockages due to root intrusion and continued~nfiltration from ground water. '~ Department Heads Si~ure City Manager's gignature Department Name // City AlXorl~ 1 l~inar~ce / Human Resources cc: Mark Law Tony Lombardi Barb Conboy Bill Atkins - Procurement Jim Ch~rof - City Attorney S:~ULLET~ORMS~G~DA~EMREQUESTFORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORDA, AUTHORIZING AND DIRECThNG THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND INSITUFORM TECHNOLOGIES, INC.: AND PROVDING AN EFFECTIVE DATE. WHEREAS. the City Commission has determined that it is in the best interests of ]ne residents of the City to execute an Agreement between the City of Boynton Beach and Insimform Technologies, Inc. for the in-place pipe process for reconsmtction of sewer ,ipelines and lateral services utilizing Broward County Board of County Commissioners ~uotation//0207799, and WHEREAS, the City's Utility Department has identified 350 feet of sewer main and forty-three laterals that are m need of rehabilitation in this project located along NE st Lane from NE 26th Avenue to Gateway Boulevard and Chapel Hill Boulevard, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION )F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boymon Beach, Florida does ~ereby authorize and direct the Mayor and City Clerk to execute an Agreement bet-ween :he City of Boynton Beach and Insituform Technologies, Inc. §ection 2. That this Resolution shall become effective immediately upon ~assage. PASSED AND ADOPTED this day of February, 2002. CtTY oF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seat) Dec-27-01 11:12A Gordon Marshall 813-754-4553 P.02 · ~ ~Jnsit~,~l~orm Work:lwide Pipeline 2892 Hammock Ddve Tel: 954-325-3600 R~ab~l/~a~on Plant CIW, FL 33567 Fax: 813-754-4553 ~ ~.insi~rm.~ gma~hall~[nsitufo~.com December 27 2001 Mr. Anthony J. Lombardi Suoerv~sor Boynton Beach City of 124 E Woolbrignt Rd Boynton Beach. =L 33435-6040 Re: Insituform Lining Process and Laterals on NE Ist Lane and Chapel Hill Blvd. Dear Anthony nsituform Technologies, Inc. is pleased to offer this ouote on lining NE 1 = Lane the ~aterals and the laterals on Chapel Hill Blvd. The prices are from the existing Broward County Contract. NE 1 st Lane From Gateway Blvd. 350 LF of 8" x 6mm $ 36.00 LF $12,600.00 Light Cleaning $, 1.00 LF $ 325.00 Service Reconnecbons 14 $100.00 EA $ 1,400.00 Lateral lining from Gateway Blvd to NE 26TMStreet Lateral Lining uo to 20 LF (31) $3,060.00 EA $94 860.00 Chapel Hill Blvd. Laterals (10) $3,060.00 EA $30,600.00 Total $139,785,00 The City of Boyn[on Beach nas agreed to dig-up the laterals at the City's cost if the lining process fa~ls, nsltuform will not bill for any fa~led lines The mrms ano conditions governing this proposal are as follows: Proposal Inclusions: · Certificate of Insurance with standard coverage · Pre-installation video inspection recorded on VHS tape · Thorough cleaning of the existing p~pe prior to installation · Post-installation video inspecuon recorded on VHS tape · Standard ore ,'ear warranty · Reinstatement of service connections · Actual field measurements wifl determine final invoice ouantities Proposal Exclusions: · Premiums for special insurance coverage requirements · Point repairs of any collapsed sections of the existing pipe line · Permits · Dewatering · Disposat site for debris removed during cleaning Dec-27-O1 ll:13A Gordon M~mshall ' 813~754-4553 P.03 rvlr. Anthor, y Lombardl December 27 2001 Page 2 of 2 · Please note that if an/hazardous or toxic materials are encountered during [ne project the Owner Will Be responsible for the removal and o~sposal of the ma[erlals · Clearing ano stabilization of sewer easement for equipment access Proposal Terms: · Payment due within 30 days of completion of the project · Partial monthly payments may be requested · Prooosal valid for 45 days LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESSED, IMPLIED AND/OR STATUTORY. WARRANTIES iNCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONTRP~CTOR AGREES TO CORRECT ANY DEFECTS IN THE MATERIALS OR SERVICES PROVIDED BY CONTRACTOR WHICH ARE BROUGHT TO THE ATTENTION OF CONTRACTOR WITHIN ONE YEAR FOLLOWINGCOMPLETION OF CONTRACTOR'S WORK, PROVIDED OWNER AFFORDS coNTRACTOR SUITABLE ACCESS AND WORKING (~ONDITIONS TO ACCOMPIiISH SUCH CORRECTION. Mutual Release of Consequential Dama,qes: Neither party shall be liable to the other for conseouential damages relating to or arising out of the c6'r~(ract. we appreciate the opportunity to quo[e on this project. If you have any questions please call me at 954-325-3600 Respectfully, INSITUFORM TECHNOLOGIES INC. Gordon Marshall, Regional Representative Owner Acceptance Date: Please sign and return one copy of this proposal to this office for our files 01 $0/02 WED 10:$$ FAX 99549578§3~, BRWI) C0 PI]RCHSNG ITEM BROWARD coUNTY BOARD OF COUNTY COMMISSIONERS NF_X'r iTEM AGENDA ITEM # I¢¢ Meatin Date 04/18/00 Page 1 of 2 d Zed $OIG SOUI~ ~F= ...... . ~nTION TO AWARD standar . = --~- *~ nuotat on number P2077- 99 in Be est mated amou~ of ~L~a,~o..~ n~' or of Purcha~ng to renew the _erieds.from the that date. authorize ~tr~? . _~ ,;_ ~ &~ ~.¢Ca~d-terminate ~o years Why is Action NecesSa~: ~n a~ordance w th ~e Bro~rd County Procurement Code, ~1,31 .a,4 the Board must approve Contrac~ over $1 w~t Action Accomplishes: This contract will cover the required so.ices for trenchless pip~ reconstpmfion_--, of, sanitaW sewer ~ns throu¢ the installation of a pipe liner inside the existin~ sewer lines. THE PU DIVISION AND ENVIRONMENT~ OPE~TIONS DIV1S1ON RECOMMEND APPROVAL OF THE ABOVE MOTION, s~ndardized as a sole source, sote brand product for was Board T~noiog~es: Inc. Insituformrepa~ring pipe on 11 ~24/87; item number 16. ~s 46~0 12 Water end Wastewater Fund~ The funding sour~ $753,587.25. The dollars for each requiremen~ wil{ be encumbered at the estimated amount time of release. -- PhiiHp C_ Alien, Director Date: s]~n~.,~: Finance & Administrative SerViCeS Dept. j 357-7130 So~rce ¢' Additio~at tnfonn,~tion; Type Name, Title, Agency and Phone: Glenn R. Cummings, Director of pu¢chasing, Purchasing Division; 357~6070 Fom'~ 107-I-A treetFinder Map ~ ~ ~ AG AH Al ~ INSITU~ Fax :9042925198 J~ 24 2002 15:22 P, 02 ~ , Cmz~ficatm, ~ls Is to ~ t~ ~, Rg ~P. DATE ~E OF POUCY :' ~ ~D, : ~ ' T OF L~IL~ E~CLAIMS MA[~g~ Per Occurmnc~ ' Inju~, R~RO DA~ . ~ ~ O~m~ ~ ~ M~ ~L PAYMENTS iUTOMOBI~L~IL~ 071~1~2 ~-~1~0421D021 =' :: : ~ OWNED ~ NON~WNED ~E CI~ OF B~ON'B~CH IS IN~UDED ~ ADDITIO~ I~URED U~ER ;GENE~ LI~LI~ AND A~O ~ R~P~ ~E OPE~TIONS OF ~E I~URED ~.~ Denise M. W'mberg ~ 320 ~*~r~'wO P'~Z~ O RF-F)RE~ ENTAT~VE St. Louis :~ (314) ~3~ 07~1~001 COVERED ~M~SOO4L4-O0 07/01/0~, See ~eZow see ~Zov VII.-CONSENT AGENDA ITEM B.6 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 Meetin~ Dates m To City Clerk's Office Meeting Datos in to Cil'v Clerk's Office [] November20.2001 November7.2001 (5:00p.m.) [] JanuarylS, 2002 January 3, 2002 (5:00 p.m.) [] December 4, 200t November 21, 2001 5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) [] Decemberl8,200I December5 2001 (5:00p.m. [] February 19,2002 February 6, 2002 (5:00 p.rn.) [] January 2, 2002 December 19, 2001 .5:00 p.m.) [] March 5. 2002 February 20, 2002 (5:00 p.m. [] Administrative [] Development Plaus NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal c..'*~ . [] Bids [] Unfinished Business [] Announcement [] Presentation '~-- [] City Manager's Report co RECOMMENDATION: Approve Addendum No. 3 to Agreement with Computer Sciences Corporation (formerly DORN Technologies), for upgrade of RiskMaster Software, risk management information system, for $8.995.00. EXPLANATION: The City's risk management information system is in need of upgrading from a 16-bit to 32- bit processing system. Upgraded system will allow software to nm on City's Windows 2000 operating system. PROGRAM IMPACT: To maintain and enhance the capability to enter and analyze data in the risk management and claims program. FISCAL IMPACT: Cost of upgrade includes installation and training. Agreement was made with vendor to have installation and training conducted jointly with the Cities of Boca Raton and Pompano Beach, to reduce costs to all three municipalities. Cost of upgrade was approved in 2001-2002 Fiscal Year Budget. Line Items 522-1710-519-46-91 and 522-1710-519~64-14. ALTERNATIVES: Failure to upgrade current system will result in system failure and inability to manage claims and risk management program. Department Name f" city ' eso ces Computer Sciences Corporation Addendum Price~,~ali~! f0k ¢.~~ Days Agreement No. BOYBCHIRMW Dat~ ~01/30102 Addendum No. 3 This Addendum is effective January 30, 2002, and is hereby made a parr of and incorporated into the "Easy ~antract' Standard Terms and Conditions Agreement No: BOY~BCH/RMW and any Addenda to Agreement I%. BOYBCH/RMW ("Agreemanf') by and be~t~yeen ~omgg~e Sciegces COrporation ("CSC") and The City of B0~?~i~B~aCh ('CUSTOMEI~?')l~6at~cll ~ llg0~ E~ :B~yrho~ ~Beach~l}l~ ~B:~ym0ri Be~ch, FL 33425: In~the!ie~;~nt that ~uS~ t~0hsion of~d~is Addendum aiid~7 ~r/~yi~ion ~f~e ~eemeh!,~ ~0nSistant o~ conflicti~ig, :~. ~bnsistent or coafiicting provision of this Addendum shali be and, oOhsfitute an ~dine~nt o~ the Agreement and sl~atl control but only to the extent that such proms~on m inconsistent or-con[fli~ti~g Witli~e Agreement, CSC and CUSTOMER hereby agree as folloWS: I. CUSTOMER` des/res to ,upgrade its currem sol,are preyionsly !i~ensed from, CSC. CSC hereby agr~ees ro upgrade CUSTOIvI~E~ s current software, ~SK]VIASTER/Win l~-Bi~ Access Datal~se to Agreement. 2. No~twithstanding anything t? the conlrary in the Agreement, CSC and CUSTOMER ~gree that for CI~sToMER'8' authorization ro upgrade to the S6ftvatre, CU STOMERl:~Omises ~d agrees to pay'C SC alicense Charge of eigl~ thoussnd n/ne ~ n/nety five dolla~ ($8¢995.00) whigl! shall ~due and~yalble upon execution hereof. Travel experms are additioml and wilt be charged to Customer as incum& Included in ~he Special CUSTOMER Pricing Package ~, Pre-trip Site Assessment Work Hardware and database compliance discussions with CUSTOIvI~I~ Review custom work done ia 16-bit product with CUSTOMER · Database back-up provided to CSC for analysis and Support ii, Upgrade, verify and cei~CY to RISKMASTER 32-bit. Upgrade software processing ~rom 16-bit to 32-bit · Reconfixm Securiw and User Privileges settings Confum Line of Bnsiness settings Confurm existing SORTMASTER reports in 16-bit format process in 32-bit product Recreate SORTMASTER reports using derived fields using new table/field naming conventions and new VB Scripting functions - 1/mit 10 repons New BRS Tables and stmctore for data tables to be verified · Forms and FROI output field mapping and forms processing verification · ComSrm check processing ability · Confirm functionality of Open Diaries and AutoDiary set-up · Confirm functionality of Auto Check set-up · Document CUSTOMER specific custom programming, secure a quote to recreate programming or suggest alternative methods to solve: Custom EDA reports, custom interfaces, custom checks/vouchers, etc. · Confirm functionality of Replicated server for repor~ processing · Confirm database back up procedures · Confirm functionality of Mail Merge features L:~Sales\ContractsX2001\ Page 1 of Revision Date: 04/01/2001 Computer Sciences Corporation Addendum Prices Valid for 31i Agreement No. BOYBCH/RMW Date: 01130/02 Addendum No. 3 · Confirm functionality of Data Director System, Data Import System · Confmn functionality of Event Scheduler · Confirm functionality of OSHA or Medwatch reporting · Confn-m Supplemental Fields and Group Associations process appropriately Confn'm Administrative Tracking Tables · Confn-m Business Entity Level Security · Cont'mn functionality of Quick Entry Module ReView funcffonality of CUSTOMER created custom programming (will work with CUSTOMER if needed on a t/me and materials basis to assist with upgrades to this programraing). Terms and Conditions The above pricing is based on a CUSTOMER having one Production database. Additional databases to be converted can be quoted on a time and materials basis. n. Above pricing assumes CUSTOMER is remaining m current database version and release (i.e., SQL 2000). If CUSTOMER is migrating to new database, RISKMASTER/WORLDTM MUST be installed and accepted for 30 days. Additional charges for upgrading RISKMASTER CUSTOMER from any other database will be quoted on a time and materials basis as an additional project. iii. Above pricing based on CUSTOMER renewing current Support contract for a two-year period. tv Other CUSTOMER installed database and server technology (such as CiUixj not included. These items can be included on a time and materials basis. CUSTOMER Responsibilities i. CUSTOMER is responsible for allocating IT consultant for workstation and server installation services during and after the on-site RISKMASTER consultant visit. it. CUSTOMER is assumed to be responsible for installing sofavare on all remote location workstations. CSC can a~sist with this installation on a time and materials basis. iii. CUSTOMER is responsible for final testing and go-live system tasks including final validalion of all system functional abilities, interfaces, custom programs and data quality. tv. CUSTOMER is responsible for testing and confirrmng functionality of ALL custom programrmng related to RISIGMASTEiL either done by CSC or internal custom programs, reports, etc. CSC cannot be responsible for any custom programming failures not brought to our attention prior to the conversion and upgrade. v. CUSTOMER is responsible for reviewing upgrade project checklist and completing the sign off form upon confn'mation of system functionality. ,n. Software and Bundled services cannot be unbundied. 3. CSC agrees to deliver to CUSTOMER one copy of the most cun~t version of ~he Sofavare available for distribution to licensees on or promptly aflex flue effective dele hereof. Initial delivc:ay of the Soitware shall constituto fl~lfillment of CSC's obligation hereunder. 4 CUSTOMER understauds and agrees that, unless it is otherwise documented as a specific line item on a RISKMASTERJWINTM to RISKMASTEIUWORLDTM upgrade contract addendum, all costa associated with upgrading previously performed custom programming work, third party interfaces, custom forms, custom reports and or any other feature or function which is not othemdse standard in RISKMASTERJWORLDTM, are extra and are performed on a time and material basis at the standard $150.00 per hour rate. 5. All other Textm and Conditions of the A4~reemeat shall retrain in full ferce aud effect TotalAddendemAmour~t: $8,~95.00 LflSales\Contracts~200l\ Page 2 of 3 RISKMASTEK - Todd Pis¢iotti Revision Date: 04/01/2001 Computer S¢ience~orpor~tion Add~nd~ Prices~5.alid ~for 30 Days Agreement No. BOYBC~W Dh~e:~01~30102 Addendum No. 3 CSC and CUSTOMER certify by their undersigned authorized agents that they have read this Addendum and the Agreement and agree to be bound by their Terms and Conditions. ~'~ CSC CUSTOMER Computer Sciences Corporation ¥i~e:'Ci~y ~Boynton B~ach By: By:' ~ Authorized Signature) (Authorize~d Signature) (in non-black ink, please] (in non-bla~k'~ please) .(Title) (Title) (Execution Date) (Execution Date). L:kSales\ContractsX2001\ Page 3 of 3 RISKMASTER- Todd Piscioai Revision Date: 04/01/2001 . ~ VIL-CONSENT AGENDA I'TEM B.7 (~) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM -~:~ - i¢i.~..'c2~ I1 Requested City. Commission Date Firm] Form Must be Turned Requested City Corrm~ission Date Final Form Must be Turned Meeting Dates in to Cir~ Clerk's Office Meeting Dams in to City Clerk's Office [] November 20. 2001 November 7, 2001 (5:00 p.m.) [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December4,2001 November21 2001 (5:00p.m.) [] FebmaryS, 2002 January l6, 2002 (5:00 p.rm) [] Dec~mberlS, 2001 December5,2001 (5:00p.m.l [] Febraaryl9,2002 February6,2002(5:00pan.1 [] Januaw 2, 2002 Decemberl9,2001 (5:00p.n~', [] March $, 2002 February20,2002(5:00p.m.) [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDAITEM [] PublicHeariag [] Legal [] Bids [] UnfmishedBusiness [] Annomlcemem [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award Task Order No. 11 for the NE 19t~ Avenue Sanitary Sewer Main Replacement Project in the total amount of $40,234 to CH2M Hill to provide professional design and en[~ineenng services for replacement of sanitary sewer lines, and swale improvements on NE 19 Avenue under the Utility General Agreement for Professional Services. EXPLANATION: The sanitary sewer adjacent tc the easement north of NE 10th Ave, between NE 1st Street and NE 1st Way, has on numerous occasions backed up and frequently requires cleaning and maintenance to maintain flows. The sewer is a relatively shallow line installed by the area's developer and difficulties in cleaning and televising the line indicate that the line may be flat or not constructed to consistent grade and that it may be clogged with mots or other obstructions. The collection sewer has backed up on more than one occasion intd homes and is a continual maintenance problem. Even the deeper sewer that it ties into is a problem due to its depth, age and encroachment into the easement and there are numerous other utilities reported in the easement including gas, cable and overhead electric with none shown on the record drawings. The intent of this project is to move the sewer out into the streets and eliminate the above problems. The laterals will be re-located around the houses as necessary. The preliminary cost estimate of the construction of the proposed sewer line is $175,000. In order to minimize the disruption to neighborhoods, the City will coordinate implementation of its swale improvement program on streets receiving sewer main replacementS incorporating drainage ~mpmvements such as swale, driveway and sidewalk reconstruction. S :~B ULLETIN~FO RM S~AGENDA ITEM REQUEST FORM.DOC (~~) CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ·, PROGRAM' ~I-PACT: This project will eliminate a recurrent maintenance problem for the'~ity by relocating the sanitary sewer system to the front of the properties to replace t'fle e~sting failed sariitary sewer system. Dueto the condition of the existing pipeline it will not allow for in placerehabilitation. Given the blockages that have o~curred in the homes in the project area there could be further problems that'm~y result in-Pri~{~[e,~ty ~am~geia~d; ~S~e ~e'~ sewer ~¢~{ts. '~, ~, i: :FheCit¥,proeo§~S~oeng~ge~';~il,as;~the~hS~[t~ti~q, rOy~det~re Uj~:;~ rofessona phase adviso~ asSistance and ~e~i~ :d~ring; Construction ~SC~ ~ACT: ' ' :' : The project will be fundedfr6~ th~ ~tilities D~pt Aea~' :4?-5000-590-96-04 ~SWR064). The consuita~ fee~o~ $40 2~has be~fi n~o~iated ~it~ O~2M Hill and is considered ~air and reasonable ~or th~se~s g~ scop~ mqmred~ Th~Oc ~[~' D~sign "effo~ associa~d with~ th~s fee ~s $I2,970~. which cq~pares~ .. favorably t~.... -,t~,~ ~. ~:~,~timate~ of construction of- $175,000 for a rat[o Of 7.41 ~. ~he const~ctlon pha~e ~ ~ices will be on an a~needed bas~ to be managed by,he.Dept, o[ Engin~nng, senio~r~ ~d[s Manager. ~AT~S: The CiW has ~nsidered pedo~ing the p~{ect with'UQli~ Dept in-h~se work crews; howevbr gNenthe ~mPlexi~, cdndition o~the existi~ pipes and the urge~cy such wou d not allow for in place rehabilitation. I 'D~Head'~e -~ ~ ' ' C~ M~ager's ~e C:WIy Documents~Agenda Item- NE 19th Ave Sanitary Sewer Main Replacement - Task Order No. 10.dot SABULLETIN~ORMS~AGENDA 1TEM REQUEST FORM.DOC 02/06/02 ~ED 17:00 F:LI 9545986010 CH2~'H~LL/DFB L~10O3 Task Order No. 11 October 15, 2001, revised Jan 24. 2002 Technical Services for Design, Bidding and Construction Phase fOr I SanitarySewers Street andSWale greement for ProfeSsional,Services between CH2M HILL and the CitY,of _ Boynton Beach A.~ Background~. the easement north of NE 19 Ave.. between NW~:.<~ St. and nv_-ne~o'as occasio~ backed up mxcl frequently requ~q~ es c!e~ ~r~.~g a~td line fl~tall~,d 3~ the area s ~ street~. Difficulties the line have lead thc City ~o SUSl-,¢'ct thet the li~¢ is also Fla~: or The cd~iectj~;~wc:i apparently 6-~Ch VCP. ~s backc~ up into ~tle~s[ pne ~me ~ more me~ that~e'o~l~wer~l~atedm ~er~arenor~t~drawmgs ~o~m n~ where 0~e drop ~wer mn~q sou~ towards NE 1~ Ave. ~ere cable and i over 50 ~d collapmd ~the above To I its swale ;idew~ DFO11014A2.3.[:)OC 81/25/2882 12:58 954-698~6010 CH2M HILL PAG~ 03 The CITY has requested engineering services from CI-L2M t-IILL (CONSULTANT) to implement the N~ 19* Ave. Area sewer and swale improvements in the general area bounded by NE 19~ BaSed on current knc/wl~flge of~e s~; ~:~igw~t~eam e×~n~ o ~h~E~o~e~s~Xpe, ed to ~'~s, Task Order provkte for, ~e pr~p~ratiot~i :o~,b~td ~t~le cOx~ttuct~0n dbcuments *~d bJ~d~ p=ovide o , Drawings w~ll be provided at fire 75% and 100% (bid documents) stages. The 75% drawings will be provided at half-size · The Drawin~wlll show the new sewer mares in plan and profile view and the elevations will only be provided &t conflicts, utawings~iu oe a ~cate oz · -- . · The new sewer mains will be located withiu the right-~-ways ot the neighborhood streetS. · swale imvro~ements a~ sidewalk replacement willhe shown by use of ~'~a~ ~a'to~e Ptan~ d~awi~gs- VriveW. ay, tO be :~g~ded and ,.~ag:~ .~n'g,~i~,~ no~e draw~s Swales m~ driveways wflI be replaced ~b6th;~:t~of alW btt~e~ wh~e sewe~ rnam m~rovements are made. · ProVide ~0 th~ ~r~:: fi~e.~0P~eS of full-raze final Drawings a~ ,rig w th e~e~r0~c~v~ 6~ ~e ~in~s',in DWG me fomm~ comp~uble wi_m the · AIl existing .and~.pr~d~ right, f-ways shall be indi d and dunenmo~ed, as shall pubic Utility~e~s~'nen~. ~-~,~ ~}.1 sho~oC~ifions of exis~g water lines, S ~ ,api~ sewers, and storm S~e~ ii~16ts ;$~ts;,~triveWay~ and buildings will he~fl~ on f~e~f~rawings. o ~Sting paverm~s Shallbeindica~ed and dimenSio~]( ~0cat~d within the nght'°f' way. and l~pein~erts es and storm ~ver on all samtary sewe~rnanhol o Rin~elevations Ltile~s shall be indicated.' · Acce~wribl~b~h~.a~ks Shall be listed on all plans using N.G.V.D. ~:sh&~ a~,~uir~d to fully depict the swale, i~kiveway dna /mt~ovements. · Existing und/~e~'xi'utilities will be shown on the ~rawings ba~.e, ct. on field survey wi~ ~.(~tbflc,~a.~,Utility locaticmS Wlli ve vermea w~m ~jt personne~ mtu Cuts". ~ n~t ~/1t raou/re tl4e contractor to provide/~ternal CCTV or SSET surveys ~[i~iaied ~eW~s a~:wcU ~s the e~tmg sewer m me ~men~. ~e e~uns sewer ~-g~ surveyed ~e~ M1 the old service laterals have heen~ealea off. · The CITY's $t~dard Details shall be incorporated into the DrawingS. ~ ~TI~'~ project ~rawimgs are expected to consist of the following sheets: 7. , fox the sewer -~. · Contract'~ts;~ase the G~;se~ ~ortt-end .modified as avo~oi~atei~ this Vt~t. '~ ,~:I.~6 ~cal ~peO~tions will utilize the · Sep~ote bid schedules ~ be provided;fc~ the seWer.~and ~e swale rel~ w0~l~ . , the CITY, The ervice ~:will be sealed o~. * Specifications'~illindude all~estorat/on recluirements, ~ation on Contractor a~cti~zit/es in resident/al neighborh°ods and public nofffic~i~n requirements. The ccaxtract doc~m~ts w/Il pzovide for coordination and taking of temporary construction easements for the rou~g'of service laterals to individual homes by the contractor. Installation of house services will be included in the Contract Documents. 8. Prepare a cost estimate based on the bid prolvosat for the project, ---~. Task 2 - Bid Phase Services -~./ ~:i. ct [0base services to be performed by' the CONSULTANT are: DF~10014A25.OOC 4 01/25/20.02 12:50 g54-Gg8-6018 3H2N HILL PAGE 1. Prepare Drawing and Specification packages for bidding purposes. 2. Respond to Ciuest~ons from prospective bidders and supplier~ and issue addenda as appropriate. 3. Revie.w Lhe bids received and recommend award. Task 3 - Services Oudag Construction The ~p~ons~U~t!on ~? ~i~ ?r ~er~ces d~n~ ¢onsm~ct~on (SVC~ to be provided by hhe CONSULT ANT 'inctud~ }~he ?f,~llow~: 1. prepare a~d issue mLn~tes of meeting. provxmons cd ElSe £ofil~act 3. A .tt~m, CI?~gpl, ~ on, ~,~c~t!qn ~P~ess meetings and pr0vide a written s ~u~mmary °f ~i,,~,,~,~/~nfl~rtt and~or~f6~ ~ CONSD-LTA~ m attendance, who ,will prepare .... FOlio' r e~S meeRn have bee~budge~ed, s,z~ ~ot:r~v~au~ ~. ~ t~ora ~,~n show me ~ ~d~ ~g~mc~0~ ~ dn ~ked p~, dra~n~, ~d other data ~ovided by ~ con~a~or- C. Assumptions ~e foHo~ ~o~ were ~de for the p~a~on o~ ~ T~k Order: 1. ~e ~ ~ provide "~omt~d' con, ct doc~m ~ ~ f~t ff ~ey have ~ ~m w~t ~ CONSULT~T a~eady has. 2, ~e Ci~ wffi p~ide st~dard ~w~ m~ ~d s~ deta~ ~ ~tM fomat. 3, ~e~ ~e ~ ~g req~e~ ~pa~ for ~ proj~t. 4. ~f~ffon of ~d t~g cd ~y e~men~ will be &e resp~sibffi~ of ~e Ci~. D. Additional Se~ices ~ foHo~g ~e ex--pies of some sp~fic addifio~l ~c~i~ ~at ~y be r~ed, bu~ ~ not ~clu~ wi~n t~ Scope of 5 DFBI O01.4A23,DOC 01/25/~002 12:58 954-698-&010 CH2M HIL~ 1. Additimial superwsion or construction observation in excess of that specified ~t ti'ds Task Order. 2. Comtn~ction phase services a~ based, on an est/mated 8 week,s bf ac/ual COnStruction from the time of mn~actor mobilizaticrt/toRnal inspection, If h%e pe/iod C~F~tion m.exrenaea, additional ti~e mu e.xFe~u~,m~y!t2e~e~_~, ~ ,: ...... ~ 3. A~_s/s~'~gthe CJ~ in the seulemem water table 01/2~002 12:~0 95~-698-6010 OH2M ~ILL P~GE 08 NE 19~ Ave. Sewer a~d Swale Replacement Ci~ of Boyn~on Beach Labor L~or ~p~se Gr~d Ho~ C~t Cos~ To~al Task 1 - Co~t~uc~on Doc~en~ 110 $12,~ ~70 ~12.~0 T~k la- S~ey N/A ~ ~,I50 ~,520 T~k Ib - Pe~ng 24 ~,650 ~1~ $2.~ T~k 2 - Bid ~e ~ices 35 ~ ~10 ~,1~ Task 3 - ~i~s D~g Coercion 140 $15~ 51,3~ $16~ T~k 3.3 - ~sid~t Obse~a~on* To~ ~,a~.~ $5,7~.00 ~0,~0~ G. $ch~ule ~e 75 p~cent comple~ Dra~ (~clud~ng field s~ey) ~ be completed w~ 60 days ~m ~e No~ce to ~oce~. ~e 100 p~t c~pl~e Draw~ ~I1 be comple~d ~ 30 da~ of receipt of ~e C~'s r~iew co~ on ~e 75 pe~ent Dra~. APPRO~D ~: C~ O~ BORON B~ ~O~A By: Ku~t Bressnet, ~ty Manager Dated this ~ day of .2001. SUBMYTrI~t9 BY: Thomas M. McCormick, F,G. Vice president, Area Manager Dated this day of .2001. 7 DFBIOOI4A23.OOC VI'I'.-CONSENT AGENDA ITEM B.7 RESOLUTION NO. R0g- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH. FLORIDA. AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE TASK ORDER NO. 11, BETWEEN THE CITY OF BOYNTON BEACH AND CH2M HILL IN THE AMOUNSr OF $40.234.00 FOR PROFESSIONAL DESIGN AND ENGINEERING SERVICES FOR REPLACEMENT OF SANITARY SEWER LINES AND SWALE IMPROVEMENTS ON NE 19TH AVENUE;; AND 'PROVIDING AN EFFECTIVE DATE. WHEREAS, the sanitary sewer adjacent to the easement north of NE l0th Ave.. between NE 1~t Street and NE 1s~ Way, has on numerous occasions backed up and frequently requires cleaning and maintenance to maintain flows; and WHEREAS staff has recommended relocating the sanitary sewer system to th~- 5'ont of the properties to replace the existing failed sanitary sewer system, which wilt eliminate a recurrent maintenance problem for the City; and WHEREAS, the City Commission upon recommendation bom staff, deems it appropriate and in the best interest of the residents and citizens of the City to approve Task Order No. 11 with CH2M Hill in the amount of $40,234.00, as the consultant to >rovide the required professional engineering services including survey, permitting, onstruction documents as well as bid phase advisory assistance and services during :onstmction. NOW, THEREFORE, BI~ IT RESOLVED BY THE CITY COMMISSION ~F THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to approve and execute Task Order No. 11, with CH2M Hilt for professional design and engineering services for replacement of sanitary sewer lines, and swale improvements son NE 19th Avenue, in the amount of $40,234.00. Section 2. This Resolution sha}l b~ome effective'immediately upon passage. PASSED AND ADOPTED tt~s . day of Febni~, 2002. ~ ~'- ~ .~.~ .~C~Y~OF~:BOY~TON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner Corporate Seal) :a~r eso~agreemems\Consultant- Task Order 1 [ 021202 VII'.-CONSENT AGENDA I'TEIVl B.8 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cit~ Commission Date Final Form Must be Turned Requested Cit3 CommJssmn Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates in to Cit~ Clerk's Office [] November202001 NovernberT. 2001 (5:00p.m.) [] lanuaryl5.2002 Januar~ 3, 2002 (5:00 p~ [] December4,2001 Nover~er 21, 2001 (5:00p.rn,) [] FebruaryS, 2002 January l6, 2002 (5:00 p~) _ ~'- [] DecemberlS. 2001 Deceraber 5. 2001 (5:00p.m.~ [] Februa~lg, 2002 Februmy 6, 2002 (5:00 p~ [] January2,2002 Decemberlg, 200l (500p.m.) [] MarchS, 2002 Februa~y 20, 2002 {5:00 p~) [] Administrative [] Development Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal ~'~ Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to award the "ANNUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES", Bid #095-1412-01/KR. to various vendors with an estimated annual expenditure of $110,000.00. (New Bid ~36-1412-02/KR) CONTRACT PERIOD: FEBRUARY 20, 2002 TO FEBRUARY 19, 2003 EXPLANATION: This is a joint bid with the City of Delray Beach, Bid #2002-04, acting as the lead agency. On November 28, 2001, the City of Delray opened and tabulated seventeen (17) proposals. The multi-award recommendation is based on the low bid 'per product grouping. The four companies recommended for award are the lowest, most responsive, responsible bidders who meet specifications; all have supplied product satisfactorily in the past. Agenda Request and Award Recommendation Memo from the City of Delray Beach is attached. Dominic DeMauro. Warehouse Manager, concurs with this recommendation (see attached memo). PROGRAM IMPACT: The purpose of this bid is to establish firm prices for the purchase of Medical and Drug Supplies for the Fire Department. These supplies are ordered on an "as needed" basis and stocked in the City's Warehouse. FISCAL IMPACT: ACCOUNT NUMBER/NAME ESTIMATED ANNUAL WAREHOUSE INVENTORY EXPENDITURE 502-0000-141-01.00 $110,000.00 Q // Department Name City Attorney Finance / Human Resources cc: Dominic DeMauro. Warehouse Manage~ File S:~BULLETIN~FOKMSLAGENDA ITEM REQUEST FORM.DOC MEMORANDUM TO: BILL ATKINS DATE: FEBRUARY 6, 2002 DEPUTY FINANCE DIR~,~R. FROM: DOMINIC DE MA.UROll_I,t'kL, SUBJECT: AWARD WAREHOUSE"'""--MANAGEP~ · RECOIVlMENDATION BID#036- [412-02 KR "AN2qUAL CONTRACT FOR MEDICAL AND DRUG SUPPLIES" The tabulation sheet fi:om the City of Delray Beach~pUrchasihg Department has been reviewed, and I recommend a multi-award to the over all low bidder by product category. This is a joint bid with the. City ~f Dekay Beach, Bid #2002~04~ approved by .the Dekay Commission on February 5; 2002 (see attached documentation). 'Our annual estimated expenditure $110,000.00. : If you have any questions, please contact me at 6324. 56~437~66 C~Y DF DELR~Y ~ACN 3~ PD! FEB ~ PURCHASING DEPARTMENT CITY OF DELRAY BEACH I00 N.W. FIRST AVENU£ D£LRAY BEACH, FLORIDA 33444 FAX TRANSMITTAL Company Name: Fax Number: Tota{ ~umber of Pages I~dudln~ Transmittal Sheet'~ '~ RE: ~ ~' ._ ~ FROI'~: ~ ]ACKLYN ROONEY, PURCHASING SUPeRViSOR PHONE (561) 243-7163 FAX (561) 243-7166 coPIES: i i tF YOU DO NOT RECBIV£ ALL O1: THE ABOVE REFERENCED PAGES, PLEASE CONTACT NAME OF SENDER ABOVE. .--) Y. REALLOCATION OF FU~$: Approve reallocation of FY 2002 Dn~g Cont:ol Systtm Impwve;.me~t ~0 ~aa&~ ~ r~co~nd~d by ~ Crml Ju~ce 1. ~&ase ~ to ae~ M~hc~g, Inc./Tea 8 ~ ~ amo~ of $751,154.00 for ~ ,~plia~nt l~ app~ms. F~g ~ a~ble ft~ 501-~312-591-~4.20 (~a~/Automo~ve). P~ue a~ m Comp~e ~ ~ i~um o~ [~,282.~: for ~e p~chase of ~u~g' h ava~b~ Ei~pm~nt). 4. Bid awed ~ Altec [nd~s, Ina h ~ ~o~t of ~104,1~I AlPc Mo~d ~V-55-AS b~cket ~ck-~det GSA con~ac/ ~GS-30F-1028G. / 5. P~e a~d a ~e ~o~at ~17,165~Q0 to Da~ Flow Systems ~sole so.ce) fo~ te[~e~ s~st~ die tenet ~, ~ is a~ble f:om.~l;5143-536-64.~ {0~ M~e~ and ~pm~t). 6, Con~c: a~dm ~ Assoc~ms, Inc. ~ ~e amount'of $22,710;34 B: Phase II 33~3162-541-6L10 ~. m~pl= respon~ve bidd~s [or !..~nd &rog s~pp~e~ a~ an es~a~ed annul B~ch. F~g ~ arable fgom 001-2315- 526-52.~0 (Gene~ Op~ 8. Bid aw=d '~ B~, Inc. for ~e ~o~ T~n C~ ~ ~e ~o~t of $303,472.50,' F~ ~ aw~ble ~om 33~6111-572-62.09 ~o~ $195,905 (General ComecOn ~g/~ekl7 ~o~ Te~ Co~) and 117-6111-519-6~.40 % il 08,000 ~c~n Imp~t ~oEet Bhde and 5ka=e B0atd ~GU~ AG~ A. ~OUE~ FOR MODIFI~TION OF ~T~$ ~RNING PIERS: Co~d~ mo~gon of s~nd=~ ~ ~nd D~10pment Re~on~ ~R) S~on 7,9.8 ~e~ F~t Pi~ p~nt to 5ec~on 7.9.4(A) of 20-foot ~er p~t to ~ con~t*d ~ 4~ 5E 7a Argue. ~e ~ st~d is 25- feet of dock Wag~, ~i-f~t~ 02-05-2002 rlT¥ DF DELN#¥ BEI:I£H m'-';.~, M~MQRAN,DU~ TO: Ja~ie R~ney. Pur~as~g Su~is~ FROM: ~cha~ A~an. Pam~di¢ Lieutenant DATE: Jan~a~ 8.2~2 SUBJECT: Bid ~2002-04 ~1 and Drag ~pplies Joint Bid w~Ci~ of B~t~ Bea~ A~ mv~g the tab shee~, I redmond we a~ the bid to the folto~ng vendom: 1. Eme~en~ ~di~l Pmdu~ Grips 1.6 and 7 2. P~I Grips 2 and 5 3. Sun Belt ~EEme~i So~ Group 3 4. So,eastern Emerge~ Equip~nt Group 4 These ~mpan~s were i~ b~ ~r ~e grips m be award~. I have medi~l ~u~s from ali t~ ~an~s in ~e pa~ wi~ no problems to date. The annual ~t ~this bid ~ estimat~ to be $91.~0.00 and w[fl be paid ac~unt ~de ~1-~1 ~5~2.20. If ~ have any qu~s you ~n' reach me at 243.7~ ~r my ~me number 732-1369. ~chaffi A~e~an Paramedic Lieu~nam ~dk Robe~ Moreland. D~ision Ch~ Ellen P. Wi~ ~minis~ative ~r FIRE DEPA~ME~ HEADQUARTERS · ~'1 WEST ATOMIC AVENUE · DE~AY B~CH, FLORIDA 334~ (56~} 243-7400 · SUNCOM 928-7~ · FAX {561) ~4~7451 ME!