PALM BEACH COUNTY SPEC MTG RE: CONSTRUCTION PROJECTS
MINUTES- Start Time: 4:25 p.m.
- Public Comments: Jan Porter
- Consent Agenda
- Developer Contributions
- RE1 03-Y Elementary School Pine Jog
- RE2 - Utility Easement for Elbridge Gale Elementary School
- RE3 - John I Leonard High School
- RE4 Agreement for Purchase, Sale and Exchange between GL Homes of Florida II Corporation
- Modernization Projects for D.D. Eisenhower Elementary
- PM1 Retainage from 10% to 5% for Forest Hill
- PM2 Project Modifications and Retainage for Meadow Park
- PM3 Retainage for Santaluces High
- CP1 Reject All Proposals for 03-Y
- RE5- New Riviera Beach Area High School
- RE6 - New Riviera Beach Area High School
- Adjourn: 4:45 p.m.
Motions:
| I recommend the School Board approve the Consent Agenda of Items 4 thru 13 as submitted (excludng agenda items 5, 9, 13 & 15. | - | PASS |
| Vote Results: | ||
| Motion: Sandra Richmond | ||
| Second: Bill Graham | ||
| Tom Lynch | - | Aye |
| Sandra Richmond | - | Aye |
| Monroe Benaim | - | Aye |
| Mark Hansen | - | Aye |
| Debra Robinson | - | Aye |
| Bill Graham | - | Aye |
Minutes: On September 14, 2005 the Board asked staff to research what other School Districts were doing regarding developer contributions and to develop a “menu of options”.
The research was completed and transmitted via a memorandum dated December 2, 2005.
Based on this research, staff-negotiated development agreements, subsequently approved by the School Board, appear to be the most workable approach.
Staff will analyze the impacts that residential development may have on the public school system.
In cases where capacity is not available to serve the proposed development, staff would be authorized to negotiate a development agreement for financial contributions from the developer.
Staff will make its best efforts to negotiate these agreements, however, the ultimate success of these efforts will rest on the cooperation of the County Commission and Municipal officials.
This process would serve to supplement the School Concurrency Interlocal provisions. The agreements differ from Concurrency in that they involve negotiations of specific capacity solutions for specific projects, rather than a “level-of-service” evaluation.
Minutes: Florida Atlantic University (“FAU”) owns approximately 150 contiguous acres of land located at the northeast corner of Jog Road and Summit Boulevard, commonly known as the “Pine Jog Property”.
Elementary School 03-Y is designated to open in the fall of 2008 and requires a location in the vicinity of the Pine Jog Property.
The Ground Lease, (attached as Exhibit “A”), reflects that an approximately 15-acre area of the Pine Jog Property (the “15-acre Site”) will be the location within which the Elementary School 03-Y and an approximately 15,000 square foot environmental education complex (“Environmental Education Complex”) will be constructed (see Parcel Map Exhibit “C”). The Elementary School 03-Y will cover most of the 15-acre Site (that portion of the 15-acre Site is referred to as the “Premises”). The parties will agree to the exact configuration of the Elementary School 03-Y and the Environmental Education Complex on the 15-acre Site with no further approval needed from the School Board or the FAU.
The term of the Ground Lease is seventy-five (75) years, with an option to renew for another twenty-five (25) years subject to the mutual agreement of the parties. The School Board will pay rent of One Dollar ($1.00) per year.
Title to the Elementary School 03-Y improvements and other property constructed or placed on the Premises by the School Board shall be the property of the School Board. Any improvements remaining on the Premises at the expiration of the Ground Lease shall become the property of FAU. No portion of the Environmental Education Complex shall be considered property of the School Board.
The School Board shall have the right to issue Certificates of Participation (“COPs”) in connection with the Premises and the funding for the Elementary School 03-Y.
The Cooperative Agreement, (attached as Exhibit “B”), provides the details regarding the construction, operation, maintenance and utilization of the facilities that will be constructed on the Pine Jog Property.
The School Board will construct the Elementary School 03-Y and the Environmental Education Complex on the 15-acre Site. The Elementary School 03-Y will be constructed, to the extent practicable, to meet Leadership in Environmental and Energy Design (“LEED”) Certification goals. The Environmental Education Complex will be designed to meet LEED Certification goals.