~,~OR AN DUM TO: David T. Harden, City Manager ' · FROM: Jacklyn Rooney, Purchasing Supervisor THROUGH: Joseph SaUce Director DATE: January 28, 2002 SUBSECT: DO~NTATION ~ CITY COMMISSION MEETING FEBRUARY 05; 2002 - BID AWARD - BID $f2002-04 MEDICAL AND DRUG SUPPLIES - AN~'AL~ CONTRACT Item Before Commission: City Commission is requested to make multiple awards to [ow responsive bidders, as s~ated below, at an estimated annual cost ot'$91,000 for the City of Delray Beach. Back,round: The City of Delray Beach is the lead entity for this joint bid with the City of Boymon Beach. Bids were receivad on November 28, 2001, from seventeen (17) vendors, all m accordance with City purchasing.policies. (Bid #2002-04. Documentation on file in the Purchasing Office). A tabulation of bids is attached for your review. Purchasing met with Richard Ackemlan, Paramedic Lieutcnanl of the City of Delray Beach Fire DeparIment and made changes to last years bid specifications. This year the various groups were changed to incorporate together the. corresponding items in tach category and to delete the miscellaneous groups which resulted in the award this '),ear to four (4) veMor rather than the amoun~ of seycnteen (17),vendors a~warded last year. This groupingwill make the ordering of the products more pi'O~lUctiv~/'or'the' Fire Department and. reduco the 'time spent looking up each item to see which vendor was awarded what item. The group totats listed on the tabulation of bids reflects the total o£the, unit m-ices for each item in that The Fire D~panment recommends award to low responsive bidders as Hsted below per attached memo dated 01/08/02. Recommended Awarded Vendors:~ Orouo Number: Emergency MediCal Product 1, 6 and ? PMX Me.dical 2 and Sun Belt MedicaUEmergi Sour~ 3 Southeestem Emergency Equipment 4 ~GENDA REQUEST Reques~ be pla=~ an: Pebrua~ 05, 2002 Date: J~nua~ 28, 2002 ~ Con~nt Age~a Specia} Agenda Wo~p Agenda ~ription of agenda ~m: A~rov~ for Bid 2002.~, ~o~ bid ~h C~ d~g suppJies ~ ~Houa van~s at an ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to various vendors for the purchase of medi~aJfdrdg supplies for ~e Fire DeDalmant at an estimated annual usage of $91,000 per Bid #2002-04 ~oint bid with City of Boynton Beach). Funding from account code 001.2315-526.52,20. Department Head $}gna Detennlnation of Coneiatan=) r w.:,m ~;omprenenewa City Attorney Review/Recommendation (if applioabla): Budget Director Review (required on all Items involving expenditure of funds); Funding available: Yes I.''''~'~?-t~ No Funding alternatives: (if applicable) City Manager Review; Approved for agen¢la: Yes No Hold Until: Agenda Coordinator RevieW: Race;veal: Action: Approved Dtsapprove~ Recommendation; Staff recommends awa~rd to various vendors outlined above alld hl~llI..~lt~d Oil attached Tabulation ~ mnual cost of $91,000 Funding from City of Detray Beach [ 5-f26~52.20. Allachments: Tabulation of Bids Item Cc: Ri hard Ackerman,-Paramed~c L~¢utenant D~,eJray Municipal Beach City ~fBoynton BeaCh VIL-CONSENT AGE NDA ITEM B.9 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM RequesTed City Cornm~ss~on Date Fhaal Form Must be Turned Requested City Commission Date Final Form Must~rned Meeting Dates in to Cit, f Clerk's Office Meeting Dates in to City Clerk's e -- [] November20 200I November7,2001 (5:00p.ra.) '~ January l5. 2002 January 3, 2002 (5:00 p.m._~ [] December4.2001 November21.2001 (5:00p.m.) ~_ FebruaryS, 2002 January l6, 2002 5:001E~.) --~'- [] December 18. 2001 December 5. 2001 5:00 p.m.) --[~ February 19. 2002 February 6, 2002 5:00/~.) [] January2,2002 Decemberlg. 2001 ~5:00p.m.) [] MarchS, 2002 February 20, 2002 (5:00 p.m. [] Administrative [] Development Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal r-- Bids [] Unfinished Business [] Amaouncement [] Presentation [] City Manager's Report RECOMMENDATION: Motion for a split award for Bid #028-2821-02/KR. "PRODUCTION WELL REHABILITATION, PART I AND PART II", as follows: Part I to Diversified Drilling Corp. in the amount of $107~804.00; and Part II to Marine Engineering Contractors. Inc. for a two-year period, with an annual estimated expenditure of $100,000.00. EXPLANPiTION: On January 22. 2002. Procurement Services opened three (3) proposals for the bid referenced above. The bid allows for Part I and Part II to be awarded separately, since it is in the best interest of the City. Part I is the rehabilitation of Production Well Nos. 15 and 16. which are currently out of service. Upon re,new, it was determined that Diversified Drilling Corp. of Tampa, Florida be awarded Part I. Part II is a two-year contract with unit pricing for services, pumps, motors, and pipe necessary for wellfield maintenance and repairs. Based on this unit pricing and the calculation of various scenarios for quantities, it was determined that Marine Engineering Contractors. Inc. of Lake Worth. Florida be awarded this portion of the bid. Both vendors are the lowest, most responsive, responsible bidders who meet all specifications for their portion of the award. Bob Kenyon, Deputy UtllitiesDirector, concurs with this recommendation (see attached Memo #02-013). PROGRAM IMPACT: The work specified as Production Well Rehabilitation consists of two parts. Part I includes the rehabilitation of Production Well 15 and investigation and rehabilitation of Pi~oduction Well 16. Part II is a request for proposals for pricing, for a two-year period, for rehabilitation, maintenance, parts and equipment services for the City's twenty-seven (27) production wells located throughout the City. FISCAL IMPACT: VENDOR AWARD ACCOUNT NUMBER ACCOUNT AMOUNT NAME Diversified Drilling Corp. PART I 405-5000-590-96.02 WTR075 Renewal & $107,804.00 Replacement Marine Engineering PART II 405-5000-590-96.02 WTR075 Renewal & $100,000.00 est. Contractors, Inc. Replacement annual expenditure TOTAL $ 207,804.00 S:~BULLETINNFO1LMS~GENDA iTEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ,~ Purchasing Agent Cx~ Manager's S~gnatare Deparmaent Name /~.' ,CltY'~tC~e~ffJ'Finaace/Itum~.: Re~em'¢~s cc: Bob Kenyon, Deputy Utilities D/rector Barb Conboy, Administrative Coordinator File S%BULLET1NXFORMSLAGENDA ITEM REQUEST FOP, M.DOC MEMORANDUM "' :~' '4~ Utilities #02-013 [:E[~ 0 § 2~0~ PROCiJRE~E_N.'~ SERVIC:E~ TO: Bill Atldns, Procurement Services Deputy UtilitiEs Direct~6r DATE: February 4, 2002 SUBJECT: Bid #028-2821-02/KR Recommendation of Award for Production Well Rehabilitation I have reviewed the bids for Well Rehabilitation Repairs, Equipment and Services. This bid was divided into two parts. Part I is the rehabilitation of Wells 15 and 16which are currently out of service. Part II is a two-year contract for ongoing maintenance, eqmpment replacement and repair of the twenty-seven production wells. We received three bids and recommend that Part I be awarded to Diversified Drilling Corp. in the amount of $107,804.00. They were the lowest responsive, responsible Nd for Part I. Funds are available for this amount in Renewal and Replacement account g405-5000-590-96-02 WTR0?5. We further recommend that Part II be awarded to Marine Engineering Contractors, Inc. Part II provides unit prioing for sixty-three services, pumps, motors, pipe, etc., for wellfield maintenance and repairs necessary for proper wellfield operation. Based on unit pricing, we calculated the bids using.various.scenarios for quantifies purchased. Marine Engineermg Contractor, Inc. was the lowest priced, responsive, responsible bid. The amount is estimated at $100,000.00 per year for two years and funded from Renewal and Replacement account ~405- 5000-590-96-02, WTR0?5. This rehabilitation and maintenance expenditure is estimated at $30'/,804.00 over two years for both parts of the contract. Please present this recommendation to the Commission for their approval to award this bid to two contractors, Part I to Diversified Drilling Corp. in the amount of'$1~07,804.00, and Part II to Marine Engineering Contractors, Inc. for an anticipated expenditure of $100,000.00 per year for two years. If additional information is needed, please contact Bob Kenyon at ext. 6402. /gb xc: Bob Kenyon Barb Conboy Dora Formanek Dale Sugerman File CH2M HILL ~ ~ Hillsboro Executive Center North FEB . J Deen~eid Beach. FL January 29, 2002 167668.WR.TS Mr. Bob Kenyon, Deputy Utilities Di~ctor City of BoYnt~ Beach 124 Z5 Wootbrlght Road Bo~-~on BeaCh~ i~!'33z!135 Dea~ Mr. Kenyon: Subject: Hvaluati0n of Bids for the City of Boynton Beach Production Well Rehabilitation Contract; Bid'Nu_mber 028~2821-02/I<~ Bids for the City of Boy.ton Beach Production Well Services contract were opened on January 22, 2002, at 2:30 P.M, A total of sixteen potential bidders purchased Contract ~"~ Documents, and three bidders submitted proposals for the project. The work is divided into '~ Parts 1 and 2. Part 1 consists of work related to the repair of production wells 15 and 16. Part 2 Consists o{ a 2-yea~ service contract for prOduction wellfield rehabilitation and maintenance, The Contract Documents do allow for Parts 1 and 2 to be awarded separately should it be decided that it would be in the City's best interest to do so. A bid tabulation has been prepared (copy attached) for both Parts of the bid. Each of the Contractors who submitted a bid are listed below, in alphabetical order, with price for each Contractor Part 1 Part 2 Total All Webb;s Enterprises~ Inc. $308,200.00 $431,689.00 5739,889.00 Diversified Drilling Corp. $107,804.00 $386,522.92 $494,326.92 Marine Eng. Contractors, Inc. $145,138.00 $226,730.00 $371,868.00 Each proposal has been reviewed for submission of the proper attachments and for mathematical accuracy of quantity, unit price and extended amount. The bid proposals are sttmmarized below and on the attached bid tabulation. All Webb's Enterprises, Inc. - The All Webb's Enterprises bid proposal was the highest bid received for both Parts of the project. A mathematical error was found in Part 1 of the Bid Mr. Bob Kenyon Page 2 January 29, 2002 Form. The error was corrected for the bid evaluation and the prices in the above table reflect the corrected price. The bid package was found to be complete. Diversified Drilling Corporation - The Diversified DlqlHng bid proposalwas $107,804.00 and$386,q22.92 for Parts 1 and 2, respectively, for a total bid price of $494~326,92. Dtx~ersified was the lowest bid r~ceived for Part 1 of the project. No mathematical errors were found and the bid package was complete. CH2M HILL has worked with ~Diversified Drilling on other productio~well projects and found thei~ work to be acceptable. Marine Engineering Con, actors, Incorporated - The Marine Engineer~g Contractors, Inc. bid vroV°~ was $~%5,13~8.00 and $226,~30.00, for Parts 1 and 2, respectively, for a ~ota~l bid '~; o35371,868:00 ~t~ematical errors were found in Parts 1 and 2 of the Bid Form. Upon ...... ~_ .... -~ ..... Mar~4o En~ineerin~ was the lowest bid received for Part correcun~ me mame-uUa u~ ~=~ ~0,:.~2~'~ o-- o ~;and the lowest overall bid (sum of Parts 1 and 2) for the prolect. The b~d package ~oans to/md to be;complete with the egception ~f the Inclusion of the Bidder's Site Inspec i ~- form. The, Bidders Sffe ~ection. ~orm has subsequently been received from fft~ bidder. CH2M H1LL has not worked with Marine Engmeerlng on any ~ell-related pr?j .ects ~ the pas~, hOW~V, er, we have worked with their subcontractor, AMPS, and found their work to be acceptable. l~ased on the bid prices f93: the Production Well Rehabilitation project, it is the ed°mm datiorf cH2 '. Hii ,ld!that the contract be broken into 2 separate contracts. This '~: allo~i}~he ci~r~t~ conflict Wiilx~the lowest bidder for each Part of the contract, namely, D~vers~}prilling Corlgoratio~ for Part 1 and Marine Engineering Contractors, Incorporated for part 2 oYthe contract. Should youihavel,any questions :regarding this matter, please call me at (954) 426-4008. Siacerely, CH2M HILL David IVfd~labb, P.G. Project Manager DFB/17556.doc c: John Guidry/City of Boynton Beach Tom McCormick/CH2M HILL , z ' ~ ~ '~ :~. ~ Z o~ ~ ~ ~z < ~ O~ ~- O~ ~ o _~ m ~> m m ~ z~ m m · 6 D om z ~ ~ Z ~ ~mC~m m m ~ ~ 0 om m m ~wm=~ ~ m~ ~ ~ ~z~ ~ Z MEMORANDUM TO: JANET PRAINITO ,_ DATE: FEBRUARY 6, 2002 CITY CLERK / I~ROM: ' KAREN RISELEY ~flt/ SUBJECT: ORIGiNAL CONTRACT BUYER BID#028-2821-02/KR " TIF PRODUCTION WELL REHABILITATION, PART I AND PAR Attached is the original}CONTRACT fo? Part~ I~ in :reference to this bid (Part II does not require a contract) A copy lx~ l~eii' S~nt m the C?ty atfome?s office for preparation of a Resolution. Thank you. /ktr Attaehment - Contract cc: File BID TITLE: pRf}DUCTION WFJ,I~ RFJtARIIJTATION~. PART I I~EHARII JTATION OF PRODII(~TION VCI~J ~1 ,~g NOg. 1 ~ AND 16 B~ ~BER: 02g-2821-02/KR CI~ OF BOYNTON BEACH, ~O~DA CONTACT FOR CONSTRUCTION SER~CES THIS CONTRACT, made and entered into this day of 20 , by and between the CITY OF BOYNTON BEACH. a municipal corporation of Florida, hereinafter called the "CITY" or '~OWNER" a~d 1)IVE~RglFIrEJ) DRII ;T,ING CORPORATION, a Florida Corporation (_XD Check One a Florida General Partnership ( ) a Florida Limited Parmership ( ) a Sole Proprietor ( ) hereinafter called "CONTRACTOR". WITNESSETH A. 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: PRODUCTION WEJ J, RF, HARII ,ITATION PART I - REHABILITATION OF PRODUCTION WELLS NOS. 15 AND 16 B. Contractor, in compliance with the bidding requirements announced by the City, submitted a bid on the 21st day of JA]51IJARN+21~, for the total bid amount of $10'7,804.00. C. On the 19th day of FERRUAR¥, 21102: the City Commission designated contractor as having submitted the bid that was most advantageous to the City and authorized the execution of this Agreement D. The Parties agree that the Project is scheduled to be completed within 9_0 calendar days of the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are penalties to the CONTRACTOR for the failure to meet such deadlknes. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: c-1 1. AGREEMENT 1.1. The Parties agree that: 1.1.1.The foregoing recitations conta/ned in Paragraphs A-C are tree and correct and incorporated herein by this reference. 1.1.2. The ClffY does hire a~.~d employ the CONTRACTOR to provide 1.1.3. The CONTRACTOg:~d0~g¢~ept~this Cantract and doe§ 0gr~e m ~sh the necessary labor, toots;.equiliment, matei4als and~.suppli~i, 'e?,, ~d .to complete the Project bY pi:elr or ing (alt-the Work a,s forth ?be'mi Contract and the C0ntract~D~mems: for the price ~u~d amour, tS ~et forth in Contractor's bid. 1.1.4. Contractor is an independent contractor as that term is se~ fo/th in the General. Conditions for Construction (GC-2) 1.1.5. Unless o~m'ise provided, all time frames referenced in all Contract DodUments shall be calendar days. 2. SCOPE OF SERVICES 2.1. The Project consists of those/mprovc~aents described and set forth in the Contract Documents. 2.2. The Contract Docttments are the compilation of the following individual documents: 2.2.1. Advertisement for Bids 2,2.2. Instructions for Bidders 2.23. Bid Proposal 2.2.4. Bid Bond 2.2.5. General Conditions for Construction (GC) - all re~erences to "GC" shall be to section numbers 2.2.6. Construction Contract 2.2.7. Certificate of Insurance 2.2.8. Pubhc Construction Bond 2.2.9. Letters of Credit 2.2.10. Technical Specifications 2.2.11. Contract Drawings and Plans 2.2.12. Addenda 2.2.13 Written directives or interpretations 2.2.14. Manufacturers warranties c-2 OBLIGATIONS OF CONTRACTOR 3.1. ContracTor shall: 3.1.1. Furnish all materials, supplies, machines, equipment, tools, superintendents, labor, msurance, and other accessories and servmes 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 re 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, equipments materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike marme~, and in conformity with the detail for said work on file in the office of the Project Manager and strictly in accordance with the Contract Documents. 3 1.4. Guarantee all work and materials for a period of one (1) year. Upon receip~ of written notification from the CITY, CONTRACTOR shall correct any defective or faulty work or materials which may appear within one (1) year after completion of the Contract and receipt of fmal payment. CONTRACTOR shall makethe necessary corrections within ten (10) days of receipt of the written notice. Comply with the provisions of Section 255.05, Florida Statutes, if applicable. Pay promptly, before fmal settlement, any and all claims or liens by subcontractors or material sUppliers, incurred in and al~out this work. Finish re!ease of liens forms from /11 subcontractors'and suppliers Of ma~r/als. R~iehse of lien forms to be utilized shall be Supplied by CITY. 3.1.6. Remove and clean up all 'rubbish, debris~ excess material, temporary structures,~ tools and equipment from streets, alley.s, parkways and adjacent property that may have been used or worked onby the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for us~, leaving the same in a nea~t and presentable condition. 3.1.7. Observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 3.1.8. Obtain wrigen approval from the CITY of all subcontractors not disclosed in the Contractor's bid document. C-3 3,1.9. Perform such other tasks as set forth in the Contract Documents. 3.1.10. Shall provide all required bonds, insurance certificates and any other required security for performance of the Project within ten (10) days of the Award of the Project. 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 0r injury occuning from any cause resulting from their acts or omissions or the acts or omissions of their subcontracts or suppliers 4,. CITY'S~ OBI~iGA~T~ONS City:shall provide a written notice, to proceed not later than ten (10) days from the . e~ecufion 6£~this Contract. 4.2.Make timely:payments for the work in accordance with the procedures and time frames set forth in the Contract Documents. 4.3. On satisfactory, completion of the Project, provide a written final acceptance and - payment for the entire project. 5. COMMENCEMENT, OF WORK 5.1. CONTRACTOR hereby agrees to commence work under this contract on or ~,~ before a date robe sgecified in the wrinen "Notice to Proceed" of the CITY and to fully, complete the project within O0 calendar days following the commencement date as specified in same. 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 §pecified and required to be performed witlfin the time limit set forth in the contract, after due allowance for any extension or extensions of time made m accordance with the Contract Documents, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, the amount stipulated in Section 6.0 hereinbelow for each and every calendar day t~hat the CONTRACTOR shall: be in default of completion. 5.3. cgNTRACT~OR shall notify the Project Engineer in writing of any change in the n~ames and addresses bf 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 ~ the Project Engineer may direct, and shall not ~dpi~oy any' ~at CITY may, wtthin a reasonable tune, object to as incompetent or as unfit. ~ ~ 6. LIQUIDATED DAMAGES 6.1. The CONTRACTOR further agrees to pay $ 100.fi0 per day as liquidated damages, for failure to begin~within ten (10)days of CITY's issuance of the "Notice to Proceed" or failure to complete the work wittfin 9Al calendar days from the commencement date as indicated in the written ''Notice to Proceed". The CITY, shall have the r~ghi to deduct, said liquidated damages from any amount due, or. that may become due the CONTRACTOR, , or tocollect such liquidated damages from the CONTRACTOR or his Surety. 7. PROTECTION'OFEXt~ ~STING FACILI~!E. ~AND WORK IN PROGRESS 7.1. The coNTRACT0'~ warran~s.-that?quotgd prices inc!ude the protection and continuous use of all existing ~yo~:k ~in process, Property or operations of the CITY as more particularly set forth in the General Conditions for Construction (GC-44, GC-45, and GC-46). 8. INDEMNIFICATION 8.1 The CONTRACTOR shall indemnify and save harmless and defend thc CITY, its agents, servants, and employees from and against any ola/m,, 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 em~lo~yees fi.om ;against any kind and al} causes, claims, demands, ~ictions, losses; liabilities, settlements, judgments, clam,ages, costs, expenses, and fees (including without limitation reasonable attorney's and paralegal expenses at both the trial and appellate levels) of whatsoever k/nd or nature .for damages to persons or,property :caused in whole or in part hy any act, O~ission, or default of the. CITY, its agents, servants or employees arising from this contract or its perfoiauan~e~ Th~ CONTRAC~OK and the CITY hereby agree and covenant that the CONTRi~CT~R has inc ~ ~ojP0rated in this original bid; which constitutes the contract s~ p~.~b~le' byithe.iCITY to the CO,NTRACTOR, ispecific additional considerati~fl iin :the amo,nnt,;of !eh dollars (~10.00) s'effiCient to support this obligation Bi~indemnifie~tionlpro~;ided for in this paragraph¢ The indemnification required pmuant to the CoI~tract shall in no event be les~ than:S1 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 m comphance w~th Section 725.06, l~lorida Statute. c-5 8.3. The execution of this Agreement by the CONTRAC,TOR shall, obligate coNTRA~OR t0 c~mply ~ith tl~e fO] ,going ifid6~fieation~provision~ as well .as th~'ii~surahce' P~ovis!0ffs,- Which ar~ ~t :f~rth.:in ::~h'e, Oeh~ral 'Conditions for C0~is~tni~tion. "Ho~v~ve~, :ihe:-~i~d6r~/fi 5eatibn?isrovislon, ima'!the insurance 'l~r3vision 'fi0ntam~0..* ;i~,:?'¢~}?~e[i~at CbnmdOnS ,'foi~. Cbnsti~cfion are not '.hifekdepend~t $~e~ch'c~il~ei:}:isUt Vathel ~'ach'~nd is s~paraie and distinct from the other. -'; - · 8.4. to 9.1. The CITY agrees to pay the CONTRACTOR in current ~ds for the performance of the contract, subject to additions and deductions Documents. 10. CHANGES~IN-~TI~,~ WORK, 10.1. The: CITY,~ ~th0ut i~ivalidatin§ the Contract, .may-order .extra work or make cha~es BZ altering, ~adding to or deducting~from, the:work, the Contract sum being adjusted accordingly. All slteh work:shall be executed under the conditions of'the~on~alContract. Any.;c!aim~for e:~smn ~f ~t!me caused:thereby shall be mmic !in.~tmg a~ the time sg¢~ ch~ge ~s, ~id, er~.- Ch.anges m the work must be proeessed~as get fo~ m the General ~on~fi~ns for Consh-uctmn ~GC-57). 10.2. All chung¢~ b~ders.and.adjustmeftts,sijal[, be"in~ -eefiting and approx~ed by the Project Manager,?_~erw~se~ no 'claim 10.3. Cl~m 0gg~ mt for .extra worg sti!tL5~ ~lbmi~eg by, the:CONW~RACTOR upon cemf~ed~?S,tia~/~ent~ ,sUPP°rt~,~ac~. ~ed~il§. :S~ch ,*tatements shall be ' Con, bi the work was c[o. nb~i,.Nr! ~m~6r.~xtra ~ l!~b aAlbv~d ~u!~.eis sgme was ordered, in ~/~. ~i~e~:gi'~the! first estimate after the w/jr!~ is 11. PROJECT EN~I1N]~, _, ER. 11.1. T!xe:l~rc~j e~t!,Engmeer ("Engineer~) ,is Bav~:~MeNahh: P-G- CI-I2M Hall 11.2. l'he Prmect 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 m stop the work whenever such stoppage may be necessary to insure the proper exeeution of the Contract. 11.3. As the Project Engineer is, in the first instance, the interpreter o.f the conditions of the contra~t and thgjudge of its performance, he shall side neither w/th CITY nor with CO~TKAcTOR~ bu~t~t~ shall. ~se his 'authori~ 'i~ursmmt to the Contract to enforce its faithfifl performanCeby both parties. ' 11.4. In ;,the~, event Of a disp~t~ the 'roke ~o£ the Project Engineer is to make rec6mmendatio~ to the P~0Ject ~an~t~e~: ~vho shalt'make thelfinal decision. 12. INSURANCE 12.1. The Contractor shall obtain and maintain insurance as set forth in the General Conditions for Construction (GC-28). 13. CONTRACT CONTROLS 13.1. This Contract must be construed with all other Contract Documents, a master set of which shall be maintained by the City Clerk of the CITY. In the event of a dispute, only the master set of documents, or copies thereof certified by the City Clerk. shall be used as evidence. 13.2. In the event of a conflict between the requirements or speciticatiofis set forth in the Contract Documents, the conflict shall be resolved by written interpretation by the CITY, or its representatives as set forth in the General Conditions for Construction (GC-18). In reconciling conflicting provisions of the Contract Documents, the Contract shall have the greatest weight, followed by the General Conditions for Construction and finally by the balance of th6 Contract Document 14. TIME OF ESSENCE 14.1: Inasmuch as the provisions of the Contract Documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY m complete the construction of a public improvement in accordance with a predetermined program, all such time limits are of the essence of the Conucact. C~7 15. REMEDY FOR DELAY 15.t~ In the event of,any delay in, ~,~ project cause4i by any act Or omission of the : CITY; 'its agents or e~Pibyees by t~e act or: ;o~[ssiOn of any Other party other :~ than, the coNTRA~ CTDP~ his iag~nts,-emP!o3~e~s.or ~ul~,cgntrgCtors, or delay ~aus~d~ ~y Weather: c~9n~tionS ;~ uqav~ilabilit~ :Of,mi~t¢~al~,i ~ie. sole remedy available tO CONTRACTOR shall be by extension of the time allocated to [ ON CONTRACTOR hereby acknowledges'that he has read and understands the above provision. TNT[ALS 15.3. Failure on the part of CONTRACTOR to timely process a reques[ 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 thls contract. 15.4. All requests for extension of time to complete the work shall be made in accordance with the General Conditions for'Constructi0n (GC 24) 15.5. For the purpose of this section, the phrase "the CITY, its agents and employees" shall include'but shall not be limitedto the Projem Engineer and Project Manager. 16. DISPUTES 16.1. Disputes shall be resolved as set forth in the General Conditions for Construction (GC-19). 16.2 Upon resolution of a dispute by the Owner, either party may request the appointment of a mediator. IN WITNESS ~VHEREOF, the CITY has caused these presents to be signed by its Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. Signed, sealed and wimessed CITY OF BOYNTON BEACH, FLORIDA in the presence off Mayor Attest: Approved as to Form: City Clerk City Attomey -~ Signed. sealed and wimessed CONTRACTOR in the presence off 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-9 VII.-CONSENT AGENDA ITEM B.9 RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING BID#028-2821-02/KR FOR THE PRODUCTION WELL REHABILITATION, PART I AND PART II, TO DIVERSIFIED DRILLING CORPORATION AND MARINE ENGINEERING CONTRACTORS, INC.: AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID CONTRACT DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, ttpon recommendation of staff, the City Commission of the City of Boymon Beach does hereby approve the bid for the Production Well Part I to Diversified Drilling Corporation, of Tampa, Florida, in the (~- of $107,804.00 and Part II to Marine Engineering Contractors, Inc. of Lake Florida. with an annual estimated expenditure of $100,000.00; and V~IEREAS, This bid allows for Part I and Part 1I to be awarded separately, as II is on an as needed basis, and is in the best interest oftbe City. NOW, TI-IEREFORE, BE IT RESOLVED BY TIlE CITY CITY OF BOYNTON BEACII, FLORIDA, TIlAT: Section 1. The City Commission of the City of Boynton Beach, Florida the bid for the Production Well Rehabilitation, Part I, to Diversified ~ Corporation, a copy of said Agreement is attached hereto as Exhibit "A?. and I to Marine Engineering Contractors, Inc. Section 2. That this Resolution shall become effective mediately. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor ViceMayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seat) VIT.-CONSENT AGENDA ITEM B. 10 CITY OF BOYNTON BEAC[ AGENDA ITEM REQUEST FOl vl Requested C~ty Con:~m~ssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November 20. 2001 November 7.2001 (5:00 p.m3 [] January. 15. 2002 January 3, 2002 ($:00 p.ra.) [m December 4. 2001 November 21, 2001 (5:00 p.m.) [] February 5. 2002 January 16, 2002 (5;00 p.m.) [] DecemberS8.2001 DecemberS, 2001 5:00p.m.~ [] Februarylg, 2002 Febmaty6,2092(5:00p.m') [] January2.2002 Decemberlg, 2001 (5:00p,m3 [] MarchS, 2002 February20,2002(5:00p.m.I [] Administrative [] Development Plans NATURE OF [] Coment Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] UnfmishedBusmess [] Announcem*nt [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve the purchase from Charles River Technologies customaZation s~rvices for updating Crime Mapping Software, EXPLANATION: Charles River Teclmollogies will update the CAD/KMS comput~ system with the latest GIS layering and to realign the mumcipal boundaries, patrol sectors, reporting areas and comnussioner boundaries. The system bas net been update since the initial installation in June 2000. The normal three (31 bid process can not be completed because Charles River Technologies is the designer of the original sofavar¢ and the only vendor allowed to make changes to the system PROGRAM IMPACT: Continue with current setup for recording purposes. FISCAL IMPACT: FederalFoffeitureFunds 691-0000-247-04-23 $7,500,00 Balance $89.487.00 Deparunent Head's Signature - ' - - ' Police /f City A~or~ey Finance Human iqesources Departraent Name S :~BULLET1N~ORMS'~AGENDA ITEM REQUEST FORM.DOC Charles River Technologies (~1 120 School Street, Ste. 1 Lexington, MA 02421-7499 Ph 781.862:8833 Fx: 781.861.6633 Boynton Bea~fi"~,blifie Department . . . } 100 E..l~g~nt~on Beach B vd ~repareo ~y: ~evin Hanron P.O. Box3~O , Questio~? Please ~11 ; B~B~ch,.FL 33425-0310 Phod~ ~1L~4~56 ~ 7~ ' ' QU°te'Expir~s on 2/372002 ~ Fax: 561-742-6185 - 0-1008 CR Tech Cdmelnfo Customization Sem~ces (~p.j0~ude ~e 10~gkation of ~he biys GIS laye~ $7,500.00 1 $7,5~.00 indudfng: ' (1) w~ec~tur~, "' (2) street edge 0~ pavements, (3) fire ~rants,~ . " - ', . (4) ~uild~g;fo0tp~nts, tO realign: (1) municipal boundaries, (2) patrol sectom, (3) reposing areas, (4) ~mm ssioner boundaries. and t6 }reprove an~ corre~ (as best as poss b e dependent on the actual address data ava able in the c ~ parce data) (1) ,addr~s ranges in the addressab e street aye, (2) ,to'add addresses to building f~tpr nts, TERMS: Payment upon delive~ & ntegrat~on of the described ne~ ~nd improved GIS [ayers in Boynton Beach PD s Crimelnfo product. (superc~es terms below), TERMS: VISA, MC, AMEX, or NET-30 with prior credit approval. Payment for training classes due before training date(s). All payments mu~ be in U8 Funds. on a US Sank, 1.5% Per Month Finance Charge on Past Due Invoices. I accept the te~s and conditions of this quotation. ~' Date: Name: Title: your mapping solution n~dsl ITax $0.00 VII,-CONSENT AGENDA ITEM B.10 RESOLUTION NO. R02* A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH. FLORIDA. APPROVING THE PURCHASE OF UPDATED CRIME MAPPING SOFTWARE FROM CHARLES RIVER TECHNOLOGIES AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTiVE DATE. WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve the purchase from charles River Technologies for the services and updating of the Crime Mapping Software, and WHEREAS, Charles River Technologies will update the CAD/RMS computer with the latest GIS layering to realign the municipal boundaries, patrol sectors, areas and commissioner boundaries, and WHEREAS, Charles River Technologies is the designer of the original software and the only vendor allowed to make changes to the system. NOW, THEREFORE, BE IT RESOLVED BY TIlE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACIt, FLORIDA, TItAT: Section 1. The City Commission of the City of Boynton Beach, Florida does authorize and direct the Mayor and City Clerk to execute an Agreement between ~ of Boymon Beach and Charles River technologies. Section 2. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this day of February, 2002. ~-~ CITY OF BORON BEACH, FLORIDA MaTor x~ce:Mayo~ commissioner Commmsioner Commissioner [TTEST: City Clerk ~,Corporate Seal) VTI',-CONSENT AGENDA I*TEM B.11 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Comrmsmon Daze Final Form Must be Turned Requested City Comrmssion Date Final Form Must be Turned Meeting Date,s. in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November20,2001 November7,2001 (5:00p.m.) [] JanuarylS. 2002 January 3, 2002 (5:00 p-m.) [] December 4, 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 lanuaw 16, 2002 (5:00 p.m.7 [] DecemberlS, 2001 December5,2001 '5:00p.m.} [] Febmarylg. 2002 February6,2002(5:00p.m.) [] January2.2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 Febmar,d 20, 2002 (5:00 p.rml [] ~dmimsrtative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Pubhc Hearing [] Legal [] Bids [] UnfmishedBnsiness ~ [] Announcement [] Presenmtiun C City Manager's Report RECOMMENDATION: Motion to approve the purchase from Lawmen's & Shooters mink lockers for SWAT rifles and from S.K.T. Supplies, night vision goggles. EXPLANATION: ' ' This purchase will be from the Federal Treasury Forfeiture Fund and meets all Federal reqmrements for this type of equipment purchase. The equipment will be used for SWAT trained officers. The bid process for the mink locker consists of three (3) quotations from Lawmen's & Shooters, Lou's Gun. shop and Police Supply and SRT Supply Inc.. Lawmen's & Shooters were the lowest bid. The bid process for the night vision goggles consists of three (3) quotations from SKT SupplJ_es Inc., Southern Precision Artnory and £1'! Industries. SRT was the lowest bid. PROGRAM 12VIPACT: This will allow the SWAT officers to carry their equipment with them at all times. Currently they must remm to the station before arriving au the scene. The night vision goggles will allow thc SWAT officers,the capability of uight vtsion when the need arises. FISCAL EVIPACT: FederalFoffeiture 691-5000-590-04-23 $18,810.50 Balance in account $89,487.00 ALTERNATIVES t ~Z&~. ' ~/~~ ' City M~.nager' s Si~narare ~//~ ISepartment Head s Sxgnature s :~BULLETIN~ORM SXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ~-- D6parm~ent Name City Attorney / Finance / Human Resources S:XBULLETINSFORMS~AGENDA ITEM REQUEST FORM.DOC VII.-CONSENT AGENDA ITEH C. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM? ,o . R~uested Ciw Commission Date Final Fo~ Must be Turned Requested CiW Comm~sion Date Final Fora Must be Turned Meeting Dates in to CiW Cl~k's Office Meet~n~ Dat~ in to CiW Clerk's Office November 20. 2001 November 7. 200t (5:00 p.m.) ~ Januaw [5. 2002 JanuaD 3. 2002 (5:00 p.m.) D~ember 4. 2001 November 2L 2001 5:00 p.m.) ~ Feb~ 5. 2002 Jan~w 16, 2002 (5:00 p.m.) December 18 2001 December 5. 2001 (5:00 p.m. ~ Feb~u 19. 2002 Febmaw 6, 2002 (5:00 p.m.) Januau 2. 2002 Decem~ I9. 2001 (5:00 p.m.1 ~ March 5 2002 Febma~ 20, 2002 (5:00 ~.m.~ [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] Ctty Maria=er s Report RECOMMENDATION: Motion to accept letter of credit no. SM418453C, including two amendments, from First Union National Bank in the amount of $279,734.77 as surety for the installation of the water and sanitary sewer systems serving the project known as Villas at Quantum Lakes. EXPLANATION: The developer of Villas at Quantum Lakes is constructing a facility in the City of Boynton Beach that will require the extension of water and sewer lines to serve the buildings. The subject letter of credit will serve as surety for the completion of these utilities, allowing water and sewer services to be provided once both systems are fully operational. PROGRAM IMPACT: None. FISCAL IMPACT: None ALTERNATIVES: Delay acceptance of the utility mains until both water and sewer systems have been fully completed and transferred to City ownership. S:\BULLETIN\FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM City Manager's S~gnamre Department Head's Signature -'/~ ?~/~ x_ ' ' - ' Deparanent Name ,/~7-' City A~-n~ry / Finance / Human Resources Xc: Peter Mazzella [w/copy of athachmentsl City Attorney Finance Dept. (w/original letter of credit & amendments~ File rW/copy 6t~ ti~taclmaents~ S:\BULLET[N~FORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND ACCEPTING A LETTER OF CREDIT DATED SEPTEMER 18, 2001 AND AMENDMENTS THERETO DATED OCTOBER 18, 2001 AND JANUARY 24, 2002, SUBMITTED FOR THE PROJECT KNOWN AS VILLAS AT QUANTUM LAKES, BY FIRST UNION NATIONAL BANK (LETTER OF CREDIT NO. SM418453C) IN THE AMOUNT OF $279,734.77; AND PROVIDING AN EFFECTWE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon ~ecommendation of staff, does hereby accept the above referenced Letter of Credit in the amount of $279,734.77 as surety for water and sewer systems to serve project known as Villas at Quantum Lakes. NOW, TItEREFORE, BE IT RESOLVED BY TItE CITY COMMISSION-OF ['life CITY OF BOYNTON BEACIt, FLORIDA, TItAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby approves and accepts a Letter of Credit for the project known as Villas at Quantum Lakes, and issued by, First Union Bank (Letter of Credit No. SM418453C) in the amount of $279,734.77 as surety for water and sewer systems to serve the above project. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Vic4Ma~r Commissione~ ~' Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) ~ x, IRREVOCABLE STANDBY LETT~-R OF CREDIT NUMBER SM4!8453C LETTER OF CREDIT AMOUNT ISSUE DATE EXPIRY DATE ~ USD~79, 734. 77 t 09/i8/01 09'! i 9/0~ B ENEFIC !ARYi APPLICANT~ CITY OF BOYNTON BEACH/UTILITIES VILLAS A'T GUANTUM L.A~ES~ INC. iO0 E. BOYNTON ~EACH BLVD 7 CORPORATE PLAZA BO~'NTON BEACH, FL 33437 NEWPORT BEACH~ CA 9~660 ~ENTLEMEN: ~E HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR '[HE ACCOUNT OF THE ABOVE REFERENCED APPLICANT IN THE A,~R=~A[- AMOUNT OF U~D~79~734 77 WHICH IS AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAWN ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWIN~ ~OCUMENTS~ A STATEMENT PURPORTEDLY-SIGNED BY AN AUTHORIZED REPRESENTAT'IVE OF CiTY OF BOYNTON BEACH/UTILITIES STATiN~ THAT: -' "AN AFFIDAVIT SIGNED BY AN AUTHORIZED AGENT OF THE CITY OF BOYNTON ~EA~H INDICATIN~ THAT THE AMOUNT DR~,WN R=PRESENT~ THE TOTAL COST TO ~OMPLE.= THE WATER AND SEWER IMPROVEMENTS FOR THE PROdECT ~NOWN AS THE VILLAS AT ~UANTU~ L~ES." ~,_,IS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF OUR ~NDERTA~IN~. THIS UNBERTAK!N~ SHALL NOT IN ANY WAY BE MODI'FIED~ AMENDED~ ~MPLIFIED OR INCORPORATED BY REFERENCE TO ANY DOCUMENT OR CONTRACT REFERRED ~0 HEREIN ~ HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE ~ERMS AND CONDITIONS OF THIS CR_D~T~ ~ SHALL BE DULY HONORED tF PRESENTED TO~ETH-R ~ITH DOCUMENT(S) AS SPECIP!ED ABOVE AND THE ORIGINAL 0~ THIS CREDIT, AT OUR ~FICE LOCATED AT 873~ RESEARCH DRIVE URP4~ CHARLOTTE~ NC 28~62~ ATTENTION: ,~TANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE THE ABOVE STATED EXPIRY DATE. NUMBER i~RAFT(S) DRAWN UNDER THIS CREDIT MUST SPECiFICALL. Y REFERENCE OUR ~M418453C. ~HtS CREDIT IS SUBJECT TO TSE INTERNATIONAL STANDBY PRACTICES. 1998~ ~N[ERNATIONAL CHAMBER OF ~OMMER~E P~BLI~A]ION ~0. 5.0 I~P 8 ~UTHOR t~ffD S f~NAT~ ~RST UNION NATIONAL BANK BOYNTON BEACH~UTILiTIES 100 E. ~YNTON BEACHBLVD. BOYNTON BEACH, FL,33497 LETTER OF CRED~ N6. ~ENTLEMEN: ~ WE AMEND OUR ABOVE RE~ERENCED LETTER OF CREDIT !SSUEb IN YOUR FAVOR FOR THE ACCOUNT OF VIELAS 'AT~gUA~TOM LAAES, INC AS FOLLOW~ --SECOND PARA~R~PH: "A,STATEMENT ..... ~UANTUM LAAES" IS HEREBY DELETED FROM THE LETTER OF CREDIT. -ONLY A SIGHT DRAFT AND THE OA~tOINAL LETTER OF CREB~T;. AN~ AMENDMENTfS>, ARE RE~UtRED ~R~:DRAW~N~S. ~ ,-IT IS A 3F CRED AUTOMATICALLY ~) OR EXPIRATI~ NOT TO RENEW:THIS LE~T~ 8~3~ RESEA~H~I-ME~.~-~ CHARLOTTE, ~ 2~ - PReVaIL IN TRE EVENTO~ ~NY 'C~FLtCT. ALL OTHER TEEMS AND C~NDITIONS/REMAIN ~C~ED, ' ,INSTRUMENT. -~, ~UTHORIZE~ FIRST UNt~N_~T: . ALC AMENDMENT TO IRREVOCABLE STANDBY LETTER OF CREDIT =,~EFICtARY~ :IT¥ OF BOYNTON BEACH/UTILITIES O0 E. BOYNTON BEACH BLVD. OYNTON BEACH, FL 33437 LETTER OF CREDIT :Er~TLEMEN: AMEND OUR ABOVE REFERENCED LETTER O~ CREDIT ISSUED .IN .~IS LETTER 0F CR~[T SHALL BE }~!SDICTtON IN PALM BEACH COUNt. ~ DTHER TERM8 AND CONDITIONS REMAIN, ~NC~N~ED. ~I , IgSTRUMENt. ST UNION NATIONAL VZ'[.-CONSENT AGENDA I'TEM C.2. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FOR~w Requested City Commission Date Finat Form Must be Turned Requested City Comm/ssion Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetina Dates in to City Clerk's Office ~ November20,2001 N6vember 7, 2001 (5:00p.m.) [] Janua~15, 2002 January3,2002(5:00p.m.) [] December4.2001 November 21. 2001 (5:00p.m.) [] February5.2002 Janum'yl6,2002(5:00p.m. [] DecemberlS. 200I December 5. 2001 (5:00p.m.) [] Febmarylg, 2002 Febmary 6, 2002 (5:00 p.m.) [] January2.2002 December l9/ 2001 /5:00p.rn3 [] March5,2002 February20,2002 5:00p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business c_.. AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] A~mouncemenr [] Presenta~on [] City Manager's Report _.- RECOMMENDATION: To release cash bond of $880.00 to Melxo Design Group. EXPLANATION: On July 5 2001, ~he Bulkting D~vision sent to thc FL~ance Deparav. ent a cash bond of $880.00 for the completion o£ the permitted work at Pepperom's ( t660 S. Congress Avenue)· The work has been completed and the Ce~tfficate of Occupancy has been tssued. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES:~ ~7~ .~7~ None D~alimeq4~-Head's Signature City Manager's Signature Deparlrnem Name ~] City Attome~'Fi~ance / Human Resources S:XBULLETIN~ORMS'~GENDA ITEM REQUEST FORM.DOC · ' RESOLUTION NO. R02- :~-'--' 'iA' RSESOLUTION OF THE CITY COMMISSION OF THE CITY OF I~OYNT01x-BEXcH, FLORA; AUTHORIZING A FULL RELEASE OF CASH BOND. IN THE AMOUNT OF $880.00 TO METRO DESIGN GROUP, AND PROVIDING FOR,AN,EFFECTIIZE DATE. - WHEREAS, the dcvel0pcr for the PrOject known as Pepperoni's, located at 1660 So. Congress Avenue, previously posted a cash bond 'in the amount of $880.00 for the :omplotion of permitted worlc and WHEREAS, the City-o£ Boynton Beach Development Department is ~atisfied with ~¢:¢~mE~ffon of the work,.~a. !Cea~a2ficat~ 0f 0¢¢Up~z~Y;h~ been issu~xL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OFBOYNTON BEACI{, FLORIDA, TItAT: Section 1. The City Commission ofthe ,City of Boynton Beach, Florida, upon the · recommendation .of staff, hereby approves tfi~ ~'ei~as¢ of.~th¢ cash bond in the amount of 11588o.0o Metr4 Group. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: ',ity Clerk DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 02-016 TO: Diane Reese, Finance Director FROM: Don Johnson, Building Official 0~ DATE: January 28, 2002 RE: RETURN OF CASH BOND - PEPPERONI'S - 1660 CONGRESS AVENUE On July 5. 200I, we sent you a memo (copy attached) regarding a cash bond of $880.00 for the completion of the permitted work at the above address. The work has been completed and the final Certificate of Occupancy has been issued. Therefore, please return the bond m Metro Design Group. Attached is a Direct Payment Requisition. ~ DJ:rs Arrachmems XC: Timothy K. Large, Building Code Administrator Thoma~ Twomey, P.E./Metro Design Group, 2831-A Exchange Ct.; West Palm Beach, FL 33409 Permit file # 01-1659 S:\Dev¢Iovment\Building DivLDocumenrskMemos ,n WordkCash Bonds - 2002 P. emm of Cash Bond-Pevveronis 0I-1659.doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO. 01-148 TO: Diane Reese, Finance Director ~___ .. ~., ~ ,' FROM: Timothy K. Large. Building Code Administrat~~ DATE: July 5, 2001 SUBJECT: METRO DESIGN GROUP EXCHANGE COURT; WEST PALM BEACH On July 5, 2001, we deposited with the Customer Service Cashier $880.00 in cash from Metro Design G ~"-' ........ ~- ....... for the Pe,,,,eroni's building and is to be held until all outstanding issues of their temporary Certificate o~ Occupancy are completed. Th~s should occur within 3'0 days. _ Upon completion of the de~ciencies of the permit and the issuance of the final Certificate of Occupancy, the surety will be returned. TKL:rs Attachrnents/letter from Metro Design Group & copies of receipts XC: Thomas Twomey, Metro Design Group 2831-A Exchange Court; West Palm Beach, FL 33409 Don Johnson, Building Official Permit File #01 - 1659 J:kSHRDATA\Development\Buildmg Dry\Documents Memos m Word\Cash Bond - Metro Desk.kin Grouts.doc J:\SHRDATA\DevetoDmenl\Buildmg DivkDocumentsLMemos in Word\Cash Bond - Metro Design Grou~.doc ": cr~Y OF BOYNTO" BEACH ~°/-/bS'~/ 25303 . _ . , Boynton Beach. I~orida' DEPARTMENT ~:>~;~ . DATE 7/.~ 2(~.0 / ~ , ~. ~ ,. : ' DOLLARS Miscellaneous Cash i~eceiPl . crry OV.O~N~O~ m~ACH ' [[~ P A~:~ A:~ou.~No. ~UL Address Dept -~ By Metro Design Group 2831-A Exchange Court West Palm Beach, Fl. 33409 (561)686-5853 fax 686-5862 Pete Russo Thomas Twomey, P.E. June 25, 2001 City of Boynton Beach 200 Banyan Blvd. West Palm Beach. Florida 33401 ATTN: Building Official RE: Pepperoni' s 1660 Congress Avenue Boynron Beach. Florida · -- To whom it may concern: Please be advised that the roof mounted equipment enclosure at the above reference project has been ordered by out client for installation within the next 30 days. The cost of this enclosure should be approximately $800.00. If you should any questions please to speak to myself or Pete Russo. Sincerd~y4'~ Tho/mas r'~, .E. _VI'I'.-CONSENT AGENDA ITEM C.3, CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM i2:07 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in toCitvCterk's Office Meerm~ Dates in to City Clerk's Office [] November20.2001 Novernber7,2001 5:00p.m.) [] JanuaD}5,2002 January 3, 2002 (5:00 p.m.) [] December4.2001 November21,2001 (5:00p.m. [] February5.2002 January 16,2002(5:00p.m.) [] DecemberlS. 2001 DecemberS, 2001 (5:00p.m.) [] February l9, 2002 February6,2002(5:00p.m. [] January2.2002 Decemberlg. 2001 (5:00p.m.) '~ MarchS, 2002 February20,2002(5:00p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heating [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Rapor; RECOMMENDATION: Approval of Resolution confirms terms and conditions set forth in our EMS grant award as approved by the Palm Beach County Division of Emergency Medical Services. EXPLANATION: comrmssion approval in the form of a resolution is necessary to obtain grant funds awarded to the Fke Rescue Dept. for the purchase of 20 VI-IF portable radios and the funding for our new Community Emergency Response Team (CERT) program, The radios will be utilized to provide emergency commtmicatiuns in the event of a major disaster as well as during training activities. Funding for om CERT program includes the purchase ofindivii:lual equipment packs and instructor fees for two CERT classes this year. PROGRAM IMPACT: The purchase of these radios will provide an essential redundant field communication system along with an increase in our communications capacity during a disaster such as a hurricane. The implementation of the CERT program will provide a txained group of motivated citizens who will assist public safety personnel during and after a citywide disaster. This program is a nationally reengnt~ed program developed by FEMA FISCAL IMPACT: Funding for these programs and eqmpment is 100%. Total grant amount is $21.480.00. Failure to approve the resolution will result in a loss of grant funding. ALTERNATIVES: Fund the~ purchases and CERT program with city fun~s ~ abandon the projects. ~'-%~- l~epartment Head's Signature CitsJk(danager's Signature Department Name J- City At~}q~y'~Finance / Human Resources Fire Rescue Department S:kBULLETINXFORMS AGENDA ITEM REQUEST FORM.DOC __~_._:. ~-. RESOLUTION NO. RO 02- A RESOLUTI'ON OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE F~ALI )UNTY E MEDICAL OF $21,480; VHF NEW { (CERT) CTING THE WHEREAS, the Legislature has provided for a program that makes funds Ivailable to local emergency medical servicesprograms; and WHEREAS, the Palm Beach County Emergency Medical Services Division was made these grant funds available for the improvement and/or expansion of --mergency Medical Services Systems; and WHEREAS, the City Commission upon recommendation of staff, recognizes :hat these funds can and will be used to purchase 2OVHF pot/able radios and for =unding of a new Community Emergency Response Team (CERT) program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF rilE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to accept and execute the Grant, [rom the Palm Beach County Emergency Medical Services in the amount of $21,480.00. A copy of the agreement is attached hereto and made a part hereof. Section 2. This Resolution shall become effective immediately upon )assage. PASSED AND ADOPTED this __ day of February, 2002. CITY OF BOYNTON BEACH. FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner ,,TTEST: City Clerk ~ Deputy Chief James Ness Boynton Beach Fire Rescue Department 100 East Boynt6n Beach Blvd. Boynton Beach, FL 33435 Depamnenc of t~bllc .safety Division of Emergealcy Managenle~t Ol~ceof~mel~lencyMedical,Services Dear Deputy Chief Ness: RE: GRANT C1050 The EMS Grant Review Committee has recommended your agency West palm Beach FL 35415 receive funds fi.om the EMS Grant Award Program for the following (56l) 712.6400 items: wwmpbcgov.com Twenty (20) 5 watt two channel VHF portable radios, includes batteries. chargers, cases ~ $724.00 each: Total $14,480.00 CERT training for forty (4) volunteers: includes personal safetyequipmem (goggles, flashlight, bakeries, helmet, gloves, vest, polo shirt, Wrencl~ v-,a,,~ s~,~ co~ty pliers, gear ba~ ID tags,!ID badge, medical supplies soa~a o~co~ ~, $i80.00 each: Total $ '7,200.00 Instructor expenses - based on $25 per hour contract rate. Two instructors warren H. Newell. Chairman at 3.5 hrs. each per class ~x 16 classes or 11.2 hrs Carol A. aobert~. Vice Chair ~ $ 25.00 hr.: Total $ 2,800_00 Fare, 12 l~arcus And, of course, the EMS Grant has carded over $2'i,000.00 for traffic pre- Mary McCarty emption devices which you were unable to purchase the last grant year. With regards to the 5 Watt two channel VHF portable radios, please be sure to have the State of Florida Division of Communications approval ^adie ~.. c~ee,e prior to any purchase of same. We request copy of this approval. The EMS Grant is on the agenda for the Board of County Commissioners November 6, 2001 meeting; once approved, it will be tbrwarded to the County Aflmhaisttator State Bureau of EMS for their approval. It will become retroactive to Robert Weisman October 1, 2001. We will notify you when we receive final approval. At that time, we will request a resolution and a letter of confirmation from your agency's administrator concurring with the amount of the award. activity and expenditure plans, and assurance that your agency will comply with state and county grant requirements, including reporting You may want to set these actions in motion to help save time -An s~at qo~or~,,~ Robert A. B'dtteI-fi~r ~.~ A~ao, ~ptoy~' ] Div. ~f Emergency i~/anagement VII.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM C.4, AGENDA ITEM REQUEST FOR~vt ~2 J:,~ 3 / "' '~ ~ Requested City Comssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meefin~ Dates in to C~W Clerk's Office Meetin~ Dates in to City. Clerk's Office [] November20,2001 NovemberT. 200l (5:00p.m.) [] Januau15. 2002 January 3, 2002 (5:00 p.ra.) [] December4.2001 November21.2001 (5:00p.m0 [] FebruaryS. 2002 Januarylt, 2002(5:00p.m.) [] DecemberlS, 2001 December 5. 200l (5:00p.ra.i [] Febrnaryt9.2002 February 6, 2002 (5:00 p.m.) [] January2.2002 December l9. 2001 ~5:00p.m.) [] March5.2002 Febraary20,2002(5:00p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Armouncemem --I Presentation [] City Manager's Report RECOMMENDATION: Approve staff application for Temporary Fencing, Landscaping and Maintenance Permit from the Lake Worth Drainage District. The City of Boynton Beach is requesting to install fences, gates and landscaping on the East and West sides of Lawrence Road across the LWDD Lateral Canal No. 21. The City Commission must approve this permit prior to staff stibmittai to the Lake Work Drainage District. EXPLANATION: The City of Boynton:Beach, in partnership with Nautica and Sausalito Place Homeowners Associations, will be installing a fence, gates and landscaping on the East and West sides of Lawrence Road across the LakeWorth Drainage District Canal No. 21. The City will install the fence and gates and add landscaping as a safety precaution to protect children in the area from possibly falling into the canal. Once the fence, gates and landscaping are installed the Nautica and Sausaiito Place Homeowners Associations will be responsible for the maintenance of the fence and gates and for the trimming of the landscaping. PROGRAM IMPACT: N/A FISCAL IMPACT: $3,000.00 S:~BULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC RETORN TO': ~ ' Lake Worth Dr~iffa~ Dis~trict 13081 Military Trail Delray Beach, FL 33484 PR[PARED BY: Mark A. Perry Perry an:d' Schbne, P.A; 50 SE Fourth A~enue Delray Be~(~h, F~L~313483 FP No. 01-6174F.01 October 24, 2001 TEMPORARY FENCING, LANDSCAPING ANDMAIN~E~ANCE PERMIT Whereas, The City of Boynton Beach, Nautica Homeowners Association and Sausalito Place Homeowners Association are reciuesting a permit for permission to install fences and landscaping to be located at the properties described in Exhibit "A" attached;, and :(urther, 'for permissio~ to install fence(s) n accordance with the location and requirements of the ~LAKE WORTH DRAINAGE DISTRICT perpendicular to and within the District's right-of-way for Canal No. L-21, and to thereafter have aecess to maintain the landscaping; and Whereas, the LAKE WORTH DRAINAGE DISTRICT has considered the said application and does grant a Temporary Permit for the installation; erection, and 'm,aintenance of the fence(s) to be erected a r ' ' , · ' coss that portion of the dry land Or berm of .LAI(E WO?TH DRAINAGE DISTRICT Canal No. L-21 nght of-way contiguous tO the,,iproperty described in ~EXhilbit ~'?'", rBngjt~g'clown tO the water's edge. Wit~'~--' respect to the landscape maintenance obi igation,.that obligation shall be the responsibility of the Nautica Homeowners Association and the Sausalito Place ' Homeowners Association, and the Lake Worth Drainage Distr!ct consents itO limited access to the property for ma i~tenance of the landscaping. The foregoing obligation tobe gtccompli'shed in ac~0~da~c~ ~ th tl~ ~-eq[Jiremems and ,aPproved oc~t on of said District under ~the ~xpress~ condition tl~at {~e ~itt~e (Jr thi~ ~Ucc~ss0[ in title does agree to indemnify and hold harmless the said District of ~d.',fr°mlJ,all i~ss 0r liabil'itY incident thereto or emanating therefrom, t be ng the expressed ntention, of the parties, that the perm tree or the perm ttee's successor in title shall completely protect the sa cl D str ct from any and a ab [ ty t may or.might incur by having granted this special permit; and Under the further condition that said permittee shall cause two 12 t:oot gates to be installed in the said fence(s) so as to permit the LAKE WORTH DRAINAGE DISTRICT ready access and use to its right-of- way and further said District.shall, provide two (2) locks and four (4) keys to said, lock(s) to the permittee for access as and when neces~ary~ Al of same to be accomplished at no liability, no expense and no further costs to the LAKE WORTH DRAINAGE DISTRI,CT. f the proposed location of the fence/gate is adjacent to or in the Boca Del Mar Master Association's limits, approval shall be secured from Boca Del Mar Master Association prior to th~---. commencement of construction. FP No. 01-6174F.01 October 24, 2001 The said permlttee or the successor in title to the lands described in Exhibit "A" by the recordation of this permit agrees to remove at said permittee's sole expense, the said fence(s) and restore the right-of- way to its former condition upon receivingsixty (60) days notice to do so and in the event of the failure to meet this commitment, it is mutually agreea that the LAKE WORTH DRAINAGE DISTRICT may thereafter remove the same at its expense and recover all related expe,nses including a reasonable attorney's fee from ithe owner of the upland property described in Exhibit "A . This permit including:the rights and obligations thereunto app. ertaining shall insure to the benefit of and shall run with the ownership of the lands described in Exhibit 'A". Where the context of ~t~js permit ~greement allows or permits, the same shall include the Heirs. personal representative, suCcesSors or agsigns of the parties. This permit dPes not relieve the permittee of the responsibili~ of securing any additional permits, which may be needed. This permit issued this day of ,2001 . LAKE WORTH DRAINAGE DISTRICT BY: ATTEST: PresidenT, Its Board of Supervisors Secretary C. Stanley Weaver William G. Winters 13081 Military Trail 13081 Military Trail Delray Beach, FL 33484 Delray Beach, FL 33484 (CORPORATE SEAL) STATE OF FLORIDA} COU qTY OF PALM BEACH ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments personally appeared C. Stanley Weaver and William G. Winters. welt known to me to be the President and Secretary respectively of the Lake Worth Drainage District qamed in the foregoing instrument, and that they severally acknowledged executing the same under authority vested in them by said District and that the seal affixed thereto is the true corporate seal of said District. Witness my hand and official seal in the County and State last aforesaid this day of ,2001. Notary Public, State of Florida at Large Joann M. Aylor My Commission Expires: 2 FP No. 01-6174F.01 October 24, 2001 ACCEPTANCE WITNESSES/2) SAUSALITO PLACE HOMEOWN ERS [~) ASSOCIAT ON , . . .Pt?nt~d~N~me S [ taW Printed Name -- ,:b~ Secr~=~,/ Pdnted'~e STATE OF ) COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County/.~% aforesaid to take acknowledgments, personally appeared ~'~or~;~\~_~ [-~%1~3¢¢_.~( OP~ and ~.,."! ~ ~-~ c-L~,,--z~.2 ~, the President and Secretaw, respect ve y, of SAUSALITO PLACE HOMEOWN ERS ASSOCIATION; both of' whom acknowledged executing the foregoing instrument, are known to me or produced as identification, and did / did not take an oath. W~SS my hand and official seal in the Coun~ and State last aforesaid this /~ day of Notaw PubliC, State of: ~/~fl Printed Name My Commission Expires: EP No. 01-6174F.01 October 24, 2001 ACCEPTANCE · WITNESSES (2) ~ NAUTICA HOMEOWNERS ASSOCIATION Si~"rf~g~,/'?' 0~'~' ~ ~ resident ~ted ~Q ~/ ~ Printed Name Add~ess S~eta~ ~ ~ ~ ~ ~rinted Name ATTEST:x~~~ ~ Printed Name STATE OF ) CO U NTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized, in the State and County a~_foresaid to take acknowledgments, personally appeared ~-' r~ ~- )..~J,~ and '~Z~_If'v3~ , the President and Secretary, respectively, of NAUTICA HOMEOWNERS ASSOCIATION, both of whom acknowledged executing the foregoing instrument, are known to me or produced as identification, and did / did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this ]~Xday of [ Notary Public, State of: Printed Name My Commission Expires: FP No. 01-6174F.01 October 24, 2001 EXHIBIT Whereas, th'e City of Boynton Beach ~s request nga permit to install fences on the East and West sides of Lawrence Ro~d across e LWDD~Late'ra~(}ana No~ 21 ...... 6 FP No. 01-6174F.01 October 24, 2001 ACCEPTANCE This permit agreement, along with the terms thereof, are this day agreed to and accepted by ~ne undersigned owner this day of .2001 . WITNESSES (2) THE CIT~. OF BOYNTON BEACH BY: Signature Mayor Printed Name Printed Name Secretary Address Printed Name ,ATTEST: City Clerk Printed Name STATE OF ) COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared and. , the Mayor and City Clerk, respectively, of THE CITY OF BOYNTON BEACH, both of whom acknowledgea executing the foregoing instrument, are known to me and did not take an oath. WITNESS my hand and official seal in the County and State last aforesaid this day of 2001. Notary Public, State of: Printed Name My Commission Expires: 3 VII.-CONSENT AGENDA R~SOLUTION NO. R 0g- ITEM C,4 A RESOLUTION OF THE CITY COMMISSIU~ -- CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A TEMPORARY FENCING, LANDSCAPING AND MAINTENANCE PERMIT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH. NAUTICA HOMEOWNERS ASSOCIATION AND SAUSALITO PLACE WITH LAKE WORTH DRAINAGE DISTRICT; AND PROVIDING AN EFFECTiVE DATE. WHEREAS, the City Commission, upon recommendation of staff, deems it to be in :he best interests of the citizens and residents of the City To apply for a temporary fencing, landscaping and maintenance permit in parmership with Nautica Homeowners Association and Sausalito Place Homeowners Association and LWDD to install fences and landscaping on the for the East and West sides of Lawrence Road, across the Lake Worth Drai~ge District (LWDD) Lateral Canal No. 1; and . WHEREAS, once installed, Nautica and Sausalito Place Homeowners Associations will be responsible for the maintenance of the fence and gates and for the trimming of the landscape at their respective properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF ['HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor to execute a Temporary. Fencing, Landscaping and Maintenance Permit Agreement between the City of Boymon Beach, Nautica and Sausalito Place Homeowners Associations and Lake Worth Drainage District, a copy of said agreement is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon passage. S:\CA\RESOLe, greements\LWDO - COBB Nautica Sausalito Agr.c~oc PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner kTTEST: Commissioner City Clerk _ ~:\CA\RESO~Agreements\LWDD - COBB Nautica Sausalito Agr. dOC VII,-CONSENT AGENDA ITEM C.5. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM ..~ --~.. .. ' ~.~, Requested City Commission Date Final Form Must be Turned Reauested Ci~ Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeung Dates in to Otw Clerk's Office [] November 20, 2001 November 7. 2001 '5:0£ p.m. [] January I5, 2002 January 3, 2002 (5:00 p.m.) '~1 December42001 November21,2001 5:00a.m. [] FebruaryS, 2002 JanuaryI6.2002(5:0On.rc [] December 18. 2001 December 5. 2001 (5:00 p.m.) [] February 19. 2002 February 6, 2002/5:00 p.m. [] January 2. 2002 December I9. 2001 5:00 p.m.) [] March 5. 2002 February 20. 2002 (5:00 p.ra [] Admimstrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Heanng [] Legal [] Bids Unf'mished Business [] Announcement --I Presentation [] City Manager's Report RECOMMENDATION: Approve three sets of two agreements from Florida Department of Transportation for the maintenance of traffic control devices on the at-grade railroad crossings for NE 22~d and 15th Avenues. Crossing Nos. 272484-R(15m Ave.) and 272476-Y(22~a Ave.). EXPLANATION: The attached agreements were already approved by City Resolution R01-242 at the August 21, 2001 Commission Meeting. The agreements previously executed were erroneously sent from the Florida Department of Transportation on outdated forms from 1993. The comptrollers Office in T~llahassee requires that new agreements with revised language be executed. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/~/~A ~-, Citv'~vl~nager s Signature Department Name ~/ City Att~/Finance / Human Resources S:\BULLETIN~FORMS~AGENDA ITEM REQUEST FORM.DOC FlJ ida Del ortation JEB BUSH OFFICE OF MODAL DEVELOPMENT THOMAS F. BARRY, JR. GOYERNOR 3400 WEST COMMERCIAL BOULEVARD SECRETARY FORT LAUDERD~LE;IVLORI~A 333i19:~3421 , ' TELEpHO~E:~g$4¥777-4490i FAX: (954)67%7892:-Toll~F~ee~ (866) 336-8435 December 28, 2001 Mr. Jeffrey Liver[good. P.E. Public Works Director Ci~ ~of Bo3mt~m.~Beach Boynton Beach, Florida 33425-0310 Dear Mr. LiV 'ergood: RE: Railroad Reimbursement Agreements Grade Cr0ssing Traffic Cxmtrol Devices for NE 22na and 15t~ Avenues Crossing Nos. 272484-R and 272476-Y As discussed with you over the telephone I am sending 2 (Two) sets of 3 (Three) agreements to be executed by the City for the maintenance of traffic control devices on the at-grad~ railroad crossings listed above. The City according to your City Resolution R0 ! -243 ~om August 21. 2001 already excemed those agreements. The agreements previously executed were erroneously sent on outdated'forms from 1993. The Comptrollers Office in Tallahassce requires that new agreements ,with revised language be executed. Please have them executed and send back tbe complete 2 sets andafter all have been execut~ one copy of each will be sent to the City for the records, I am also sehding the dxecuted copies to be disregarded and destro3qa:k Should you need additional information, please call me at (954) 7774401 or e-mail me m nadir, rodfigues(~dot.state, fl.us Sincerely, Nadir Rodrigues D4 Railroad Coordinator cc: Nancy A. Bongo, Administrator, Office of Modal Development FDOT Larry Merdtt, Manager, Intermodal Transportation, FDOT RAILROAD REIMBURSEMENT AGREEMENT GRADE CROSSING TRAFFIC CONTROL DEVICES - MUNICIPAL F FiNANCIAl; PRO~IECT ]D ROAD NAME OR NUMBER COUNTY NAME PARCEL & ~ NUMBER FAP NUMBER 41018215701 N.E. 22nd Ave PALM BEACH i ~ (SIGR) 00S~-001 . THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter celled the DEPARTMENT, and Florida East Coast Railway L.L.C. a corporation organized and e:~sfing under the laws of Florida with its principal place of business in b'3e City of St. Augustine . County of SL Johns State of FLORIDA , hereinafter called the COMPANY: and ~he City of Boynton Beach a municipal corporation, hereinafter called the CITY. WFrNESSETH: ' ' WHEREAS, the DEPARTMENT is constructing, reconstructing or otherwise changing a portion of the Public Road System, designated by the Financial Project ID 41018215701 on N.E. 22nd Ave , which crosses at grade the right of way and tracks of the COMPANY'S Milepost 310 + 4102' ~,~ FDOT/AAR Crossing Number 272476Y . ator near Beynton Beach as shown on DEPARTMENT'S Plan Sheet No. Map , attached hereto as a part hereof;, and NOW, THEREFORE. in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install Automatic Grade Crossing Signals Type IV Class IV and/or other traffic control devices at said Iocetion on an actual cost basis and in accordance with (1) the attached detailed statement of the work, plans, and specifications; and (2) the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and made a part hereof. 2. After installation of said signals is completed, fifty (50) percent of the e~pense thereof in maintaining the same shall be borne by the CITY and fifty (50) percent shall be borne by the COMPANY. as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Cro,,esing Devices attached hereto and by this reference made a part hereof and subject to future revision. 3. After said signals have been installed and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or .... its successors or assigns shall operate the said signals at said grade crossing; or until it is agreed between the parties hereto that the sionals are no Ionoer necesaarv or until the said crossina is abandoned: or leoal reouirements occur which The COMPANY agrees that'any futura ralocation or adju~.ent of said signals shall be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon ralocation the maintenance rasponsibilities shall be in accordance with the provisions of this agreement. It is further agreed that the cost of maintaining any ~.~.~ additional or raplacement signal equipment at theSame location will be shared as pYovid~:l under Paragraph 2. above. 4. Unless otherwise agreed upon herein, the CITY agrees to insure that at the, c~'ossing the advance warning signs and railroad crossing pavement markings will conform to the U.S. 'Depar~e~t*~of~anSPortatiorYManual on Uniform Traffic Corm'ol De. aces within 30 days of notification that the railroad agnal, rnprov~ments have: been completed and-that such sigf~S a~d pave:me.{}~narkings~will be continually ~ 5. ~h~:COMPANY her~Y agrees to install and/or adjust the necesserY Parts of its facjlities'a!0ng said road in accordance with the provisions set forth in the: (a) DEPARTMENT Prooadura No. 725-080-002 Appendix D.4, and Rule 014.46.002 "Rasponsibil~ for the Cost of Railroad/Highway Crossings", Florida Administrative Code, dated July 22, 1982, XX (b) Federal Highway Administration Federal-Aid Policy Guide, 23 C:F.R.~ Subchapter G Part 6~6, Subpart B, and 23 C F R, Subchapter B, Part 140, Subpart I, and any supplements thereto or rewsions thereof, which, by reference herato~ are medea part hereof. The COMPANY further agrees to do ail of such work, with its own forces or by a contractor paid under a confl*act let by the COMPANY, all ~ under the supenAsion and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. ~ 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance witl'; the provisions of Procedure No. 725-080-002 Appendix D-4 "Billing Requirements," and any supplements thereto or ravisions thereof. It is understood and agreed by and between the parties herato that preliminary engineering costs not incorporated w~in this agreement shall not be subject to oavment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 200,210.00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT and the Federal Highway Administration if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Administration, when applicable. 8. All labor, services, materials, and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of ~ contract bid items and force account items performed for the COMPANY shall also be furnished by the COMPANY to the~. 9. The COMPANY has determined that the method to be used in developing the relocation or installation cost shall be as specit-~:l for the method checked and described hereafter. XX (a) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescn~bed by the applicable Federal or State regulatory body. __ (b) Actual and related indirect costs accumulated in accordance with an established accouating procedure developed by the COMPANY and approved by t~0e DEPARTMENT. ~ (c) An agreed lumP sums , as ~upported by a detail analysis of estimated proposed adjustment exceeds $100.000.) 10. The installation and/or adjustment of the COMPANY'S facility as planned will not involve addilJonal wo~ over and above the minimum reimbursable requirements of the DEPARTMENT. (ff upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): NA (a) % will be applied to the final billing of work actually accomp!ished to determine required credit for (betterment) and/or (expired service life) and/or (nonreimbursable segments). NA (b) All work involving nonreimbursable segments w~ll be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in rite COMPANY'S plans and e~[~.ates for the total work covered by this Agreement. NA (c) $ credited for (~ betterment O expired service life ~ nonreimbursable segments in accord with Article 9.(c) hereinabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credIt for any salvage which shall accrue to the COMPANY as a result of the above installation and/or adjustment work~ 12. It is further agreed that the cost of all improvements made dudng this adjustment work shall be borne by the COMPANY. subject only to the DEPARTMENT beadng such portion of this cost as represents the cost of adjustment of previously ex,fling facility, less salvage credit as set forth in the immediately preceding paragraph. 13. Upon completion of the work the COMPANY shalt; within one hundred eighty (180) days, furnish the DEPARTMENT with two [2) copies of its final and complete billing of all costs incurred in connection with the work attached hereto. The-totals for labor, overhead, travel expense, tmnsportation~ equipment~'matehal and supplies, handling costsand other services shell~be shown in such a manner as will permit ready comparison with t~he approved plans and estimates. Matei'ials shall be itemized where they represent major compbnents of cost in the relocation following~thepattern~set ~ut~in.the~appm~esfimateas clesely as is poss~e: Salvage credits from mcover~ and for the replacement or the eriginal charge for temporary use. Thef'inel billing'shall'sd thedescnption end, site cf the Project, the date on which the first work was perform or. th~'dele on which the eadiest item of billed e~pense was recurred; 1lle aate on Which the last work was performed or the last item of billed e:q3ense was incurred, arid the Io~tion where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor= 14. payment shall be made only after receipt and approval of goods and services unless advance payrnents are authorized by the S'~e Comptroller under Section 215.422(14), Florida Statutes. 15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables. 'then such units must be received and accepted in writing by the Contract Manager prior to payments. Bills for fees or other compensation for services or eR3enses shall.be submitted in detail sufficient for a proper preaudit and postaudit thereof. 16. Bills for travel expenses specifically authorized in this agreement shall be submitted and paid in accordance with DEPARTMENT Rule 014-46.002 "Responsibility for the cost of Railroad/Highway Crossings" and the Federal Highway Administration Federal-Aid Policy Guide, Subchapter B, Part 140, Subpart I "Reimbursement for Railroad Work." 17. In accordance with Section 215.422, Florida Statutes, the following prowsions are in this Agreement:. Contractors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and ser~.es, unless the Agreement specfr~es otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goo(ts or services are received, inspected and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, Will be due and payable, in addition to the inVOice amount, to the Contractor. Interest penalties of less~han one~(.1} doitarwill rmt beeoforced unless the Contractor request payment, lnveiceswhich have ~o be retumad to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a property co~npteted invoice is provided to the Deparlment. --~. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting asan advocate for contractorsNendorswho may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hofline, 1-800-848-3792. 18. Records of costs incun'ed under terms of this Agreement shall be maintained and made available up°n request to the Deparbment at alt' times dudng the period of this Agreement and for three years after rmal payment is made. Copies of~these documents and records shall be ~mish .ed to the Department upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 19. in the event this contract is for services in e~cess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00} and a term for a period of more than one year, ,the provisions of Section~339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year. shall not expend money, incur any liability, or enter into any contract which, by its terms, ~velves the expandfture of money in e~cess of the amounts budgeted as available for e~penditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods e)ceeding one year, but anv contract so made shall be e)~cutorv onlv for the value of the ser~ces to be rendered or agreed to be paid for in succeding fiscat years; and this paragraph shall be incorporate~ verbatim in all con,'acts of the Department which am for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.001 and which have a term for a period of more than one year, 20. In accordance with Section 287.133 (2)(a), Florida Statutes, the following provisions are included in this Agreement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a ~ublic entity crime may not submit a bid on a contract to provide any goods or services to a public .'ubmit a for the consa'uction or repair of a 21. Agreement: Legislature. 22. T;,~ CC,;,;TA~;',',.,,,~,,o,,b ,=,,J ,=~, ~..= ~;,-;t ;; ,,;',: ;,,d ........ ~ ~,-,~ ,'-,o:J, ,h.~,,,;;~ ~,h~ D."PA~TME~4T ~,,J Special Provisions: 1. Paragraph 22 deleted by all par'des prior to execution. IN WITNESS WHEREOF, the parties hereto have cause~l these presents to be e~cuted by their duty authorized officers. the d~y and year fir~ abo~ wilton. STATE OF FLORIDA DEP.~:tTMENT OF TR.t~SI~RTATION BY: ATTEST: Secretary COMPANY: Florida East Coast Railway LLC. BY: ATTEST: Secretary CITY OF Boynton Beach . FLORIDA BY: (TITLE: ) ATTEST: Legal Review Approved as to Funds · ApproVed as to FAPG Available Requirements BY: BY: BY: Attorney- DOT Date Comptroller- DOT Date FHWA Date ST^'~ O~ ~O.~ ~P~e~r WORK DE~RIPTION G~DE CROSSING T~FFIC CONTROL D~ICES RAILROAD COMPANY I FEC Rainy Co. A JOB DESCRIPTION & LOCATION: Can[ FL & G, M~ Wo~ and Cu~ and Gu~ B. ~PE OF ROADWAY FAClLI~: 3 ~ne U~an C. FDOT/~R XING NO.: 272476Y RR MILE POST TIE: 316+4102' O .~PE CEOSSlNG,PEQPOSE~:. ~ C~SS: ~ DOT IND~ NO 17~2 1. ~ISTING DEVICES: (~ Ag~m~t d~ ~/1972 ) a. Non~N~ Cm~ng, b. Gm~u~ and D~. c. ~ F~iRg S~n~ ~ Di~. d. _ E~ing S~na~ w~ e. X ~g S~na~ ~ G~. [ F~g S~n~ ~ Ca~r and G~. 2. PROPOSED D~ICES: (Sa~ Ind~ R~g 0381 ) a. No ~n ~uir~, Cm~u~ and D~k. d. F~sh~g S~na~ ~ Cantle. e. F~ing S~na~ ~ G~ X F~sh~ S~na~ ~ Can~ and G~ g. Re~te ~g ~n~ de~: (1) __.~-W~out) ~n of Gm~. (2) ~W~o~) s~chron~n (3) ~-W~o~) ~ns~nt ~ming F. COMMUNICATION AND/OR POWER LINE ~JUSTMENTS 1 NIA _ By O~ ( Comps.) 2. NIA By R~ Comfy. G. AUTHOR~ REQUESTED: (D~ a~: ~ Y~ NO.) 1. X Agent ~h~ Pa~ Pa~g C~ of ~ton B~ ) 2. Supp~m~l Agent No. 3. Cm~g 4. E~ ~r Change O~ No. 5. L~ of Au~o~. 6. Le~ of Contigen (No Co~ ~ Oe~). H. OTHER REMARKS: Negotiations to be completed by: 10/1/2001 ~ Signal installetion target date: 611/2002 Synchronization: (Draft:attached ~ No.) RECYCLEDPAPER ~*" RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES 1411018215701 NE. 22nd Ave.(Gateway Blvd.) Palm Beach I(SIGR) 00,~4-001 COMPANY NAME: Florida East Coast Railway Co. A. FDOT/AAR XING NO.: 272476Y RR MILE POST TIE: 316+4102' B. TYPE SIGNALS PROPOSED IV CLASS IV DOT INDEX: 17882 SCHEDULE OF, ANNUAL~ COST, . ~ F AUTOMATIC HIGHWAY GRADE CROSS NG TRAFFIC CONTROL DEVICES Annual MaintenanCe Cost E~clusive of Installation CLASS DESCRIPTION COST* I Flashing Signals - One Track $1,870.00 II Flashing Signals - Multiple Tracks $2,474.00 III Flashing Signals and Gates - One Track $2.820.00 IV Flashing Signals and Gates - Multiple Tracks $3,540.00 AUTHORrrY: FLORIDA ADMINISTRATIVE RULE 14-46.002 Responsibility for the Cost of Automatic Highway Grade Crossing Traffic Control Devices EFFECTIVE DATE: July 22, 1982 GENERAL AUTHORITY: 354.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. 'This schedule will become effective July 1, 2001 and will be reviewed every 5 years and revised as appropriate based on the Consumer Price Index for all Urban Consumers published by the U.S. Department of Labor. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION OFFICE OF MODAL DEVELOPMENT DISTRICT 4 RAH, OFFICE ~ROJECT INFORMATION 1 $2-1-57-01 (Gat~,~y Blvd.) Type of Project: installation of~ Project Scope: New Signal Equipm~t... J~ ................................................. $188,860.00 ~ ~ 9,750.00 Contractor's work..: ......~ ~ ................................................... Malnter~nce ofuaffic ...................................................... $ 1,600.00 TOTAL COSTS ............................................................ $200~210.00 DAT~: 09/11/00 '~ FILE: 10.2 TYPE: IV CLASS: ,~ ,~XDA E~ ~S~2 P~%XX~ ~0. O~ ~YS: ~ OP ~ ~F E~ ~ / ~ 9: 272~76Y ESTI~KD COST ~R ~G~AY ~ossI~ w~ING DEVICES AT N.E. 22nd A~, This es=~te shoed ~ co~ide~d void after one (1) ~TE ~S~L!~ $5,231.00 3 ~. $15,693.00 ~ES S500, 00 3 ~. $1,50~ .00 ~TE ~O~DATIONS $575.00 4 ~. $2, ~DITIO~ ~H~G LI~ ~S~iES $3,186,00 1 ~. $3,286.00 ~TILE~ 40' $9, 054.00 1 ~. $9,054. WI~D ~E, ~ & ~P3 ~46,885.00 1~. $46,885.00 ~TTERY ~ S675.00 I ~. $675. ~IES, ~ SPL250 $212%00 30 ~. $6,360.00 MI~. ~O~D ~TER~ $1;7~.64 1 ~. $1,751.64 ~LE S~, 50~ O0 ~ p~. ~s~O~S ~ EQUZ~T Sl, 120.00 PKG. S0.00 1 ~. $5,422.00 MONI~RING EQUI~NT $5, {22; 0O ~ITATiON & DISPOS~ $1,5~6i00 !PKG. $1, ~00. ~I~HT a ~DLIN~ $6.S85. T~ ~ 6.5% $130,~00.~ ~VAT~ EQOI~ PE~ ~Y $181.00 1~ ~YS $2,534.00 EQUI~ ~NT~ P~ ~Y S125~00 14 ~Y$ $1,750. ~'S ~UCK ~ ~Y S35.~0 14 ~YS S490.00 ~ TRU~ P~R DAY $63.00 14 ~Y~ S~R~SO~ TR~ PER ~Y S35.00 14 ~YS ~GINEEAING $6,500.00 1 CONSTROC~ON SU~RVISION S274.00 14 ~YS ~. ~ 37.00 ~OR ADDIT~ ~OR P~ ~Y 81,051.20 $1~, 717 · 00 N~ OP DAYS ~G E~SES ~ ~Y S553.00 N~ER OF DAYS 14 $~, ~42. O0 ~-~ $8,993 · 00 _ ~CONTIN~NCIES 5% September I'3. 2000 F.D.O.T. spe~ta A~.: Ron Holmes 3400 West Commemial Boulevard Fo~ ~uderdale, FL 33309-3421 OFC 954-777~01 ~ ~r F~ 95~777~095 M.A.C. CONTACTING CORPO~TION PROPOSES TO FURNISH ALL ~BOR, ~TERI~S & E~UIPMENT TO ~E~O~ THE FOLLOWING:~ '~ ~" 1. OSLO ROAD -VERO B~C~ Install medians On~bOt~.:r sides ~ ~ossing B. Ins~ll R: P.M. refl~b~ and Ea~c paint TOT~: $ 7280.00 2. S~WAY DRIVE -FORT PIERCE Remove e~sting median, 5'8" x'186' and replace ~th 7'8" x 186' pinned to asphalt eve~ 5' B,Remove and repla~ 32 ~ ~ cu~ and guffer on the NE ~rner C.Remove and replace 4~ E ~ ~rb and guffer on ~e SW ~rner ' D.Remove andre~lace 5 x 18 ~ ~ncrete side~lk on ~e NE'er'er E.Remove and:replace 5' x 15' ~ asphaE side~lk on ~e NW corner TOTAL: $ 33360.00 3. GAT~AYBOULEVARD-BOYNTONB~CH, (~ ZZ~ ~) ~mov~ 70 ~ ~ cu~ and R,mo~ ~,ph,lt 20' x 30' Serving Southeast Florida Since 1980 TOTAL: $ 9750.00 4. SE SEWARD STREET - STUART ~. ~O A. Install asphalt sidewalk on North side of crossing 5' to 7' wide x 60' long ~ -~ and 5' thick TOTAL: $ 2920.00 V' 5. WOOLBRIGH3; ROAD - BOYNTON BEACH A. Form and pour concrete separator on both sides of crossing TOTAL: $ 7980.00 6. COMMERCIAL BOULEVARD - FORT LAUDERDALE ~O A. Remove and replace 300 If of 8" curb and gutter TOTAL: $ 11070.00 1. als included 3. D.O.T. to be used on all crossings except, Seaway Drive plastic land police not included E&OE (NOT~ 'RECE IED .__ NOV - ~ ~ ~' RESOLUTION NO. R0 l- ,~q ~ · t~SIRIC1 :OUR mc[o~ goo~t ~Ev[~O~',l~.m' A ~SOL~ION OF THE CITY CO~ISSION OF T~ ~ C~Y OF BOSTON BEACH, FLORA, A~HO~G E~C~ON OF ~ ~RO~ ~SEMENT AG~E~NT FOR T~ CO~ST~CTION OF ~RO~ G~E CR~S~GS, ~ST~LATION OF T~IC CONSOL DE~CES FOR ~RO~ G~E CROSS~GS. ~ F~ ~EN~CE ~ ~ST~ OF S~ CROSS~GS ~ DEVICES; PRO~G FOR T~ ~ E~~ OF F~S; ~ PROLOG ~ E~ECT~E DA~, ~E~, ~e State of Flod~ D~m~t of Trmspomfion is com~cfing, recom~c~g, or o~e~ise ch~f a poffion of ~e public road s~tem, on m.w. Argue (Gateway Blvd.), wMch s~ll cml for ~e immllafion ~d ma~t~ce of mko~ ~e crossMgS ~d ~fic conmol devm~ for rmkoad ~de ~ssmgs ov~ or ne~ s~ NOW, ~Fo~, ME ~ ~SOL~D MY T~ CI~ CO~SSION ~F T~ CITY OF BO~ON BEACH, ~O~DA, THAT: SeCtion 1. ~e Ci~ Comssmn of ~e Ci~ of Boston Be~ Florida does hereby au~odze: ex~on of a ~o~ Re~bu~ement Ageement wi~ ~e State of Florida D~ent of T~po~afion ~d ~e FEC R~way Comply for ~e ~stallation ~d mmten~ 0fl ce~m ~ade cmss~gs ~d ~ffiC consol device~ for ~e crossings desi~at~ ~ F~ce ~oj~t ~ 41018215701, on N.W. 22~a Av~ue w~ch crosses ~e d~t of way ~d mc~ of ~ ~C ~lway Comply at ~OT/~ Crossing No. 272476-Y, 1ocat~r~ Boston Be~ Flod~. s~o~ 2. ~ ~ ci. ~ ~u ~ of ~e ~o~ eo~ ~ ~t~ ~or ~jm~t' of ~d ~e cm~m~ ~d ~c con~l demc~ xor ~ae crossings ~ d~i~ ~ ~ ~ Re~bmement Age~ent. S~fion 3~ ~t ~e Mayor ~d Ci~ C1~k ~ h~eby au~odz~ to execute such Ag~~ ~ ~ State of Florida D~em of Tr~o~afion ~d ~e FEC ~lway Compmy. S~fion 4; ~ ~s Remlufion sh~ t~e eff~t ~e~ately upon p~sage. RAILROAD REIMBURSEMENT i.AG REEMENT: GRADE CROSSING TRAFFIC CONTROL DEVIcEs. MuNIcIPAL FINANCIAL PROJECT ID ROAD NAME OR NUMBER COUNTY NAME PARCEL & RAN NUMBER I FA~NUMBE~ 41018315701 '15th Ave 93000-SIGR 00S~-001 THIS AGR~ENT, made and er~tered into this d~(Sf by and between the S3'ATE OF FLORIDA DEPARTMENT OF TRANS~TATION. hereinafter called the with its pnncapa! place~' business in. the CJt~y ~ *St ~g~e , Coun~ ~ ~ J~ns S~ of FLORIDA , h~e~r ~11~ ~e COMPANY' and ~e C~ of ~yn~ ~h a mun~ipal co~m~n, here~a~r ~11~ ~ C~. WITNESS~H: WHER~S, ~e D~ARTMENT b ~n~ng, ~n~cang or ~e~ chang~ a p~ of ~e Publ~ R~d ~, d~n~ by ~e finan~l Pmj~ ID 4101~1~01 on 15~ A~ _, wh~ cro~s at grade ~e ~ht of ~ay and ~cks of ~e COMP~S M~ 313+ ~' FDOT/~ Cro~ng Number 2724~R , at or n~ ~n ~ach as ~o~ ~ DEP~TME~SPlan ~ No. ~P , a~h~ h~e~ as a pa~ her~f; and NOW, THEREFORE. m ~ns~em~n of the m~al unde~kings as hem~ ~t ~, ~e paff~ hereto agr~ '~ f~to~: 1. The C~PANY ~11 ~m~ ~e ~ mate~s and in~ll'~ G~e Cm~ing S~nals T~e ~ Cla~ N ancot ~ ~ ~n~l de~ at ~M I~n on an ~al ~st basis a~ in ~ ~ (1) ~e a~ d~a~ ~t~t ~ ~ ~, plans, and ~ns; and (2) ~e DEP~TME~S Plans ~ ~ard I~ Numar 17~2 ~h~ ~ and m~e a pa~ he~. 2. A~ ~11~ ~ ~ ~nals ~ ~mpl~, ~ (50) ~'~ ~e e~en~ ~er~f in ma~ining ~e ~me ~all ~ ~me by ~ C~ and ~ (~) ~ ~all ~ ~me by ~e COMPLY, as ~umemt~ by ~e ~hedute ~ ~nual ~ ~ A~ H~ G~ C~g D~ ~ ~ a~ ~ ~ r~ m~ a paA her~ ~d ~bj~ ~ ~re ~. 3. ~ ~M s~nals ha~ ~n ins~ll~ and f~nd to ~ ~ ~ ~ order by ~e pa~s hereto. · e ~me shall ~ ~m~ly p~ ~ ~, ~m~ and main~ by ~e COMPLY ~ long as ~ COMPANY ~ ~ ~ or ~ns ~11 ~a~ ~ ~ ~ ~ ~ g~ ~; ~ una l ~ ~ ~.=n ~ pa~ he~ ~a ~e ~ls am no Io~ n~w m u~ ~e ~ c~ ~ ~: ~ I~1 ~uk~en~ ~ur ~ --- The COMPANY agrees that any future relocation or adjustment of said signals shall be performed by the COMPANY. but at the expense of the par~ initiating such relocation. Upon relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement, it is further agreed that the cost of maintaining any addit{onal or replacement signal equipment at the same location will be shared as provided under Paragraph 2. above. 4. Un ess otherwiSe agreed upon herein the CITY agrees to insure that at the crossing the advance warning signs and ra road crossing pavement markings will conform to the U.S. Denanment of Transportation Manual on Uniform Traffic Control Devices within 30 days of notification that the railroad signal improvements have been completed and thatSUch Signs and pavement markings will be continually maintained at an acceptable level. 5. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities along said roa~3 in accordance with the provisions set forth in the: (a) DEPARTMENT Procedure No. 725-080-002 Appendix D.4. and Rule 014.46.002 "Responsibility for the Cost of Railroad/Highway Crossings". Florida Administrative Code, dated July 22, 1982- xx (b) Federal Highway Administration Federal-Nd Policy Guide, 23 C.F.R. Subchapter G, Part 646, Subpart B, and 23 C.F.R., Subchapter B, Part 140, Subpart I, ~' and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work, with its own forces or by a contractor paid under a cont,'act let by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. ._ 6. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incumed by it in the installation and/or adjustment of said facilitieS, in accordance with the provisions of Procedure No. 725-080-002 Appendix {3-4 "Billing Requirements," and any supplements thereto or revisions ~eraof. It is understood and agreed by and between th~ parties be~e~o that preliminary engineering costs not incorporated within this agreement shall not be subject to oavment by the DEPARTMENT. 7. Attached hereto, and by this reference made a part hereof, are plan~ and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an itemized estimate of the cost thereof in the amount of $ 264,250.00 . All wod( performed by ~he COMPANY pursuant hereto, shall be performed according to these plans and speciflcetJons as appro~ by the DEPARTMENT and the Federal Higllway Adminis~a~on if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and the Federal Highway Admini~baiJon, when applicable. 8. Ail labor, services,meterials, and equipment furnished by the COMPANY in oamying °ut the w°rk t° be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Sepa~,~e records as to the costs of contract bid items and force account items performed for the COMPANY shall also be fumished by the COMPANY to the 9. The COMPANY has determined that the method to be used in developing the relocation or installation cos~l shall be as specified for the method checked and described hereafter: XX Ia) Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescr',rb.ed by the applicable Federal or State regulatory body __ (b) Actual and related indirect costs accumulated in accordance with an established accounting procedur, (c) An egraed.~lump,sum $ , as support.~.by a detail analysis of. estimated cost attache~J~_ hereto. (NOTE: This method is not applicable where the estimated cost of the proposed adjustment exceeds $100,000.) 10. The installation and/or adjustmentof the COMPANYS facility as planned will not involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimburs~ble wo~ is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked and described hereafter): ~ NA . (a) % wifl be applied to the final billing of work actually accomplished to determine ~' ' required credit for (betterment) and/or (expired service life) and/or (nonreimburseble segments). NA (b) All work involving nonreimburseble segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the work; such work or job orcter number to be The COMPANY further agrees to dearly identify such addittonal work areas in the COMPANY'S plans and estimates for tJ~e total work covered by this Agreement. NA (c) $ credited for C ~tterment ~) expired se~,~ice life (~ nonreimbursable segments in accord with Article 9.(c) her~einabove. 11. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY as a result of the above installattort and/or adjustment work. 12. It is further agreed that the cost of all improvernents made dudng this adjustment work shall be borne by bhe COMPANY, subject only to the DEPARTMENT bearing such port~:m of this cost as represents the cost of ~"~ adjustment of previously existing facility, ~ salvage credit as set forth in the immediately preceding paragraph. 13. Upon completion of the work the COMPANY shall, within one hundred eighty (180) days fumist~ the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained in the estimate attache(3 hereto. The totals for labor, ovarhead, traval expense, t~ansportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready compariSOn with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in said bills in relative position with the charge for the replacementor the orig na charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or ~ght-of-way items are involved, the date on which the eadiast item of billed expense was incurred; the dete on which the last wod( was performed or the last item of billed expense was ~Uffed; and the location where the records and accounts billed can be audited. Adequate reference shall be made in the billing to the COMPAN¥S records, accounts and other relevant documents. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, ~e DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. 14. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Si=~e Compb'oller under Section 215.422(14), Florida Statutes. 15. In accordance with Section 287.058, Florida Statutes, the following provisions are in this Agreement: If this Contract involves units of deliverables, then such units must be recen/ed and ~cceptsd in writing by the Contract Manager prior to payments. Bills for fees or other compensation for se~ices or expenses shall be submitted in detail sufr~iant for a proper preaudit and postaudit thereof. 16. Bills for travet expensas specificelly authorized in this agreement shall pe submitted and Paid in accordance with DEPARTMENT Rule 014-46.002 "Rasponsibil~ for the cost of Railroad/Highway Crossings" and the Federal Highway Administration Federal-Aid Policy Guide, Subohapter B, Part 140, Subpart I "Reimbursement for Railroad Won~." 17. In accordance with Section 215,422. Florida Statutes, the following provisions are in this Agreement: Contractors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect andapprove the goods and ,. ,,.~?. unless.the Agreement specifias othe~. The Department has 20 days to delh~r a r~uest ~ payment (vaucber) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services ar{ r, Which have to be returned toa Contractor because of Contracto~,prepar~tion,errOrS~will result'in edelay n the pa~en't. The invoice payment requirements do not start unt] a properly ~plbted invOiCe is provided to the Deparlment. individual include ~cting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the State Comptroller's Hodine, 1-800-848-3792. 18. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at alt times during the period of this Agreement and for three years after final payment is ~nad~e. Copies of these documents and records shall be furnished to the Depadmant upon request. Records of costs incurred includes the Contractor's general accounting records and the project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a prooer audit of costs. 19. In the event this contract is for sen&~es in e~cess of TWENTY FIVE T~OUSAND DOLLARS ($25,000.00) and a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the e~gpenditure of money in e~cass of the amounts budgeted as available for expenditure during such fiscal year. Any contract va~al or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Oepartn~ent shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other bind'rog comrni~ent of funds. Nothing herein contained shall prevent the making of contracts for periods e:~:~=ding one year, but any cona'act so made shall be e.~ecutgm/onlv for the value of the se~cas to be rendered or agreed to be paid for in succedincJ fiscal years: and this paragraph shall be incorporated verbatim in all contracts of the Department whioh are for an amoun[ in excess of TWENTY FIVE THOUSAND DOLLARS {$25.000.00) and which have a term for a period of more than one year. 20. In accordance with Section 287.133 (2)(a), Florida Statutes. the foltowing prowsions are included in this Agreemem: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a 13ublic 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 of real property to a public ent~ may not be awaroed or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any pub ic entity, andmay net transect: business with any public enlJty in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. In accordance with Sect~n 287.0582, Florida Statutes, the following provisions are included in this Agreement: The Department's obligation to pay under this section is contingent upon an annual appropriation by the Flodda Legislature. 22. T~ c'..' .f ~. ~-~,~.*~T,'.',E,~-' ,'T'S ..ff,.;c .... ~, ,=, .., ,~ ~,.,~.k.~...-. fi.. - ..... ~ ..................... Special Provisions: 1. Paragraph 22 deleted by all parties prior to e~ecufion. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers. t~e day and ~'ear first above written~ BY: ATI'EST: COMPANY: Florida East Coast Railwey L.L.C. BY: ATTEST: Secretary CITY OF Boynton Beach , FLORIDA (TITLE: ) A~EST: Legat Renew Appn:M~l as to Funds Approved as to FAPG Ava~le Requirements BY: BY: BY: Attorney- DOT Date Comptroller- DOT Date FHWA Date WORK DESCRIPTION GRADE CROSSING' TRAFFIC CONTROL DEVICES RAILROAD COMPANY I F[odda East ,Coast Railway Co. A. JOB DESCRIPTION & LOCATION: Cant wf FL&G, Peal. §ares, median gates, and b~affic separators B. TYPE OF ROADWAY FACILITY: 4 ~ane uCoan ar~eda~ C. FDOT/AAR, XING NO.: 272484R '. RR MILE POST TIE: 313+(3848' D. TYPE CROSSING PROPOSED: iV CLASS: IV DOT INDEX NO.: 17882 E. STATUS AND PROPOSAL: 1. EXISTING DEVICES: (See Agreement_dated ) ~ None-New Crossing. b. CmSst3~c~ and Disk. ~ __ Ftashing Signals wi~ Dis,'<. d. Flashing Signals wi~ Cant~lever, e. X ~ing Signals With Gates. ~r~,~ f. Fbshing Signets wfth Cantilever and Gates. · - 2. PROPOSED DEVICES; (Safety Index Rating } a. No revls~3n required~ b Crossbuck and Disk. c. Elsshing Signals and Disk. d. F~ashing Signals wit~l Cantilever. ~ e. F~aStliag Signals ~ Gates. - f. X FlsshLqg Signats with Cantilever and Gates. (1) ~Vil~.~r~'~3ut) addilion of Gates. (2) (Wittt-~r~out) synchmniza~on with highway traffic signal~ (3) (Wilh-W'~out) constant waming t~me. F. COMMUNICATION AND/OR POWER LINE ADJUSTMENTS ~. N/A ayO~em( Company.) 2. ~A By ~aeoa~ C. ompany. (3. AUTHORITY REQUESTED: (Draft at~ed: ~ Ye~ ~ No.) 1. X Agreement (Third Par~y Participating City of 2. Sup[olemental Agmeraeat No. 3. Crcostng Pemut 4. Est~late for Change O~e~ No. S. Lee~ of Autho~t~. 8. Let~' of Con&-mation (No Cost to Department), H. OTHER REMARKS: Negotiations to be comg~d Oy. 11/1/2001 $ignat inatallalJen ta~gat date: RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES COMPANY NAME: Florida EastCoast Railway CO. ' , RR MtLE~O~ TIS:: ~3,~13,~84~[~ B. TYPE SIGNALS PROPOSED ::iV CLASS iV., ' ~: ©05: NDe.. ~ 7882 SCHEDULE OF ANN'UAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES Annual Maintenance Cost Exclusive of Installation CLASS DESCRIPTION COST* I Flastfing Signals - One Track $1.870.00 -~11 Flashing Signals - Mui~le Tracks $2,474.0Q Ill Flashing Signals and Gates- One Track $2,820.00 IV Flashing Signals and ~ - Multiple Tracks $3,540.00 AUTHORif~Y: FLORIDA ADMINISTRATIVE RULE 1446.002 Respons~7~ity for the Cast of Automatic Highway Grade C~ Traffic Control Devices EFFECTIVE DATE: July 22. 1982 GENERAL AUTHORITY: 334.044, F.S. SPECIFIC LAW IMPLEMENTED: 335.141, F.S. ~-~ "l'his schedule wifl become effective ,July 1, 2001 and will be re~ewed every 5 years and rev~l as appropriate based on the Consume~ Price Index for all Urban Consumers published by the U.S. Department of Labor. ~ WOOLBRIGHT RD. ,'~',,~- ~'~'"'~' , I~N BOYNTON BEACH I.,,IOOLBRIOHT ROI~D PROJECT ESTIMATES NW. 15th Avenue (Woolbright Rd.) FLOR IDA DEPARTMENT OF TRANSPORTATION Company: FEC Railway Co. Crossing Number: 272484-R -t- RR. Mile Post 313 0848 Type of Project: Installation Of Grade Crossing Traffic Control Devices Estimated railroad costs $255,270.00 Estimated contractor costs $7,980.00 MOT costs $1,000.00 - Total Estimated Costs $264,250.00 Estimates provided by the District Railroad Coordinaters Office, FDOT, Florida East Coast Railway Co., and Mac Construction Co. SEP [g '00 %i:~P~ ~EC 5NGIHE-LqIHG MIW&S DATE: TYPE: C~S: NO, OF ~AY3; 14 COST FOK HZ~h~AY ~0SSING W~NG DEVTCES AT WOC~YGHT RC~ (S.E. 15~ A~.) · ~ $5,23~.00 6~A. ASSembLIeS $500. O0 6 ~. ~3, S575.00 6 ~. $3,450.00 FO~TIONS $8,551.~0 2 EA. ~T~ 33' $6,400.00 ~E, 4~ W/~D-3R2 $60,670.00 1 ~. S6~, S675.00 2 ~. ~O~D ~ $2S 40~.72 :1 ~. S2,406.72 & DIBE~IO~ BO~ S45.Q0 280 ~T. $7,500.00 1 ~. t P~. S1,1~.00 ~3~O~S ~Y EQ~ $i, 120.00 sg00.00 I ~. SERVI~ $8,051.00 ! ~G. S~, 051.00 /~ ", MONITO~G ~I~NT $~, 500.00 s~IT~ION & DiS~ $1,]0~.00 1 PKG. & ~DLING SLO,~9.00 ~UAT~G EQUI~NT P~ ~Y S151.00 14 ~YS S2,534.00 ~O~ ~ p~ ~y $125.02 ~4 ~YS $1,750.00 $35.00 14 ~YS $49~.00 ~U~ ~ DAY ~35,00 14 ~YS ~G~ $6,500.00 1 ~, ~00.0O CONS~U~I~ ~ISI~ S274.00 ~4 ~YS $3,836.00 $14,717.00 ~B ~Y $1,051.20 14 S553.00 CO~IN~CIES S255,1~0-~0 September 13, 20QO , P bi' T ' "lO~'fice~D ........ : u lc ransportafion istrlct 4 ...... =~,,,,r,-;~,,. Attn.: Ron Holmes 3400 West CommerclaJ B~ul~v~rd Fo~ ~uderdale, EL 33309-3~ OFC 954~777~401 F~ 954-777~095 M.A.C. CONTRACTING CORPORATION PROPOSES TO FURNISH ALL L~.BOR. MATERIALS & EQUIPMENT TO PERFORM THE FOLLOWING: '- OSLO ROAD- VERO BEACH A, Install medians on both sides of crossing B, Install R;P,M, reflectors and traffic paint TOTAL: $ 7280.00 2. SEAWAY DRIVE - FORT PIERCE A. Remove existing median, 5'8" x'186' and replace with 7'8" X 186' pinned to asphalt every 5' -_ ._ B, Remove and replace 32 If of curb and gutter on the NE corner C, Remove and replace 40 ff of curb and gutter on the SW comer D. Remove and replace 5' x 18' of concrete sidewalk on the NE corner E, Remove and replace 5' x 15' of asphalt sidewalk on the NW corner TOTAL: $ 33360.00 3. GATEWAY BOULEVARD - BOYNTON BEACH A, Remove 70 ~f of curb and gutter B. Install 150 ff of curb and gutter C, Remove concrete median 15' x 15' D. Remove asphalt 20' x 30' Servgng Southeast Florida Since 1980 9750.00 STREET' S~ ~ SE sEWaRD i. AR A. Install aspha t sidewalk o~ North side of crossing 5' to 7' wide x 60' ~ong and 5' thick TOTAL: $ 2920,00 $ ' 7980 00 TOTAL: · 6. COMMERCIAL · ' A. Remove and rep '~ $ 11070,00 .... TOTAL: 2. M.O.T. included ~ all crossir~gs except,Seaway Drive 3, D.O which will be hauled off sff. e 4. All ~ 5. Sod and fil~ not included ~ - - · - 6. Permits not included ~"- d 7. F.E.C. flagmen and po ice_ npt~,~: ,~,nclude , MICHAEL J. CURRY E&OE President BY US IF NOT AccEPTED'~N1THIN FORTY-FiVE DAYS) P~O~AL MAY SE THtS SE;MAP NO, 10~ 'SW 6 SW VII.-CONSENT AGENDA ITEM C.5 RESOLUTION NO. R01- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF TWO REVISED AGREEMENTS FOR THE MAINTENANCE OF TRAFFIC CONTROL DEVICES ON THE AT-GRADE RAILROAD CROSSINGS FOR NE 22ND A~ 15TM AVENUES; AND.PROVIDING AN EFFECTIVE DATE. WHEREAS, the. attached two Agreements previously came before the Commission and were approved by Resolution Nos. R01-242 and R01-243, on August 21, 2001, however FDOT erroneously prepared the Agreements on out-dated forms, which were returned by the Comptrollers Office in Tallahassee for re-signature; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF TIlE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Comanission of the City of Boymon Beach. Florida does hereby authorize execution of two revised Railroad Reimbursement Agreements with the tare of Florida Department of Transportation and the FEC Railway Company for the ~stailation and maintenance of certain grade crossings and traffic control devices for grade crossings designated as Finance Prolect ID 41018215701 and Finance Project ]12) 41018315701, on N.W. 22nd Avenue and 15th Avenue, which crosses the right of way and tracks of the FEC Railway Company at FDOT/AAR Crossing No. 272476-Y, and at 'DOT/AAR Crossing No. 272484-R, respectively, located in Boymon Beach, Florida. Section 2. That the City assumes its share of the costs for furore maintenance md/or adjustment of said grade crossings and traffic control devices for grade crossings as designated in the Railroad Reimbursement Agreement. Section 3. That the Mayor and City Clerk are hereby authorized to execute such revised Agreements with the State of Florida Depattmem of Transportation and the FEC Railway Company. Section 4. That this Resolution shall take effect immediately upon passage. S:\CA\RES O~,greemen ts',FDOT - rev agr - Gateway ano 15th Ave.doc PASSED AND ADOPTED this day of February, 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor CommissiOner- Commissioner Commiss/oner kTTEST: City Clerk (Corporate Seal) S:\CA\RESO~Agreements\FDOT - rev agr - Gateway and 15th Ave.doc VII.