FAU’s contribution to the construction project shall be $2,765,000 which shall be in the form of: (1) land values attributable to the Premises and attributable to a two-acre area of the Pine Jog Property that will serve as an accommodation of the stormwater storage requirements of the Elementary School 03-Y improvements and (2) land value attributable to an approximately five-acre conservation easement area that will be dedicated by FAU to satisfy Palm Beach County mitigation requirements. The land values to be used for calculating (1) above shall be the average appraised value of $145,000.00 per acre and for calculating (2) above shall be market value for upland mitigation credit of $60,000.00 per acre.
The School Board’s contribution to the construction of the Environmental Education Complex will not exceed $2,765,000.
In the event the Environmental Education Complex cost exceeds the $2,765,000, both parties shall work together to reduce costs, to the extent possible, through value engineering.
The School Board and FAU shall pursue a mission that promotes environmental, sustainability and stewardship education within the Elementary School 03-Y curriculum and operation.
The School Board shall, as practicable and so as not to interfere with the School Board activities and programs and/or previously approved School Board facility use agreements, make the Elementary School 03-Y facilities and parking available for use by FAU at no cost or expense to FAU. FAU shall, as practicable and so as not to interfere with FAU activities, make the Environmental Education Complex facilities and parking available for use by the School Board at no cost or expense to the School Board.
The School Board and FAU shall each, at its sole expense: (1) maintain and repair its respective facility, (2) purchase, maintain and repair furnishings and equipment required by that party, (3) be responsible for the cost of telephone, computer network access, heating, cooling, electricity, water and sanitary sewage associated with its respective facility, (4) provide adequate security for its respective facility, and (5) be responsible for exotic vegetation removal and natural area restoration required for its respective facility.
The School Board and FAU will be jointly responsible for obtaining any required development and/or environmental permits.
The School Board’s estimated costs are: title insurance - $9,000.00; Recording fee - $500.00.
Motions:
| I recommend the School Board approve the Ground Lease and the Cooperative Agreement with respect to property owned by Florida Atlantic University and the mutual use of facilities in connection with Elementary School 03-Y as herein described; and authorize the Chairman and Superintendent to sign all other necessary documents. | - | PASS |
| Vote Results: | ||
| Motion: Bill Graham | ||
| Second: Mark Hansen | ||
| Tom Lynch | - | Aye |
| Sandra Richmond | - | Aye |
| Monroe Benaim | - | Aye |
| Mark Hansen | - | Aye |
| Debra Robinson | - | Aye |
| Bill Graham | - | Aye |
Minutes: The proposed easement is for a new water line to serve the proposed Elbridge Gale Elementary School site.
This easement will provide a new water main, which will enable the Elbridge Gale Elementary School site.
The easement is approximately 12’ wide and provides for potable water services throughout the 02-U Elementary School campus.
This easement is being brought to the Board for approval because it does not meet the requirements of the Board policy 7.172, and the Village of Wellington insists that the School Board provide a warranty of title.
Minutes: The deeds are for three (3) proposed right of way dedications for new turn lanes to serve the John I. Leonard High School site. The County, at its expense, will construct the new turn lanes on Haverhill Road and at the intersection of Haverhill Road and 10th Avenue North in the areas labeled “2” and “3” on the Parcel Map Exhibit “A”. The School District, at its expense, will construct the new turn lane at the 10th avenue North main entrance in the area labeled “1” on the Parcel Map Exhibit “A”.
The new turn lanes will provide automobile stacking for turning movements into the school and remove cars from the main through lanes on 10th Avenue North and Haverhill Road, thereby helping to minimize traffic congestion from the school on to the adjacent 10th Avenue North and Haverhill Road access points.
The three right of way dedications are, respectively, approximately 13 feet wide and 550 feet long, 13 feet wide and 500 feet long and 13 feet wide and 800 feet long.
Minutes: The School Board approved the Agreement for Purchase, Sale and Exchange (the “Agreement”) at its August 31, 2005 special meeting, and approved a First Amendment to the Agreement at its October 12, 2005 special meeting and a Second Amendment to the Agreement at its November 9, 2005 special meeting.