-CONSENT AGENDA ITEM C.6, CITY OF BOYNTON BEAC~ AGENDA ITEM REQUEST FORM u~F~.~ A]'Ii.~6 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetiaa Dates ' in to City Clerk's Office Meeting Dates in to Cttv Clerk's Office [] November20.2001 November7.2001 (5:00p.m.) [] lanuarytS. 2002 January3,2002(5:00p.m. [] December 4. 2001 November 21. 2001 (5:00 p.m.) [] February 5 2002 January t 6, 2002 (5:00 p.m.) [] December ~8. 2001 December 5. 2001 5:00 p.m.) [] Februapj 19, 2002 Februaiy6, 2002 (5:00 p.m.) [] Jaauary 2. 2002 Decemberlg. 2001 (5:00p.m.' [] MarchS. 2002 Februar520.2002(5:0£p.mo --] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentation [] City Manager's Report RECOMMENDATION: Motion to approve full release of surety for water and sewer improvements, for the project known as Military 10, and refunding the cash surety to Crowne Storage Associates. LTD.. and Military 10 L.C. EXPLANATION: The Water and sewer' systems serving this project have passed all inspections, and operated satisfactorily during the one-year warranty period. PROGRAM IMPACT: None FISCAL IMPACT: None ALTERNATIVES: None ~~ De~nment Head's Signature -City Ma~uager s Signature Department Name ~/ city All~ney / Pinance / Human Resources XC: Peter Mazzella iw/attachments) Barbara Conboy City Attorney Finance Dept ~ File S:~BULLETINXFORMS~AGENDA ITEM REQUEST FORM.DOC RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING A FULL RELEASE OF CASH SURETY TO CROWNE STORAGE ASSOCIATES. LTD.. IN THE AMOUNT OF $8,814,45, FOR THE PRQJECT ~K/~DWN AS ON INDUS'ERIAL AVENUEi ~A~."npRO~ING FOR. EFFECTIVE DATE. WHEREAS, Crowne Storage Associates, LTD., the developer for the project known ~s Military 10 L.C.. previously posted a cash surety in the amount of $8,814.45 for the water and sanitary sewer system; and WHEREAS, the Utiliiy Department of the City of Boynton Beach is satisfied w/th the completion of the work, and the systems have been transferred to the City for ownership, operation and, maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOY1NTON BEACH, FLORIDA, TItAT: Section 1. The City Commission of the City of Boymon Beach, Florida, upon the ~ecommendation of staff, hereby approves the release of the cash surety in the amount of $8.814.45 to Crowne Storage Associates, Ltd. Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this __ day of February 2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Conumssioner Commissioner ATTEST: City Clerk s:ca\Res~Letter of Credit/Cash Surety Release - Crow'ne Storage Associates- Military 10 .~, ~- - - . - -':-- January 30. 2002 Mr. Peter Mazzella City of Boynton Beach Utilities Department 124 E. Woolbright Road Boynton Beach, FL 33435 MILITARY 10 MUPD WARRANTY BOND RELEASE WHS PgOJECT #4778-03 Dear Peter, The City has completed the final "walk through" of the project's water and sewer facilities and have found them acceptable. Please accept this letter as request to release the two sureties posted in the amounts of $4,788.05 and $4,026.40. copies attached. If you. have any questions, please contact me. Sincerely, Rebecca Travis, P.E. Project Manager Cc: Alan Engel, Butch Rigsby - Crowne Chuck Wanio - Wolf Realty DIRECT PAYMENT REQUISITION Please issue a check in the amount of . $ 4,D26.40 - To: Militar~ 10 LC. 288-Z Smith Sundy Road Delra¥ Beach, FL 33446 VR~ For: Surety release for water and sewer improvements Commission approved: Requested by Pete Mazzella, Asst. to the Director ~ DateFebruary 1, 2002 Approvals: Dept. Head ~---~L~ &u~ ~ 1' o~. F~'OI:D"PTIB^$'OI"~"IoB'I AMOUNT 40'1 0000 220 99 00 4,026.4( Finance Dept. City Manager r $4,026.40 DIRECT PAYMENT REQUISiTiON Please issue a check in the amount of $ 4,788.05 To: Crowne Storage Associates. LTD. 505 North 20" Street Suite 1015 Birmingham, AL 35203 VR# For: Sure~ release for water and sewer improvements Commission approved: Requested by Pete Mazzella, Asst. to the Director~ DateFebruary 1 2002 Approvals: Dept. Head ~ ~ ,~0./' O~. PUNDIDEPTIBAs'OIE'EIO"'I AMOUNT 401 0000 220 99 00 4,788.05 Finance Dept. I City Manager ~ $4,788.05 ' VII.-CONSENT AGENDA ITEM C,7. CITY OF BOYNTON BEACE f... I AGENDA ITEM REQUEST FORM Requested City Coramiss/on Date Final Form Must be Turned Requested City C~mmission Date Final Form Must be Turned Meeun~ Dates in to Ciw Clerk's Office Meel/n~Dates in to City Clerk's Office {-~' November 20, 2001 November 7, 2001 5:09 p.m.) [] January t 5. 2002 January 3, 2002 (5:00 p.m. [-- December 4. 200t November ~ 1,200I (5:00 p.m.) [] February 5, 2002 January 16, 2002 (5:00 p.m.) "~ December l8, 2001 December5.2001 (5:001xm.) [] Febmary [9, 2002 Febmary6,2002(5:00p._m0 [] January Z 2002 December t9, 2001 5:00p.m.) [] MarchS, 2002 Fqbmary20,2002(5:00p.m./ [] Admirdstrat~ve [] Development Plans NATUqg~E OF [] Consem Agenda [] New Business AGENDA ITEM [] PubficHearmg [] Legal c~ ~__ [] Bids [] Unfinished Business [-- Announcemem [] Presentation [] City Manager's Report - · RECOMMENDATION: Staffrecommends the approval of a contract in the amount of $50,000.00 with Barry, r~. Fr ~a~?~e~.~ .& Associates. P.A. to use Community Development Block Grant Funds for the purpose of acquiring mode~ op~c equipment end making renovations to the interior of 540 E. Woolbright Road. EXPLANATION: Th/s project was previously approved *y consent on the agenda of August 7. 2001, and was contingent upon the approval of the Palm Beach County Comm/ssion for matching funds in the mount of $50.000 from County Funds designated for Economic Development. PROGRAM IMPACT: The creation and retention of 11 .jobs for low and moderate-income individuals, and provismn of services at discounted rates to customers FISCAL IMPACT: Assisting this business in the ereation/retention of $254,000 in jobs to low income individuals ~ D ela~r~eaf'ble afl' s S ~g~a~areX'~ ' Qity l[/lanager's Signature Department Name /~" ' -Cit~ PTt~e"~ / Finance- ~I~trnan Resources S:~BULLETINWOILMS~AGENDA ITEM REQUEST FORM.DOC AGREEMENT BETVVEEN THE CITY OF BOYNTON BEACH AND BARRY FRANKEL AND ASSOCIATES~ P.A, THIS AGREEMENT, entered into this day of 20 , by and between THE C TY OF BOYNTON BEACH a political subdivision-of the State of F orda fo~ the use-end benefit of ts'.Commun ty evelopment Block Grant Program a~nd Barry Frankel and-Associates, P.A., a corporation UuIy'Organ zed and authorized to do business in the state of ~=~i~ida :having-its principal office at 540 East Wooll~r[ght Road BoYnton Be~ch, FL 33~35 and its F~ra[' Tax dentifi~ati~ 'N~mber ~s 65-0998358. hereinafter ~'~ferreB as the "Company". WHEREAS. the City of Boynton Beach has entered into an Agreement with the United States Dep~n~.iOf HJoQsing and UrbadDevelopm~nt,for a gra~ fdr,.the executlod and impieh~htation of a C6~m~hit~De/ve ppm~nt Block Grant ~0g~am in q,e~ain areas of the city of Boynton E~each, pursuant to Title '1 of t~.;l~0~a~d Communiiy Db;~el6pment Act' 0~ ~i,97~ (as~ amehded);, and WHEREAS, the City of Boynton Beach~ in acc~o, rdance with the Annual Consolidated Plan and Barry Frenkel and,A~S0C ates P A des re to p~ov de the alt V ties speq ~i~ed n Par~ of th S Agreement and WHERE,,S, the City of Boyn[on Beach desires to engage ':Barry Franket and Associates, P.A. to implement such undertakings of [he Community Dev~lPpmentB~i:~' Gra~ ~rogram. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE 1. DEFINITIONS 1 ) "City" means City of Boynton Beach. 2)"CDBG" means the Community Development Block Grant Pmgrem of the City of Boynton Beach. 3) "CRD" means City of Boynton Beach Division of Community Redevelopment. 4) ?Company" means Barry Frankel and Associates P.A. 5) "CRD Approval' means the written approval of the Director of Development or his designee. 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 7) "Low and moderate income persons" means the definition set by U.S.'HUD. 8) "Held by or made available to" means the definition set by US HUD. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions ur~der which the Company will implement the Scope of Services set forth in Part II of this Agreement. At least 5'1 percent (51%] of the jobs created/retained through this Agreement must be held by, or made available to. Iow- and moderate- income persons. PART II SCOPE OF SERVICES The Copt ~any shalt, in a satisfactory and proper manner as determined by CRD, perform the tasks outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD, AND CONDITIONS OF PAYMENT 1. MAXIMUM COMPENSATION The Company agrees to accept as full payment for services rendered pursuant to this Agreement the and CRD approved expenditures and encumbrances made by the :1 services shall be. performed-in a manner satisfacto~ to CRD. In reimbursement to be paid hereunder exceed the maximum and, 000 for the period of December 18, 200~1 tl~raugh and including funds not obligated by the eXpiration date of this Agreement automatically up to ten percent-(10%) oma :umu!ative basis of en~ period. Such ~e~uests for changes, must' be made in excess of:ten percenti(100/~)must be;approved by ~ Beach. 2. 'i~IME.QF PERFORMANCE The eft ~ctiv~ d~tg~of this ~reement and ali rights and duties designated hereunder are contingent upon _~lv~.re~eA~ ..... of f~ur~ds.f~_. : :p~oject. ,under grant n umber B 0~i MC 12 0043 Tffe. effect ve date S~ail 5, i;:[i~e ~ta~.of exgPuti~n of thJs~Agreement, and the services of the Company Shat[ be undertaken and~¢o' 9p~i~'~¢d.i~ight:~f~6e ~urp0Ses of ~his Agreement. In any event, all servicesreqqired:hereunder~- · i{~l~dSl~'g[th$!;(~'~mpany bY September 30, 2002. and to reimburse the Agency for all budgeted costs permitted by In noevent shal~ the City provide advance funding to the Company ~ or theCompany for payments or reimbq~semen[s shalt be ,~ ~res and should, to the maximum extent ~)ossible, be thirty~(30) days after the date of payment by the Company· ~ Company and CRD. Proof of payment and originals of invoices, shall be considered proper d0cqme~ntation~ When original J~tif-y th~i~ a§sence, in iwriting, and f received by ~the City of ,~Boynten Beach Finance expiration date of this'Agr~emeht, nor will any Agreement. 4. (1) ~EI~:EMENT,~.T,,ION,~PEOJECT ACCORDING TO REQUIRED PROCEDURES ~pplicable Federal, State, and and amendments and additions the~to as may from time to t~me laws, ordinances and codes are minimal regulations which may e restrictive guidelines set forth by CRD. No reimbursements will be ppropriate insurance required by this Agreement on file with CRD. )jects will be made until a cost allocation plan has been approved after the commencemen~ of this Agreement. in writing within thirty (30) days of receiving notification from plan for approval by the~CRD within forty- (2) FINANCIAL ACCOUNTABILITY The City may have a financial systems analysis and/or an audit of the Company or any of its subcontractors performed by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary [o determine if the project is being managed in accordance with Fe~de~al, State, ~r~d City requirements? (3) SUBCONtRACtS Any~,work or services subcontracted Proper qust be and t the fee lber of which (5) this this same,expenses CRD shall have the right under this Agreeme, nt ~o s~spend ,or t~erminate payments until the Comp~tn~¢omplies w th ~ny add t ona c0nd tions;thatlma~(~bb ~p0se;d,:by the C.~,0r U~$ HUD (7) PRIOR:¥¢RITrTEN APRP,©VALS-SUMMARY :, activities that require~ th¢+'pdor written app¥oval of the cRD;to D~'eligibie for reimbu~;sement or payment: ' (a) Ali ,~ub¢ont~acts and agreements pursuant to this_Agreement; (b) Ali caP!tal equiPment, expenditui'es of'$i.000 or more; · ' ~ (c)Al[ OUt, of-town travel; (travel 'shall be reimbursed' in accordance ~it~ Florida Statutes, Chapter 112.06't~);: , : ' , : L'-' ' ' (d)Al[ c~oge orders;.a~nd:, . ' . , ':~ ' (e.)P,~e4u'bCt,'s to t~tilizbidr~eommitted :funds after the expir:~tien ;of t~is; agreement ~for programs desc~ibed'~n Exhibit A. . (f)AII rates of pay and pay increases paid from funds provided hereunder, whether for merit or cost of living. 3 PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Company agrees that no,,person shall on the ground of race, color, national origin, religion, d sability, age ,~.mi a statps or sexbe excluded fr?m the benefits of, or be subjected to discrimination ur~der any activ ty carried out bY the-perfom~ance (~f this Agreement./upon, receipt of evidence of such discrimination, the City shall ha~e th~ right to-terminate this. Agreement. To the greatest extend feasible, Iower~inCome residents of the project areas shall be given opportunities for training and employment; andto thegreatest feasiele.ext~Leligible business, concerns.located in or owned in substan~da] part by persons residing in the :pr0j:ect areas sha]l be awarded Agreements in cpnnection with the project. At a minimum, the Company ~l~a]l Comply with the Section 3 Clause of the Housing and Community Development Act of 1968, as amended. 2. OPPQRTUNITIESFORSMAL!.:!ANDMINORI'P(NVOMEN-OWNED BUSINESS ENTERPRISES In the ~rob~rre.ment'of suppiies;~iequipmem, construction~ or serwces,to implement this Agreement, the Company sh~a make a p~itive i~ff~rt to ut ze sma] bus ness and minority/women-owned business en~erpi~ises Of supplies an,d se~ces,} and provide these sources the,maximum feasible opportunity to compete ~oi- A~reement~¢ ~: be Pedormed pursuant to this Agreement ]'o the maximum extent ~feasible these small busihess an~d ih~inodty/w0men- owned business enterprises shall be located in or. owned by residents of the areas de~ gnated by' City of Boynton Beach in the Annual Consolidated Plan approved by U.S. HUD. 3 PROGRAM BENEFICIARIES ~"~ At ~east fifty-one percent (5'1%) of the jobs created/retained through this project must be held by, ..... or ~ade~available to, Iow-and moderate-income persons, if the project is ~ocated in an entitlement city~ a~ defined by U.S. FIUD, or serves benefcares countywide, more than 30 percent (30%/ of the beneficiaries assisted directly through the use of funds under this Agreement must reside in unincorporated City of Boynton Beach or ~n municipalities participatinc~ in the County's Urban County Qualificati~n Program. The Company shall provide written verification of compliance as described in Exhibit A of~his ,Z~greement to CRD L~pon CRD's request. 4. EVALUATION AND MONiTORiNG The Oorff~n,/ agrees that CRD will carry out periodic monitoring and evaluation activities, as deterrflinbdinecessar~ bv'CRD or the Cry durng the term of th~s Agreement and dunng the oenods of time d~seH~ed n Exh'bit'A of th s Agreement The Company agrees to furnish upon request to CRD the City or'the City's designees and make copies or transcriptions of such records and information as is determined necessary by CRD or the City. Th,e. Company shall submit information and status reports required ~y CRD, the City or U.S. HUD, at CRD s request, to enable CRD to evaluate said progress and to bn~blb~RD to tempiete reports required of CRD by U.S. HUD. The Gompany shall allow CRD or U.$. ,~U~3 'to monitor the-Company on site. Such site visits may be scheduled .or unscheduled as deterr~ined by CRD or U.S. HUD. 5. AUDITS AND INSPECTIONS At any time durin§ norma] business hours and as often as CRD, the City, U.S. HUD, or the Comptroller Gene~:~l;of the Ubited states may deem necessary, the Company shall make available all its records with respect to all matters covered by this Agreement. 6. DATA BECOMES CITY PROPERTY All repoAs, plans, surveys, information, documents, maps, and other data procedures purchased, ~ -. deve eped, prepared, assembled, or completed by the Company for the purpose of this Agreement shall become the property of the County without restriction, reservation, or limitation of their use and shall be 4 made available by the Company at any time uoon request by the County or CRD. Upon completion of all work contemplated unaer this Agreement copies of aH documents and records relating to this Agreement shall be surrendered m CRD if requested. In any event the Company shall keep all documents and records for three [3) years after expiration of this Agreemem. 7. INDEMNIFICATION The, reimburse, indemnify and hold the City, its agents,' employees and or the~'Eede~'al 8. INSURANCE REQUIREMENT Urflees~O'th~Wts& ~pecified~.in this Agreement, the Company shall, at its sole: expense~ maintain in full fo~be end ~ffect'At all times during the life of this Agreement insurance c~ve~:ages~ limits, including endorsement's; as described,,herein.. The requ rements conta'ined herein as to~ ~types and limits as we as :city,s ~ie~ or acceptance of insurance maintained b~ the Company are~n~ ntended to and sha no~in any manner limit or,qualify the liabilities and obligations assume(J by~ the company under the Agre~er:it ~_ (1) CQMMERCIAL GENERAL LIABILITY The C0mp~ny shall agree to maintain Commercial General Liability at a limit of liability not less than $500.~00 Each Occu~'rence. Coverage shall not contain any endorsement excluding Contractual Liab(lity or Cross Liab, itity unless granted by City's R sk Management Department. The Company ag~e~e~ ~th s~,coverage shal be prov ded on a pr mary bas~s. WHEN ARPLICABEE: Pi'ofeSs anal Liablty Insurance shall have minimum limits of $500,000 per Occ~ rrence,an~t :$500;000 Aggregate. (2) BUSINESS AUq'OMOBILE LIABILITY The Co~n~ny shall agree to maintain Business Automobile Liability at a. limit,of liability not less than $500,0(~0:,Each Occurrence for all owned, non-owned and hired automobiles.i In th~e event the Company ~oes not own any automobiles the Business Auto Liability requir~ement shall~be amended allowm~:tH~ompany to~.agree to ma nra n on y H red & Non- Owned Auto L ab Iity Th~s amended requ re,,meb;t;,mey be satisfied by way of:endorsement ~o the Commercial General~ L~abd~ty or separat~ ,B~ustness Auto~ coverage foCm.. Company agrees this coverage shall be provided on a (3) wORKER~C~)MPEt, JSATIO~I &EMPLOYER'S LIABII.:I,TY ,The C~shat 'a~?ee to maintain Workers Compensation Insurance & Employe~s Liability in accordan~;~!Wi~' Florida Statute Chapter 440. The Company agrees th~s coverage shatl~ be provided on a pr mary bas~s. (4) INSURANCE COVERING EQUIPMENT 'l'[-ie Cbmp~hy ~hal agree to maintain insurance coverages against theft loss damage and loss to persons 'or property ~n an amount not less than one hundred percent (100 %) of the rep acement cost of theequipment purchased with funds under this Agreement for a period often (10) years. The CompBny shall agree to be fulty responsible for any deductible or self- insured retention and agree to na~e ~ie City as a Loss Payee On each policy as its interest may appear tn equipment purchased with fu~Us}~unde,~ this Agreement. (5) ADDITIONAL INSURED .... The Company shall agree ~o endorse ~ne County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability, The Additional Insured endorsement shall read "City of Boyn~on Beach Commission, a Political Subdivision of the State of Florida, its Officers, Employees and Agents, cio Division of Comm~jnity Reoevelopment", The Company snail agree the Additional Insured endorsements provide cover~age on a primary basis. (6) CERTIFICATE OF NSURANCE The Company shall agree to deliver ~o the City a certificate(s) of insurance evidencing the required insurance is ~n full force and effect wth n thirty (30) calendar days prior to the execution of the Agreement. A, m n r~um ttfirty (30) day endeavor to notify due to cancellation or non-renewal of c~verage shall ~ included or~ tl~e certificate(s). (7) RIGHT TOREV~EW & ADJUST The Qo~parly.~h~l agre~tie.'City~ ,by and through ~ts Risk Management Department, ~n cooperation with ~RD, ,~s~'the~ i:~g~',,to periodically review, modify, reject or accept:any required policies of nsuranCe ~c Od hb r~~ts. ¢~veraaes or endorsements herein from time to time throughout the life of th s Aereemerlt The City,reserves the r ght but not the ob igation; ,to review and reject any insurer prov dmg. caver~ge:b:eca~3s~:,~fr ts poor f nanc a condlt on or fa ure to operate legally. 9. CONFUICT;{3F~ N~ES~ - presently exercises any functions Or responsibilities i~ personal financial interest, direct or indirect, w~ich would conflict in_ a ~nd that no person having any conflict of by ;[he Company. Any pessible~cont'lict of interest on the disclosed in writing to CRD provide]d; however, that this. such a manner so as not m unreasonably impede the statutory '~"~' be provided for employment of and participation of Iow and with CRD in the implementation of,the Citizen Participation Plan by the community of the activities the Company is undertaking in ; 11. RECO~I'~ION A Ipr,~r~; y p'urchased ,°r constructed pursuant to this Agreement .... shall be clearly ident f ed as to fun~g ~sourc.~. ~The~a;gency will include a reference to the financial support hereto prowded by CRD in al p~b~i~if, y. In ~.ddit[oni the agency will make a good faith effort to recognize CRD's support for all ~ activiti~'~i-d~U~ po~sjbte'W~th funds made available under this Agreement. 12. AGREEMENT DOCUMENTS The fd~w{i~gidocLime~{s are herein incorporated by reference and matle a part hereof, and shall consti,'t~t.e andlbe refer~e-,d, to as the Agreement; and all of said documents taken as a whole constitute the/~l,~en~ be~f~ee~ t~n~ parties hereto and are as fully a part of the Agreement as if they were set forth ~v~b'~tim ~andat!le~lth herein: (1) Th!~ A~ree~met~:inc~ding its Exhibits (2) 4'8i~F~;P~ 3!~" (3) Ci~of~!Bo~ntoh Bea, dh Purchasing Ordinance (4) Cit~/o,'¢:Bo~'ntohiBe~'s Tangible Property Disposal Ordinance (5) Cd~m~[~ni{~,,D~elod~eht Bock Grant Regulations (24 CFR Part 570) as amended (6) Th~C~p~any~l~c~r~)oratlon Certificate ~ ~,~ (7) Tl~' C~m~any~',Cer~ificates Of Insurance and Bond ng The Comaany shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its princ~pa~ office. 13, TERMINATI©N in the, event, of termination, the Company ,shall, net ,be relieved cf liab, ity to the C ty for damages sustained by the City by ~;irtue of any breach, of the~Agreernent by the Company, an~t the City may withhold any payment to the Company for set-Off p'urpbses unt ~uch t mb ~s t~e exact amount of damages due to the City from the Company is determined, A: Termir~a~ion for Cause. If t~rough ~y, cause either par[y shall fail to fulfill in timely and proper manner its pbliga~tions under this Agreel~ent,, Or if either party shall violate any,'af:'tb~- covenaa~s :~aCreernents; cr,sti~ations of this Agreement; ,eithe~ party ~hall thereupon ha~e (~ .rig~ ~0 ;~eiJm'j~e this' .~j~'e~{ '(~' suspend payments,in ;~ole or pa~ by givin~ ,w~i~ten n0ti~e 0f s~h te,mJ~9~ ~gr,~g,~p~Jon ~agments and B. :T~r~ma~temD u~ ~o Cessat on 1974 on c~ made by the Th.?C!t;~.terr:0 nafe 'tf~s Agreement at any hm~ by g~lng at least, ten (10) working.days notice in writ[r)g ~i~e Q~y te the company. If this Agreement isterminated by t~e City as provid,ed herein, the Cor~pa,'~i!~'~i~Se [~a ~ fOr ~ owa5 e sen/ces and a owab e expenses udder Par~ of trois Agreement untit,~th e ~t~e~of,~t~rfn.~rratio n. D. ~ermii~at~n for Convenience of the Company: Thei¢~p~a~ (ermida~e ttiis Agreement at any time by giving at least ten (10) working days prior written nd.t,~c~t0 C~D. E the Cc~mpany has received funds through this Agreement the Company shall r~t~r}!J:~l~,fcJl~,~4tO{r[,,,~'e Cl[;y prior to the;termination of th~s Agreement. 14. f any ~re,l~'h of~ this Ag~eement:.~s held invahd, the remainder of th~s Agreement shall not be affected thereby if'sb~h,remaihdeCwould then continue to conform to the terms and requirements of applicable law. 15. AU UEN S · h~"City may~at its'discretion, amend this Agreement to conform with. changes in Federal, State, City, or U,S HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amead~ent a,~,a part of this Agreement and shall be subject to approval of the City of Boynton Beach C0r~i'nission. !.~.~cept as otherwise provided herein, no amendment to this Agreement shall be binding on either party uriless in writing, approved by the City Commission and signed by both parties. 16. NOTICES All notices required to be given under this Agreement shatl be sufficient when delivered to CRa at ~ts office at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, and to the Company when delivered to its office at the address listed on Page One (1 17. NDEPENDENT AGENT AND EMPLOYEES The Company agrees that, in all matters relating to this Agreement, it will De acting as an independent agent and that its employees are not City of Boynton Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation an(] employee benefits. 18. NO FORFEITURE The rights of the City under this Agreement shall be cumulative and failure on the part of the City to exercise 3romptly any rights given hereunder shall not operate to forfeit or waive' any of the said rights 19. PUBLIC ENTITY CRIMES As provided in F-S 287 133 by entering into this Agreement or performing any work in furtherance hereof, [he Company certifies that it,.i~s affiliates, suppliers, subcontractors and consultants who will perform hereunder, h~ve not been plac~d on the.conv et~i vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date. hereof. This notice is required byF.S. 287. I33 (3)(a). 20. CQUNTERPARTS OFTHE AGREEMENT ~hislFA~i't~'ei~e~t;' cdr)si~!in~ of!twelve (12) enumerated pages, which include the exhibits referenced herein, a ~ ~'.!~C~ ~i ~:~.~ ~,cd~.interoarts~ each ~of Which sha be deemed to be an original, and such ~ou~trpai~ts. ~/[ll cor~stitati~ One.and the same =nstrument. 21. ENTI RE U ND. ERS~TAN DING ~ T~i~,;~g~ee~;~p~ "its ¢~fe?[~ons merge any prior Agreements, if any, between the parties hereto and con~it~t~S;~h~ ~en~i~ u~ter~anding. The parties hereby acknowledge that there have been and are no repr~Ser~tatiedS, ~a~anties, ~pvenants, or undertakings other than those expressly set forth herein. ~ WITNESS our Hand,s and' Seals on this day of, 2002. - .- ATTEST:" JANET PRAINITO; CMC CITY CLERK, CI~ OF BOYNTON BEACH. FLORIDA Political SubdMsion of the State of Flodda BY: BY: CITY CLERK MAYOR APPROVED AS TO FORM: CITY A3TORNEY BARRY FRANKEL AND ASSOCIATES. P.A., a Flodda corporation By: Witness Barry A. Frankei, President/Owner W~ness EXHIBIT "A" WORK PROGRAM NARRATIVE I. The Company agrees to: A. PURCHASE OF EQUIPMENT: Purchase optometric equipment for use in the Company's optometry retail store at 540 East Woolbright Road, Boynton Beach, Florida. Said-equipment may nclude' laboratory pretesting/dlagncetic. Screen ng and exam nation eouipment The (~ompany' sha ho d title to the equipment. NOTE 1: The Company shall assure that City of Boynton Beach, Florida funds $50,000 towards th~s~proje,ct~ ~he,,l~rojec~,:wllF,cor)s~st pf renovat~of ~the~:Company~s optome, try,r~e, ta~l-s~re and the p~[~haee '.of :op~metd,c ;e-q~ipmen~:~;The .room~any.~ s~f~.~!l-.p[0Yide~:d~cq~nt'~io~ to' ~the Cif, y tO substan~'ate, sa.,d:fu n dng. NOTE 2: Purchase of said equipment is subject to the City of Boynton Beach Purchasing Ordinance. Under the Ord nan~e the threshold do ar amount-~t or ¢ above Wh ch' the forma compe~itrve sea!edb~d process mus~beused [S$2§ 000;~The CPmp;a,n~ sba I,subr~ ~ ts, 6 ~,~acl~age and ~sp,eclficatlo~s ,to CRD ,and~obtA~n,,a letter or, approval p~l~r,,tq bidding Fo~@u;r~ha~ses.fi:om $I 0~J~ to $24 999-the ~0mpar~iy shali sub~t~ at ;leaSt th~'ee,:~ ~ i(~oi~s ,Tl~,~'~j~anyl sba obta'n ti~e pnor written approva Of the CF~D fo~'th'e award of the con~:r~cf~ t0-p~i,(~hase NOTE 3: ]'he Company, will provide ~mof that leverage claimed '~y~the, rCompaoy has been committed. The Company f~rther agrees that CRD shall be the final arbiter on the Company's compliance with the above. B. INVENTORY AND MAINTENANCE: Within seven (7) days of the City reimbursing the Company for the purchase of the equ~pmen[, the Company shall provide CRD with a list of said equipment that includes a description of the equipment; serial number or other identification'number, if applicable; source of the equipmen[; acquisition date; purchase price; ,and location of the. equipment. Additionally, the Company will make the equipment available annually for inspection and inventorying by the County and must also provide annually to CRD a repert on the condition and use of said equipment. CRD reserves the fight to inspect said equipment on. site. The Company shall maintain said equipment, at the Company's own cost and expense, in good repair and condition. The Company shall also keep the equipment insured for the full value of the equipment against theft, collision, damage, and loss to persons or property. The provisions of this clause shall survive the expiration of this Agreement, C, DISPOSITION: Equipment, and or any other tangible asse~ purchased-by City of Boynton Beach for use by the Company shall be disposed of according to City of Boynton Beach's Tangible Property Disposal Ordinance. Disposition of the equipment is subject to prior written approval of the CRD Director or designee. If for any reason the said equipment is not maintained, used for its intended purpose, or kept in a state of good condition, the Company shall repay the full value of this grant, unless otherwise specified by CRD. CRD or its designee reserves the right to 'hake the determination relating to the Company's use and maintenance of any tangible property purchased by City of Boynton Beach. D. JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of the completion of the activity funded under this Agreement, the Company shall create 3.33 jobs, on a full-time equivalent basis, where at least 5~ % of the jobs will be held by Iow- and moderate-income persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of ~ - Labor. Low- and moderate~income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. Said jobs will include, but may not be limited to, the .cbs listed in Exhibit C. The Company will register said jobs with and consider applicants referred by the Palm Beach Cou~y Work'force Bevelopment Board, A full*time job shall mean employment for a mm~mum of 2,080 hours per year and for a wage or salary equal to Or better than the minimum wage as determined by the U.S~ Department of Labor. Low- and moderate-income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions, E. SECURITY AGREEMENT: To secure the grant amount, the Company hereby covenants and agrees for a per[od of three (3) years commencing with the completion o~".the:activity to comply with the Job Creation requirements; and for a period of five (5) years to comply with the equipment use/dispOsition requirements: fffor any reason the Company fails to comply with the Job Creation or the equipment Use/disposition reqbirements, the agency shalt repay the full value of this grant, unless otherwise specifie~ ,by CRD. The provisions of this clause ~hail ,survi,Je the expiration of this Agreement. F. REPORT;S: The Company shall submit the reports listed below to CRD~ 1 ) Monthly updates during the term of this Agreement that describe the status of the activity funded under this Agreement. 2) Written verification; of job creation, satisfactory to CRD at ORD's sole discretion. Verificatio~ shall nclude jo§ t tie salary; fringe benefits, fu,,~i.i-time equivalency status, name and address of person h red, proo[said~,, person is Iow- and moderate-income, and dates of employment. Said written verification shall be provided to ORD at the completion of the activity funded under this- Agreement and annually there from for a period of three (3) years commencing with the completion of the activity. ..... 3) The Company's business tax returns for a period of three (3) years commencing with the completion of the activity. 4} The list of equipment described in Section B above. II. The City agrees to: A. Provide up to $50,000 in funding for optometric equipment, which may include laboratory, pretesting/diagnostic, screening, and examination equipmenT. B. Provide project administration and inspection to the Company to ensure compliance with U.S. HUD, the Department of Labor, and applicable State, Federal and City laws and regulations. C. Monitor the Company at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CRD, be conducted by CRD staff or its subcontractors, and will serve to ensure compliance with U.S. of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to CRD on program activities. 10 EXHIBIT "B' LETTERHEAD STATIONERY TO Octavia S, Shet'rod, Community Development Manager Division of Community Rede~elopmem City Of Boynton Beach Pos~Office~ Bo× 310 Boynton Beach. Elodda 33425-0310 FROM: [Name of Sub-granteeJ [Address] [Phon'e.~' RE: INVOICE'REIMBURSEMENT Attached, you will fin(: Invoice # , requesting reimbursement in the amount of $ The expenditures for this invoicecovers the period [datel through [date]. You will also find attached back-up original documentation' relating to the expenditures being invoiced. Approved for Submission: -- Octavia S. Sherrod. Community Development Manager 11 EXHIBIT "C" Job Title Full-Time Equivalency Status Optical Sales Representatives Full-time Oa[ometric Technician Full-time Receptionist/Clerk Full-time 12 VTI.-CONSENT AGENDA ITEM C.7. ~ October 22,2001 ~. ~ ._uu~ ._/ --i Barry A. FrankeL O.D. - .... :~ ,i~¥ ~ Barry A. Frankel & Associates, P.A. ,_. _ :. ~" iNr 540 East Woolbright Road Boynton Beach, FL 33435 ~ P~clvcd=*~ P, oad Re: Fiscal Year 2001-O1 CDBG Economic 1Development Applications- Summary of ~uaa,n.q *sm E'~aluation and Fnnding Recommendations Dear Dr. Frankel: ~ended e-aim neath ce.