The Agreement involves the conveyance to the School Board of an approximately 13-acre site for a new elementary school, plus cash considerations, in exchange for the conveyance to GL Homes of Florida II Corporation of 40 acres of land that consists of the approximately 14-acre existing Hagen Road Elementary School site and approximately 26 acres of vacant land adjacent to and west of the existing school site (see location map, Exhibit “A).
The Agreement, as amended, provides each party with the right to conduct inspections of their respective exchange properties and to terminate the Agreement if for any reason the terminating party is not satisfied. The School Board has until January 31, 2006 to so terminate.
A comprehensive environmental audit of the13-acre proposed new elementary school site conducted by the School Board staff and its agents revealed the existence of a kerosene tank and associated lines and several used oil tanks.
Pursuant to the Third Amendment to the Agreement, GL Homes agrees to remove the kerosene tank and all associated lines and the used oil tanks and to use its best efforts to obtain a letter of “No Further Action” from the appropriate regulatory agencies with respect to these tanks and lines prior to October 31, 2006. The May 1, 2006 closing on the School Board’s acquisition of the 13-acre site under the Agreement will not be affected.
Pursuant to the Third Amendment, in the event GL Homes does not obtain the No Further Action letter by October 31, 2006, the School Board shall have the right to terminate the Agreement and either convey the 13-acre site back to GL Homes or retain title to the 13-acre site. If the School Board terminates the Agreement and elects to convey the 13-acre site back to GL Homes, GL Homes will pay the School Board $2,800,000, which is the cash equivalent of the property GL Homes will be credited with conveying to the School Board under the Agreement at the May 1, 2006 closing. If the School Board does not terminate the Agreement, then GL Homes must obtain the No Further Action letter by October 31, 2007 and any obligations of the School Board under the Agreement to commence construction of the new school or open the new school will be automatically extended for one year. In the event GL Homes does not then obtain the No Further Action letter by October 31, 2007, the Agreement shall terminate and the School Board shall have the right to either convey the 13-acre site back to GL Homes for the $2,800,000 amount or retain title to the 13-acre site.
While not part of the Third Amendment to the Agreement, for the School Board’s information, the environmental audit of the 13-acre proposed new elementary school site also revealed the presence of certain conditions that will require the School Board to perform clean up work that is typical to numerous other sites acquired by the School Board and is always handled as part of construction. The specific work on the 13-acre site will be abandonment of existing wells and septic systems, removal of solid waste including a mobile home, and clean up of minor petroleum spills in isolated areas of stained soils.
The result of the School Board not approving the Third Amendment is termination of the Agreement.
Minutes: This action modifies the opening dates of these three schools, but does not modify the project budgets.
Reason for Modification:
This change is being proposed to allow the District to save $4 million on the cost of a temporary holding school.
The current plan is to build a holding school on the campus of D.D. Eisenhower ES and move each of these three (3) schools into the holding school, one at a time, while we rebuild each respective school. The cost of the temporary holding school is approximately $4 million. The temporary holding school would be constructed using modulars and concreteables with covered walkways and the necessary site work.
This new proposal is to construct the new D.D. Eisenhower ES, move the old school over to the new school and then use the existing D.D. Eisenhower ES as a holding school for these three (3) schools thus saving the cost of the holding school. There may be some modest costs for preparing the existing D.D. Eisenhower ES to be used as a holding school, but that will be far less than $4 million needed for the temporary holding school.
This option was considered previously, but we had no way to fund the construction of the new D.D. Eisenhower ES. We solved this problem by shifting the funding for each of the projects as indicated in the table below.
Note that the opening dates for Palm Beach Gardens ES and North Palm Beach ES simply go back to their original opening dates. The opening date for Northboro ES gets moved back one year from the original opening date. The opening date for D.D. Eisenhower ES gets moved up from 2011 to 2007.
D.D. Eisenhower ES is not included on the list from the referendum resolution because it was not planned for the five-year planning period (FY 2005 – FY 2009), which was the basis of the referendum.
In the 2003 ranking of schools to be modernized D.D. Eisenhower was ranked 2nd behind C.O. Taylor/Kirklane ES, which is also being moved up in the modernization schedule. Both D.D. Eisenhower ES and C.O. Taylor/Kirklane ES were built with the “open classroom” concept and both schools received damage during the last two hurricane seasons.
The principals of the four (4) schools have been consulted and have no objections to this proposal although they have not had the chance to fully discuss this with their parents, staffs and School Advisory Councils.
* School Design Start
* Construction Start
* Opening Date
* Notes
* Funding Issues
* Current Holding School Plan
Funding sources of these projects may changes as a result of the shifting of the dates, however funding is available for all of the projects.
The budget amounts may be revised in a future Proposed Plan Modification, however the overall changes are expected to be cost neutral as we are simply switching funding around with no net increases.
Motions:
| I recommend the School Board approve the revision to the FY 2006-2020 Five-Year Plan & Capital Budget revising the scheduled opening dates for the modernization projects for D.D. Eisenhower ES from 2011 to 2007, Palm Beach Gardens ES from 2007 to 2008, Northboro ES from 2010 to 2009 and North Palm Beach ES from 2009 to 2010. | - | PASS |
| Vote Results: | ||
| Motion: Sandra Richmond | ||
| Second: Bill Graham | ||
| Tom Lynch | - | Aye |
| Sandra Richmond | - | Aye |
| Monroe Benaim | - | Aye |
| Mark Hansen | - | Aye |
| Debra Robinson | - | Aye |
| Bill Graham | - | Aye |
Minutes: Item #1
COPR #2 for the addition of 208 days.
Description: A non-compensable time extension of 208 days.
Cause: School District Requested.
Justification: Due to operational needs of the school, the phasing plan was revised causing delays in providing access to Media Center and completion of the auditorium.
Item #2
Description: On Forest Hill Community High School, the Contractor, James A. Cummings, Inc., achieved Substantial Completion on August 13, 2004, and requested a Reduction of Retainage from 10% to 5%; the Architect and District staff recommends this reduction.
Minutes: Item #1
COPR #1 in the credit amount of ($751,564.00).
Description: Provide credit to the GMP, due to work that cannot be performed at this time.
Cause: School District Requested.
Justification: The School District is presently using the original Meadow Park Elementary as a holding school for Berkshire Elementary. The subcontractors were not willing to hold their prices in this volatile market. Therefore, this work will be rebid at the appropriate time.
Item #2
Description: On Meadow Park Elementary School, the Contractor, James Pirtle Construction, has achieved substantial completion on:
May 22, 2005 for Buildings #1 and #2
July 1, 2005 for Buildings #3 and #4
The Contractor has requested a Reduction of Retainage from 5% to .01%; the Architect and District staff recommends this reduction.
Minutes: Description: On Santaluces High School, the Contractor, Weitz Company, has achieved Substantial Completion on November 9, 2004, and requested a Reduction of Retainage from 10% to .03%; the Architect and District staff recommends this reduction.
The General Contractor has requested, and the Architect and Staff have recommended, Final Payment and Final Acceptance.
Minutes: Architectural Design Services for a new 970 student capacity elementary school design compliant with the Leadership in Energy & Environmental Design (LEED) Requirements.
The RFP requires that the proposer have a building that has completed the Leadership in Energy & Environmental Design (LEED) certification process. Only two (2) proposals meet this requirement.
LEED certification of buildings is relatively new, especially in South Florida, therefore there are not very many firms that have completed buildings that are LEED-certified.
Several other proposers, including several that have done very well for us in the past, have people on their staffs who have themselves completed the LEED certification training and have worked on LEED projects.
In order to obtain more qualified proposals from which to chose, staff thought it would be best to reject the proposals, revise the RFP and request new proposals allowing firms with LEED-certified staff, but not having projects that have completed the LEED certification process, qualify for this project.
This action is not expected to delay the project as we have allowed extra time for design in anticipation of going through the LEED-certification process for this school.
Approved Budget for Planning and Design: $1,300,000.
Approved Budget for Construction: $20,300,000.
List of Proposers: Minority Status:
Acai Associates, Inc. Hispanic
BRPH Companies
Dow Howell Gilmore & Associates, Inc.
Harper Aiken Partners, Inc.