**~* 000 be awarded to fund your ~a~l of co~a~ pro~sed a~ivi~. ~ma~r ~men~ which we~ generated du~ the evaluation of your application are summarized below: - lf~ CDBG funds should be us~ for pu~h~ ofsignific~t equipm~t which ~- ~ ~ 'r ~a~cus cmt ~.us~ as ~II~eraL Coun~ will not ~ the sole purch~r of cqmpm~nt but Ma~ McCany m~tp~c~ a blanket li~ on all equipment p~has~ as p~of~is activi~ to ensure of a default by the applic~t, ~n ~aro~ · ~y ~c Boyntoa Beach C~. any · which w~ pr~entcd includes equipment in ~e amoum of A~ie L. Grebe mount reque~ed in CDBG funds. AI~, some ~ ineligible. (App[i~lt mus~ submit z revised CDSG b~ge~ ~lm Bead~ CounW.) . subs~.tiate the appli~t*s c~n = t five-year le~ a~ement wi~ a ~n~wal ~tlon for · 8~? Co~ m~ ~ executed, · ~ , CDBG ~e subject to an cnvironmen~ review to ti ~ms. [[n~. mitigation me.ores must ~ ~ ~e ~brecipi~nt. PI~ ~ that this is a p~limin~ r~ommendafion ~d. e~ept w~ the ~tivi~ h~ b~n es~bl~Sb~ ~ ineligibl~ is subject to ~ti~tion by the OEDP Bo~d and approval by exp~ i~ vie~s on ~e ~din~ t~ommend~tions at m~etings o[~e OEDP ~oa~ an~ ~e .~. ~,, ~,~.,~ BCC ~he~led ~ follo~: Date: Novemtmr 1. 2001 Time: 3:30 p,m. to 5:00p.m. Place: Mc Eaddy Conference Room 301 ] Time: ,) PLace: anpli~,t ~6~~h~g'*~mf~ f~cal~ff~rs: ~ always HCD smffb, ay.' ab ~ m p~ de~ ~ {~ ~i at ~y time to ~si~ you ~ your ~tu~ en~avO~; Scni~ Pl~cr at (561~233- $ nccrely, I~BC HCD HCD HCD VII.-CONSENT AGENDA ITEM C.7. RESOLUTION NO. R02- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER NTO AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BARRY A; FRANKEL & ASSOCIATES, P. A., FOR THE UTILIZATION OF COMMUNITY DEVELOPMENT BLOCK GRANT' FUNDS IN THE AMOUNT OF $50,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an Agreement with he Un ted States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City, pursuant to Title 1 of the Housing and-~:- Community Development Act of 1974 (as amended); and WHEREAS, staff recommends approval of a contract in the amount of ~50,000 with Barry A. Frankel & Associates, P.A., to use Community Development 3lock Grant Funds for the purpose of acquiring modern optometric equipment and 'aaking renovations to the interior of 540 E. Woolbright Road; and WHEREAS, this project was previously approved by consent on the agenda 3f August 7,2001, and was contingent upon the approval of the Palm Beach County 3ommission for matching funds in the amount of $50,000 from County Funds :lesignated for Economic Development; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach hereby authorizes and directs the Mayor and City Clerk to accept and execute the ;:~CA\RESO, Agreements\Grants\Frankei CDBG Grant 021202.doc agreement between the City of Boynton Beach and Barry A. Frankel & Associates, P.A., to us Community Development Block Grant Funds to acquire modern optometric equipment and to make renovations to.the interior of 540 E. Woolbright Road. Acopy of the agreementis;attached hereto as Exhibit "A." Section;2. This Resolution shall become,.effective immediately upon )assage. PASSED AND ADOPTED this daY of February, 2002. CITY OF BOYNTON BEACH, FLORI DA Mayor Vice. Mayor Commissioner Commissioner Commissioner \TTEST: City Clerk S:\CA\RESO~Agreemenm\Grants\Franket CDBG Grant 021202.doc /--'% VII.-CONSENT AGENDA ITEM E. 1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested CiE/Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office [] November20.2001 NovemberT. 2001 5:00p.m.) [] -JanuarylS. 2002 lanuary 3. 2002 (5:00 p.m.) [] December 4. 200l November 21. 2001 (5:00 p.m. ['-- February 5, 2002 January i6, 2002 5:00 p.m.) [] Decemberl8.2001 DecemberS. 2001 (5:00p.m.) [5~ Febmaryl9.2002 February6,2002 5:00p.m.) [] January2.2002 DecemberI9,200I (5:00p.m.) [] March5,2002 February20,2002(5~00p.m-) [] Administmt/ve [] Developme~x Plans NATURE OF ~ Consent Agenda [] New Business AGENDA ITEM E Public Hearing [] Legal [] Bids ['- Unfinished Business --1 Announcemem [] Presentatton --] City Manager's Report RECOMMENDATION: Please place this request on the February 19, 2002 City Commission Agenda, jamde~ - Consent Agenda. The Community Redevelopment Agency Boarc~ with a .un. animous vote, recommended that th~bjes}.. requesl be approved subject to staff comments. For further details pertaining to the request, see attached Department~}lS~! Development Memorandum No. PZ 02-024. -- EXPLANATION: PROJECT NAME: WOOSTER VARIANCE ZNCV 01-23 AGENT: leffWooster OWNER: Jeff Wooster LOCATION: Lot 39 South Road DESCRIPTION: Request for relief from the City of Boynton Beach Land Development Regulations. Chapter 2, Zoning, Section 5.C.2.a. reqmrmg a twemy-five (25) foot rear yard setback to allow a fifteen (t5) foot variance, and a ten 110) foot rear yard setbacl~ within the R4-AA single family zoning dislrict. PROGRAM IMPACT: N/A FISCAl IMPACT: N/A ALTERNATIVES:~j]?O~N/A ~ Devetopme~De~'rt~ent Director City Manager s Signature 'Planning and ~oning l~ir~tur City Attorney / Finance / Human Resources S:~Planning~ffiqAKED\WPkP RO J ECTS\Wooster Variance 01-023kAgenda Item Request Wooster 01-023.2-19-02.dot S:kBULLETIN~FORMSkAGENDA ITEM KEQUEST FORM.DOC Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: January 31, 2002 File No: ZNCV 01-023 Rear yard setback Location: Harbor Estates Lot 39, South Road Owner: Jeff Wooster Project: New single-family house. Variance Request: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2.a, requiring a twenty-five I251 foot ~- rear yard setback to allow a fifteen I1:5) foot Variance, and a ten (10) foot rear setback withi~ the R-l-AA single family zoning district. BACKGROUND The subject vacant property and nearby neighborhood is currently zoned R-l-AA, single family -.~ residential. The applicant desir, es to develop the property with a single-family home. Currently, the subject neighborhood is mostly developed (see Exhibit "A" - L0~ation Map). The following is a description of the zoning districts and land uses of properties that surround the subject property: North: South Road right-of-way and farther north single-family homes zoned R-l-AA. South: Recreation area of a multi-family residential development zoned R-3, farther south a finger canal from the Intracoastal~Waterway. East: Single-family home zoned R-l-AA. West: Vacant lot #38 zoned R-l-AA. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district4 ~ Page 2 Wooster Variance File No. ZNCV 01-023 b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested wi#not confer on the applicant any special privilege that is denied by this ordinance to O~her landsl buildings, or structures in ~he same zoning district. d. That literal interpretation of the provisions of this ordinance would depdve the applicant of nghta commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the vanance granted is the minimum variance that will make possible the reasonable use of the land, building/or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this analysis with a focus on the uniqueness of the subject property relative to other subdivisions similarly zoned, the history of variance approvals within the subject subdivision, and neighborhood impact. According to the applicant's response to the above criteria, contained in the Exhibit "B", it is the applicant's position that other property owners in the neighborhood have been allowed the privilege of reduced rear setbacks. The applicant therefore feels that he is also entitled to the same privilege~ and has therefore submitted this application in conlunction with the plans to construct a 3,600 square foot, 2-story residence (see Exhibit "C' - proposed plan). Staff's review of city records and field checking verified that several similar variances for setback reductions have been granted for properties within close proximity to the subject property. The Harbor Estates Subdivision was platted in 1947 with typical lot dimensions of 100 feet (wide) by 80 feet (deep). About four (41 lots have unique lot depths in excess of 100 feet. In contrast, other subdivisions throughout the city that ara similarly zoned have typical lot dimensions of 80 feet (wide) and 100 feet to 120 feet (deep). The shallow depths of typical lots within this subdivision, when combined with the mir~imum rear and front setbacks (totaling 50 feet), may limit design flexibili[y. it should be noted that it iS this information on which staff has found evidence of a hardship. Unite the review of previous similar variance applications, which were limited to the subject subdivision, the comparison with other similarly-zoned subdivisions has revealed the real uniqueness of the svbject p~at and therefore the potential for zoning regulations te have unequal effects within Similarly-zoned properties. With respect to consistency with the intent of the respective zoning regulations, and impacts on adjacent properties, staff acknowledges that if the standard building envelope is expan0ed closer to property lines, the impacts on adjacent properties can include reduced light, air flow, and views. The applicant proposes to extend the western portion of the building footprint to 10 feet fromthe property line, leaving the remainder to be setback approximately 25 feet. W~hile this may maximize views from the proposed home to the Intracoastal Waterway, as well as light Page 3 Wooster Variance File No. ZNOV 01-023 and airflow to the-future dwelling unit, this may reduce light and airflows, and limit views to the -- southeast from the adjacent lot #38 (see Exhibit "D")., A similar variance was also granted to the adjacent lot fl-38, however, the proposed plan for lot #38 as represented in the respective applic~tion~' was,to limit!the,extent 0~the buii~Jing that~.WOulc~ be buil{;with a re~ setback of 10 fe~t; rather than 25 feet; to a 20.foot Wide section Of.'~he ~ntral po[ti0n 0f the ~'ear Wail. The benefit of-this design is to; maintain the, standard rear setb~ack 6f those iSortions of the home:that are nearest to adjacent homes. Itshould be n. oted~ that tliere are nO d~elling Units located immediately to.the mar o~f¢iots.,#38 and ~.¢3-~9, bU~t 0~ly the parking.area and ~ool,for the Lake Worth Mariner:Village t0wnhomes. CONCLUSlONStREC. ~3M MEND~TI(~N.. Staff recommends that,th(s re41UeSt, by Mr. J~ff'W~bSter, f0r a!v~i~n~e from the City of Boynton Beach LandDeveiopment Regulatio?s, cl~apter 2, Zo'nin'g, SeCtion 5.C.2.a., as described hereinforthe:Pu~ose ofcon~ti;uctiSg ~;single-iflamily reside~.ce, be approved. This recommendation is based: upon; the fOllOwing: 1) That special, conditions .~ Shallow lot depths of the subject ed (i.e: Mission Hill, Chapel Hill and 6oll 2) the subject 3) necessar and. 4) Thai the setback J a minimum of 30 feet from the a minin line (see Exhibit "E?). Staff acknowledges that the restriction recommended within item ~4 above seems to treat unequally the home on lot ¢¢40 to the east; however, the effects of ~he variance would have less of an impact upon the c, urrent amenities enjoyed at lot #40 (i,e. sun exposure and views to the ntracoasta Waterway); toward :which this home was odglnally designed; It should be noted, that in ,response to property owner concerns about the potential over- building of lots within the subdivision; staff is considering 'surveying property owners to clarify concerns and consider COde revisions t° address same. This projectl is expected to commence during the month of Feb~ary. if the Board and Commission are not Satisfied with the application, or with the st~ff recommendation ,the Commission may cons~ider as an alternative the postponement'of this ~eview until the study is completed. Add t cna cond tons of:approval recommended by the Community Redevelopment Area Board or City Commission will I~ placed in Exhibit "E". MDN [] Locat, on Map Harbor Estates Lot 39 0 800 1600 Feet EXHIBIT Request for rear setback variance. Statement of special conditions, hardships and reasons justLfying the requested exception variance. A. The 25ff. existing rear setback would ~ose an ua, ~e ,ha~, ~ Ship onthe use 0fthe land. The home W°dd 0ely,be a~le ~o1~ ~: in d~P!~,~fom ~ it not fimctional~d ~ doWn-fflc overalI V~i~ aC Of~:~~ Wkh the setback reduced to 10ff. the. home could be built,(6.~ff; ii~i~thartd allow for better use of the .land and home ~ upthe ~roPe~v~:~¢~,~ B.The setbacks were imposed by the city: ac, d do:not result from the actions o fthe applicant. C. total lots x applicant any s building~ D. -~ same E. This va6ance of the home as well as the water views. F. The granting of the variance will be in harmony with the general intent and purpose of thi~q chapter and that such variance will not be injurious to the area involved or othenvTkse detrimemal to the public welfare. Instead, expanding the rear setback will add to the community with a larger and more Valuable home and allow for a more aesthetically pleasing front elevation. 2 8 200 EXHIBIT "C" ?- EXHIBIT "C" ~ f---:. Conditions of Approval _ Prqlect name: Wooster Variance File nu. mber: ZNCV 01-023 Reference: DEPARTMENTS ' INCLUDE REJECT PUBLIC WORKS- General Comments None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X ~ FIRE Comments: None X POLICE Comments: None X ENGINEERING DMSION Comments: None X BUILDING DIVISION Comments: None X pARKs AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: Nono X PLANNING AND ZONING Comments: 1. portions of structure placed less than 25 feet from rear setback shall X conform to side setback of 30 feet (west side) and 20 feet.(eas~ side). Conditions of Approval 2 DEPARTMENTS INCLLrDE REJECT ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. None. X . ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1 1. To be deterrmned. X S:\Planning~SHARED\WP~PROJECTS\Wooster Vadance 01-023\Condition of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH', FLORIDA PROJECT NAME: Wooster Vadance APPLICANT'S AGENT: Jeff Wooster APPLICANT'S ADDRESS: 102 NE 18TM Street Delray Beach, FL .33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMrlSStON: TYPE C)F RELIEF SOUGHT: Request for relief from zoning code requirements for building setback. LOCATION OF PROPERTY: Lot 39 South Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH S MATTER came before the C ty Comm ss on of the City of Boynton Beach Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows; OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the re ief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1 Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced ,in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\Plann[ng\SHARED\WP\PROJECTS\Wooster Variance 01-023\Develop.Order Form-2002-Revised.doc ViI.-CONSENT AGENDA CITY OF BOYNTON BEACH ITEM E,2 AGENDA ITEM REQUEST FORS_ Requested City Commission Date Final Form Must be Turned Requested CiW Cormvnssion Date Final Form Must be Turned _Meeting Dates [!! to City Clerk's Office Meetin~ Dates iq tQ City Clerk's Office [] November20.2001 November7.2001 ~5:00p.m.) [] JanuarylS. 2002 January3.2002iS:00p.m.) [] December4.2001 November21.2001 (5:00p.m.) [] Febma~ 5. 2002 Januar~16, 2002 (5:00 p.m.) [] December 18. 200l December 5. 2001 (5:00 p.m./ [] Febmmy 19, 2002 February 6, 2002 (5:00 p.m.) [] January 2, 2002 December 19. 2001 (5:00 p.m.) [] March 5. 2002 February 20, 2002 (5:00 p.m.) [] Adminislxative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] UnfmishedBnsmess [] Announcement [] Presentation [] City Manager's Reporl r~ ~-- RECOMMENDATION: Please place this request on the Febnmy 19, 2002 City Commission Agenda under; Consent Agenda. The Community Redevelopment Agency Board with a 4-2 vote, recomne~ed that the subject L~3ueSt~ _b~_' denied. For further details pertaimng to the request, see attached Deparrrnent of Developmem Memorandum No. ~ 0~. EXPLANATION: PROJECT NAME: MCMILLAN PERSONAL WATERCRAFT AGENT: Kent McM[llan OWNER: Kent McMillan LOCATION: 1105 and 1109 North Federal Highway DESCRIPTION: Request for relief from the City of Boynton Beach Laud Development Regulations. Chapter 2, Zomug, Section 11, H.16.d, to allow twelve (12) parking spaces in lieu of the twenty (20) required by code. a variance of eight (8) spaces for a retail business m a C-4 zoning district. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:~~(~N/A D eve~o~rn'en[ i~ep ar t~n~-'~ff~Direc tot City Manager's Signature Planning and Zoni~gCDirecto City Attorney J Finance / Human Resources S:XPlanning~SHARED\WPkPROJECTSkMcMillan personal Watercr aftkZNCVXAgenda Item Request McMillan 01-022, 2-19-02.dot S:~BULLET~N~ORMS~AGENDA ITEM KEQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT MEMORANDUM #PZ '02-025 Staff Report Community Redevelopment Agency Board and City Commission Meeting Date: February 12, 2002 File No: ZNCV 01-022 (parking space reduction) Location: 1105 & 1109 North Federal Highway, Boynton Beach Ow. ner: Kent McMiltan Project: McMillan Personal Watercraft. Variance Request: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11,H.16.d. (12), to allow twelve (12) parking spaces in lieu of the twenty (20) required by code, a vadance of eight (8) spaces for a retail business zoned C-4, General Commercial. -~ BACKGROUND The site is located on the west side of North Federal Highway, immediately north of Martin Luther King Boulevard (a.k.a. NE 10~ Avenue). The applicant is concurrently requesting approval of a major site plan modification for the renovations of two buildings totaling 4,066 square feet, one of which would be used for the retail sales of personal watercraft (boats), and related site improvements. (see Exhibit "B' - Site Plan). 'Fhe subject property consists of two assembled lots with a total of two buildings (one on each lot). The southern lot (lot #2 - building "A") was developed around 1958, and the northem lot [lot #3 - building "B") was developed in 1962. No current occupational licenses are active for either building. The Land Development Regu at OhS require that parking requirements belbrought up to' code when a use change is proposed that would generate the need foradditional parking spaces. As the minimum number of spaces cannot be provided on-site, relief must be o~btained to allow the project to proceed. The regu at OhS also require full site plan review when there s not compliance with any applicable site regulations. The proposed plan indicates that building "A" is 2,746 square feet, building "B" is 1,320 square feet, and that total square footage equals 4,066 square feet. Based on the parking space ratio for retail uses of one (1) parking space per 200 square feet of gross floor area, the proposed project generates the need for a minimum of 20 parking spaces. However, the applicant has space to provide only 12 spaces. Therefore, a vadance is necessary to obtain relief from the zoning regulations to reduce the parking requirements from one (1) space per 200 square feet of gross floor area to one (1) space per 339 square feet of gross floor area. The proposed reduction and variance request represents a difference of eight (8) parking spaces. The following is a description of the zoning districts and land uses of properties that surround the subject property (see Exhibit "A" - location map): North: Adult entertainment establishment zoned C-4; _~. South: Outreach Ministry Church, and a retail store selling vertical blinds zoned C-4; Page 2 McMillan Personal Watercraft File No. ZNCV 01-022 East: Federal ~ighway right-of-way and farther east a vacant commercial site zoned C~4; and West: F.E.C. Railway right-of-way and farther west a commercial use zoned C-2. ANALYSIS The code states that the zoning code vadance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning distric~ b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special prfvilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning distrfct. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of fights commonly enjoyed by other properties in the same zoning distrfct under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum vanance fha! will make possible the reasonable use of the land, building, or structure. f. That the granting of the varfance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurfous to the area involved or otherwise detrimental to the public welfare. Staff conducted this analysis with emphasis on the applicant's response to the above cdteda contained in the Exhibit ~C", and current site layout and capacity. It is the position of the applicant that the proposed improvements have been tailored to best balance site constraints and project needs. The applicant believes that the current deficiency in parking is attributed, in part, to lot configuration and limited available space. Staff acknowledges that the current situation is simply Dy virtue of the fact that the property was improved prior to modem site'and parking regulations, and therefore subsequently kept occupied or allowed to be re-occupied without application of modern regulations. The cut, rent situation is also ~tensified by the proposed change to a rata use, which increases the minimum parking requirement to one space for every 200 square feet. In contrast, the previous use licensed for the property ~ncluded an electrical contractor, which would require no more than one space per 500 square feet and possibly less if a storage use ratio (one space per 800 square feet) is applied to the appropriate portion of the building. The applicant prefers the variance that represents, in general, the most intensive use and parking scenario. A variance based on the retail parking ratio would grant the property owner the greatest flexibility in terms of leasing options. Nearly all retails uses would conform to this parking ratio except for restaurants, without parking requirements being less on the remainder of the project to provide a balance or offset the minimum restaurant ratio of one space per 100 square feet. Page 3 McMillan Personat Watercraft File No. ZNCV 01-022 The city acknowledges the challenge to successful beautification and redevelopment efforts presented by non-conforming properties, and has tended to equate site constraints from the built environment with "hardship". Using this viewpoint, or~e could construe that special condJ{ions and circumstances exist wh ch are. pec;Jli~r to the struc;(ures wh ch, S ~aused by the application Of regulationsnot in effect when the-pr0perty Was originally impr°Vech current parkl~ng regula~i0ns appl!cable~t0 ~etail~uSes:c0u d not,be satisfied 0n this site Without buildirLg demolition to ~edu~ b,uildingsquare f~otag~e~ oriby:acq~,[~:ing :~nd demoliShir~g improvemen~ on adjacent properties On whic~ ~he parking Ic~ Couid be' expandect r With respect to whether.granting o[ the subject varian,ce would confer on the applicant any special privilbgel it shouJ~ be~fe~'that'[h~e~i~:a~p~d~i:nfi!a~r~ia~_~St~i~:2OOl (M & M App! a~ce). This Previ0~s appli~i0n waSi~[tar in'~hat iti~bl~d?~he';i~te~SE,~c~ion of an existir~j'bUit~ing oca~t~.w ~hin. the-red~Vel~p~t e[ea the [ac~ of si~e capaF, ity; a~nd~the st~Ortag~ of mir~irn~; pa~irig,,~es. ~jii's] relq~i~em~nts for a retail use, to less than Oa~ space per, 390 6c~dar~ reef, Or atOtal Of 7 pa~kifl~ minimum parking ratio ( this lower parkinc~ :- would be reduce allowed in building ~he he Plan uses. ~-- Staff recommends recommendation is based on the following: 1 ) By limiting building "B" to the proposed use-boat sales-and the corresponding parking ratios of one space per 500 square feet(apPlicable to 1,320 square feet) and one space per 200 square feet (applicableto building "~!'- 2,746 square f~et), the v~dance request is reduced down to the minimum necessary to supporta reasonable use of the land Isee conditions of approval Exhibit "D"; 2) Parking relief has been granted by the city in similar cases where site constraints preclude full code compl!ance; and 3) The lack of parking relief to the site will either result in the contir~ued vacancy of the property and its blight, ed condition, or the ultimate use of the entire property by businesses that d(~ not conform to the visiOn for the corridor. MDN S:~Planning\SHARED\WP\PROJECTS\McMillan Personal Watercraff~NOV 01-022\STAFF REP-oarking var,doc Location Map McMillan Personal Watercraft 800 0 800 1600 Feet EXHIBIT "C" Zoning Code Variance Application response to question 5. A. Tiffs property is a redevelopment of existing buildings/structures. B. My actions are not a result of my proposed development, but are a result of the existing development oftbe parcel, i.e. building location within the parcel and building size. C. I acknowledge that the granting of the variances requested is a result of undo hardships imposed by the redevelopment of the subject property. D. The literal interpretation of the provisions of this chapter would subject undo hardship on the applicant to utilize the existing structures in like zomg of commercial retail uses by way of parking requirements and associated green area reqmremems. E. The redevelopmem of. this property/site plan was derived in conjunction with minimi:fing variance requests through working with the City of Boynton Beach Planning and Zoning Department. F. Granting of these variances will provide for redevelopment ora currently unoccupied property with services to benefit the general public while aiding in the initiative of a corridor redevelopmenffenhancement. EXHIBIT "D" Conditions of Approval Project name: McMillan Personal Watercraft File number: ZNCV 01-022 reference: DEPARTMENTS ~ INCLUDE REJECT PUBLIC WORKS-General ~ ' Comments: None, , PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DMSION Comments: None X PARKS AND RECREATION ~ · Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: -- 1. Relief limited to a five (5) parking space variance to be achieved X throughout the prqject with appropriate uses/parking ratios that conform Conditions of Approval DEPARTMENTS INCLUDE REJECT to approved variance. [ [ ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Camments: 1. None X ADDITIONAL CITY C(~MMISSION COt',IDITIONS Comments: 1. To be determined. X DEVELOPMENT ORDEROF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: McMillan Personal Watercraft APPLICANT'S AGENT: Kent McMillan --. APPLICANT'S ADDRESS: 1301 SW 27TM Avenue, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 12, 2002 TYPE OF RELIEF SOUGHT: Variance request for relief from zoning code requirement for number of parking spaces. LOCATION OF PROPERTY: 1105 & 1109 North Federal Highway DRAWING(S): .SEE EXHIBIt' "B" AFl'ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Developmefit Regulations, 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant~ administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S;'tPlanning\SHARED\Wf:APROJECTS'u*VlcMillan Personal Watercraft',Z. NCV~Develoo.Order Form.2002-Revised.doc V[I.-CONSENT AGENDA ITEM E.3 CITY OF BOYNTON BEACH t AGENDA ITEM REQUEST FORM Requested City Cormmssion Date Final Form Must be Turned Requested City Commission Date Final Form Must be Tumed .M_¢etm g Dates in to City Clerk's Office Meetin~ Dates in to City Clerk's Office [] November20.200I November7.2001 (5:00p.m.) [] Janua~yl5.2002 lanuary 3, 2002 (5:00 p.m.) [] December 4. 2001 November 21. 2001 ,(5:00 p.m. [-~ February 5. 2002 January 16, 2002 (5:00 p.m.) [] DecembertS. 2001 December5,200] (5:00p.m) [] February l9, 2002 Febmary6,2002(5:00p.rm~ [] January2,2002 December l9, 2001 /5:00p.m.) '-~ March5.2002 February 20, 2002 (5:00 p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Bnsmess [] amnotmcement [] Presemation [] City Manager's Report r~ RECOMMENDATION: Please place this request on the February 19, 2002 City Commission Agenda u~,~ er ' - Consent Agenda. The commumty Redevelopment Agency Board, as reflected by the recommendation to deny th~!at~ variance request, opposes the requests yet forwards this item to the Corntmss~en with numerous recommended the event that the Comrmssion approves both variance and major site plan modification requests. For further details. pertaining to the reques[~ see attached Department of Development Memorandum No. PZ 02-028. EXPLANATION: PROJECT NAME: MCMILLAN PERSONAL WATERCRAFT/MSPM 01-003 AGENT: Kent McMillan OWNER: Kent McMillan LOCATION: 1105 and 1109 North Federal Highway DESCRIPTION: Request for Major Site Plan Modification to include renovations o£two buildings totaling 4.066 square feet and to be used for retail commercial use, and related parking lot and landscaping maprovemenrs on a 0.257-acre parcel. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DevXe~l~p~[nt 'lSe~artrfem Director t ' ' City Manager's Signature Planning and Zoning~D~ecto City Attomey/ Finance Human Resources s 5Planning~SHARED\WP~PRO JECTS~vl cMillan Personal Watercr a ftWi SPMXAgenda Item Request McMillan MSPM 2:lg-02~dot S :XB ULLETI/q~o RM S~AGENDA ITEM REQUEST FORM.DOC SITE PLAN REVIEW STAFF REPORT COMMUNITY REDEVELOPMENT AGENCY~BOARD AND CITY COMMISSION -- January 31, 2001 DESCRIPTION OF PROJECT Project Name/No.: McMillan Personal Watercraff,/MSPM 01-003 Property Owner: Kent McMillan ApplicantJAgent: Kent McMillan Loceti'on: Addr, ess: 1~105 & 110.9 NoAh. Federal Highv, ey, Boynton Beach. The subject project, is located on the ~est sid~ Of N~rth Federal H ghway, north of Martih L;jthe~ King Boulevard (a.k.a. NE 10~ Avenue). Land Use/Zoning: GC General Commemial / C-4 (General Commercial District) Type of Use: Retail ~ Project size: Site Area: 0.257 acres (11,206.5 square ~eet) Building Area: Existing building "A": 2,746 square feet Existing building "B": 1,320 square feet Total building area: 4,066 square feet Adjacent Uses: (see Exhibit "A" - Location Map) North Adult Entertainment establishment z~ned C-4; South Outreach Ministry Church, and a vertical blinds store zoned C-4; East - Federal Highway right-of-way and farther east a vacant commercial use zoned C-4; and West F.E.C. Railway right-of-way and farther west a commercial use zoned C-2. Site Characteristics: The site is composed of two (2) rectangular-shaped lots. At present, the site is developed with two (2), fiat-roof, one-story (1) buildings occupying both lots. The site is currently accessed from two (2) driveways along U.S. Highway 1. The entrance drives and parking lot are paved. There is an eight- (8) foot high wall in place along the rear (southwest) property line, and a five- (5) foot high wall along the westem property line. Proposal: This proposal will be completed in two phases and consists of the renovation of two (2), one (1)-story vacant commercial buildings, totaling 4,066 square-feet and located on two (2) lots totaling 0.257-acre (see Exhibit "B"). As part of phase I, the wall along the western property line will be raised to eight (8) feet buffering the Subject propertyfrom the F.E.C. Railway. A new eight (8) foot CBS wall is proposed along the northwest property line extending twenty- seven (27) feet eastward and ~twenty (20) feet south, and closed by a new six (6) foot gate. The first phase a so nc udes a I s te mpr0vements and facade mprovements to bud ng "B" located in the westerly portion of the lot; the second phase consists of renovating build~'~ "A", fronting U.S. 1. The proposed building height is sixteen feet nine inches (16'-9"), wh, is below the 45-foot maximum height allowed in the C-4 zoning district. Page 2 McMillan- Major Site Plan Modifcation Staff Reoor~ Memorandum No. PZ 02-028 It-should be noted that although the proposed'use may not totally conform to the intent of the Corridor Redevelopment Plan to exclude "vehicle-oriented and non-neighborhood serving uses", the use supports water-dependant/related uses for which the city should expect to be in demand given the close proximity to the marina, IntercostalWaterway, and Boynton Inlet. Concurrency: a. Traffic - A traffic statement for this project was submitted and forwarded to the Palm Beach County Traffic Division for their review and approval. The Palm Beach County Traffic Division determined the project met the Traffic Performance Standards of Palm Beach County. b. Drainage- This project is not subject tc the City's concurrency ordinance regarding drainage (Chapter 1.5, Article VI, Section 10.B.). Conceptual drainage information was submitted for the City's review and the Eegineedng Division has no additional comments. However, exemption of a development order or permit from the concurrency requirement shall not relieve the obligation of the applicant in obtaining the necessary permits / approvals, from all applicable reviewing agencies su~ch as the Lake Worth Drainage District and South Florida Water Management District.. Driveways: On-site traffic circulation will maintain its original configuration with two (2) existing driveways along U.S. 1. The firSt driveway, consisting of two-way aisles, is ~'wenty-four (24) feet wide, and is located twenty-nine,feet five inches (29'-5"1 south of the northeast corner of the property. The second driveway is tweive (12)feet wide and located twenty-four feet five inches (24'-5") north of the southeast corner of the property, and would allow only egress movement. Parking Facility:, The Land Development Regulations require a minimum of one parking space per 500 square feet for a boat sales use~ However, the applicant is requesting approval for a parking space variance in order to obtain approval for retail uses within the two buildings. However, most retail uses require a minimum of one space per 200 square feet of building area which would require a total of twenty (20) spaces. The total number of parking spaces proposed equals twelve (12), 90° spaces, of which one (1) space is designated for handicap use. The single parking aisle is proposed to conform to the minimum 24 feet back-up distance as only required in the Community Redevelopment Area. However, the parking facility would remain with a single entrance and two (2) exits. Vehicles will have limited turning movement options, which could be further limitefl during the presence of delivery vehicles. Depending upon the size of delivery vehicles, delivery vehicles may be required to back out of the site onto Federal Highway/US-I, or far enough into the northern driveway to allow forward movement out of the southern driveway. Staff therefore recommends that the operator arrange for deliveries, using over-sized trucks, to occur during off-hours of the respective businesses. Although the site contains a dead-end drive aisle, the aisle should be short enough, and visible from the entrance tc allow for determination of availability before entering the aisle and passing the second aisle leading to the egress driwway. It should be reiterated that this project will require a zoning code variance from Chapter~2, Section 11 .H. in order to allow twelve (12) parking spaces rather than the minimum twenty (20) parking spaces required by Code. The subject site plan could not be approved without the granting of the parking space variance. Any conditions of the variance approval should Page 3 McMi[[ano Major Site plan Modifcation Staff Reoort Memorandum No, PZ 02-028 be considered part of the approval of this major site plan modification. -~- Landscaping: Presently, the entire portion of the front lot contains existing asphalt. The landscape plan propOSes, to remOVe:the iasphalt and .replace 't With approl~iat~ !g~ndcover/~sod :in 'all areas of the site ex~!uding' t~e ddve' aisle and Parking: areas, ~h~-landscaping Of.the site: fully meets the :minimum landscape :requirements as set fo~ ih the ~a~(t Development Regulations, Chap':er 7.5 A~idle II. ii. ~hould,be: noted that I~nds~apirjg Within the fr,or~t. buffer s limited by the city's, as well as DOT'S regulations .aPplicable td.the clear .