Harvard Jolly, Inc.
MPA Architects, Inc. Hispanic
PGAL
Schenkel Shultz Architecture, Inc.
Song & Associates, Inc.
Zyscovich, Inc.
Motions:
| I recommend the School Board reject all bids for the Summit Jog Road Area Elementary School 03-Y, Project No. 0281-8243. | - | PASS |
| Vote Results: | ||
| Motion: Debra Robinson | ||
| Second: Bill Graham | ||
| Tom Lynch | - | Nay |
| Sandra Richmond | - | Aye |
| Monroe Benaim | - | Aye |
| Mark Hansen | - | Aye |
| Debra Robinson | - | Aye |
| Bill Graham | - | Aye |
Minutes: The School Board approved the conceptual plan for the relocation of Suncoast High School and the construction of the New Riviera Beach Area High School (02-MMM) on the future expanded site of Suncoast High School.
The New Riviera Beach Area High School (02-MMM) is included in the Five Year Capital Plan.
The Expansion of the existing Suncoast High School campus for the New Riviera Beach Area High School (02-MMM) would require the acquisition of an additional +10 acres. See Exhibit “A”.
The seller has agreed to terminate the lease resulting in a loss of income and has offered the tenant compensation to relocate to a new residence.
The contract price is $205,000.00 (PC# 56-43-42-29-24-000-0063). The appraised value of the property is $180,000.00.
A Phase I Environmental Audit for the expansion area of which this property is a part thereof, has been completed. The results do not show a need for a Phase II.
An Asbestos Analysis will be performed upon acquisition of the properties due to the age of some of the structures located within this assemblage.
Demolition Costs: $10,000.00.
Minutes: The School Board approved the conceptual plan for the relocation of Suncoast High School and the construction of the New Riviera Beach Area High School (02-MMM) on the future expanded site of Suncoast High School.
The New Riviera Beach Area High School (02-MMM) is included in the Five Year Capital plan.
The expansion of the existing Suncoast High School campus for the New Riviera Beach Area High School (02-MMM) would require the acquisition of an additional +10 acres. See Exhibit “A”.
The Church has agreed to work with and accommodate the School District as long as their needs and the Community’s needs are met.
The seller, Riviera Beach Community Chapel, is a strong and important part of the Riviera Beach Community. The Church provides free day care and after school care for the single parents and needy families in this community. Without the Church’s assistance many of the parents would not be able to work.
This Community Church provides transportation for the sick, school supplies and clothing to those in need, food and financial help to the poor and spiritual and physical assistance to those that need help.
It is of utmost importance to the Church and the Community that the Church remains in the neighborhood.
The Church has identified another property within the area to acquire.
The Church will retain use of the existing property through a post Closing Agreement after the Real Estate closing, in order to provide continuous service to the neighborhood and to accommodate their relocation and construction, if needed, to a replacement facility. The seller will deliver full possession of the property to the School Board on December 14, 2006.
The averaged appraised value is $630,000.00. The purchase price is $800,000.00 (See Exhibit “B”).
A Phase I Environmental Audit for the expansion area of which this property is a part thereof, has been completed. The results do not show a need for a Phase II.
An Asbestos Analysis will be performed upon acquisition of the properties due to the age of some of the structures located within this assemblage.
Demolition Coasts: $35,000.00.
Motions:
| I recommend the School Board approve the Real Estate Sale and Purchase Contract, the Addendum to Real Estate Sale and Purchase Contract, and the Post Closing Occupancy Agreement for acquisition of 3031 Avenue “I”, Riviera Beach consisting of 1.447 acres which property is adjacent to the Suncoast High School Campus as herein described; approve a Resolution declaring structures located on the property to be acquired by the School Board to be unnecessary for educational purposes, surplus and without commercial value; and authorize the Superintendent and Chairman to sign all necessary documents. | - | PASS |
| Vote Results: | ||
| Motion: Mark Hansen | ||
| Second: Bill Graham | ||
| Tom Lynch | - | Nay |
| Sandra Richmond | - | Aye |
| Monroe Benaim | - | Aye |
| Mark Hansen | - | Aye |
| Debra Robinson | - | Aye |
| Bill Graham | - | Aye |