~ite triangle. Bu Iding and Site: B~ilding and site regulat ons Wilt be .ful[y .met whe~n staff, commen~s are incorporat6d into the permit dra,A~ngs: Community Desigr ~1 Watercraft Buildin P to th~ are in c COITler no Signage: The applicant has not submittad any signage for this ,project. An existing, non-conformia, g,, pole sign remaihs On ~e pr~mis~s tl~at m,aY b? used if0'r;t ~he project if the sign structur~ ~ not a :temd. Further, based :on {he front cJi~e~n of building "A" (4~ feet); thee maxim~ building signage could not:eXceed 66 S~uare feetj RECOMMENDATION: In conjunction with this site plan modification, the applicant has submitted a variance request for the number~of parking spaces required for the site. The proposed site plan is deficient in parking by eight (8) spaces. Staff has re. commended denial of the variance request and alternatively recommends a variance for 3 spaces be approved which staff finds to be the minimum necessaryto make reasonable use of the la~d. The proposed site plan represents the proposal to renovate a vacated commercial structure. Staff acknowledges that the proposed project has been tailored to best balance site constraints and project needs with the m~st Federal Highway corridor. Staff', therefore, recommends approval of the proposed site plan. If the Board decides to approve the site plan, the approval should be subject to the comments included in Exhibit "C" - Conditions of Approval, including obtaining rfflief from the parking variance and/or subject to modifications! to address the characteristics of the variance approval. 'Fne Technical Review Committee (TRC) recommends tb.~at the deficiencies identified in Exhibit "C" be corrected on the set of plans submitted for building permit. xc: Central File \~CH\MAIN~SHRDATA~Ianning\SHARED\W:~PROJECTS\McMillan Personal Watercratt\MSPM\Staf report MSPM 01-003.doc Location Map McMillan personal Watercraft 800 0 800 1600 Feet w ~ $ EXHIBIT "B~' EXHIBIT "B" EXHIElIT "Et" EXHIBIT "B"' EXHIBIT "C" Conditions of Approval Project name: McMillan Personal Watercraft File number: MSPM 01-003 Reference: 2na review revised plans identified w/th a Plannmg& Zoning date stamp ~ tarking of January 22, 2002. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: 1. Proof of an FDOT permit will be required for the changes to the X driveways (due at the time of City of Boynton Beach building permit submittal). 2. Provide an engineer's certification, at time of permitting, as specified in ~ X the LDR Chapter 4, Section 7.F.2. BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTEtUENVIRONMENTALIST Comments: None X Conditions of Approval DEPARTMENTS INCLUDE REJECT PLANNING AND zONING Comments: 3. Site plan does not meet parking requirements. Revise site plan X accordingly or request and obtain a variance for ~he requ!red parking spaces. ~i~e plan~pproyal is crmtingent upOn the ~pproval of the parking space variance. 4. Any qoriditions of,the variance approval should also be considered as part X of theiappr0val of this major site plan modificgfion. 5. Deliveries using over,sized ~,ehiqles should be arranged to occur during X off-hours to minimize circutatior! conflicts/cohgestion. . 6. Any outdoor display of merchandise shall be in conformance with X '~- L.D.P~ Chapter 2, Zoning, Section 6.D. 6. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS: Comments: 7. Foundation or intemal landscaping to be added where possible. X Particularly on the north and south sides of the entrance to building 8. Drive aisle shall be reduced to 24 feet wide to create space for needed ' X landscaping along north side of building "A". 9. Add landscaping ~o triangular-shaped area between parking space at X southeast comer of site and building "A". 1_0. Shift northernmost driveway north to align with drive aisle. X 11. Change wall paint color to lighter shade than proposed. X 12. Any outdoor display or storage of merchand'.me to be sold, returned and/or repaired shall be prohibited. X ADDITIONAL CITY COMMISSION CONDITIONS Cnmments: 1. To be determ/ned. X S:\Planning\SHARED\WP\PROJECTS\McMiIla~ Personal Watercraft\MSPM\Cond fion of Approval 2 page revised 2002 form.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: McMillan Personal Watercraft APPLICANT'S AGENT: Kent McMilla~ APPLICANT'S ADDRESS: 1301 SW 27"~ Avenue, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 19, 2002 TYPE OF RELIEF SOUGHT: Major Site Plan Modification LOCATION OF PROPERTY: 1105 & 1109 North Federal Highway D PAWING(S): SEE EXHIBIT "B" A-i-~ACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Ftodda appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings anG recommendation of the Planning and DeVelopment Board, which Board found as follows: OR THiS MATTER came on to be heard before the City Commission of the City of Boyntbn Beach, Flodda on the date of headng stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sougt~t was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby GRANTED subject to the conditions referencedln paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon ~ssuanca by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk S:\PIanning\SHARED\WFSPROJECTS~blcMillan Personal Watercraft',MSPM\Develop,Order Form-2002-Revised.doc VII.-CONSENT AGENDA ITEM F. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested Cit~ Coramiss~on Date Final Form Must be Turned Requested City Cormn~ss~on Date Final Form Must be Tumed Meetm~ Dates in to Cit~ Clerk's Office Meefin~ Dates in to City Clerk's Office [] November20 2001 Novernber7.2001 5:00p.m.) [] JanuarylS. 2002 Januar~ 3, 2002 (5:00 a.rn. [] December 4, 2001 November 21, 2001 (5:00 p.m.) [] February 5, 2002 Janua~ 16, 2002 [5:00 p.m.) [] Decemb~rlS. 2001 DecemberS. 2001 (5:00p.rm~ [] February l9, 2002 February6,2002(5:00p.m.) [] January2,2002 December l9. 2001 (5:00p.m.) [] MarchS. 2002 Febmary20,2002(5:00p.m.) [] Administrative [] Development Ptans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business ~ . 5.~ [] Announcement [] Presentation -v~ ~:~< [] City Manager's Report c:~ _w -- RECOMMENDATION: Motion to accept the written report to Commission of purchases over $10,000 for the ii~m~ th Of (c ~' January 2002 for informational purposes, r~o -~ ~- EXPLANATION: Per Ordinance, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, ~fich~ ~'~a~s: "Further, the City Manager, or in the City Mahager's absence, the Acting City Manager is authorize to execute a pd~g~i~se order on behalf of the city for such purchases under the $25,000 bid threshold for personal property, commodities,Z~,nd services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second ComnUssiun meeting of each month listing the purchase orders approved by the City Manager. or Acting City Manager". PROGRAM IMPACT: The Ordinance has assisted departments in timely procurement of commodities, services, and personal property. Adm/mstrative controls are in place with the development of a special processing form titled "Request for Purchases Over $10,000" and each purchase request is reviewed and approved by the Departmant D/rector, Purchasing Agent, Assistant City Manager, and City Manager. FISCAL IMPACT: Ordinance approved by Commission provides the impagt of reducing paperwork by streamlining processes within the organization as de£med in our City's S~raregic Business Focus This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing fo$ approval, and allow for more timely purchases to be made. ALTERNATIVES: The report is a requirement of the City Code. ~) /'h -- Deputy D/rector of Financial Services City Manager's Signature Procur mem Services : ]~ Department Name City Attorney Finance / Human Resources SSBULLETIN~FORMSXAGENDA ITEM REQUEST FORM.DOC CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $'10,000 ~-~ FOR MONTH ENDED JANUARY 2002 1. Vendor: $ & F Contruction, Inc. ., Pu[cl~ase Amount: $. 13.938.35 Requesting Department: Engineering Department Contact Person: 'Bill DeBecl~ Brief Descriptio~ of Purchase: Parks Divisiod ~u~sted a 16'x20' pavilion at Forest Hill Park. S&F Construction' will serve as the general contractor and be used for site,prep and installation based on School Board Bid#99C-128P. and RCP Sheltars will provide the pavilion based Od ~,~i5~ C0n~rabi: ~1551953-2. - Source for PurChase: School Board Bid~99c-128 Fund Source: 001-5000-59Q-02-74 SNAPS #1551953-2 302-4222-580-64-04 2. Vendor: Thomas~B. Cushing D~emolition Purchase Amount: $ 11,700.00 Requesting Department: Ehgineering Department contact Person: Bill DeBeck Brief Description of Purchase: Demolition and removal of a one-story CBS building known as Morey's Bar, To include removal of asphalt parking lot, building, concrete wall, driveway~a0d fence. Freon to be evacuated from ~/C unit~ prior to demolition. Source for Purchase: Palm Beach County Fund Source: 105-3254-513-31-90: Contract #R-2001-1911 Boat Ctub - Contractad Svcs 3. Vendor: Medtronic Physio-Control Purchase Amount: $ 24.223.45 Requesting Department: Fire Contact Person: Jim Ness ~_~ Brief Description of Purchase: Purchase ora new LifePak 12 cardiac monitor/defibrillator. This is an approved capital line item within the Fire Department budget for FY2001/2002 allocated at $25,000. Source:for Purchase: Sole Source Fund Source: 001-2210-522-64-23 Fire 4. Vendor: Laser Technology Inc. Purchase Amount: $ 14;410.00 Requesting Department: Police Contact Person: Marshall Gage Brief Description of Purchase: Purchase of four (4) laser measuring devices to be used for speed control. Federallly funded through the Local Law Enforcement Block Grant. Source for Purchase: Sole Source Fund Sour'ce: 105-3270-513-64-02 LLEBG Grant- Vendor: Novell Purchase Amount: $ 17,387.30 Requesting Department: I.T.S. Contact Person: Peter Wallace Brief Description of Purchase: Required maintenance for product licenses and master software. This is a recurring/annual cost. The I.T.S. Department will not renew this maintenance contract next year, and if necessary pay for time and materials. Budgeted in FY2001/2002 for $15,500 balance will come from savings within account, or a budget transfer. Source for Purchase: Sole Source Fund Source: 001-1510-513-46-91 ITS - Software Maintenance I of 2 6. Vendor: Fluke Networks Purchase Amount: $ 14,410.00 Requesting Department: .T.S. Contact Person: Peter Wallace Brief Description of Purchase: Purchase of OptiView Pro which is a network analyzer that will orovide a baseline of our network's performance, provide a robust diagnostic tool for troubleshooting traffice issues, and enable the department to proactively tune the network's performance. Budgeted item for FY2001/2002 at $15,000. Source for Purchase: SNAPS II #2502415 Fund Source: 001-1510-5'13-64-15 ITS - Computer Equipment The purchases presented in this written report were approved in accordance with the provisions of Ordinance 2.56. and are now being presented to Commission as reouired. City Manager Approval: Date: Presented To Commission for information on February 19. 2002. 2 of 2 XI. - NEW BUSINESS ITEM A. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORNI Requested City Commisst on Date Final Form Must be Turned Requested City Conmussion Date Final Form Must be Turned Meetin~ Dates in to Citw Clerkqs Office Meeung Dates in to City Clerk's Office [] November 20. 200I November ?, 2001 5:00p.m.) [] JanuarylS. 2002 January3,2002 5:00p.rr~) ~ December4.2001 November 21. 2001 15:00p.m.) [] FebmaryS. 2002 January l6, 2002 (5:00 p.m. [] December l8. 2001 December5,2001 (5:00p.m.~ [] Februar3 19.2002 Febmar3 6,2002(5:00p.m. [] January2.2002 Decemberi9,200I (5:00p.m. [] MarchS. 2002 February20,2002 5:00p.m.) [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New BusLness AGENDA ITEM [] Pubhc Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] PresentaUon ~- [] City Manager's Report : RECOMMENDATION: Review request by member of City Commission for adjustment m the mount of the City comrmssion's expense allowance. Any adjustment, as approved should be approved by Resoluhon because a budget amendment would be required. EXPLANATION: At the City Commission meeting of February 5.2002. the City comrmssiun placed discuss/on of an adjustment of the City Commission expeme allowance on the agenda for the Febmary 19th meeting. In researching the history of the expense allowance, staffwas able to determine that the last time the expense allowance was adjusted was in Fiscal 1991-92 as follows: MAYOR FROM $390 TO $450 VICE MAYOR FROM $350 TO $390 COMMISSION =ROM $300 TO $375 PROGRAM IMPACT: None. re-allocation of funds should be reviewed so as to not impact on-going programs unless the City Counmss~on wishes to authorize changes in the program(s). FISCAL IMPACT: Funding [or an adjustment of the expense allowance was nor included in the current fiscal badger. Therefore. approval of an appropriation from reserves or other re-allocanon from other expenditure items would need to be approved by the City Comnnssion. Until a specific proposal is developed as to the anticipated change in the expense allowance, it is difficult to identify a specific revenue source other than an appropriation from reserves. ALTERNATIVES: Consider adjustments as pan of the 2002-03 Bu~~~ Departraent Head's Signature City Manager's Signature Department Name City Attorney / Finance / Human Resources S:\BULLETIN~FOILMS AGENDA ITEM REQUEST FORM.DOC XI. - NEW BUSI'NESS I'TEM B. CITY OF BOYNTON BEACH ..... AGENDA ITEM REQUEST FORM Requested City Coramission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meefin~ Dates in to Gity Clerk's Office Meetin~ Dates in to City Clerk's Office [] November 2C. 2001 November7.2001 5:00p.m.) [] JanuarylS, 2002 January3,2002 5:00p.m.i [] December 4. 200l November ~21, 2001 (5:00 p.m~) [] February 5, 2002 January i6, 2002. (5:00 p.m. _.~ December 18. 2001 December 5. 2001 rS:0( p.m. [] February 19. 2002 February 6, 2002 (5:00 p-m.~ [] January2,2002 Decemberlg. 2001 5:00p~m.) [] MarchS. 2002 February20.2002 5:00p.m,~ [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business [] Announcement [] Presentanon ~ [] City Manager's Report : RECOMMENDATION: Review possible revisions in City Commission Reinvestment Program as to activity eligibility. Tire financial scope of the program has already been changed by a budget reduction from $125.000 to 562.500 per the approved 2001-02 Budget. Any changes in project eligibility should be approved by Resolution, EXPLANATION: Program was originally approved per Resolutiun R01-5 on January 16, 2001 based on the criteria established at that time. One amendment to the ehgibihty reqmrements was approved as Resolution R01-232 on August 7. 2001. rD_at change dealt with the addition of a scholarship program. A copy of the current policy with 2001-02 funding levels sho~vn is attached for reference, PROGRAM IMPACT: Not determined at this t/me depending on what changes in fimding uses are proposed. Care needs to be taken to assure that the use of public funds does not result in private benefit or gain FISCAL 131PACT: Funds have been budgeted at the $62,500 level. ALTERNATIVES: Make no changes to the existing policy attached hererlo. Department Head's Signature ~i~y Manager's Signature Departmem Name City Attorney / Finance / Human Resources S:kBULLETINkFORMS~a, GENDA ITEM REQUEST FORM.DOC Guidelines for Distribution of Community Investment Funds (Revisions for 2002~ ~oduction: includ, ed in the City of Boynton Beach Budget for Fiscal 000~0i Program ye~ is.$i25i00~) in cO inveStr~i~t Funds. T~he ~nds are available to each of the five.members,. 0f t~he City commission ~in the amount of $25,000 to sup?rt communi~ P~oj6Cts and ~ictivities. This report will mggest basic gUic~elines~ f°r the distribution and use Of these public funds for commumty proj¢ct~s or acti¢fies. ~.E~S;ga!:2001-02.the program was re-authorizedbUtat, a le~er fund/rg'ieve~ 4]5'$62,500. · Program Eligibility Period: October 1 , .... '"~" 2001 to September 30, 2002. · Amount available to each member of theCity' Commission:' · .... . .,.~,~,~ $12,500 broken into two eligibility periods: a.October 1. 2000 to February 28, 2001 - maximum of $1~,~ $6,500 b. March 1, 2000 to September 30, 2001 maximum of $1~,~,~ $6,500 plus any carry-over from prior six month period. · Eligible projects may consist of assistance to local community organizations for physical improvements to public property or public rights of way such as parks, medians or other City-owned property. The assistance may be in outright grants to support improve~ments to public property or on a cost:sharing basis with local organizatlons. Before funding, the proposed improvements must receive necessary permits, staff review for compatibility with design plans or capital construction plans and must be approved by the City Commission by motion on the Consent Agenda. Eligible projects shall also include contributions to scholarship programs which are City administered and operated, and open only to students who reside within the City limits of the City of Boynton Beach. ~-~ · Ineligible projects include direct financial support or gifts to individuals, businesses, or associations including funding of any operational activities, with the exception of contribunons to scholarship programs as outlined above. Funds may not be used to support or otherwise subsidize the operational expenses of Cit7 Departments. KB: 11/10/00, 11/21/00, 11/23/00, 7/24/01,2/11/02 F RESOLU"I~ON NO. RESOLUTION OF THE CITY COMMISSION OF THE CITY' OF ,~BO¥~TON, .~BF_.ACN~, FLO ,~...DA,- APPRQ ~V]NG OF COMMUN~ I~MENT :'FUNDS~: A~D PR~DiNG AN EFF~ DA~.' - WHERE/~, there was included in the City of B0Ynto~ Beach Budget fOr ' r :~zg0o~01 the sum of $1_~_5j000 in COmmunlty.zrr~stmen~s Funds; for Commission in:. suppert'.of communi~Y--p¢~jects and. activities; md WHEP. EA~, the City Commission approved and adopted Guidelines for ]ution of. these Community :Investment Funds; and WI~EREA~r the City Commission of-the City of Boynton Beach now desires t~ Distribution of Community Znvestme~ts Funds to induc~ mens the Guidelines fer ip Prdgrams~ as an eligible : and NOW, THEREFORE, BE' IT RESOLVED BY THE CIT~T COMMISSION' OF ;~1~:O Bi ~ITON Bi[AC'I, FLORIDA, THAT~. J rat~ified and confirmed by the City Commission Seddon 2. That the City commission of the City of Boynton Beach does the Amended Guidelines for Distribution of Community Tnvestment to include contributions to scholarship programs as an eligible project, said ]mended Guidelines being.attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon PASSED AND ADOPTED this '7 day of/tuguSt, 2001, , FLO~DA ../- .... Amended Guidelin'es for Distribution of Community Investment Funds · . Introduction: tnclud¢~.in the City of Boynton Beach. Budget for Fiscal 200040t ~mgr~n ybar )iS $ ~75,000 in com!nunity'Invest/men~ Funds. The ~ftm, dsi~ ~v~Ub..le:f{y e~ch~)£ thc, fi~ ~ers of:the City C'~bmmissien.in th~: a~Otmt pf?~25i.~130, t0. rapport. ~o~ty .lxoj'ects and ~ ac~vi~es. Tb/s rePdrt will' ~/ggest ha~.~c ~e~¢s..for::.the .distribution and USe of. these · 1, 200t · Amotm~.avaitabte~ ~,~eacli.member of the City Commission: $25,000 brokeiS'into.t~¢6 eligibili~!peri0'ds: a. --October 1; 2000~to February 28, 2001 - maximum ~f'$12,500 b..mr;M, 2000 30, 2001 - of $12,500 plus any carry~o~cer ~0mprior s/x month period. ~'~ 'The purpose of the two eligibility pe!-iods is ro as~.iu~e ftmding .... opporttmities to outgoing and incoming membersIf the City Commission based on the.March 2001 election. · Eligible' projects may consist of assistance to local community organizations for physical irapmvements to public property or public rights of way such as parks, medians or other City-owned p 'operty. The assistance may .be in outright grants to support improveme 2ts to public property or on a cost-sharing basis with local organizations. Before funding, the .proposed improvements must receive neces~ ary perrrdts, staff review for compatibility wi!lx design plans or capital-construction plans and must be approved by ~he City CommisSion by. n a)tion on the Consent Agenda. Eli~ble pro}ects shall also include cortributions to scholarship programq which are City adm~stered a~d'.operated, and' open only to students who reside within the CiW 1/m/ts of the. City of Boynton Beach. · Ineligible projects include direct financial support or gi/ts tq individuals, businesses, or associations including funding of .~an.Y[ operational activities, With the exception Of contributions to scholm-shiplprograms as i e Fm~ds may not be used so support '.or otherwise ~ ~.datt/me~ ~bove. ._-~ ~,~,enses of City Departments- ' .gubsidize tlxe operaum~o~ ~,~r .... "~ ' ~.~... tlfl0/00~ 11/2~'/00; 1.1/23/00' i~e.v.07/24'/0"t- XII, - LEGAL ITEM A.1 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Tamed Requested City Commission Date Final Form Must be Turned Meefir.~' Dates in to City Clerk's Office Meetina Dates in to City Clerk's Office ~ November 20. 2001 November 7, 2001 (5:00 p.rnA [] January 15, 2002 January 3, 2002 (5:00 p.m.) [] December4.2001 November21.2001 (5:00p.m.) [] FebraaryS. 2002 lanuary l6, 2002 (5:00 p.m. [] Deccmbert8.2001 December5,2001 (5:00p.m.) [] Febmaryl9.2002 Febmary 6, 2002 (5:00 p.m.) [] January2.2002 December l9, 2001 (5:00p.m.) [] MarchS, 2002 February 20, 2002 (5:00 p.m.) [] Admlnistrative [] Development Plans ~ NATURE OF [] Consent Agenda [] New Business t-.> AGENDA ITEM [] Public Hearing [] Legal ,va _ ~. [] Bids [] Unl'mished Business [] Announcement [] Presentation ..~ [] City Manager's Report RECOMMENDATION: Please place this request on the February 19, 2002 City CommSssinn Agenda under Legal. Ordinances - Second Reading. The City Conm,;ssion unanimously approved this request under "Public Hearing" on January 15, 2002, and under First Reading on February 5, 2002. For further details pertaining to the request, see Deparunenr of Development Memorandum No. PZ 01-238. EXPLANATION: PROJECT NAME: DAKOTA LOFTS (LUAR 01-006) AGENT: H.P. Tompkins OWNER: Chart's Enterprises LOCATION: 3010 S. Federal Highway DESCRIPTION: Request to rcctnssify the subject property from Local Retail Commercial and Low Density Residemial to High Density Residenfial~ The site plan (NWSP 01-010) will be referenced as the master plan for the PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature ~" Planning~f~d Zoning Director ./] ' .' City Attor~ / Finance / Human Resources S:~BULLETYN~ORMSkAGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- OO(o AN OROIN a, CE OF THEferrY:oF BOYNTON BE^C , FLORIDA, REGAi~-DING'pRO~ERTY'.EO~ATED AT 3010 SOUTH FEDERAL HIGHWAY; AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE PROPER DESCRIBED USE F, ROM LOCAL RETAIL AND LOW DENSITY WHEREAS~-.the City Commission of the City of Boynton Beach. Florida has adopted a Comprehensive Future Land Use Plan and as pan of said Plan a Future Land Use Element by OrdinanCe No. 89-38 in accordance with the Local Government Comprehensiv~ Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the ~est interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be desxgnated as High Density Residnetial Said land is more particularly described as follows: See Attached Exhibit "A" Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or pans of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective 31 days after adoption, unless challenged. If challenged, it becomes effective upon the issuance of a final order finding it in compliance. FIRST READING this o~ day of ~[~rt~.r,~ ,2002. SECOND, FINAL READING and PASSAGE this __ day of ,2002. CITY OF'BOYNTON BEACH, FLORDA Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: City Clerk (Corporate Seal) F~LOW~' 8E~ A~ A ~ ~ A ~ PARALL~ ~0 A~ ~ r~T SOUT~Y (~A~ AT ~T A~S~ROM ~ ~ L~ · V/AY PAR~L $ (NOT LOT ~ LOT ~ EXHIBIT "A" XTZ. - LEGAL CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested CiW Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meetin~ Dates ~n to City Clerk's Office [] November20,2001 November7,2001 ]5:00p.m.) [] January t5, 2002 January 3, 2002 (5:00 p.m. [] December4.2001 November21.2001 (5:00p.n~) [] FebruaryS, 2002 Januaryl6,2002(5:00p.m.) [] DecemnberlS. 2001 DecemberS, 2001 (5:00p.m.) [] Februarylg, 2002 Febraary6,2OO2(5:OOp.m.) [] Sanuary 2, 2002 Decemberlg. 2001 (5:00p.m.) [] MarchS. 2002 Febmary 20, 2002 (5 00 p.m. [] Administrative [] Development Plans NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfmished Business [] Announcement [] Presantahon [] City Manager's Report ~ ~ RECOMMENDATION: Please place this request on *.he February 19, 2002 C~ty Comrmss~on Agandao~nder Legal, Ordinances - Second Reading. The City Conmlission unanimously approved this request under "Public H_earing? ~ lunuary 15, 2002, and under First Reading on February 5, 2002. For further details pertaining to the request, see~ep~t of Development Memorandum No. PZ 01~238. _-- -~ ; :~: EXPLANATION: :-c PROJECT NAME: DAKOTA LOFTS (LUAR 01-006) AGENT: lt. P. Tompkins OWNER: Chan's Enterprises LOCATION: 3010 g. Federal Highway DESCRIPTION: Request to rezone fi.om C-3 Community Commercial and R-1-AA Single-family Residential to Plmmed Unit Development (PUD). The aFplicant proposes to develop the property with nineteen (19) three-story town homes and related site improvements. The site plan (NWSP 01-010'~ will be referanced as the master plan for th~ PUD. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A City Manager's Signature ~ ~ Planning a~Zoning Director- City At, a/ney ! Finance / Human Resources s :~B ULLETIN~O RMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- OO-/ ~ AN ORDINANCE OF TM CITY OF. BOYNTON BEACH, FLO~.. REGARDiNG THE APPLICATION FOR REZONING BY DAKOTA _~ LOFTS; AMENDING ORDINANCE 91-70 OF SAID%CITY BY ~Z~qlN~ ~ 'TRACT OF ' ~MORE pART~OLXRL~/qSEsCRIBED · m REIN, c-3 COmaUN TY COMMERCL~L AND R- 1-AA SINGLE-FAMILY RE~DENTIAI~ TO: P~EANNED UNIT D V LOP M , ? pRO (D O FOR EFFEOT,!Yv'E DATE. ~WItEREAS, the City Commission of the, City. of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WltEREAS, H.P. Tompkins, as agent Chan's Enterprises, owner of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of regoning a certain tract of land consisting of 2.00 acres, said land being ~-,., more particularly described hereinafter, from C-3 Community Commercial and R=I-AA .... Single-family Residential to Planned Unit Development (PUD); and WI-IEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the .aforesaid Revised Zoning Map as hereinafter set forth. NOW, TI-IEREFORE, BE IT ORDAINED BY TI-IE CITY COMMISSION OF rI-Ig CITY oF BOYNTON BEACtt, FLORIDA, TItAT: Section 1: The following described land, located inthe City of Boymon Beach, Florida as set forth as follows: "See attached Exhibit "A .... the same is hereby rezoned from C-3 Community Commercial and R-I-AA Single- [ Residential to Planned Unit Development (PUD). A location map ~s attached hereto as "B" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended epealed.Secti_on 3_2: Al1 ordinances or parts of ordinances in conflict herewith are hereby Section 4: Should an3, section or provision of this Ordinance or any port/on thereof >e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the emainder of this Ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING tSis ~, day of_ ~'~tl _, 2002. SECOND, iFINAL READ/NG and PASSAGE this __ _ day of _, 2002. CITy OF BOYNTON BEACH, FLORIDA Mayor Vice. Mayor - Cornrmssioner ~ Commissioner - ATTEST: Commissioner (Corporate Seal) s:ca\Ord'uRezming Dakota 6L2 FEET $OUrH OF. T~::~ O~ I04~,'FEE~_ ro NORTH LiVE OF SAI~ SEC_ W4Y, A O~STANCE OF' ~ RIGHT OF' WA~' UI~ ~ 0~S · ' T, PARALLEL TO THE ~ITRACOA$1'AL WAFER W~STERLY . SOOTH 89e~'_4~_, ~ · . £ OIr lFAY L~ OFTH~ F~T TO A PO~IT iH SAI~ LESS al~O NOT IM=LUDF~ THE FOLLOWe~ ~ pARCEL~ (LOT$ 2A ANO .~) LOT 2~ TO~,l~ ~ ~ ~r. pAL~-" " BEACH COMITY, FLORa4, OE$C~St-~._..AS FOU. OW~: LOT 30: ...... ST, pALM ~EACH COUNTY. F[OI~OI~ DESCRIED AS fOLLOWS: T OF SEGT~N ~. ~ 44 SOUl~ Ti~ It~RACOASTA& WATE~'_.A_ w~Y THAT PAR _ T O~ WAY L~ OF__ L Ai. ONG SAIO WEET _R~_T Olr T OF ~I~Re~EGI~M O~- -T~-. O~ $~JD SECIlCW 4, ~ OO FEET TO THE PO~T OF Ar THE PO~ THE NORTH UVE SECTION 4, 300. O0 FEET: ~ r TO. I~E OF SA~ wATERWAY, 2~ /~, ..- LOCATION MAP EXHIBIT "~1" C3 XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.3 AGENDA ITEM REQUEST FO[x... Requested City Comm~sston Date Final Form Must be Turned Requested City Comm~ss~o~ Date Final Form Must be Tamed Meetin~ Dates i~! to. Ctty Clerk's Office Meet. ina Dates in m Cit~ Clerk's Office [] November 20 2001 November 7, 200] 5:00 o.r~} ~ January 15. 2002 January 3, 2002 {5:00 ~.rn [] December 4, 200t November 21, 2001 (5:00 p.m.) Februar~ 5. 2002 January 16, 2002 (5:00 p.m.I [] Decemberl8 200! DecemberS, 2001 5:00p.m.) ~ Febmaryl9.2002 Febraary6,2002(5:0Opm. [] January2.2002 D~cemberlU. 2001 (5:00p.m.) E MarchS. 2002 February 20, 2002 (5:001~[n.) ._ [] Adminin~ative [] Development Pla~ :-: NATURE OF [] Consent Agenda [] New Business AGENDA ITEM [] Public Hearing [] Legal [] Bids [] Unfinished Business "- [] Announcemem [] Presentation co [] City Manager's Report RECOMMENDATION: Modify Chapter 9, City of Boyutou Beach Code of Ordinances to insure compliance with NFPA L Fire Prevention Codes, 2000 Edition. Make adjustments to fire plan review fees and tees for annual Include requirements for roadway security gates and emergency access and inspection of fire suppression systems. expand requirements regarding the distribution of fireworks within the City Of Boyntan Beach. EXPLANATION: The new Fire Prevention Code, NFPA 1 is now in effect. The recommendation of the Fire Rescue Department is to adopt by reference, NFPA 1, Fire Prevention Codes, 2000 Edition, as amended in Chapter 9. and the NFPA 101, Life Safety Code, 2000 E~dition to be cited as the Florida Fire Prevention Code. These recommended modifications to Chapter 9 Fire Codes reflect changes necessar}' for compliance with NFPA L The other changes reflect a reduction in the annual inspection fee of all non-residential occupancies up to'70,000 sq. ft. (from $75.00 to $45.00) and remOving fire plan review fees for sprinkler, standpipe, and fire pumps; as well updating of existing code requirements relative to emergency access to gates areas and the distribution of fireworks. PROGRAM IMPACT: There is nO program impact resuitiall from the recommended changes, other than the obvious advantage of bringing existing city ~.flre c...odss into co .mp~ Uanee' with the must. recent. National F!.re PrOt~deti~n Association (NFPA) Standards. ~ will not affect the number or type of mspecUons currenuy prov~ e . FISCAL IMPACT: It is estimated ~hat these recommended changes will reduc.e Flre..~a~n. d L!.fe ~S.afety (.FLS) tDseiV~.'nSi~; ~,,wn,~ hv annroximatelv 10%. ~owever, it is also estimated that this reduction will Oe OllSet Dy an mcreas e number of annual inspections, pr0,,adin~ that I~LS Dvasion staffing is maintained as budgeted ALTERNATIVES: Do not approye these changes and contin~e i~/~e _ ~°perating requirements inconsistent with the most recent National,Fire Proteeti~p Association Standards. , "'"~ Dep~ar~t~ent Heed's Sight'Stare /' M~nager's Signature Department Namg C~ty A~?~'y / Finance ~ Human Resottrces S:ki~ULLETIN~ORMS~AGENDA ITEM REQUEST FORM.DOC ORDINANCE NO. 02- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING ~: ~ CHAPTER 9. OF THE CITY OF BOYNTON BEACH CODE OF 'O~INANCES, PRQVtDt2qG.,.FOR,, COMPL~CE WITH FLORlDA FIRE P~NT~sN~: CODES, 20013 EDITION;. PROVIDING FOR CONFLICTS SEVER~ILITY. ~0DIi~ICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Fire Rescue Depamuent is the division of municipal government that enforces the fire 6odes in the iriterests of public safety; and WHEREAS, fire protection and prevention are essential to the well-being, prosperity and safety,of the community and its residems; and WHISRE~AS,. the City's fire rescue department has reviewed the existing provisions of Chapter 9 and has determined that it is in the best interests of the citizens and residents of the commmmy to recommend that the Gqde of Ordinances be amended to provide-'- for compliance, with Florida Fire Prevention Codes, 2000 Edition are met. NOW TItEREFORE, BEIT ORDAINED' BY'THE CITY COMMISSION OF Section 1: Chapter 9 Fire Protection and,P~evemion is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck through type, 'as follows: A. Section 9 -3 (a) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck-through ripe, as follows: .... 2 00 Edition is hereby adopted by (a) NFPA 1, Fire Prevention Code, ~ aa'* 0 reference as if set out in its entirety herein. NFPA 1, Fire Prevention Code, !997 _ 2000 Edition as amended in the 'following chapters and sections and NFPA 101, Life Safety Code; 1997 2000 Edition, shall constitute and be known as and may be cited as ~the Boynton Beach Fire Code hereinafter referred to as this Code . B. Section 9 - 6 Codes - deletions and amendments automatic fire protection systems, is hereby amended by adding the words and figures in underlined type and be deleting the words and figures in struck-through type, as follows: The City hereby adopts the following deletions and amendments to the Fire Prevention Code of the National Fire Protection Association, N.F.P.A. pamphlet No. t, adopted in Chapter ~ 7__ (a) Section 6 1.2.7-1.2 (b) Section 6 2.2 7-2.2 (c) Section 7 1.1 7-3.2 C. Section 9-7 is hereby created to read as follows: Sec. 9-7 haspection "['est Records A hard copy of all inspection, maintenance and test records shall be provided to the AHJ immediately after completion for Ihe following: 1. Fire pump 2. Fire alarm 3. Fire suppression 4. Fire detection 5. Fire sprinkler 6. Fire standpipe Alt others required by NFPA or other applicable codes, standards or statutes. D. Section 9-14 Supplementary lighting systems in places of assembly is hereby deleted in its entirety and a new Section 9-14 is hereby created as follows: AU~ Gym:~as!'&ms 2 ............ hail ..... um~ ...... ~ .... mbly) Sec. 9-I4 Roadway se¢~i~ gates and e~er~en¢¥ access The minimm reqmrements sh~l be as:requir~ by~e Fire Marsh~: (a) ~1 s~tee~ce mes~must have ~ elec~onic kev number pad or ~ approved ~tmti~e. (b) ~e ke~ad will all~ ¢nrr~ce by ~e simple act of pus~ng~ur ~4) or five (5) buaons. (c) All ~ates must have a secmw en~ code approved in advice bv the Fire M~sh~.. (d) Gates may be operable'by telephone ~om o~ dispatch office. A phone call ~om o~ dispamhers will o~n the gate ~d a second c~l Mll be req~red to ~ose the gate. (e) In case of ,power f~l~e, ~e electronic .~ate sh~l open autommic~ly ~d re--in open. (~ ~ exertion,will be wherea 24-ho~ secufiw eu~d is stationed at · e ~ate. (g) A back-up,vice such as an au~ofized securiW box or key switch is req~red ~o operate the ~ate in the event ~e nmber pad en~ does not work. (h) No other code nmbers, operafin~ me,ods, or kev systems ~11 be kept on file b~the Fire Revue Depmm~ent (i) In the ev~t that o~ ~its ~e ~able to gain rapid ent~ wi~ ~e above me,ods, it will required the ~e of rapid forcible en~ me,ods m g~n emw. ~e CiW of Boston Beach ~o~ the Fire 3 Rescue Department shall not be responsible tbr. or incur any costs as a result of gaining access to a specific area. (i) Information on where authorized kev secm'irv boxes can be obtained is available from Boynton Beach Fire Rescue. Fire and Life SafeW Division. (k) Failure to complv will result in the violation of Bovnton Beach (;ode of Ordinances Section 9-3F. (1) Failure to notify the Fire Marshal of all unauthorized change to the operating sysiem or other violation of this Section shall result in a fine of $100.00. E. Section 9-18 Fireworks is hereby amended by adding the words and figures in underlined type as follows: This section may be cited as "The Boynton Beach Fireworks Ordinance." ~ (a) the term Fireworks... ~ _ (h) Any person, firm. partnership or corporation eneaging in the sale. distribution or manufacturing of fireworks or sparklers must first apply tbr and secure a permit from the Fire Marshal. The application for such permit shall include proof that the applicant is registered ~Sth the Division of the State Fire Marshal. In addition, the temporary' retail sale of sparklers requires a City of Bo'ruton Beach Occupational License. (i) Before any permit, as provided by this Section, shall be issued by the Fire Marshal for sale of fireworks or sparklers, such applicant shall file with the Fire Marshal a performance bond or similar security as set forth in parav, raph (c). Such securiw shall be approved by the City Attorney's Office and the Finance Deparm~em. The conditions of such securit't shall be that: (1) the permit holder will pay all costs and judgments that may be rendered aEalnst said permit holder by a court of law Ibr a violation of said Ordinances or statute regarding the sale of fireworks or sparklers: (2) the permit holder shall pay the cost of 4 providing' security atthe site~ si. pursuant to Court order, in the event of the arrest or detention of the permit holder's employee(s), or agentlsl, for violation of this Ordinance. which arrest or detentton results in the site be!ha umnang~ ed by: }he permit holder's employeel s) or agent(s ). (i) Record of Sales and Exempfions. In order to verit~ compliance with F.S. Chapter 791 and thiq .ordinance. the se let o£fireworks must obtain the nmne and address of each purchaser of firewor, ks, check a photo identification, and keep a record, .or.the.-, nam~s~, addresses and form of t~roof of photo identification. T~!e seller must maintain, on site. this record fbr all fireworks sales, which record includes the name and address of pta'chase, and the form ..of identification, These records shall be maintained on site and be ,made available during business hours for immediate on site inspection bv a Fire Marshal and/or the Police Department or other law enforcement a~encies. 1-he records shal} be maintained for a period of twelve (12) months from the last entry in the record. Should. the site close or be vacated within this twelve (12) month period, the permit holder shall maintain the records for the remainder of the twelve month period. k. Any violation of this Ordinance shall subject an offender to arrest pursuant to Section 901.15. Florida Statutes. and prosecution pursuant to~ Section 125.69, Florida Statutes. F. Sec. 9-19. Fire inspection fees (b) is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in struck- through type, as follows: (b) The following permit fees for fire protection systems are required: (1)Stm:dpipc ~nd zprirJclcr zyztemz: $15.99 (-3) (1) Fire detection and annunciation systems: $25.00 (4) (2) Fixed fire suppression systems halon, wet/dry chemical systems, etc.): $25.00 (--5-) (3) Hazardous, flammable or explosive materials: $25.00 (6) (4) Plan review of special occupancies in addition to normal plan review fees: Per hour fee $35.00 Minimum fee: 35.00 Maximum fee 245.00 ~ 5) ~ - The plan re¥iew fee shall be four (41 times that specitied in this table, should work con,hence prior to the fire plan review and appro~-al asrecluired by the Fire Official. (6) Fees for new construction, alteration, or renovation shall be in the amount of $.029 per square tbot if provided with a fi.flly attromatic fire protection system throughout the building. (c) Annual inspection fees. There is ... (1) Non-residential, First 1,000 sq. feet: ?5.00 $45.00 (1) (e) Annual inspection of fire SUl:pr:gs:cn. detection, and annunciation systems: $45.00 per occupancy (h) Structures with fully automatic fire protection throughout will have their annual inspection fee reduced by one half (50%). G. Section 9-20 Extension cords, control panels, and appliances is hereby amended by adding the words and figures in underlined type, and by deleting the words and figures in smack-through type, as follows: (a) Temporary us. Extension cords... Ih) (1) Temporary wiring for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipmem, or similar activities. t2) Tempora~ wiring for electrical power and lighting installation shall be permitted for a period not to exceed 90 days for Christmas 6 decorative ii~htinm carnivals, and similar purposes and for experimental development work. (3) When temporatw' wiring is attached to a structure, it shall be attached in an approved mariner.. (i) AH electrical motors.:shall ,,be maintained in a manner free from accumulations of oil, waste, and other debris, which will interfere ~Sth required motor ventilation or ~reate a fire hazm'd. H. That Sec. 19-23 is hereb? amended by adding the words and figures in underlined type, and by~¢e2efing-the.wo .rC~:.~!~,.figu~e3.i!~,s~ck-tb_mugh type, as follows: : Section 9,23, F~re hyckant,s: ~.~..,9~fi~ ,d..epamnent connections. ¢~_Reflective blue markers shall be placed to indicate the location of a hydrant. I. That Sec. 9-30. Duties of officers is hereby amended by adding the words and figures in underlined type, as follows: It shall be the duty of the officers of the Fire and Life Safety Division, identified in Section 9-29. to enforce all laws and ordinances concermng the following: (a) The prevention of fires. (1) Inspection {2) Plan Review (3) Public Education t4) Enforcement Section 2. Each and every other provision of Chapter 9 of the City of Boynton ;each Code of Ordinances not herein specifically amended shall remain m full force and effect as previously enacted. 7 Section 3. All ordinances or par~s of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this ordinance or portion hereof. any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 5. Authority is hereby granted to codify said ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~7 day of February, 2002. SECOND, FINAL READING AND PASSAGE this day of __ ,2002. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner ATTEST: Commissioner City Clerk Commissioner 'CORPORATE SEAL) 8 XI.T. - LEGAL CITY OF BOYNTON BEACI: ITEMA.4 AGENDA ITEM REQUEST FOI Requested C~t~ Commission Date Finat Form Must oe 'fumed Requested City Comm~ss~o~ Date Final Form Must be Turned M~enne Dates n~o Orr Clerk's Office MeeUnl~ Dates ig to C~ty Clerk's Office [] 'qovemver 20 200I November 7; 2001 (5:00 p.m.) [] January 15, 2002 Januar5 3, 2002 (5.00 p.m.) [] December 4, 2001 November 21, 2001 (5:00 p.m3 .-, February 5. 2002 January I6. 2002 (5:00 n.m. [] December 18,200[ December 5, 2001 (5:00 o.m.) ~ February 19. 2002 FebruaD 6. 2002 {5:00 [] January 2, 2002 December l 9, 2001 (5:00 p.m.) [] March 5 2002 February 20. 2002 (5:00 p.m. [] Admmistrauve [] Developrnem Plans NATURE OF [] Consent Agenda [~ New Business AGENDA ITEM [] Public Hear~g [] Legal [] Bids [] Unfinished Business [] Annotmceraenr [] Presentation [] City Manager's Report RECOMMENDATION: ch a o b ordinance, a provision requiring that all regulatory traffic control Staff recommends that the City of Boymon Bea d pt, y cievtces m the City ofBolaron Beach be placed according to standards specified in the MUTCD. Placement of regulatory and warning signs is routine and can be accommodated, in each fiscal year budget.. A. . . .Staff further recommendsrraffc calmmgthat the City shall co~sider placement of ~affic cal_mmg measures only upon complenon of an tmtial t~affic smay. shall be considered only on those local streets with average daily n'affic volum~ greater than 500 vehicles per day and only when the 85~ percentile speed is greater than 30 MPH for those streets posted at 25 MPH, or is greater than 35 MPH for those streets posted at 30 MPH. EXPLANATION: The City Commission requested staff to prepare the necessary ordinances for Commission action to enable the traffic control and calming program. PROGRA~ IMPACT: will allow staff to proceed with placement of regulatory traffic control according to recoguized. The proposed ordinances for evaluation of traffic calming measures. national standards and will also provide minimum china necessary FISCAL IMPACT: ' m No immediate fiscal impac_t. Large scale waffic calming projects should be identified ami budgeted separately future capital programs. ALTERNATIVES: conlzol according to standards an~ }lso a~don any a'affic calming procedures. Deparm~nt Name S:'~BULLETIN~FORMS~AGENDA [TEM REQUEST FORM.DOC ORDrNANCE NO. 02 - AN ORDINANCE OF THE CITY ~,OMMISSION OF THE CITY OF"Bo~,~TON E eHi FLORJDA AMENDING CHAPTER 14 MOTOR VEHICLES AND TRAFFIC CREATING A NEW SUBSECTION TO PROV.~IDE FOR ALL SIGNAGE TO CONFORM.TO NATiONjkL STANDARDS; GR~ATtSXIG A NEW · SECTION PROVIDING FOR T~I~JC CALMING MEASURES; 'PP(0VIDE F(Jk CONFLICTS, SEVERABmrrY, COD~ICATION AND AN EFFECTIVE DATE. - - ~WHEREAS, staff has conducted extensive, rese~h .regarding regulator), traffic control and traffic calming and has concluded that traffic engineers throughout the country utilize two basic tools for the control of traffic, especially in local neighborhoods, which are traffic control devises and traffic calmingmeasures; and WHEREAS, both tools, when property used, can significantly enhance safety local residential neighborhoods; and WHEREAS, upon recommendation of staff, the City Commission has determined that the City should follow the procedure set forth in the Manual on Uniform Traffic Control Devices (MUTCD) for all.traffic control devices, as well as utilize the form of traffic control known as traffic calming in certain neighborhoods; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the Ci~ Commissior[ Section 2. That Chapter 14 Motor Vehicles and Traffic shall be amended by adding the words and figures in underlined type, as follows:... 14.1 Regulatory Traffic Control A. All signs, striping, and traffic signals established by direction of the City Commission and/or city staff shall conform to the extent possible, to implement the relevant regulations to the current national Manual on ~' Uniform Traffic Control Devices for streets and hiehwavs in effect ar the nme of the establishment of the said signs, striping, and traffic signals. B. When authorized signs are replaced, the new signs shall conform to the ' ' national Manual on Uniform Traffic Control Devices for streets and highways in effect at the time of replacement. 1,4-6. Traffic Calming Measures A. The City shall consider placement of traffic calming measures only upon completion~of an initial traffic study. Traffic calming shall be considered only on those local streets with average daily traffic volume greater than 500 vehicles per day and only when the 85t~ percentile speed is greater than 30 MPH for those streets posted at 25 MPH, or is greater than 35 MPH for those sn'eets posted at 30 MPH. B. Signing, striping and other devices identifying traffic calming measures shall conform to the current Manual'on Uniform Traffic Control Devices. ~ Section 2. Each and every other provision of Chapter 14 of the Code of of the City of Boymon Beach not herein specifically amended, shall remain in 1 force and effect as originallY adopted. Section 3. All laws and ordinances applying to the City of Boynton Beach in conflict with any provisions of this ordinance are hereby repealed. Section 4. Should any section or provision of this Ordinance or any portion declared by a court of competent jurisdiction to be invalid, such decision shall tffect the remainder of this Ordinance. - Section 5. Authority is hereby given to codify this Ordinance. Section 6. This Ordinance shall become effective ~mmediately. FIRST PEAl)lNG this ~ day of February, 2002. SECOND, FINAL READING AND PASSAGE this day of February, 2002. CIT~ OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner - ~ Commi)s~i6her ATTEST: City Clerk XIlr. - LEGAL ITEM D.1 % CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Corca'aission Date Final Form Must be Turned Requested City Comm/ssion Date Final Form Must be Turned Meetm~ Dates in m City Clerk's Office Meetnn~ Dates in to City Clerk's Office ~ November 2¢, 2001 November7, 2001 (5:00 p.m.) [] lanuary 15,2002 January 3, 2002 (5f00p.m.) t'~ December4200I November21,2001 (5:00p.m.I [] FebmaryS, 2002 lanuary l6, 2002 (5:00 p.m.) [] December tS, 2001 DecemberS. 2001 (5:00p.m [] Febmar~ I9,2002 February 6, 2O02 (5:00 p.m.) [] January2.2002 December I9, 2001 (5:00p.m.~ [] MarchS. 2002 Febmary20,2002(5:00p.m.) [] Administrative [] Development Plans NATURE OF ~_. Consent Agenda [] New Business AGENDA ITEM [] Public Hearing ~ Legal [] Bids [] Unfinished Business [] Announcement [] Presemation [] City Manager's Report c.~ RECOMMENDATION: PIease place this request on the February 19, 21)02 City Comnnssmn Agenda unaer Coment Agenda. The Community Redevelopment Agency Board *nth a unammous vote recoramended that this reques*?gev approved· For further details pertaining to the request, see attached Depanmem of Development Memorandum ~ pZc0~ 274 and addendum PZ 02-015~ EXPLANATION: PROJECT NAME: CODE REVIEW CDRV 01-005 1) Definition of Building Height 2) Height Exception- Church Height AGENT: Bradley Miller, AICP OWNER: N/A LOCATION: City Wide DESCRIPTION: Request for a code review to revise the definition of "building height" found in Land Development Regulations Chapter 1, Article II and to add "places of assembly" to the list of exceptions to the maximum building height found in Land Development Regulations Chapter 2. Section 4.F.2. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES:___~, ff~p~ N/A ~ Develbt~n3/l~e~arZcment l~irector City Manager's Signature Planning and Zon~a~ Director City Altomey / Finance / Hmnen Resources s :~Plannin gXS HAREI~WP~PROJECTS~First Baptist C~urch o£BB\CDRV 01-005~Agenda Item Request definition height.height exception code review 2- 19-02.dot S :~B ULLETfNWORM SXAGENDA ITEM REQUEST FORM.DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-015 TO: Chairroan and Members 'Panning and DevelOpment Board THROUGH: Michael RumP'~~FF-~d~'~-''~ Planning and Zohing Director FROM: Lusia Ga ay, AICPJI~ ~PrinCtpa! Planner ~ DATE: January 16, 2002,. SUBJECT: First Baptis. t Church - Height CDRV 01-005 Addendum~,t0 Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No. PZ 01-274 to the Planning and Development Board dated December 13, 2001. Updated information is provided regarding the above referenced project~ At the December 26, 2001 meeting the Board voted (4-3) to approve the two code amendments regarding building height. Upon further review by planning and legal staff, substitute language is proposed regarding the height exception portion of the code rewew. The term places of assemb y~ rep aces the ong~nal!y~ proposed church height" in the height exception list. This language is being brought before the Board for a recommendation. It will proceed to the CRA Board then to the City Commission for final approval. The substitute language is proposed below. Amend Chapter 2 - Zoning Section 4, F. 2. As follows: "Water, cooling and fire towers, radio and television towers of commercial nature, church spires, places of assembly, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of a structure above the district height limitations provided herein, after obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to distdct height regulations set forth ir~ paragraph 3 below. In conjunction with this revision, "Places of Assembly" will be added to Chapter 1, Article II - Definitions as follows: Places of Assembly - Buildinqs and facilities on a lot or parcel of land specifically desiqned for assembly which may include churches, temples, and other places of worship; theatres, auditoriums, conference centers, clubs, lodqes, and fraternal orqanizations." Attached is a copy of Chapter 2, Section 4, F. Height Limitations and Exceptions. Please note the procedure for granting an exception and the criteria that must be addressed before the City Commission grants approval of the request. Attached is the original staff report, Memorandum No. PZ 01-274, containing documentation for the first code revision proposal to change the definition of Building Height. No change is being made to that request. Staff continues to recommend approval of both proposed code revisions 4 Boynton Beach Code where the building is. to be located, provided, erected within a structure or on top of the structure, however: above the district height limitations provided herein, after obtaining approval of the City Commission 1 All accessory buildings sha!l heloca~te.d based On their considexation of the suandards for oniy in the side or rear yard al: lea~fftwelve'(i2) feetevaluating eXceptions to c/is/tict;height:regulatio~ Set from the principal building; and forth in paragriph 3 below. 2, Detached storage structures ofany type 3, In considering an application for construction not exceeding °ne hdndred (I00)'square exception to the district height regulation, the City Comnusston shall make findings m xcatmg the feet in floor area and, seven (7i feet in height rely be .... d' ' erected to a point at ~east ~ (3).fee~ (r~ the side proposed ~xcelY~0n ha~' bee~,s~tudied and c0n~dered p~:openy:l~ne~c~r'~[~ns~!hree.(3)feetfromthe in relation (o the foli~0wi~g standards, where rear property line~p~ovid~ng no. easement rights are applicable: abridged. a. Whether the height exception will C. BUILDING FRON'I~AGE. Every principal have an adverse effect on the existing ancl proposed building shall be located on a lot or a publicly land uses. dedicated, accepted and maintained street or pri,~ate stree~ which conforms to accepted street standards of b. Whether the height exception is this city. necessary. D. THROUGH LOTS (DOUBLE c. Whethertheheightexceptionwill FRONTAGE). On through lots, the reqmred front severely reduce light and air in adjacent areas. yard shall be provided on each street. d. Whether the height exception will E. VISUAL OBSTRUCTIONS. No fence, be a deterrem to the improvement or development of s~gn, planting, hedge, shrubbery, walt or other visual adjacem property in accord with existing regulations. obstruction shall be created or maintained with a height greater than two feet six inches above the e. Whether the height exception will street level, within twenty-five (25) feet of the adversely affect property values in adjacent areas. intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type f. Whether the height exception will fences may be a maximum of four (4) feet and kept adversely influence living conditions in the visually clear, neighborhood. F. HEIGHT LIMITATIONS AND g. Whethertheheightexceptionwill EXCEPTIONS constitute a grant of a special privilege to an individual owner as contrasted with the public 1. No portion of any structure intended to welfare. be utilized for residential, commercial or 'industrial purposes within the municipal limits of the City of h. Whether sufficient evidence has Boynton Beach, Florida, shall exceed the height of ' been presented to justify the need for a height forty-five (45) feet above the final grade level of such exception. structure, except as noted below. i. The City Commission may, in 2. Water, cooling and fire towers, radio connection with processing of application for and television towers of commercial nature, church exception hereunder, refer same to the planning and spires, domes, cupolas, flagpoles, electrical and development board for recommendation. mechanical support systems, and similar structures. and their necessary mechanical appurtenances may be 4. In residential zones, freestanding television and citizens; band broadcasting antennae 1997 Zonln§ 5 4. In residential zones, freestanding G. CUL-DE-SAC, The allowed frontage of a television and citizens' band broadcasting antennae lot when shaped by a cul-de-sac or the frontage of may not exceed twe. my-ftve (25) feet in height, and no any other irregular shaped lot, shall be measured at the freestanding antenna may be constructed within the setback or building line, and shall be not less than building setback lines. Roof-mounted or wall- seventy=fivepercent(75%)oftherequiredIotfrontage supported antennae may exceed the maximum district in the applicable zoning district. height regulation by ten (10) feet; but in no instance, may an antennae exceed the roof line height by more H. TEMPORARY BUILDINGS. Temporary than fifteen (15) feet. buildings such as models, offices and tool sheds used in conjunction with construction work only, may be a. With respect to private community permitted in any district after approval of the building antenna systems as defined in this code, the aforesaid inspection department and the removal of which is twenty-five (25) feet height regulation shall not apply, accomplished within thirty (30) days after construction In the instance of private community antenna systems, ceases or is completed. a receiving antenna may not exceed forty-five (45) feet in height unless an exception is granted by the I. PUBLIC BUILDINGS. All buildings and City Commission,- and no part of any receiving properties city owned and, operated and engaged in the antenna may encroach in any setback, performance ora public function may be permitte~d in any district as defined herein. 5. In residential zones, freestanding transmitting antennae are subject to the following J. OTHER STRUCTURES. To further clarify 1Lmitations: the definition of structure as applied to ali districts and boundaries, the following shall apply except that a. No freestanding base tower and comer lots shall be regulated by other pans of this antenna shall exceed forty-five (45) feet in height, ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in-this b. No freestanding base tower with or ordinance, in any zone, except where so noted; taking without an antenna shall be constructed within the into consideration existing easements: building setback lines. i. Fences, hedges and walls shall not c. No freestanding base tower shall exceed six (6) feet in height, above finished grade, in be constructed without having first secured a permit residential zones, except that from the building line to from the city development director, the front line the maximum height shall be four (4) feet. In Multi-family zones, the maximum height Roof-mounted transmitting antennae within the front yard setback shall be six (6) feet shall not exceed the roof line height by more than (chain link fences sh~l be used only in combination twenty (20) feet. with hedge that shall be maintained at height of fence). Hedges situated adjacent m golf courses, golf driving 6. An application fee shall be payable m ranges, interstate highways or pamels supporting the city as adopted by resolution of the City railroad tracks shall not exceed ten (10) feet in height, Commission. above finished grade. When walls or fences are cons~'ucted as a pm of a subdivision or site plan 7. Notwithstanding any other provision of approval adjacent to a public right-of-way, consistent the Land Development Regulations, Including the with this section, a setback of a minimum of eighteen provisions of this section, telecommunication towers (18) inches must be maintained for landscaping shall only be permitted as a conditional use in the PU purposes. Public Usage District and REC Recreation District. 2000 S-14 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-274 TO: Chairman and Members Planning and DeVelopment Board THROUGH: Michael W. Rumpf Director of Planning and Zoning oal v:, Pr~cipal plarmer ~.. DATE: December 13, 2001 SUBJECT: CODE REVIEW CDRV 01-005 1) _Definition of Building Height 2> Height Exception - Church Building Height NATURE OF REQUEST Mr. Bradley Miller, AICP, of Miller Land Consultants, Inc. representing the First Baptist Church of Boynton Beach is requesting a code review regarding changing the definition of building height and allowing a height exception for church height. The request was presented as follows: · Amend Chapter 1- General Provisions, Article II - Definitions as follows: "Building Height means the vertical distance in feet from fini.qhed ~ade to the highest point of the roof for flat roofs: to the deck line for mansard roofs; and to the average height between eaves and the ridge of ~able, hio and ~ambrel roofs, measured from the made." · Amend Chapter 2- Zoning, Section 4, F. 2. as follows: "Water, cooling and fire rowers, radio and television towers of corr~ercial nature, church spires and church height, domes, cupolas, flagpoles; electrical and mechanical support systems, and similar structures, and ~their necessary mechanical appurtenances may be erected witl-~n a sumcmre or on top of a structure, above the district height limitations provided herein, after obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below." Page 2 Building Height - CDRV 01-003 Memorandum No. PZ 01-171 BACKGROUND In conjunction with this code review, the applicant has submitted a site plan application. The site plan proposal is for the expansion of the First Baptist church at the northwest comer of Boynton Beach Boulevard and Seacrest Boulevard. The church intends to build a new 600-seat sanctuary. The new sanctuary will have a mean height (between cave and peak) of 44 feet.~ A structural component known as "the fly" is 52 feet high. The church steeple will reach a maximum height of 72 feet. The First Baptist Church property is located in C-3 and R-1-A zoning districts. The new building will be located in the: C-3 zoned portion of the site allowing a maximum height of 45 feet. This request for code review regarding height affects development citywide. There are two advisory boards providing recommendations to the Commission regarding development in the City of Boynmn Beach. The Planning and Development Board and the Community Redevelopment Agency will both review this request. ANALYSIS Definition afBuildinq Heieht The current definition of building height is as follows: BUILDING HEIGHT - The vertical distance between a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the South Florida Water Management District, and the apex of the highest roof. The city's definition of building height has been questioned by several applicants/developers in the past. The complaint is that the measurement of height to the peak of roof is far too restrictive asserting that the type or style of roof should be taken into consideration. Staff reviewed the definition of building height used by three mmficipalities: City of Delray Beach, City of West Palm Beach and City of Pompano Beach and for Palm Beach County. All four definitions use finished grade as the starting point but they all differentiate between roof style to determine the highest point of measurement. Table 1, provides the text for these definitioas. The text of the definition as proposed by the applicant is identical to the Palm Beach County version. Staff is amenable m amending the definition of building height to accommodate differences in roof type. The research verifies that this is a more practical approach and accepted standard practice. Page 3 Building Height- CDRV 01-003 Memorandum No. PZ 01-171 TABLE 1 Definitions of Building Height City of Delray Beach Jurisdiction ~ Definition The :¢ertical distalme firom grade to the highest finished roof surface of a flat roof or to the mean level between eaves and ridge for gable, hip, or City 0f WeSt PaIN Beach ~¢':vi~ii..distan~'~6m thi mean grade 'sf a 10a~ atthe '~oiitage of ~e bufidii~g tO, t~e highest pbint~ ,o.~ the top of str~¢~tur~¢ of a ~a~ roOf, or. to the deck li~e 6f i mansard ~6f. or t6' th~ hid-heigl/t level bitwccn eaves amd ridge for ~'gable:h~p and gambrel City of Pompano Beach · the established proposed Palm Beach County gable, hip and grade. The current regulations for height limitations and exceptions include church spires in the list of items considered for an exception. There is an application procedure and list of criteria that must be considered in order for the City Commission to grant a height exception. Applications are reviewed on a case by case basts in determining the appropriateness of allowing additional height beyond the district regulations. In the case of the First Baptist Church, the proposed expansion will include an application for a height exception for the 72-foot church spire feature. The building design also includes provisions for a "fly" or space over a theater stage where scenery and equipment can be hung. To accommodate the fly a portion of the roof must be designed at a height of 57 feet. This prompted Page 4 Building Height - CDRV 01-003 Memorandum No. PZ 01-17'. the request for "church height" to be added to the list of items which may be considered for a height excepuon. When revmwing the code, staff must not only consider the cimumstances of the specific request but how a change in the code wilI affect development throughout the city. Chumhes are unique structures having architectural features specific to that type of use, namely to worship. These architectural features can be symbolic or specific to the type of activities going on in the building, like dramatic or musical presentations and pageants. Churches are a permitted use ~n ail residential and commercial zoning districts in the City of Boymon Beach. One of the purposes of height controls is to encourage development that is harmonious in scale and compatible with existing development. The height exception rewew process outlined in Chapter 2, Section 4. F.3. provides eight (8) criteria that must be satisfactorily addressed before approval is considered. As written, these criteria provide a reasonable basis with which to review church heights on a case by case basis for necessity and neighborhood compatibility. RECOMMENDATION Based on the prevaous analysis, staff supports both code review requests submitted by the applicant. Staff recommends that the City of Boynton Beach Land Development Regulations be amended as requested. It should be noted that staff support of this code amendmem does not represent automatic support of the proposed site plan as submitted. The site plan and height exception for the First Baptist Church will be considered for approval as separate applications at a later date. lg Exhibits S :~P LANNINGKS HARED\WP~P RO.r ECTSkF I RST BAPTIST CHURCH OF BB\CDRV 0 I~05\CDRV 01-O05.STAFF KElOORT.DOC